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CPPC 04-14-14 Meeting Agenda Item 1 McCann-Slaughter Properties At their November 13, 2013 meeting, the Board of Supervisors adopted a resolution directing staff to undertake a land use study to evaluate the future land use of the McCann-Slaughter properties, and surrounding area, near the intersection of Martinsburg Pike (Route 11) and Old Charlestown Road (Route 761). The CPPC, at their December meeting, initiated the review of this request. 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. Future Route 37 traverses parcel 44- A-25B and the properties are located within the Sewer and Water Service Area (SWSA). CPPC April 14, 2014 Meeting Overview The CPPC should conclude their evaluation of this request and provide a recommendation to the Planning Commission. Discussion held at previous CPPC meetings, and the input provided as requested by the Historic Resources Advisory Board (HRAB), will provide the basis for the recommendation of the CPPC. It would appear as though several options are available to the CPPC. 1) Support the recommendation of the HRAB. 2) Propose the approach discussed by the CPPC at your earlier meetings, prior to the input of and notwithstanding the recommendations of the HRAB, where the CPPC described the following scenario: • The recommendations of the HRAB. • 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. • If an alternative land use designation is deemed to be appropriate, access to be provided via a new north south road that would generally be parallel to the west side of the existing railroad. This road would connect into proposed development to the south. No access would be permitted to McCann’s Lane for vehicular access to Martinsburg Pike or Milburn Road. 3) An alternative recommendation to the above of the CPPC. The HRAB recommendation (02/18/14). Historic Resources Advisory Board Concerns (Please see the letter provided by the HRAB in the attachments to this agenda). 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 Second Winchester and the Battle of Third Winchester (Opequon), with retained integrity. After reviewing this information and the applicant’s materials the Historic Resource Advisory Board (HRAB) recommended denial of the Comprehensive Plan Amendment for the McCann Slaughter Properties. The HRAB stated that the Historic Chapter of the 2030 Comprehensive Plan supports the preservation of the County’s battlefield. Specifically, the plan states the following: “As commercial and residential developments continue to locate and expand in Frederick County, there is a need for balance to maintain the historic integrity, both structurally and scenically, between surviving historic resources and landscapes and new development. This balance can be achieved by recognizing both the current development needs of the community and the historic and rural character of Frederick County’s past”. The HRAB also felt that the Developmentally Sensitive Designation was placed over this area because of the historic nature of the area and that there wasn’t sufficient evidence presented to the committee that justified support for removing the designation. . Also, at the HRAB’s February 2014 meeting a representative from the Shenandoah Valley Battlefield Foundation (SVBF) stated that the foundation has expressed interest in preserving the site and that additional materials may be available that provides more detail regarding the historic importance of this site. The HRAB stated that should additional information regarding the history on the site be made available, the Board could revisit the subject. Committee Review Background. CPPC December 16, 2013 Meeting The CPPC discussed this request and proposed the study be coordinated with the HRAB, given the historical context of the Developmentally Sensitive Areas (DSA’s) in this area. It is believed that the HRAB would be able to provide the appropriate guidance and input on the land use in this area from a historical perspective. Notwithstanding the historical background associated with Stephenson’s Depot, the site also contains a significant amount of environmental features that are protected within the DSA designation. The floodplain and its associated issues were discussed. The location of the environmental features also creates a barrier to Martinsburg Pike, Route 11, and Old Charlestown Road. The Applicant’s representative presented a sketch of the proposed layout for a potential commercial/industrial development with access being provided from the north and from the south via a new north/south road connecting with adjacent projects and minimizing the impact on the Milburn Road corridor and McCann’s Road. An O.M. land use designation was proposed by the Applicant’s representative as being the most acceptable land use designation along with recognition that those DSA’s identified on the site could be incorporated into the land use plan. Any update to the Northeast Land Use Plan should consider the following points as the basis for the narrative: • The recommendations of the HRAB. • 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 (if appropriate). The CPPC approached this as an amendment to the Northeast Land Use Plan. It was recognized that the Northeast Land Use Plan is a series of four detailed land use maps that do not contain a descriptive narrative. The CPPC felt that if the land use were to change in this location, it should be accompanied by a descriptive narrative that is clear on what the future land uses should be, where they should be, and that any performance conditions, such as areas of preservation and methods of access, should be stated. The CPPC were very eager to receive the recommendations of the HRAB before they finalized their recommendations for a change in the land use. In addition, the CPPC wanted to see some of the points discussed at their December meeting listed in bullet form to provide a summary of the potential The CPPC also identified several approaches to update the Northeast Land Use Plan for this area; 1) updating the four land use maps, 2) updating the four land use maps and adding a narrative specific to this proposed change, and 3) updating the four land use maps and reinstating text describing the Northeast Land Use Plan as a whole. The CPPC’s initial preference was option 2. Recent proposed amendments to the North East Land Use Plan could be consolidated into this update. HRAB December 17, 2013 Meeting Summary 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. 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 Graysto ne. 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. HRAB February 17, 2014 Meeting Summary The HRAB further discussed the discussions to date of The Comprehensive Plans and Programs Committee (CPPC) who discussed this amendment at their January and February meetings. The recommendations of the HRAB were summarized in the comment letter provided by the HRAB and attached, dated March 10, 2014. Attachments. Please find attached the recommendation of the HRAB, a copy of the BOS approved resolution, a location map which depicts the long range land use for the area, the current Northeast Land Use Plan, and excerpts from the previous Northeast Land Use Plan.