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HRAB 06-18-91 Meeting AgendaRe-n(2p-1/ -R It-. (1110IRi COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 MEMORANDUM TO: Historic Resources Board Members FROM: Kris- C. Tierney, Deputy Planning Director'ci//� DATE: June 10, 1991 �� RE: June 18 HRAB Meeting There will be a meeting of the Historic Resources Board at 7:30 p.m. on Tuesday June 18, 1991 in the conference room of the Old County Court House, 9 Court Square, Winchester, Virginia. The purpose of this meeting will be to review the proposed HAO Zone regulations prior to the Planning Commission Worksession. Some informational items are enclosed with your agenda. Please let me know if you will be unable to attend the meeting. AGENDA 1. Discussion of June 19 Planning Commission worksession. The materials which have been sent to the Planning Commission with their agenda is attached. 2. Other KCT/rsa Attachment THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 MEMORANDUM TO: Board of Supervisors and Planning Commission Members FROM: Kris C. Tierney, Deputy Director RE: HISTORIC AREA OVERLAY ZONE; DISCUSSION OF PROCESS DATE: June 3, 1991 Attached is a summary outline of the regulations which have been prepared by the Historic Resources Advisory Board (HRAB), as well as the complete text of the proposed regulations. The regulations are the result of nearly a year's worth of work. There are still areas that need refinement and where guidance from the Commission and Board is needed. In general the proposal would establish a Historic Area Overlay Zone which could be applied to a defined geographic area in an effort to help preserve historic properties. Overlay Concept: An Historic Area Overlay Zone would supplement the existing zoning of an area where it was enacted. Uses permitted, lot size regulations and required setbacks could remain the same as permitted by the underlying zoning or could be modified for the particular needs of that area. Method of Implementation: Sites of historic significance, along with land closely related to and bearing upon the character of those sites could be recommended for HAO Zone designation by the HRAB or an individual or group residing in the area. The HRAB would make a recommendation to the Planning Commission and Board of Supervisors, who would make the final determination as to whether or not to established the area as an HAO Zone. Boundaries of the site would be proposed prior to the time of recommendation of the district by the HRAB and would be included in their recommendation to the Board of Supervisors. Once established, the boundaries could be amended through the same process used to establish the zone initially. Please let me know if I can answer any questions. THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 OUTLINE OF PROPOSED REGULATIONS FOR HISTORIC AREA OVERLAY ZONE (HAO) A. CREATION OF A ZONE 1. Could be initiated by HRAB or residents of area. a. Proposal would include recommended boundaries and description of the history and structures within area. 1.Structures within area would be listed as either "contributing" or "noncontributing". contributing structure: a structure within an HAO zone, at least 50 years of age, which possesses historical, architectural or cultural significance and has not been physically altered enough to substantially detract from its historical integrity. In addition, structures at least 50 years of age which might not possess significant merit when considered alone may be considered contributing if they have significance relative to their patterns of development and/or their relationships with landmarks, buildings, structures or sites determined to be historically and/or architecturally significant. b. Recommendation from HRAB to the Planning Commission regarding the designation of an area as an HAO zone, then on to the Board of Supervisors for a final determination. 2. HRAB would oversee an HAO zone once it is designated. a. Membership of HRAB could be expanded by the Board of Supervisors to include a resident of the area designated. B. REGULATIONS 1. Certificate of Appropriateness required for new construction, reconstruction or "significant" exterior alterations. significant exterior alteration: any change in the exterior appearance of a structure, excluding minor changes such as painting, minor repairs, installation of easily -removed equipment such as air conditioners, storm doors, windows or etc. a. HRAB would consider Secretary of the Interior's Standards for Rehabilitation to decide on appropriateness. These standards consist of a set of guidelines which recommend construction methods which are preferable for maintaining the integrity of historic structures. Page 2/HAO Zone June 3, 1991 b. Exemption for undue hardship. 2. Approval required prior to demolition. a. Noncontributing structures or structures which present a threat could be demolished without approval. The Zoning Administrator would make this determination. b. Any structure could be demolished by right; however, HRAB could require that contributing structures be offered for sale prior to their destruction. (Length of time is set out in the State Code based upon the value of the site/structure) C. ADMINISTRATION 1. Zoning Administrator forwards permit applications for activities covered by regulations to HRAB. 2. HRAB decides within 60 days whether to grant permit. a. If application is denied, a written statement of what would be required to obtain approval will be provided. If applicant agrees to changes, permit would be issued. b. If denied, a 12 month wait prior to reapplying for same activity. c. If approved, permit issued for activity, commence with construction. D. TAX CREDIT FOR REHABILITATION 1. HRAB is also proposing that the Board of Supervisors adopt a resolution that would allow a partial tax credit for rehabilitation efforts to structures within an established HAO zone. a. To be eligible, rehabilitation would have to increase assessed value of property by at least 40%. b. Exemption could not exceed amount of increase in assessed value or $250,000 for residential structures, $500,000 for commercial or industrial. c. Exemption would begin at the time of completion of renovation and run with property for 10 years. HISTORIC AREA OVERLAY ZONE DRAFT June 3, 1991 Statement of Intent: The Historic Area Overlay Zone (HAO) 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. Procedures for establishing Overlay Boundaries: HAO zones may be created by amending the Zoning Ordinance as provided for in Article 2, section 6 of the Zoning Ordinance. 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 HAO zones and the revision of existing HAO 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. The HRAB or applicant shall submit a report to support the proposed amendment. The report shall suggest the historic district 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 public objectives for preservation. Any area to be designated as an HAO 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. 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. Criteria for determining an historic significance: The significance of a 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, 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. 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. E 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. Historic Area Overlay Regulations: Within the Historic Area Overlay Zone, the following regulations shall apply: 1. 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. 2. 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. 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. Whether 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. 3. Demolition: No contributing building or structure within any HAO 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. 3 4. 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: - Would the removal be detrimental to the public interest? - Could the building only be reproduced at great expense or difficulty due to its unique or unusual texture, material or design? - Would demolition of the structure result in the loss of a significant historic place in Frederick County? 5. Offer for Sale: The owner of a building, structure or site in a historic district shall, by right, be entitled to demolish same provided that: a. He has applied for a demolition permit. b. 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: - Three months when the asking price is less than $25,000. - Four months when the asking price is between $25,000 and $40,000. - Five months when the asking price is between $40,000 and $55,000. - Six months when the asking price is between $55,000 and $75,000. - Seven months when the asking price is between $75,000 and $90,000. - Twelve months when the asking price is over $90,000. 7. 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. 8. 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. 4 9. Uses permitted: Within the Historic Area Overlay, 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. 10. Exceptions: Where the strict interpretation of these regulations creates an undue hardship, the HRAB may make recommendations for reasonable exemptive relief. Administration: 1. 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 HAO until the same has been approved and a certificate of appropriateness issued by the HRAB, following the procedures set forth below. 2. Upon receipt of an application for such a permit in the historic district, the Zoning Administrator shall follow the procedures below: A. 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. B. A file of all such applications and related materials shall be maintained. 3. 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. 4. Fees: The Board of Supervisors shall establish a schedule of fees for the submission and review of an application for a certificate of appropriateness. 5. Other Approvals Required: In any case in which an applicant's proposal also requires the approval of the BZA, approval by the BZA shall be obtained prior to action by the HRAB. 5 6. Action of the Historic Resources Advisory Board: The HRAB shall return, within sixty (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 HAO zone. 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 HAO. If the applicant determines that he will make the suggested changes, he shall so advise the HRAB in writing which shall act accordingly. In the case of disapproval, the application shall not be resubmitted for consideration until twelve (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. Definitions: contributing structure or site - a structure or site within an HAO district, at least 50 years of age, which possesses historical, architectural, or cultural significance, and has not been physically altered enough to substantially detract from its historical integrity. In addition, structures or sites at least 50 years of age which might not possess significant merit when considered alone may be considered contributing if they have significance relative to their patterns of development and/or their relationships with landmarks, buildings, structures, or sites determined to be of historical, cultural and/or architectural significance. demolition - complete or partial disturbance dismantling or taking down of a structure or site by human effort. non-contributing structure - any structure within an HAO district not listed as a contributing structure. significant exterior alteration - any change in the exterior appearance of a structure, excluding minor changes such as painting, minor repairs, installation of easily -removed equipment such as air conditioning, and/or storm doors or windows. structure - buildings, fences, railings, signs, light fixtures, or other exterior elements. M PROPOSED AMENDMENT TO CHAPTER 99 FINANCE AND TAXATION, ARTICLE 1, of the FREDERICK COUNTY CODE 1-9 EXEMPTION FOR REHABILITATED HISTORIC REAL ESTATE A partial exemption from taxation shall be provided for real estate on which a structure not less than twenty five (25) years of age that has been rehabilitated so as to increase its assessed value by at least 40%. Such real estate shall be located in an historic overlay zone established by the Frederick County Board of Supervisors, in accordance with Section 15.1-503.2, of the code of Virginia. The partial exemption shall not exceed an amount equal to the increase in assessed value resulting from the rehabilitation or renovation of the structure as determined by the County Assessor. The amount of the partial exemption shall not exceed $250,000 for rehabilitations for residential uses or $500,000 for rehabilitations for commercial or industrial uses. The exemption shall commence on January 1 of the year following completion of the rehabilitation and shall run with the real estate for a period of ten (10) years. Rehabilitations for residential uses cannot replace the original structure and cannot increase the square footage of the original structure by more than 15% (this condition can be eliminated or the percentage increased). Rehabilitations for commercial or industrial uses cannot replace the original structure but may increase the square footage of the original structure without limit. No property shall be eligible for such exemption unless the appropriate certificates of appropriateness and building permits have been acquired and the County Assessor has verified that the rehabilitation indicated on the application has been completed. Such rehabilitation shall be completed within 2 years of issuance of the building permit for the work.