Planning Commission

PLANNING COMMISSION MINUTES October 28, 2020 City of Fredericksburg 7:30 p.m. Community Planning & Building ELECTRONIC MEETING / COUNCIL CHAMBERS, CITY HALL You may view and listen to the meeting in its entirety by going to the Planning Commission page on the City’s website: https://amsva.wistia.com/medias/b9834vuw3d The Agenda, Staff Report, Applications and Supporting Documents are also available on the Planning Commission page. MEMBERS CITY STAFF Rene Rodriguez, Chairman (live) Chuck Johnston, Ping & Bldg Dept Director (live) Steve Slominski, Vice-Chairman (electronic) Mike Craig, Senior Planner (live) David Durham (electronic) James Newman, Zoning Administrator (live) Kenneth Gantt (live) Cathy Eckles, Administrative Assistant (live) Chris Hornung (live) Tom O’Toole (electronic) Jim Pates (electronic) 1. CALL TO ORDER This meeting was held live and electronically by ‘Go to Meeting’ application, pursuant to City Council Ord. 20-05, An Ordinance to Address Continuity of City Government during the Pendency of a Pandemic Disaster. Members of the public were invited to attend in person with social distancing practices and masks required or access this meeting by public access television Cox Channel 84, Verizon Channel 42, online at www.regionaiwebtv.com/fredcc, or Facebook live at www.facebook.com/FXBGgov. Chairman Rodriguez called the meeting to order at 7:30 p.m. and explained electronic meeting procedures. 2. PLEDGE OF ALLEGIANCE 3. DETERMINATION OF A QUORUM All members were present. 4. APPROVAL OF AGENDA Mr. Hornung moved for approval of the agenda as submitted. Mr. Gantt seconded. Motion passed 7-0. 5. APPROVAL OF MINUTES A. September 16, 2020 Mr. Hornung motioned to approve the minutes. Mr. Gantt seconded. Motion passed 7-0. 6. DECLARATION OF CONFLICT OF INTEREST None. 1 7. PUBLIC HEARING A. Brompton Community School LLC requests a Special Use Permit to permit an Elementary School at 123 Lee Drive/GPIN 7778-76-8624. This property is the historic Braehead Manor. It is located adjacent to Fredericksburg and Spotsylvania National Military Park property. It is approximately 2,500 feet south of the intersection of Lee Drive and Lafayette Boulevard and approximately 650 feet west of the terminus of Central Road. The property is zoned R2, which requires the approval of a Special Use Permit for an Elementary School. The Comprehensive Plan designates this area as ‘Preservation’, which has no recommended maximum nonresidential floor-area-ratio Mr. Newman reviewed the staff report with a power point presentation (Att. 1) and noted that a vote on this matter would be taken at the November 18, 2020 Planning Commission meeting. Applicant Amber Dawson was present electronically. Two public comments were received and read into the record from Jacqueline Phillips and Rebecca Ru bin. (Att. 2 and 3, respectively). Mr. Hornung questioned the lack of details on this project, why no General Development Plan (GDP) was with the project, why there were no specific use conditions, what details are governed by the easement, and what are the details on the outdoor education aspect of the project? Mr. Newman said staff has not developed a recommendation or conditions for this application, pending the resolution of some outstanding issues. He stated that the Virginia Department of Historic Resources (VDHR) has an easement governing the property (Att. 4), which will be provided to the Commissioners. Mr. Craig further discussed the easement’s specific restrictions in the easement and how that controls the property. Mr. Durham asked about the Fire Code changes required that will need to be approved by VDHR and the likelihood these will be identified and approved prior to the next Commission meeting on November 18, 2020. Mr. Craig noted that the driveway area affected by Fire Code site improvements is governed by the National Park Service (NPS) not VDHR. The City Fire Department, NPS, the applicant, and the City have met and identified the necessary changes regarding the driveway widening and the water accessibility. Mr. Craig said that applicant has also met with the City Building Official to identify any necessary interior changes but nothing significant was identified. Mr. Craig further noted that VDHR has 30 days to review and respond to any requests of applicant, so the changes may or may not be addressed by the November 18, 2020 Commission meeting. Mr. Durham stated that although the final say is with the Council, he is hesitant to approve this application without all questions being resolved even though the applicant is required to be in compliance with VDHR. Mr. Craig suggested that prior to the next meeting the staff will identify the type and nature of any changes to the building necessary to permit the change in occupancy. Mr. Pates questioned if the property would still be used as a residence. The applicant said no. Mr. Pates asked why there were no conditions or recommendations in the staff report. Mr. Craig noted that staff has not formulated a recommendation at this time and that Commissioners discuss recommended conditions. Mr. Craig said one condition that will definitely be required will be that access to the property will be limited to Central Road with the Lee Drive access to be used for emergency vehicles and people with disabilities. Mr. Pates stated three conditions should be that: 1) the property owner remain in compliance with the VDHR easement; 2) the NPS state their approval; and 3) future uses be limited. Mr. Newman read into record a letter from the Superintendent of the Fredericksburg & Spotsylvania National Military Park (NPS) (Att. 5) conditioning that access to the school be via Central Road. Mr. Pates said that although a GDP may not be necessary for this project, the elements required are relevant. Mr. Slominski questioned if any changes are being planned for the 490 Central Road portion of the project and access area, whether the surrounding businesses are aware of this application, and how much consideration has been given to the increased traffic through an industrial area. Mr. Craig noted that applicant has noted that if expansion did occur, that would be the preferred location however schools are not a by-right use in the General 2 Industrial, 12, Zoning District. Mr. Craig noted that although this would increase traffic in the area, the roads are wide with good turning radii built to move vehicles. Mr. Gantt questioned if the staff and student numbers are a gradual build and the numbers in the application are the end total, and what long-term expansion is being considered. Mr. Newman deferred these questions to applicant. Chairman Rodriguez asked if the staff historic preservation planner, Kate Schwartz, had been consulted. Mr. Newman noted she has, but has no authority overthe project as it is not in the City’s Historic District. Chairman Rodriguez asked who covers the cost of the hydrant. Mr. Craig said the applicant. Chairman Rodriguez asked what a typical structure requirement would be in square footage per students. Mr. Craig said he did not know but would research that. Mr. Durham also questioned the occupancy allowance for a 3,776 square foot school and would the occupancy all be in the existing Braehead Manor. Mr. Craig noted that staff will research, but that applicant has been working with the Building Official to be sure they can occupy the structure in compliance with the Building Code. Applicant Amber Dawson responded to some of the issues raised. Ms. Dawson noted that the total occupancy will be no more than 116 and there is a total of 6,000 plus square feet total above and below grade. Ms. Dawson said there will be no structural changes; perthe VDHR easement, all inside renovations must be reversible; and according to fire and building codes, no major changes are required besides the addition of a hydrant. Ms. Dawson discussed the nature-based element wherein students will be outside 60% and inside 40% year round; however, the curriculum is a traditional one. As to expansion, Ms. Dawson said that there first choice would be to add a building on the nine acre parcel attached to the parking lot on 490 Central Road, but she understands that would require a rezoning as a school is not allowed in the 12 zoning district. No public speakers were present. Chairman Rodriguez noted that the public hearing would remain open until November 18, 2020 for further time to receive public comments, with the vote planned for that session. Mr. Hornung requested that staff provide a listing of government regulatory offices that oversee private schools. 8. GENERAL PUBLIC COMMENT None. 9. OTHER BUSINESS A. Planning Commissioner Comments Mr. Gantt thanked the City Council for his reappointment and spoke regarding his service on the Commission and other committees, most especially the need for diversity in City government. Mr. Slominski spoke regarding the end of his tenure on the Commission and his enjoyment in being on the Commission. B. Discussion of 2020 Housing Affordability Study and Action Plan Mr. Johnston discussed the current study. As it did not sufficiently identify the need in the City and the definition of affordable housing is not clear, City staff are working with the George Washington Regional Committee (GWRC). This matter would possibly be presented at a joint Council and Planning Commission Work Session on December 2, 2020, if the revised study is received in time. Mr. Durham asked what the expectation is for the revision. Mr. Johnston said hopefully two-three weeks. Mr. Gantt questioned the deficiencies. Mr. Johnston said there needs to be more specific goals and more of an action plan with doable tasks. 3  C. Review the establishment of additional types retail uses will be continued to the November 18 Commission meeting for discussion in conjunction with the introduction of proposed Neighborhood Commercial Residential Zoning District. Mr. Craig discussed retail uses and form-based code in the development of the Neighborhood Commercial Residential districts. Mr. Gantt noted Chapter 17 of the Zoning Law for the Virginia Zoning Official1 handbook is very prescriptive and asked if the goal is to make the City Code more prescriptive. Mr. Craig said the goal is to present a preliminary use table for a new zoning district. Discussion ensued regarding specific retail uses and interpretation of same. Mr. Hornung agreed with this approach but is still concerned not having options to accept a special use permit while still limiting uses. Further discussion ensued regarding the use classifications and standards, the differentiation between the uses; the potential for issues, and that use classifications must be based on legitimate land use considerations and not illegitimate or personal reasons. D. Comments to City Council on amendments to City Code Section 10-333, Planning Commission membership and officers: Mr. Johnston discussed proposed amendments to City Code Section 10-333 to adjust appointment procedures and membership qualifications (requiring at least four members to own property in the City instead of all members to own property in the City, as currently specified). Mr. Durham noted his approval of the proposed changes and feels it will make for a better, more diverse Commission. Mr. Pates questioned why and how these issues arose. Mr. Johnston noted that several Commission applications came in wherein the applicants were not City property owners and this was then discussed among staff while reviewing State Code. The issue was then discussed with the City Attorney who presented options for change. Mr. Johnston said that staff was not making a recommendation, simply pointing out State Code. Mr. Pates said he strongly disagrees with changing City Code with regard to the composition of the Commission being property owners but does agree that three of the seven current Commissioners terms expiring at the same time doesn’t allow for good continuity in land business. Discussion ensued regarding the value of property owners and renters as Commission members, and that effect on their mindset and knowledge of the City. Discussion then ensued the proposed staggering of terms, how soon this can be done, and retroactively staggering the terms of the Commissioners just reappointed. Mr. Johnston said that the Commissioners can make the recommendations they wish to Council. Mr. Durham motioned to recommend approval of the proposed City Code Section 10-333 amendments regarding appointment procedures and membership qualifications. Mr. Hornung seconded. Discussion ensued with Commission members expressing a preference for the language in the amendment to be applied by the Council retroactively, to change the terms of the recent appointments. Mr. Johnston said he would have to defer to the City Attorney on that question. Motion passed 6-1 (Pates-no) E. Transmission to City Council of FY20 Annual Land Use Report and FY21 CIP recommendations at a joint Council/Commission Work Session on December 8 Mr. Craig presented with a power point (Att. 6) and discussed staffs priorities for the upcoming fiscal year’s Capital Improvements Plan, along with staffs recommendation that the Commissioner’s form a committee to complete this work. Mr. Durham asked about the trailhead project at the Canal Street Wharf and improvements to the sewer and the impact on the Canal. Mr. Craig said there would be no impacts to the Canal. Mr. Durham also asked about the two-way streets projects but is wondering why Caroline and Princess Anne or William and Amelia 1 Virginia Association Zoning Officials, Greg Kampmer, 2016 4  are not considered. Mr. Craig stated that each road was included in a concept review approved in the Area Plan. The next step is to analyze the proposed changes through an engineering study to be funded in FY2022. The City will then be in a position to implement changes to the road network. Mr. Durham questioned if those stretches will include bicycle lanes when the study is completed. Mr. Craig said in Area 6 there wasn’t enough room to include bicycle lanes within existing street right-of-way, but that the engineering study for Area 7 will identify where they may be deployed. Chairman Rodriguez thought the two-way street study for William and Amelia had already been done. Mr. Craig said the funding has to be restored. Chairman Rodriguez asked what yearthe millwork is identified to be done. Mr. Craig said he will research that and get more clarity from Public Works. Chairman Rodriguez appointed Mr. Gantt and Mr. Durham to a working group committee to focus on the CIP recommendations to City Council. F. Review of Council Remote Participation Policy Mr. Johnston reviewed Council’s amendment of the Continuity of Government ordinance (Ord. 20-05) regarding remote participation policies for in-person meetings during the pandemic. Mr. Johnston stressed that this is totally voluntary, not a requirement, and not obligatory but simply an option that if any Board or Commission wishes to resume having regular meetings wherein a majority of the members are present in person, other members shall have the option to attend virtually multiple times, without limits, during the course of the pandemic. Mr. Johnston said if the Commission decides to resume in-person meetings with a quorum in the Chambers, a resolution shall be passed for that meeting stating that members can continue to attend virtually without limits. G. Transmission of Procedures Manual Updates Mr. Johnston stated this was simply getting the Procedures Manual updates to Commissioners based on changes to the Code. H. Planning Director Comments 1. Council actions Mr. Johnston reviewed that Council appointed Mr. Lynch as the successor to Mr. Slominski. 2. Anticipated projects Mr. Johnston reviewed some of the anticipated projects for the November 18, 2020 Commission meeting; namely, (I) a Special Use and a Special Exception from Royal Farms for the Alum Spring Road intersection; (ii) amendments to the downtown density regarding Area 7; and (iii) amendments to the City Comprehensive Plan for Area 2. Mr. Durham asked if any alternatives would be recommended by staff allowing access to the proposed Wild River Park besides a parking lot that close to the river. Mr. Johnston said that site visits are being planned for Council members so they can see the environment and circumstances and understand that a parking lot close to the river will not be an issue. 3. December meeting shift from gth to 2. Mr. Johnston discussed the reason for the shift in order to move the November 18, 2020 items forward for a vote on December 2, 2020, in time for the December 8, 2020 Council meeting rather than these items not going forward to Council until January 2021. Chairman Rodriguez questioned the outcome of the Council work session on the Caretaker’s Cottage. Mr. Johnston said that the Washington Heritage Museum Board stepped forward and expressed an interest in helping determine the fate. There are various scenarios being discussed. 5 10. ELECTION OF OFFICERS Mr. O’Toole nominated Chairman Rodriguez for Chairman, Mr. Durham as Vice Chairman, and Mr. Pates as Secretary. Mr. Gantt seconded. Motion passed 7-0. 11. ADJOURNMENT There being no further items to be discussed, the Planning Commission meeting adjourned at 9:48 p.m. Next meeting is November 18, 2020. Ren odriguez, Chairman 6 FXB3 City of Fredericksburg Brompton Community School LLC: Special Use Permit for a School SUP 2020-06 FXB3 City of Fredericksburg Overview • Issue: Special Use Permit for a School in a Residential-2 Zoning District. • Historic Braehead Manor • School: A public or private school offering general, technical, or alternative instruction at the elementary, middle, and/or high school levels that operates in buildings or structures or on premises on land leased or owned by the educational institution for administrative purposes. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only), laboratories, auditoriums, libraries, cafeterias, before and after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution. • Issues with fire and building codes, property subject to an easement • Recommendation: Deferral of vote to Nov. 18, 2020  C, D .0 0 . C-) G) -D 0) LL 4- 0 >. 4-, () C) > C) C) -j rn (N C 0 I U 0 -J 0 n O) 0 w CD CD -3 CD c) 0 CD CD C) C,) 0 C -‘ (0 0) U, C/)I > > a) 01 u-I C a) CD i -D C CD I 4J -‘ a) U, > CD (-) ‘4- - _Q CD a) a) .± 00 ° I. Lfl - 00 CI) CD CI) C CD - C . — 0 D -Q E I- C a) C r4 CD CE C -o C CD 0 (00 — - a) C t > a) o I. E 0 a) C CD - U U, 0 C D CD U, a) a) I’ U, 4-J (1) U C CD CD .0G) CI) -C 00 CD >1-’ -Q LCI) — . . . . .  • • • • (1 C - -‘ — o CD = CD —‘ Di -‘ CD o 0 I — D CD oo fl Di Q 3 D) Di CD (‘I C D 0 Di —. I (I Di — (I) 0 2 Di - Di 0 0 0 C) 0 -1, - CD 0 CD C) ci) 0 C -‘ (0  City of Fredericksburg Requirements • R2 Zoning allows for ‘selected uses compatible with low-density residential’ neighborhoods. • 2015 Comprehensive Plan calls for ‘active use’ as a key tool in preserving historic structures. • Meets goals of the Comp. Plan for historic preservation and providing education opportunities • Appropriate transitional use between the Nat’l Park and the Industrial Park. flfI33 City of Fredericksburg Impacts • 50 parking spaces provided for property at their Central Road parking lot • Central Road to be access point. Access from Lee Drive for emergency services and disabled persons only. • Water availability and fire dept. vehicle access may require changes to site • Structure must be modified to meet building and fire code requirements • Modifications must be approved by VDHR f)I3Ø City of Fredericksburg Conclusion • R2 Zoning District • Historic Property next to Nat’l Park • Previous approvals for Bed & Breakfast, Events Center • School K-8t1’ grade • 116 students and staff • 2 public comments: both in favor  UI 33 CD n 0 II — -o C— 0GQ 30 (D3 0 1 0 •;;. — CD C) 7c. C,) 0•  ATf.2 Jacqueline S. Phillips 622 Wolfe Street Fredericksburg, VA 22401 (540) 455-4784 jackie. s.phillips@gmail.com October 21, 2020 Dear Chairman & Members of the Commission, I am writing you today to ask for your support of the Special Use Permit for Brompton Community School LLC at 123 Lee Drive/GPIN 7778-76-8624. I am a parent of a three-year-old and a five-year-old and we live on Wolfe Street in the City of Fredericksburg. My husband and I have lived in the City of Fredericksburg for almost 10 years. We recently heard about the Brompton Community School and believe that this school will provide an incredible option for parents that live in City of Fredericksburg. This Special Use Permit will further preserve the property through sustainable beneficial business use. Additionally, this special use permit will allow the youth of the community to benefit from the history of the property and provide a unique and unparalleled learning experience. Again, I hope you will support the Special Use for Brompton Community School. Thank you for considering my views. Sincerely, 4. 9QA Jacqueline S. Phillips  ATI’. 3 Rebecca Rubin 724 Lee Avenue Fredericksburg, VA 22401 This is a letter of strong support for the Brompton Community School. Not only is it a great reuse of the existing Braehead Manor, it is also a much-needed asset to our community. At this point, Fredericksburg has zero nature-based schools and zero outdoor school programs. Brompton would change all of that and would be a huge draw for families seeking outdoor education which number, already - substantial, is growing in the time of COVID. Knowing that their children could attend an outdoor school might entice some families to move to this region. It would also help change Fredericksburg’s profile, which at the moment does not have any school that is able to educate children on the criticality of nature and habitat in an era of climate change. In short, this is an incredibly rare and valuable opportunity for our region and one that my family and I believe should be wholeheartedly endorsed by city council. 2S2O2O ZONNGAOMTTOIR  ‘‘‘‘ . /.‘ ATf. 4 This document was prepared by Department of Historic Resources 2801 Kensington Avenue Richmond, VA 23221 The preparer is unaware of eiy fiUe insurance retied on tht prnptrr’, Itcrcui coiwecd TAX MAP NO. OR PIN: A10-123 Exempted from recordation taxcs under thc Code of Virginia (1950). as amended, sections 58.1-81 I(A)(3) and 58.1-811(D) and from Circuit Court Clcrk’s Fees under section 17.1-266 DEE!) OF GIFT OF EASEMENT BRAEI LEAD CITY OF FRE[)lRLCKSB1JRG DEER file uwuber: 111-0306 THIS DEED OF GII’TOFEASEMENTniade this .2 day of by WISLEY CRAHAM STEPHENS, and his heirs, successors, and assigns, (“Grantor”), whose address is 123 Lee Drive, Fredericksburg, Virginia of VTRGINLA, BOARI) OF HESTORIC RESOURCES,dress is Department of Historic Resources, 2801 Kensington Avenue. Richmond. Virginia 23221 (“Grantee”), WITNESSETH: WHEREAS, Chapter 22. TiUe 10.1 of the Code of Virginia of 1950, as amended, entitled “Historic Resources,” was enacted to support the preservation and protection of the Commonwealth of Virginia’s significant historic, architectural, archaeological, and cultural resources, and charges the Board of Historic Resources to designate as historic landmarks to be listed in the Virginia Landmarks Register such buildings, structures, districts, and sites which it determines to have local, statewide, or national significance, and to receive properties and easements in gross or other interests in properties for the purpose of, among other things, the preservation and protection of such designated landmarks; and ‘WHEREAS, Chapter 17, Title 10.1 of the Code of Virginia of 1950, as amended, entitled “Open-Space Land Act,” was enacted to preserve open-space lands for historic or scenic purposes, and authorizes any public body to receive easements in gross or other interests in properties for the purpose of preserving such historic or scenic open-space lands; and WHEREAS, Article Xl of the 1971 Constitution of the Commonwealth of Virginia declares the preservation of historic properties and sites to be a goal and obligation of State government, arid Section 1 “Natural resources and historical sites of the Commonwealth,” provides that “LIlt shall be the policy oIthe Commonwealth to conserve, develop, and utilic its natural Page I  resources, its public lands and its historic sites and buildings, Further, it shall be the Commonwealth’s policy to protect its atmosphere. lands, and waters from pollution, impairment or destruction. for the benefit, enjoyment and general welfare of the people of the Commonwealth”: and WHEREAS, the Grantor is the owner in fee simple of a property known as Braehead, consisting of a tract of land containing 18.846 acres, more or less, as more particularly described on “Atiachment A” attached hereto, which land is in the City of Fredericksburg, Virginia and which together with its surrounding acreage has historic, scenic, and open space value, and is listed on the Virginia Landmarks Register and the National Register of Historic Places; and WHEREAS, both the Grantor and the Grantee desire to ensure the preservation of Braehead and the protection of the historic and architectural features that led it to he placed on such Registers; and WHEREAS, Braehead was originally built for dairy farmer John Howison in 1858 on the brow ofahilL overlooking the Rappahannock River; and WHEREAS. Brachead remains within the ownership of the I lowison camily lineage; and WHEREAS, Braehead is located within the established boundaries of the Fredericksburg and Spotsylvania National Military Park in the City of Fredericksburg; and WHEREAS, Brachead was well known landmark during the I 862, 1863, and I l64 Civil War Battles of Fredericksburg; and WHEREAS, Bruehead is situated three-fifths of a mile south of I Lazel Run and on the eastern slope of the heights stretching south from Lee’s Hill; and WHEREAS, during the 1862 Civil War Battle of Ercdericksburg, General Robert H. Lee had his headquarters on the l3rachead property at a point now called Lee’s liii! located northwest of the house and breakfasted at Braehead before the battle began; and WHEREAS, the Brachcad property was occupied by members of Confederate General bA. Perry’s brigade during the June 1863 Civil War Battle of Fredericksburg during which rifle pits were dug near the Braehead house and along the railroad below; and WHEREAS, in May 1864 the Union Army took coEnrol of Br-dehead, utilizing the house as a hospital for Union soldiers; and WHEREAS, Braeliead is the only nineteenth-century house surviving at the Southern portion of the Fredericksburg l3attlcticld; and Page 2  WHEREAS, the City of Fredericksburg Comprehensive Plan, adopted in 1999, refers to Brachead in Chapter 3 as a “historic residential building” worthy of historic designation and preservation not only for its intrinsic value but also for its contribution toward maintaining the City of Fredericksburg’s historic character and appeaL as a tourist destination; and WHEREAS, the City of Fredericksburg Comprehensive Plan, adopted in 1999, lists in Chapter 9 among its goals for the Historic and Cultural environment the evaluation of “proposed development adjacent to historic and environmentally sensitive areas, such as the Fredericksburg Spotsylvania National Military Park, to ensure the setting and visitor atmosphere arc not compromised or impaired” and also lists consideration of “the vicwshcds and historic vistas of battlefield lines-of-sight when evaluating development or redevelopment in areas of the City that are visible front Lee Hill, Willis I lill, and Chatham;” and WHEREAS, the City of Fredericksburg Planning Commission’s Recommended Draft of the Fredericksburg Comprehensive Plan, dated August 14, 2007, lists in Chapter 12 as one of its goals for Historic Preservation “to recognize, protect, and interpret significant architectural, historical, and archeological resources that are part of the community’s heritage” and further lists among its goals the “promotion of historic and conservation easements;” and WHEREAS, Grantor and the Grantee desire to protect in perpetuity the “Historic Preservation and Open Space Values” herein specified: and WHEREAS, the Grantor and the Grantee intend to accomplish SUCh protection by restricting the use of the Property as hereinafter set forth; and WHEREAS, the Grantee has determined that. the restrictions hereinafter set forth (the “Restrictions”) will preserve and protect in perpetuity the “Historic Preservation and Open Space Values” of the Property, which values are reflected herein and in the Grantee’s evaluation of the Property, and the documentation of the condition of the Property is contained in its respective files and records; and WHEREAS, the conservation purpose of this easement is to preserve and protect in perpetuity the Historic Preservation and Open Space Values of the Property; and WHEREAS, the Grantee has determined that the Restrictions will limit the uses of the Properly to those uses consistent with, and not adversely affecting, the Historic Preservation and Open Space Values of the Property and the other governmental conservation policies furthered by Ibis easement; and WHEREAS, this easement is intended to constitute (I) a “qualified conservation contribution” as that term is defined in *170(h)(l) of the Internal Revenue Code (rc1rences to the Internal Revenue Code in this Kasement shall be to the United States Internal Revenue Code of 1986, as amended, or the corresponding provisions of any subsequent Federal tax Laws, and Page 3 the applicable regulations and rulings issued thereunder) (thc “IRC), and (ii) a qualifying “interest in land” under thc Virginia Land Conservation Incentives Act of 1999 (5.l-5lO el seq. of the Code of Virginia (1950), as amended); and WHEREAS, this casement is intended to constitute “a restriction (granted in perpetuity) on the use which may be made of real property”, which is “a qualified real property interest” under IRC § I 70(h)(2)(c); and WHEREAS. Grantee is a “qualilied organization” as defined in IRC §170(h)(3) and Grantee is a qualified public body under the Open Space Act, as an agency of the Commonwealth of Virginia authorized under Chapter 22, Title 10.1 of the Code of Virginia of 1950, as amended, to receive properties and casements in gross or other interests in properties for the purpose o1 among other things, the preservation and protection of such designated landmarks; and Grantee, as an agency of the Commonwealth of Virginia, has the resources to enforce the restrictions in this easement; and WHEREAS, this easement is granted “exclusively for conservation purposes” under IRC §170(h)(l)(C) because it cflccts “the preservation of certain open space.” The preservation of open space on the Property as provided in this easement (i) is pursuant to certain clearly delineated State and local governmental conservation policies referred to in the preceding WHEREAS clauses that indicate the type of property identified by Grantee as worthy of preservation and (ii) will yield a significant public benefit, in that among other things it will: (1) protect the Property from inappropriate development, which foreseeable trends in the vicinity of the Property indicate is increasing and which could contribute to the degradation of the scenic and natural character of the area; (2) prevent the excessive development, soil disturbance, and pollution on the Property, thus enhancing water quality in the Chesapeake Bay (3) is Consistent with existing conservation and historic preservation programs in the area and augments open- space easements held by the Grantee on othcr historic registered landmarks in the Fredericksburg and Northern Virginia region, which also helps to (a) preserve the scenic local and regional landscape in general and the historic landmarks therein, (b) attract tourism and commerce to the area, and (c) enhance the quality of life for area residents and visitors; and NOW THEREFORE, in recognition of the foregoing, the Grantor does hereby grant and convey to the Grantee an easement in gross and right in perpctuity to restrict as herein provided the use of the property described in “Attachment A” attached hereto (“Easement Property”); AND SUBJECT, HOWEVER, to the restriction that the Grantee may not transfer or convey the easement herein conveyed to the Grantee unless the Grantee conditions such transfer or conveyance on the requirement that (1) all restrictions, limitations, and conservation purposes set forth in the conveyance of the Easement Property accomplished by this deed arc to be continued in perpctuily, and (2) the transferee is an organization then qualifying as an eligible donec as defined by section 170(h)(3) of the Internal Revenue Code ol’ 1986, as amended, and the applicable Treasury Regulations promulgated there under. Paite 4 The restrictions hereby imposed on the use of the Easement Property arc in accord with the policy of thc Commonwealth of Virginia, as set forth in Chapters 22 and 17 of Title 10.1 of the Code of Virginia of 1950, as amended, to preserve the Commonwealth’s designated historic landmarks, and to preserve historic and scenic open-space lands in the Commonwealth. The acts which the Grantor covenants to do and not to do upon the Easement Property, and the restrictions which the Grantee is hereby entitled to enforce, shall be as Thilows: 1. DOCUMENTATION: The parties agree that the photographs of the Easement Property taken by Wendy Musurneci of the Virginia Department of historic Resources on August 23, 2007 (Virginia Department of Historic Resources negative number 23630) accurately document the appearance and condition of the Easement Property as of the date of this Easement. The negatives of the photographs shall be stored pennanently in the archives of the Virginia Department of Historic Resources, which is located at 2801 Kensington Avenue, Richmond. Virginia. or its successors. I lerealler, the Easement Property shall be maintained, preserved, and protected in its documented state as nearly as practicable, except for changes that are expressly pemiitted hereunder. Such documentation is designed to protect the conservation interests associated with the Property. The parties agree that the documentation supphicd and contained in the files of the Grantee is an accurate representation of the Property. 2. PERMITTED BULLDINGS AND STRUCTURES: No building or structure shall he built or maintained on the Easement Property other than (1) the manor house (ii) the existing twentieth century woodshed (iii) the historic stone ice house and chimney ruins (iv) a stable or related farm building or structure (v) other buildings or structures whose size, design, and location are consistent with the historic character and setting of the Property (vi) reconstructions of historic outbuildings or structures which are documented through professional historical or archaeological investigation to have been located on the Easement Property, which shall be consistent with and evaluated according to the Secretary of the Interior’s Standards for the Treatment of Historic Properties, specifically, the Standards for Reconstruction. 3. ALTERATIONS AND NEW CONSTRUCTiON: The manor house shall not be demolished or removed from the Easement Property, nor shall it be materially altered, restored, renovated, or extended, except in a way that would, in the opinion of the Grantee, be consistent with the applicabic Secretary of the interior’s Standards for the Treatment of Historic Properties, and provided that the prior written approval of the Grantee to such actions shall have been obtained. No other building or structure shall be constructed, altered, restored, renovated, extended, or demolished except in a way that would, in the opinion of the Grantee. be in keeping with the historic, architectural, and scenic character of the Easement Property, and provided that the prior written approval of the (3ranteeto such actions shall have been obtained. The location, size, and dcsig of any new building or structure is expressly made subject to the prior written approval of the Grantee. Patte 5  4. DESTRUCTION: In the event that the manor house or any other building or structure named in Paragraph 2 above is desiroycd or damaged by causes beyond the Grantor’ reasonabic control including fire, flood, storm, earth movement, or other acts of God, to such an extent that in the opinion of the Grantee the building’s historic integrity is irremediably compromised. nothing herein shall obligate the Grantor to reconstruct the building or rcturn it to its condition prior to such calamity. 5. MASONRY: No cleaning, repoinhing, waterproofing, or painting of the exterior masonry of the manor house shall be undertaken unless the prior written approval of the Grantee shall have been obtained. 6. INTERIORS: The character-defining historic interior architectural elements of the manor house, including windows, window frames, doors, door frames, stairs, staircases, mantles, baseboards, cornices. arehitravc molding, pocket doors, floorboards, and hardware shall not he altered or removed from the Easement Property without the prior written approval of the Grantee. The historic faux graining on interior woodwork, including window surrounds, architrave molding. and staircases, shall not be removed or painted over. The Grantor shall exercise care to preserve this historic decorative treatment arid to protect it from damage. 7. ARCHAEOLOGY: Archacologically significant deposits, sites, or features on the Easement Property shall not be intentionally disturbed or excavatcd except by or under the supervision of a professionally qualified archaeologist and provided plans for such archaeological activity have been submitted to, and approved by the Grantee prior to any ground-disturbing activities. Artifacts and objects of antiquity professionally excavated from archaeological deposits, sites, or features on the Easement Property shall be treated and preserved according to the Department oCilistoric Resources State Curation Standards (March 24, 1998). The Grantor shall take all reasonable precautions to protect archaeological deposits, sites, or 1atures on the Easement Property from looting, vandalism, erosion, mutilation, or destruction from any cause. 8. TRASH: No permanent dump ofjunk. trash, rubbish, or any other unsightly or offensive material shall be permitted on the Easement Property visible from a public right of way or from the manor house. 9. TREES ANT) VEGETATION: Management of trees and vegetation on the Easement Property shall be in accordance with sound arboreal, horticultural, and/or agricultural, practices arid in such a way that IS Consistent with the historic, archeological, open-space, and scenic character of the property and in such a way as to prevent damage to the manor house and its setting, Best Management Practices, as defined by the Virginia Department of Forestry, shall be used to control erosion and protect water quality when any timber harvest or land-clearing activity is undertaken. Management, including removal of timber consistent with established forestry practices may be undertaken on forested lands, as well as to clear fallen trees and branches or to fell dead trees that pose a hazard to the permitted buildings and structures. In the event of a natural disaster or upon the event of’ converting the property f’roin forest cover to Pace 6  open field in order to restore the property to its documented historic tree cover related to the Civil War battlefield, clear cutting shall be permitted with a pre-harvest plan having been first approved by the Grantee. 10. TOPOGRAPHY: Grading and earth removal shall not alter the topographic aspect of the Easement Property, except as required in the construction of permitted buildings, structures, or roads. Generally acccptcd agricultural activities shall not constitute any such alteration. Mining on the Easement Property by surface mining or any other method is prohibited. II. ROADS AND UTILITY LiNES: The location of any new roads or any new utility lines on the Easement Property (except over existing rights of way) shall be subject to the prior written approval of the Grantee. 12. SUBDIVISION: The Easement Property shall not be divided, subdivided, or conveyed in fee other than as a single tract. 13. SIGNS: No sign. billboard, or outdoor advertising structure shall be displayed on the Easement Property without the consent of the Grantee, other than signs not exceeding three square feet for any or all of the following purposes: (i) to state thc name and address of the Easement Property or property owners, (ii) to provide information necessary for the normal conduct of any permitted business or activity on the Easement Property, (iii) to advertise the Easement Property for sale or rental, and (iv) to providc notice necessary for the protection of the Easement Property and for giving directions to visitors. 14. PUBLIC ACCESS: The parties hereby acknowledge that the Easement Property is visible from Lee Drive, which is a public right-of-way and within the boundaries of the Fredericksburg and Spotsylvania National Military Park, and that members of the general public may view the Easement Property from said right-of-way. The Grantor also agrees that photographs of the Easement Property taken by the Grantee for purposes of’ documenting the appearance, condition, and features of the Easement Property, or for other purposes pursuant to this Easement, may be published or otherwise made available to the public at the discretion of the Grantee. The Grantor fbrther agrees that the Easement Property may be opened to the public, which may be the public at large, or in smaller groups, as designated by the Grantee, for one day from 10 AM to 5 PM every year hereafter, provided that the Grantee makes a written request for such opening by no later than February 1 in any such year. The scheduling of the date for such opening shall be by mutual consent. Any such public admission may be subject to restrictions mutually agreed upon as reasonably designed for the protection of the Easement Property. Such admission may also be subject to a reasonable fee payable to the Grantor. The Grantor also agrees that the Easement Property may be opened by appointment with the Grantor, upon reasonable request by Grantee and at a time convenient to Grantor, to a limited number of persons designated by Grantee who are affiliated with an educational organization or a professional architectural association or a historical society. Although this casement in gross will benefit the public in the ways recited above, nothing herein shall he construed to Page 7  convey a right to the public of access to or use of the Easement Property, and the Grantor shall retain exclusive right to such access and use, subject only to this provision and other provisions of this casement. 15. INSPECTIONS: The Grantee and its representatives may enter the Easement Property from time to time. upon reasonable notice to the Grantor. for the sole purpose of inspections and enforcement olthe terms of the casement granted herein. 16. EASEMENT MARkFJ{: The Grantee, in its discrelion, and upon reasonable notice to the Grantor, may erect at a location acceptable to the Grantor, a single marker or sign, not exceeding two feet by two feet, which states the name of the Grantee and advises that the Grantee owns the easement granted herein. 17. ENFORCEMENT: The Grantee has the right to bring an action at law or in equity to enforce the Restrictions contained herein. This right specifically includes the right to require restoration of the Easement Property to a condition of compliance with the terms of this casement as existed on the date of this Deed f Clift of Easement except to the extent such condition thereafter changed in a manner consistent with the restrictions; to recover any damages arising from non-compliance, and to enjoin non-compliance by temporary or permanent injunction. If the court determines that the Grantor failed to comply with this easement, the Grantor shall reimburse the Grantee any reasonable costs of enforcement, including costs of restoration, court costs and reasonable attorncys fees, in addition to any other payments ordered by such court. The Grantee does not waive or forfeit the right to take action as may he necessary to ensure compliance with this easement by any prior failure to act and the Grantor hereby waives any defenses of waiver, estoppels or lachcs with respect to any failure to act by the Grantee. 18. APPROVALS: Whenever a written request for the Grantee’s approval is submitted pursuant hereto and the Grantec fails to respond in writing within 30 days of receipt of such request, then the Grantee shall be deemed to have approved the request, and the Grantor may proceed with the action for which approval was requested. Nothing herein shall be construed, however, to require the Grantee to issue a final decision on such request within such 30-day period, provided that such final decisions are issued in as timely a fashion as is practicable under the circumstances. Such circumstances shall include the complexity of the request or proposed project, the amount of information submitted with the initial request, and the need for on-site inspections or consultations. No approval required hereunder shall he unreasonably withheld by the Grantee, 19. TRANSFER OF TITLE: Prior to any inter vivos transfer of title to the Easement Property, excluding deeds of trust given for the purpose of securing loans, the Grantor shall notify the Grantee in writing. Paste 8 20. UNENFORCEABLE PROVISIONS: The invalidity or unen.forceabiiity of any provision of this casement shall not affect (he validity or enforceability of any other provision of this easement or any ancillary or supplementary agreement relating to the subject matter hereof. 21. EXTINGUISHMENT: The restrictions set forth in the casement can be cxlingLLishcd only by judicial proceeding. In any sale or exchange of the Easement Property subsequent to such extinguishment, the Grantee shall be entitled to a portion of the proceeds at least equal to the proportionate value of the perpetual conservation restriction computed as set forth below, but not to be less than the proportionate value that the perpetual conservation restriction at the time of the e,ctinguishment bears to the then value of the Easement Property as a whole. The Grantor agrees that the donation of the perpewaL conservation restriction in this easement gives rise to a property right, immediately vested in the Grantee, with a fair market value that is at least equal to the proportionate value that the perpetual conservation restriction at the time of the gift bears to the value of the Easement Property as a whole at that time. The Grantee shall use all its share of the proceeds from the sale of the easement Property in a manner consistent with the conservation purposes of this easement, of Virginia Code Section 10.1-2200 i seq., and olthc Open-Space Land Act. No part of the Easement Property may be converted or diverted from preservation or open space uses as herein defined except in accordance with Virginia Code Section 10.1-1704. 22. DEFINITIONS: [n this Deed of Gift of Easement the term “Grantor” shall include Grantor and their successors and assigns, and the term “Grantee” shall include Grantee and its successors and assigns. 23. APPRAISAL: The parties hereto agree and understand that any value of this easement claimed for tax purposes as a charitable gift must be fully and accurately substantiated by an appraisal from a qualified appraiser as defined in IRS regulations (see section 1 .1 70A- 13(c)(5)), and that the appraisal is subject to review, audit and challenge by all appropriate tax authorities. The Board of Historic Resources makes no express or implied warranties that any tax benefits will be available to the Grantor from donation of this easement, or that any such tax benefits might be transferable, or that there will be any market for any tax benefits that might be transferable. The parties hereto intend that the easement conveyed herein shall be a qualified conservation contribution within the meaning of Section 170(h) of the Internal Revenue Code of 1986, as amended, and the restrictions and other provisions of this instrument shall be construed and applied in a manner that will not prevent this easement from being a qualified conservation contribution. By its execution hereof, the Grantee acknowledges and confirms receipt of the Easement and further acknowledges that the Grantee has not provided any goods or services to the Grantor in consideration of the grant of the Easement. Although this easement in gross will benefit the public in the ways recited above, nothing herein shall be construed to convey a right to the public of access to or usc of the Easement Propcrty and the Grantor shall retain exclusive right to such access and use, subject only to the provisions herein Page 9 recited. Acceptance by the I3oard of Historic Resources of this conveyance is authorized by sections 10.1- 2204 and 10.1 -1 70 of the Code of Virginia of 1950, as amcnded. Witness the following signatures and seal: Wesley Graha, SfcPtcns / COMMONWEALTH oVLRCilNIA ) crr f r ic w9 ). to-wit: The foregoing instrument was acknowledged before me this 31’day of crr )i’e I 2007, by Wesley Graham Stephens, the Grantor therein. - fY4JL v}’7- Notary PubIi/ My commission expires: Qc. -1 ôLQ y• 3), 3CO’) Notaiy Pubflc 4 comrnonw.a,m ot VIrlnIa rF IP1OCt3I,2Oj Page 10  _________ __________________________ Accepted: COMMONWEALTH OF VIRGINIA. BOARD of HISTORIC RESOLTRCES By: .— Kathlccn S. Kilpatrick Director, Department of Historic Resources Date: / :? ‘ COMMONWEALTH of VIRGINIA CITY of RICHMOND ), to-wit: 1 1-ic foregoing instrument was acknowledged before me this day of ,2007, by Kathleen S. Kilpatrick, Director, Department of Historic Resources, on behalf of the Board of Historic Resources, the Grantee therein. NotaybIic QZ79ff B My commission expires: Pane 11  ATTACI JM1NT A ALL that certain tractor parcel of land with all buildings and improvements thereon and all rights and privileges thereto appurtenant, situate, lying, and being in the City of Fredericksburg, Virginia, formerly Spotsylvania County, Virginia, containing 18.846 acres, more or less, it being conveyed in gross and not by the acre, and being and lying on the East side of Lee Drive aid bounded on the West by Lee Drive and the lands of the United States of America, on the South by the lands of the United States of America. on the East by other land of the United States of American and lands now or formerly owned by Snead, and on the North by lands now or formerly owned by Mc WhirL: and being all of the remaining portion of the original “Braehead” property containing 585.62 acres which lies on the East side of Lee Drive and the National Military Park. The real estate described herein is conveyed togct1r with all rights that the Grantor has with respect to the National Military Park reserved in that certain deed dated October 15, 1 929 to the United States of America, duly recorded in the Clerk’s Office of the Circuit Court of Spotsylvania County, Virginia. in Deed Book 104, at page 475, or any other rights at any time hcretoibrc obtained by the Grantor or his predecessors in title from the United States Government. The said real estate described herein is further conveyed together with all easements of ingress and egress and any other rights at any time heretofore obtained by the Grantor or his predecessors in title. BEING that same property that was conveyed to Wesley Graham Stephens from Braehead Enterprises LC on l)eccmber 23, 2002 and recorded in the Clerk’s Office of the City of Fredericksburg as Instrument Number 20020003392 AND BEING more particularly described by a plat of survey prepared by Jack Griffin or Gene Watson & Associates, P.C.. Land Surveyors, dated July 31, 2007, and titled ‘Existing Conditions on an 18,846 Acre Parcel of Land Being the Remainder of the ‘Braehead’ Property and Lying on the East Side of Lee Drive in the City of Fredericksburg, Virginia,” to which plat reference is hereby made for a more complete and accurate description of’ said lands. Page 12  ATI’. 5 From: Talken-Soauldinci. Kirsten To: James D. Newman Cc: Charles R, Johnston; Amber Dawson Subject: [EXTERNAL] NPS comments re: Brornpton Community School at Braehead SUP Date: Wednesday, September 16, 2020 5:38:55 PM CORRESPONDENCE TRANSMITTED VIA ELECTRONIC MAIL United States Department of the Interior NATIONAL PARK SERVICE Fredericksburg and Spotsylvania National Military Park 120 Chatham Lane Fredericksburg, VA 22405 iN REPLY REFER TO: 1.A.1 September 16, 2020 James Newman Zoning Administrator City of Fredericksburg 715 Princess Anne Street, Room L6 Fredericksburg, Virginia 22401 jdnewman@fredericksburgva.gov Dear Mr. Newman: We have received a copy of the special use permit application submitted by Ms. Amber Dawson, Director of Brompton Community School, LLC, to allow a use of 123 Lee Drive, also known as Braehead, as a private school for kindergarten through 8th grade. Braehead is an 1859 residence associated with both the First and Second Battles of Fredericksburg. The house is listed on both the National Register of Historic Places and the Virginia Landmarks Register. The 18.88-acre property also lies within the authorized boundary of the Fredericksburg Battlefield unit of Fredericksburg and Spotsylvania National Military Park. The Virginia Department of Historic Resources holds a conservation and preservation easement on Braehead, and we highly recommend consulting with that office concerning the terms of the easement and any restrictions that may affect this project. Based upon the information provided in the application, we believe that the applicant has addressed a number of our concerns. In particular, we support the proposal to use Central Road for all access related to the school, to avoid putting additional traffic onto the park’s Lee Drive. The use of Central Road also will avoid any need for placing intrusive signage onto Lee Drive for the Braehead facility. Accordingly, we request that all communications related to the school facility clearly indicate the Central Road access for all school traffic, in order to further discourage use of Lee Drive as an alternate access, as increased use of the park tour road by non-park related traffic remains an ongoing concern for us. Ms. Dawson also has indicated that no significant changes will be made to the historic building, its fabric, or its grounds. We would request that if any additional changes are proposed that would form a visual intrusion for park visitors on Lee Drive that the park have an opportunity to comment and to work with the applicant on measures to mitigate those changes.  Bicyde Corridor Lccnd: _ nrd Shared Roadways • J,cksonSt,eel 0 4w Popoed Myfidd (,nreto roorl L)on ‘,,k (000eCtO P,o1tosed [tattkscIr1,aiI Old St(,tteW.trcho,te ‘ Existing Ott. SiSset TiIs Pk • Off-Street Trails: 0 Bankside Trail Phase I • Expand Bicycle Boulevards Connect the Bankside Trail to the Heritage Trail • Engineering Study Focus on the areas north of William Street  \ •_\ \ _> \ \ \\ •\\ \ ‘I \ \ \ N’ \ CANAL STREET WHARF PHASE I FXBG - MINOR SITE PLAN OCTOBER 28, 2020 City of Fredericksburg. Virginia ‘S ‘S \ \ •.\ \ A \ \ \ \ \ .c_ N \\ \ \•• \ ‘I’ \ • \ \ A - CANAL STREET WHARF PHASE I FXBG - MINOR SITE PLAN OCTOBER 28, 2020 City of Frodoricksburg Virginia