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HRAB 12-19-89 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 MEMORANDUM TO: Frederick County Historic Resources Advisory Board FROM: Kris C. Tierney, Deputy Director RE: Meeting Notice and Agenda DATE: December 15, 1989 The meeting of the Frederick County Historic Resources Advisory Board scheduled for Tuesday, December 19, 1989, will start at 7:00pm. rather than 7:30pm. The meeting will still take place in the conference room of the Old County Court House, 9 Court Square Winchester, Virginia. Attached is a letter regarding the Caleb rezoning request, with the proffers which the developer is offering as conditions for the approval of his request. You may wish to read these over prior to the meeting. Please let me know if you have any questions or are unable to attend. 9 Court Square - P.O. Box 601 - Winchester, Virginia 22601 LAW OFFICES HAZEL, THOMAS, FISKE, BECKHORN & HANES A PROFESSIONAL CORPORATION WASHINGTON OFFICE 1575 EYE STREET, N. W. SUITE 600 WASHINGTON, D. C. 20005 (202) 898-0010 LEESBURG OFFICE 116-G EDWARDS FERRY ROAD, N. E. P. 0. BOX 87 LEESBURG, VIRGINIA 22075 (703) 777-6777 FAIRFAX OFFICE ALEXANDRIA OFFICE 3110 FAIRVIEW PARK DRIVE, SUITE 1400 510 KING STREET, SUITE 200 P. 0. BOX 820 P.O. BOX 12001 ALEXANDRIA, VIRGINIA 22313 FALLS CHURCH, VIRGINIA 22042 (703) 836-8400 (703) 641-4200 RICHMOND OFFICE TELECOPIF.,R (703) 641-4340 411 EAST FRANKLIN STREET, SUITE 600 P. O. BOX 3-K RICHMOND, VIRGINIA 23206 (804) 344-3400 December 13, 1989 i Mr. Kris Tierney Deputy Director of Planning _ 4JCAQ Frederick County P. O. Box 601 Winchester, Virginia 22601 Dear Kris: Enclosed you will find a copy of the proposed proffers which have been prepared in connection with the Caleb Heights rezoning proposal. I apologize that these have not been provided you earlier, but we are still trying to word several portions satisfactorily. Needless to say, we anticipate discussing these with you and Bob in some detail, beyond the concerns which have been expressed for historic preservation matters. I am also enclosing a copy of the proposed Generalized Development Plan, which must be understood in conjunction with the proffers. I would appreciate it if you could distribute these materials to the members of the HRAB prior to its meeting, so that they may have a better knowlege of the proposal. We look forward to the opportunity to discuss historic preservation issues with the Board, both generally, and with specific respect to the Caleb Heights site. I believe that we may have some useful thoughts on these matters, and we look forward to the Board's consideration and comments on them. If you need anything further, please let me or Sara Howard -O'Brien know. HAZEL,THOMAS, FISKE, BECKHORN & HANES A PROFESSIONAL CORPORATION Mr. Kris Tierney December 13, 1989 Page 2 Sincerely yours, HAZEL, THfMAS, FISKE, BEC O,,f2N & HANES, P.C. H. Foote cc: Dave Holliday Chuck Maddox Sara Howard -O'Brien JHF5:topva.557 December 13, 1989 PROFFERS CALEB HEIGHTS REZONING APPLICATION 1. Preliminary matters. Pursuant to Section 15.1-491.1 et sea. of the Virginia Code Annotated, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application Number 012-89 for the rezoning of 211 acres from the A-2 Zoning District to the RP Zoning District, ("the subject property"), development of the subject property shall be done in conformity with the Frederick County Zoning and Subdivision Ordinances, and in substantial conformity with the terms conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant, and such be approved by the County in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. 2. Generalized Development Plan The development of the subject property, and the submission of any Master Development Plans therefor, shall be in substantial conformity with the Generalized 2 Development Plan which is attached hereto and incorporated herein by reference. 3. Phasing of Development. A phasing plan shall be submitted during the Master Development Plan process, in accordance with the Frederick County Zoning Ordinance. 4. Transportation. A. The Applicant shall design and construct all roads on the subject property consistently with the County's adopted thoroughfare plan for the area, and according to uniform standards established by the Virginia Department of Transportation. B. The Applicant proffers that it shall design and construct a road from the southern edge of its property to existing Regency Lakes Drive, generally at the location designated as "Interparcel Connector" on the Generalized Development Plan, for ultimate inclusion in the State System of Secondary Highways. It shall construct such road only provided that dedicated right-of-way for such extension has been made available by others. In the event that either the Frederick County Board of Supervisors, or the Virginia Department of Transportation, determines to exercise its powers of eminent domain to acquire right-of- way sufficient to the purposes hereof, however, the Applicant agrees to advance or reimburse to either agency the costs of the exercise of such power, including reasonable attorneys' fees and engineering costs, and the cost of the condemnation itself, in order to obtain the right-of-way necessary to construct the roadway agreed to under this proffer. C. 1. The Applicant agrees that it shall construct a two lane segment of a major collector road through the subject property, in the area designated as "Major Collector 80' Right -of -Way" on the Generalized Development Plan, and to which segment it shall access the roadway identified on the Plan as the Local Collector. 2. In order to provide for an ultimate four lane undivided collector road from State Route 661 south to Route 7, the Applicant shall also dedicate the necessary right-of-way for the four lane undivided collector road, where the right-of-way for such proposed collector runs entirely through the subject property, as shown on the Generalized Development Plan, and shall construct the two lane segment provided for in Paragraph C. 1., above, through said right-of-way. 3. The Applicant shall construct a Local Collector Road as identified on the Generalized Development Plan, to provide temporary access to the property from State Route 661. It shall insure that all roads internal to the 4 subject property will be designed to serve compatibly with the Major Collector Roadway. 4. The Applicant shall not be responsible for the construction of any other portion of the Major Collector, than is set out herein. 5. In order to avoid proliferation of entrances on State Route 661 carrying significant traffic volumes, when the aforesaid Major Collector Road has been constructed to State Route 661 and has been accepted into the State System of Secondary Highways, the Applicant agrees that it shall initiate the necessary legal steps, in conjunction with the County and VDOT, to close any through traffic from the Local Collector directly onto State Route 661, and to redirect such traffic from within the property onto the Major Collector Road at a suitable access point. Nothing contained herein shall prohibit the Applicant from providing suitable and customary access from State Route 661 to the ten acre remainder parcel located adjacent to State Route 661, provided that that access (except for emergency traffic) is not permitted to the Local Collector once it has been closed to through traffic. 5. Environmental. A. Existing trees with a trunk diameter greater than six inches shall be catalogued and preserved to the maximum extent possible, consistently with the physical location of 9 dwellings, or necessary to construct roads, or sewers, water lines or other utilities or required infrastructure, and the lawful requirements of the County zoning Ordinance. B. The Applicant agrees that it shall employ Best Management Practices in connection with the development of the subject property. C. Despite its belief that construction on the subject property will have no detrimental effect on Redbud Run, the Applicant agrees that prior to initiation of any construction on the subject property, it shall obtain baseline data as to the existing water quality in the Run, and shall thereafter monitor the water quality in the Run semi-annually, and report the findings of such monitoring to the County, for not more than five years from the date of approval of this rezoning, unless the Director of Planning for Frederick County reasonably determines that it is necessary to continue such testing. In no event shall the Applicant be responsible for such testing for more than ten years following the date of approval of this rezoning. In the event that the Director of Planning determines that development of the subject property has directly caused degradation in the water quality of the Run, below the baseline data acquired hereunder, the Applicant shall take reasonable steps to mitigate such degradation. To the extent that these responsibilities are to be performed after the Applicant has constructed homes on the M subject property, the Applicant may assign any responsibilities assumed hereunder to an appropriate homeowners' association created in connection with the development of the subject property. 6. Maximum permitted density. The overall density of the development of the subject property shall not exceed three units per gross acre, and provided further that maximum density shall not exceed two units per gross acre in the area of the subject property identified on the Generalized Development Plan as Area A, and seven units per gross acre on the area of the subject property identified thereon as Area B. Only single family dwellings shall be constructed in Area A, and only townhouses shall be constructed in Area B. 7. Monetary Contribution to Offset Impact of Development on Schools. The Applicant shall pay to the County's General Fund the sum of $200.00 for each lot or parcel which is approved for development, with payment to be made to the County at the time a subdivision plat for such lots is recorded in the land records of Frederick County. Such payment shall be made for the sole and express purpose of implementing the provisions of the currently adopted Frederick County Capital Improvements Plan with respect to school 7 construction costs in the general vicinity of the subject property. In the event that the money proffered hereunder is not used for the purpose for which proffered within ten years from the date this rezoning is approved, it shall be refunded on demand to the Applicant, or such other entity or person as may have made any payment provided for herein, with interest accrued at the rate of 8% per annum from the date the first such payment is made. 8. Historic Preservation. The Applicant shall dedicate to the appropriate public or private agency or authority, in fee simple absolute, those areas identified on the Generalized Development Plan as Historic Preservation Areas, provided that it shall retain the necessary rights-of-way, dedications, easements, and permissions required to construct roads, sewers, water lines and other necessary infrastructure within those preservation areas, as they may be required for the development of the subject property and approved in a Master Development Plan. All infrastructure other than roads shall be located underground, and any land area disturbed during construction shall be restored to its original condition after construction is finally completed. The Applicant shall provide suitable buffering and landscaping along any W road which may be constructed, compatible with the historic preservation purposes of this proffer, and approved by the Director of Planning and Development as being in accord herewith and with the standards established in the Frederick County Zoning Ordinance. Historic signage of a kind similar to that used by the Commonwealth of Virginia to mark historic places shall be placed in locations satisfactory to the Frederick County Historic Resources Advisory Board. signatures JHF2:proffers.tov COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 MEMORANDUM TO: Frederick County Historic Resources Advisory Board FROM: Kris C. Tierney, Deputy Director RE: Meeting Notice and Agenda DATE: December 5, 1989 There will be a meeting of the Frederick County Historic Resources Board at 7:30 pm, on Tuesday, December 19, 1989, in the conference room of the Old County Court House, 9 Court Square Winchester, Virginia. Although the board had agreed not to meet during December, we have received the attached request from the attorney representing the applicant for the Caleb rezoning. The applicants are requesting an opportunity to present their proposal to the HRAB. This comes as a result of the Board of Supervisors suggestion that the applicant receive input from the HRAB. Members who were contacted indicated a willingness to met on the 19th. This will be the only item of business for the meeting. Board members may have some feed back for the applicant, although no formal action is required. The staff recommendation is that the HRAB postpone any formal action or recommendation to the Board of Supervisors until they conduct a study of the battlefield. The HRAB needs to be able to justify any recommendation with specifics in terms of documentation of location(s) and events. Please let me know if you are unable to attend. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 LAW OFFICES HAZEL, THOMAS, FISKE, BECKHORN be MANES A PROFESSIONAL CORPORATION WASHINGTON OFFICE 1575 EYE STREET, N. W. SUITE 600 WASHINGTON, D. C. 20005 (202) 898-0010 LEESBURG OFFICE 116-G EDWARDS FERRY ROAD, N. E. P. O. BOX 87 LEESBURG, VIRGINIA 22075 (703) 7 77-67 77 FAIRFAX OFFICE ALEXANDRIA OFFICE 3110 FAIRVIEW PARK DRIVE, SUITE 1400 510 KING STREET, SUITE 200 P. 0. BOX 820 P.O. BOX 12001 ALEXANDRIA, VIRGINIA 22313 FALLS CHURCH, VIRGINIA 22042 (703) 836-8400 (703) 641-4200 RICHMOND OFFICE TELECOPIER (703) 641-4340 411 EAST FRANKLIN STREET, SUITE 600 December 4, 1989 Mr. Kris Tierney Deputy Director of Planning Frederick County P. O. Box 601 Winchester, Virginia 22601 Dear Kris: P. O. BOX 3-K RICHMOND, VIRGINIA 23206 }1--(`8042 344-3400--- As 4-3400--- As you know, I have spoken with David Holliday of Top of Virginia Development Corporation about an appearance before the Frederick County Historic Resources Advisory Board. We believe that it would be valuable to all parties to meet with that Board at its December 19th meeting, and so we would ask that you schedule time for us on its agenda. We will prepare an exhibit of the Caleb Heights project for the Board to review in advance, and would ask generally for a discussion of the project and historic preservation issues. Our purpose, of course, is to satisfy the Board of Supervisors' request that we consult with the HRAB, to obtain suggestions and comments from it, and ultimately to receive a recommendation which can be considered by the Planning Commission and the Board. I understand you will consult with the Chairman of your Board to determine if it will adhere to its previous schedule, or whether the Christmas holidays will catch us all. Sincerely yours, HAZEL, THOMAS, FISKE, BECKIORN & HANES, P.C. niH. Foote cc: Dave Holliday Chuck Maddox Sara Howard -O'Brien JHF2:topva.023 NATURAL Special Edition 1989 r A // RESOURCES Newsletter Office of the Secretaryof Natural Resources FOCUS ON DEPARTMENT OF HISTORIC by Hugh C. Miller, Director RESOURCE MANAGEMENT IS KNOWING WHAT THERE: IS TO MANAGE FIRST n the management of any re- source—human, natural or his- toric— the first task is to define its characteristics and limitations. ' When designating prehistoric and his- toric resources, a well -structured pro- cess defines archaeological, historic, and architectural significance. The first step of the process begins with designation, or the "what, why and where." When a .site is registered, a public record in the form of a designation states "what" significant hap- pened there, and "what" significant physical features exist. The designation 'de- scribes significance in terms that relate historic events, - people or continuing activities, to a physical place. This place, or "where", must be de- scribed in sufficient detail to locate the resource on the ground and to describe its lo- cation in a broader context such as an urban neighbor- hood, landscapes or rural his- toric districts. The designation process is similar whether a nomination for a local historic listing, the Virginia Landmarks Register, the National Register of His- toric Places or as a National Historic Landmark. For entry in the Virginia' Landmarks Register, designation is made by the Board,of Historic Re- sources after it has reviewed the nomi- nation form and reports and heard comments from those concerned. toric Places 'or even as a National His- toric Landmark does not mean that the resource, must be preserved. It means that the values of the resource should be considered in all future actions. At this point the "how" questions are ad- dressed in the resource management process. It is important that the options for"how" to preserve are not consid- RESOURSES DESIGNATION IS A PUBLIC PROCESS The'official designation as a Virginia Landmark gives all parties an opportu- nity to comment on the historic values of an area along with other planning considerations and community needs for the approvals of land use change. It also provides an opportunity to consid- er all the preservation options including modifying the threatening action, or mit-_ igating the effects of the new uses. An important fact to remem- ber is that Virginia and federal designation is not the taking of property or of rights—there are no restrictions on the property owners' rights to sell,.alter, de- velop or destroy their property. The designation does require the review of state and federal construction projects or pro- grams that will have direct im- pact on the resource values as listed in the Register. These projects and programs are re- viewed by the Department of Historic Resources. Reviewers consider (1) the . extent of the impact on the re- source, (2) prudent alterations if . there is a significant impact and (3) the methods for mitigation if there are no feasible a tbrnatives and if removal or demolition is the appropriate action. Local officials are asked to consider the historic resource as defined in the -designation, and are responsible for land use approvals; changes in zoning, enforcement of zoning, building and demolition permits. Similarly, locali- ties—NOT the Virginia Department of Historic Resources or the federal gov- ernment— govern the use or change, including demolition, of the -designated historic property by private individuals, cooperatives or organizations. The Petersburg National Battlefield Park is listed on both the Virginia Lankmarks Register and the National Register of Historic Places_ Designation of important resources such as this must precede meaningful planning for their protection. PRESERVATION AND MANAGEMENT STRATEGIES FOLLOW DESIGNATION Listing on the Virginia Landmarks Register, the National Register of His- ered before the "what, where and why" is defined in the official designation. There are many preservation on - tions depending on the characteristics and limitations of the historic resource: 'incentives in the form of tax deduc- tions, tax credits, and loans and grants. Discussing preservation options be- fore official designation is made or its values are fully understood is prema- ture—one must understand the signifi- cance of the resource before deciding what management tool is appropriate. Otherwise, no decisions, short-sighted decisions or omissions of important public interests can result.