HRAB 09-15-15 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: September 15, 2015 HRAB Meeting Agenda
DATE: September 3, 2015
The Frederick County Historic Resources Advisory Board (HRAB) will be meeting on Tuesday,
September 15, 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. The
HRAB will discuss the following items:
AGENDA
1. March 2015 and July 2015 HRAB Minutes
2. Review of the Rezoning Application for the Woodside Land Company 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)
March 17, 2015
Board of Supervisors Executive Session Room of the County
Administrative Building
107 North Kent Street Winchester, VA
Members Present: Lauren Murphy, Elizabeth Fravel, Denny Perry, Stacey Yost, Chris Oldham, Gary
Crawford, Gary Oates, Maral Kalbian
Members Absent: Claus Bader, Clint Jones
Staff Present: Candice Perkins
Applicants Present: Gary Oates for the McCann Slaughter Property, Tim Stowe and Gray Farland for
the Blackburn Property
Agenda Items: February 2014 Minutes, 2015 Meeting Dates, McCann Slaughter Properties Rezoning
Application, Blackburn Property Rezoning Application
Call to order at 6:00 PM.
Item 1: February 2014 - minutes approved.
Item 2: Meeting dates were acknowledged.
Item 3: Review of the 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 in the 2030 Comprehensive Plan.
The HRAB questioned the amount of public space and areas for the civil war group to post signage.
The applicant stated that they will be providing the civil war group with area but not maintenance.
The HRAB also inquired about the type of project, the applicant provided an overview of the office
park along with the signage, and fencing proposed along Martinsburg Pike and Old Charlestown
Road.
After reviewing this information and the applicant’s materials and proposals, the Historic Resources
Advisory Board (HRAB) recommended approval of the McCann Slaughter Rezoning Application with
the following conditions:
A pull off area will be provided to the Shenandoah Valley Battlefield Foundation to provide for
interpretative signage.
The HRAB requested that only one freestanding sign be permitted at the park entrance off of
Old Charlestown Road; said sign should be an office park sign (name of park only), not a
multitenant complex sign.
Text will be added to the proffer regarding the proposed split rail fence along Martinsburg Pike
and Old Charlestown Road.
Item 4: Review of the 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 applicant provided an overview of the project, it was stated that the package will be providing
the Kernstown Battlefield association with a pull off area which will be located on the area currently
zoned. The applicant also stated that they will be preserving as many existing trees as possible as
well as look at expanding the green buffer area around the pond.
The applicant further stated that in regards to the core battlefield designation on the property that
historical maps show most of the fighting for the First Kernstown on the other side of middle road
and further north for the Second Kernstown. This site was predominately used for troop movement
and possibly camps. The applicant is providing KBA with access to the site prior to construction so
that they can search for artifacts. The KBA will be recording their findings and keeping the items for
their museum.
The HRAB questioned the possible maximum heights for the structures, noting that exempt features
have the possibly to go much higher than the 60’ standard. The KBA noted that they were
uncomfortable with higher structures because of the potential to block the viewshed. The applicant
stated that they are proposing 40’ structures but not proffering limitations.
After reviewing this information and the applicant’s materials and proposals, the Historic Resources
Advisory Board (HRAB) recommended approval of the Blackburn Rezoning Application with the
following conditions:
The applicant should consider a maximum height proffer to protect the viewshed of the
Kernstown Battlefield Property, this is especially important because of accessory features
permitted to exceed the height maximums.
Freestanding signage should be limited or prohibited along Apple Valley Road.
The buffer area along the pond should be expanded as much as possible.
Meeting was adjourned at 8:30 p.m.
Frederick County Historic Resources Advisory Board (HRAB)
July 28, 2015
Board of Supervisors Executive Session Room of the County
Administrative Building
107 North Kent Street Winchester, VA
Members Present: Lauren Murphy, Elizabeth Fravel, Stacey Yost, Chris Oldham, Gary Crawford,
Maral Kalbian
Members Absent: Denny Perry
Staff Present: Candice Perkins, Mike Ruddy
Agenda Items: Kernstown Area Plan
Call to order at 6:00 PM.
Item 1: Review of the Draft Kernstown Area Plan
The HRAB decided to go through the sections page by page that pertained to historic resources. It
was stated that the 2030 Plan did not provide enough guidance with the DSA text; new wording
would be helpful because there isn’t’ enough detail to fully understand what DSA means. For
example, with the Northeast Land Use Plan, the DSA description was lacking, the new idea for
separating heritage resource areas out from DSA is a positive change. The HRAB recommended
that natural resources be separated from heritage resources, and look at compressing the name of
rural historic resource area.
The HRAB questioned whether the boundaries shown on the maps accurately depict the historic district
currently in place and whether all historic structures were shown. It was noted that specific buildings
on route 11 appear to be missing, need to add ones that didn’t qualify with the original survey.
Including historic access corridors was discussed, looking at stricter design guidelines and state enabled
historic corridors should be considered. On the maps, historic structures are located in separate pockets
and far from the developed areas. If we really care about preserving these historic areas we cannot look
at them as isolated spots. The Bartonsville area is where the first settlers were in Frederick County, the
HRAB inquired as to whether something can be done, such as design control along Route 11.
The HRAB felt that from Bartonsville to Kernstown, walkability, screening, and setbacks could be further
described. Cohesive guidelines for the corridor should be considered. If you look at the Route 1 area
and how it’s been cleaned up over the past years, utilities, sidewalks, brought back some of the
attraction to that area. They had many hurdles, but still made it come together.
The HRAB included as to whether individual properties within the historic district were evaluated,
however most were only evaluated as contributing structures to the overall district.
On sheet 7, the local historic district for the Grim Farm was discussed; should it be a local/state historic
district or a national district. The County should be pursuing a state register district as well as
easements. It’s important to do preemptive identification of historic areas; it’s difficult to only look at a
little area. It’s better to take a comprehensive look at the entire county for possible historic districts.
The County should also look at changing the DSA title to something geared more towards historic
preservation and identification. This DSA text change should be looked at comp plan wide. Consider
setting up a hierarchy for preservation, adaptive reduce, continuation of the existing property (preferred
use 1, secondary use 2, etc.).
On page 20 where the Mill is discussed, it was recommended that the text be simplified.
Archeology should be discussed in the introduction part (earlier than page 19). Prehistory or Native
American terminology should be used.
On page 20 the second sentence discusses converting historic elements into recreational elements,
however does this conflict adaptive reuse? It is better for the heritage element to be in constant use
instead of recreational type use, where they can become an unused burden to the property owner.
Concern was expressed that the text stated it could only be a museum other recreational use.
The Map should state “historic resource” instead of “historic rural landmarks”.
The HRAB also discussed the Pritchard House being given a historic plaque – this will be discussed at a
future meeting.
Meeting was adjourned at 8:30 p.m.
Item # 2
Rezoning Application for the Woodside Land Company
The Historic Resources Advisory Board (HRAB) has been asked to provide a comment pertaining
to a rezoning application for the Woodside Land Company properties. This parcel is identified
by Property Identification Number 34-(A)-6D in the Stonewall Magisterial District. The rezoning
application is for 20 acres of the subject property. The site is located on the eastern side of
Winchester & Western Railroad and south of Route 669, Woodbine Road, about 2000’ east of
Route 11 (Martinsburg Pike). The parcel is currently zoned RA and is currently used for
agriculture. The parcel lies within the Sewer and Water Service Area. The proposed use for the
site is Industrial General (M-2), with a cap of 102,500 sf of building floor area. The 2030
Frederick County Comprehensive Plan (Northeast Land Use Plan) shows the future use of this
site as industrial.
The Study of Civil War Sites in the Shenandoah Valley published by the National Park Service
does not identify the proposed tower site or the surrounding areas as being part of a
battlefield. The Rural Landmarks Survey Report for Frederick County Virginia identifies two
mapped properties within the immediate area of the subject site which are listed as potentially
significant. The sites that are listed in the survey are:
Sarsaparilla Springs (#34-0156) – Potentially Significant
Woodside (#34-0731) – Potentially Significant
Representatives for the application will be available at the HRAB meeting to provide additional
information on the proposed rezoning application. 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, Plat, Location Map, and Impact Statement
2. Survey information from the Virginia Department of Historic Resources.
3. Photographs of the properties
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Rezoning: RZ # __-15
Property: Area: 20.000 acres
Tax Parcel 34-(A)-6D
Record Owner: Woodside Land Company, LLC
Project Name: Woodside Land Company
Original Date of Proffers: June 22, 2015
Revised Date of Proffers: August 26, 2015
Magisterial District: Stonewall
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as
amended, and the provisions of the Frederick County Zoning Ordinance with respect to
conditional zoning, the undersigned owner hereby offer the following proffers that in the
event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning
Application #__-15 for rezoning of 20.000-acres from the RA (Rural Areas) Districts to
M-2 (Industrial General) District, development of the subject property shall be done in
conformity with the terms and conditions set forth herein, except to the extent that such
terms and conditions may be subsequently amended or revised by the owner and such are
approved by the Board of Supervisors in accordance with the said Code and Zoning
Ordinance. In the event that such rezoning is not granted, then these proffers shall be
deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon
this owner and their legal successors, heirs, or assigns.
The Properties are more particularly described as the lands conveyed to Woodside
Land Company, LLC, from John H. Light, as recorded in the Frederick County Circuit
Court Clerk’s Office as instrument #120009190 dated August 16, 2012.
Proffers:
1. Transportation
a. The site shall be accessed via a single entrance onto Route 669 as shown on
the Generalized Development Plan (GDP) to be made part of this proffer as
Exhibit A. Furthermore, the total building floor area shall not exceed 102,500
square feet, per the Transportation Impact Analysis by Stowe Engineering.
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b. The owner hereby proffers a cash contribution to Frederick County, for
Transportation Improvements, of $0.75 per building square foot, to be paid
with application for building permits. The term “building square foot” shall be
the combined floor area for each story.
2. Fire & Rescue
a. The owner hereby proffers a cash contribution to Frederick County for Fire
and Rescue purposes, of $0.10 per building square foot to be disbursed to the
Frederick County Fire and Rescue Department, to be paid prior to each final
site plan approval. The term “building square foot” shall be the combined
floor area for each story.
3. Frederick County Sanitation Authority
a. The owner hereby proffers a 100’x100’ easement as shown on the GDP for a
production well for public use. This easement shall expire on December 31,
2018, if the well is not viable as determined by the Frederick County
Sanitation Authority.
The conditions proffered above shall be binding upon heirs, executors,
administrators, assigns, and successors in the interest of the owner and owner. In the
event the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to other
requirements set forth in the Frederick County Code and Ordinance.
Respectfully Submitted:
By: ______________________ _____________
John H. Light, manager Date
Woodside Land Company, LLC
Commonwealth of Virginia,
City/County of _________________ To Wit:
The foregoing instrument was acknowledged before me this ___ day of _________, 20__
By ________________________________________
__________________________________________ ________________________
Notary Public Registration Number
My Commission Expires _______________________
Impact Statement
For consideration of Rezoning the lands for
Woodside Land Company, LLC
Stonewall Magisterial District
Frederick County, Virginia
August 26, 2015
Tax Map Numbers
34-(A)-6D
Total Area: 20.000 acres
Owner of Record:
Woodside Land Company, LLC
2973 Woodside Road
Clear Brook, VA 22624
(540) 539-3834
Contact:
Gary R. Oates, LS-B, PE
GreyWolfe, Inc.
1073 Redbud Road
Winchester, VA 22603
(540) 667-2001 ofc
(540) 545-4001 fax
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Woodside Land Company, LLC
Introduction
The site is located on the eastern side of Winchester & Western Railroad and
south of Route 669, Woodbine Road, about 2000’ east of Route 11 (Martinsburg Pike).
The parcel is currently zoned RA and is currently used for agriculture. The parcels lies
within the Sewer and Water Service Area. The proposed use for the site is Light
Industrial General (M-2), with a cap of 102,500 sf of building floor area. The applicant is
seeking this change in zoning to create a more viable industrial parcel consistent with the
Frederick County Comprehensive Plan.
The 2030 Frederick County Comprehensive Plan contains the Northeast Land Use
Plan which designates the area of this rezoning shall be Industrial. There are not any
Developmentally Sensitive Areas nearby nor any Public Facilities.
Existing Conditions
The property is used for agriculture. The stormwater drains generally to Duncan
Run to the north.
Comprehensive Planning
The 2030 Frederick County Comprehensive Plan contains the Northeast Land Use
Plan which designates the area of this rezoning shall be Industrial. There are not any
Developmentally Sensitive Areas nearby nor any Public Facilities. The benefit to
Frederick County by approving this rezoning will be a positive economic impact from
businesses through taxes, as well as employment opportunities for its citizens.
Proposed Development
The site will be graded, landscaped, and roads installed that will meet current
County and Commonwealth specifications.
Physical Impacts
A portion of the site is located within the 100 year flood plains per FEMA Flood
Map No. 51069C0150D. This area will be utilized as a conservation area for stormwater
management. The ability for the County to request any portion of this for road
improvements is reserved. Access the site will be via one commercial entrance onto
Route 669 and installed per Frederick County Zoning Ordinance. Stormwater quality and
quantity shall utilize organic BMP’s such as grass swales, bio-retention cells, and
artificial wetlands.
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Surrounding Properties
The site is bounded to the north by Route 669 and RA zoned land owned by
George Sempeles that is comprehensively planned for additional industrial uses
consistent with the rest of his industrial park, to the west by Winchester & Western
railroad, and to the east and south by agricultural fields owned by the applicant. Past the
road and railroad are M-1 (Industrial Lands).
Traffic Impact and Analysis
Report by Stowe Engineering is available upon request if not already provided.
The Eastern Road Plan calls for the section of Woodbine Road along to the frontage to be
improved to a major collector and the alignment to shift northwards to straighten the
road. Since right of way will be needed from neighboring parcels to accomplish this
realignment; a cash contribution of $0.75 per square of building area has been proffered
for future transportation needs in the area. This is consistent with the BPG and Blackburn
rezoning applications that have been accepted by the County.
Furthermore, the application has proffered to restrict the building footprint to
102,500 sf. This restriction keeps the traffic below the threshold of the VDOT Chapter
527 requirements, limits the peak hour traffic to less than 100 vehicle trips per hour, and
maintains a level of service C for the intersection of Route 11 and Woodbine Road where
almost all traffic will come from.
Finally, the condition of Woodbine Road and the railroad crossing are adequate
for the existing and proposed use. Additional traffic from future rezonings may
necessitate improvements the railroad crossing, low water crossing, and road alignment
and pavement section.
Sewer Conveyance and Treatment
There is a pump station at the intersection of W&W and Route 669 about 150’
from this property. The applicant will be responsible for installing sleeves under the
railroad and Route 669 to reach the pump station. Furthermore, the applicant will be
responsible for any upgrades or improvements to the existing pump station necessary to
receive his effluent. This development is expected to employ 51 people based on the
capped floor area, and generate 765 gpd.
Water Supply
The FCSA has a water line on Route 669 that will accessed similar to the sewer.
The expected water demand will be 765 gpd for employees, plus an additional 1,000 gpd
for wash down uses. The water line brought to the site will be a minimum of 8” in
diameter to provide fire protection. Furthermore, the owner has proffered to grant an
easement to the Frederick County Sanitation Authority for a production well. The well
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site is identified in FCSA’s studies and the easement shall remain permanent if the well is
a viable source to supplement the public water system.
Drainage
The stormwater runoff drains to the north into Duncan Run. The applicant will be
required to implement BMP’s and other devices to meet the Commonwealth of Virginia’s
requirements as required by DEQ.
Solid Waste Disposal
The Civil Engineering Reference Manual, 4th edition, uses a rate of 5.4 cubic
yards per 1,000 square feet of floor area. A 102,500 sf development will yield 554 cubic
yards per year. The solid waste will be transferred to the Frederick County Landfill
Facility by private licensed commercial carriers.
Historical Impact
There are two historical impacts associated with this application.
The first is a house ownerd by George Sempeles and referred to in historical
documents as the “Joseph Payne House”, “Locust Level” and “Sasparilla Springs”. It is
furthered identified by the Virginia Department of Historic Resources as DHR-034-0156.
It is a Federal style home made of brick and built in 1840. The owner has developed the
surrounding land into an industrial park. This house is situated 175’ north of the proposed
rezoning and is screened by evergreens along the road.
The second house is owned by David Gum and known as the “Branson-
Stephenson-Huyett-Light House”. It is further identified as DHR-034-0731. The
architecture is a Federal/Adamesque and it was built circa 1840. It is situated along
Woodside Road 1500’ east of the proposed rezoning.
Educational Impact
This development will not create additional students for the schools.
Police, Fire, and Rescue Impact
The development will increase the burden on fire and rescue. The applicant is
offering a proffer of $0.10 per constructed building square foot to the County for fire and
rescue services.
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Parks & Recreation Impact
This development is not expected to increase population; therefore, no measurable
impacts are predicted.
Soils
The soil types identified on the General Soil Map of the Soil Survey of Frederick
County, Virginia are Carbo-Oaklet-Rock Outcropping (#7C) and Carbo-Oaklet Silt
Loams (#32B) as shown on map sheet 19. These soil types are clay with an abundance of
limestone rock. The characteristics of this soil are manageable for development following
the Virginia Erosion and Sediment Control practices.
Geology
This area is also known for karst topography. Care should be taken to explore for
sinkholes and caverns prior to any excavation or development.