Loading...
HomeMy Public PortalAboutGateway District Work Session 2Date of Meeting: March 19, 2020 TOWN OF LEESBURG PLANNING COMMISSION WORK SESSION Subject: TLZM-2020-0003 Amendments to the Official Zoning Map and TLOA- 2020-0002 amendments to Article 7 of the Zoning Ordinance to establish the Gateway District (Overlay) Staff Contact: Susan Berry-Hill, Director Brian Boucher, Deputy Director Lauren Murphy, Preservation Planner Debi Parry, Planning and Zoning Analyst Applicant: None - Town Council initiated amendments. Proposal: These Official Zoning Map and Zoning Ordinance text amendments would establish the Gateway District, an overlay district intended to achieve a higher standard of architecture and site design in the main transportation corridors leading to the downtown H-1, Overlay, Old and Historic District. Planning Commission Critical Action Date: June 13, 2020 Recommendation: Staff recommends the Planning Commission consider the Official Zoning Map amendments and the zoning text amendments to be presented at the work session. Initiation Date: These Zoning Ordinance and Official Zoning Map amendments were initiated by Town Council on February 27, 2018. Suggested Motions: None at this time. This meeting is a work session to familiarize the Planning Commission with the proposed amendments. Previous Work Session: On March 5, 2020 a work session was held to introduce the proposed Official Zoning Map amendments to the Planning Commission prior to the scheduled public hearing. The majority of the Commission did not have the benefit of participating in the background discussions that led to these amendments and given the complexity of the subject matter, the March 19, 2020 work session is intended to familiarize the Commission with the ordinance text amendments and to allow questions that can better prepare staff and the Commission for the upcoming public hearing. Staff recommends that the Commission consider whether they have any questions regarding the proposed boundaries of the Gateway District as recommended by the H-2 Work Group and Town Council. Gateway District (Overlay) Planning Commission Work Session Staff Report March 19, 2020 Page 2 of 5 Public Hearing rescheduled for April 16, 2020: The public hearing date for this item was originally scheduled for April 2, 2020. Note that the amendments to the Official Zoning Map will affect over 500 parcels in town, meaning over 500 property owners will be contacted by a letter informing them of the amendments and the public hearing date. Due to the extensive advertising requirement the hearing date has been rescheduled for April 16, 2020. Note also that the informational Open House scheduled for the week of March 23rd will also be rescheduled. Background of the Gateway District: In October, 2016 the Town Council initiated the H-2 Work Group to consider updating or replacing the H-2, Historic Corridor Architectural Control Overlay District. In February, 2018, after receiving the H-2 Work Group’s recommendations, Town Council initiated amendments to the Official Zoning Map and the Zoning Ordinance, including design guidelines, to establish the Gateway District as an overlay district on portions of the following five major corridors into town: 1. West Market Street 2. North King Street 3. South King Street 4. Edwards Ferry Road 5. East Market Street The main purpose of these amendments to the Official Zoning Map and the Zoning Ordinance is to establish the Gateway District with its upgraded requirements as soon as possible to give the Town more ability to demand a higher, more traditional level of architecture in these corridors to better protect these major entryways into Leesburg. Official Zoning Map Amendments – Five Gateway Segments: In Attachment 1, each of these five proposed segments to the Gateway District is shown on its individual map. If adopted, this would expand architectural and/or site design authority in some areas, such as along Edwards Ferry Road, where no architectural review is currently required. Zoning Ordinance Amendments: The Zoning Ordinance amendments are intended to establish the procedures for Gateway District review, such as whether an application will be administrative (reviewed by the Preservation Planner) or require Board of Architectural Review approval. They are also intended to add building and design standards to the Gateway District to give the Town more ability to require, and achieve, a better standard of architectural and site design than can currently be required under the H- 2 Overlay District. These text amendments will be presented to familiarize the Planning Commission with their nature and extant in preparation for the scheduled public hearing. Gateway Design Guidelines: An integral part of the Gateway District will be new and improved design guidelines that will come before the Planning Commission later this year. In the interim, the H-2 Design Guidelines would still be utilized in conjunction with the more prescriptive Gateway District zoning standards. Proposed Amendments for Discussion: The proposed zoning text amendments would establish a new Gateway District. The amendments (contained in full below) would establish the Gateway District as a new and distinct “overlay” district that would apply a Gateway District (Overlay) Planning Commission Work Session Staff Report March 19, 2020 Page 3 of 5 new layer of standards in the geographic area shown on the Segment Maps. The underlying base zoning district uses are not affected. Sections 7.12.1 through 7.12.21 set up how the Gateway District will be implemented – by whom, what type of construction the standards apply, what the application requirements are, who has approval authority in particular cases, appeal process, demolition process, and other information. Section 7.12.22 defines the location of the five segments that together comprise the Gateway District. Finally, Section 7.12.23 contains site design and building design standards that would apply to the Gateway District with a modifications procedure subject to strict criteria an applicant must address to persuade the Board of Architectural Review to grant a modification in a particular case. Frequently Asked Questions: The following questions and answers are provided to better explain the proposed Gateway District. 1. Is the Gateway District intended to replace the old H-2 Overlay District? Answer: Yes, eventually, but it cannot completely replace it when it is enacted. That is because some properties that will fall within the Gateway District are “proffered in” to the old H-2 Overlay District and therefore have a legal right to use the H-2 Overlay District in the future. Likewise, some properties in the Gateway District have proffered to a unique set of design guidelines that they will continue to use. Properties that are not proffered into the H-2 Overlay District or unique guidelines will be subject to the new Gateway District (areas shaded orange on the 5 Segment Maps). In the future, it is hoped that as properties that are proffered redevelop they will proffer into the Gateway District. 2. Will there be Design Guidelines for the Gateway District? Answer: Yes, there will be Design Guidelines tailored specifically for the Gateway District. A draft of these design guidelines is being developed and is expected to be ready for Planning Commission review beginning in the late spring and continuing into the fall of this year. A public hearing will be scheduled in the fall for the design guidelines. 3. Will the current H-2 Design Guidelines be used in conjunction with the Gateway District Zoning Ordinance text amendments until the Gateway Design Guidelines are enacted? Answer: Yes. In the interim, the H-2 Design Guidelines would still be utilized in conjunction with the more prescriptive Gateway District zoning standards. The proposed Zoning Ordinance text amendments add standards to aid the Preservation Planner and BAR when considering applications in the Gateway District that are not currently available in the H-2 Overlay District. Provisions like “Any building constructed in the Gateway District shall be characterized by four- sided architecture” give the implementers an advantage because these are ordinance provisions with more force at law than a guideline. That means if an applicant does not desire to provide four-sided architecture they must ask for a modification and make a case for not complying with this standard that must be approved by the Board of Architectural Review. When the Gateway District Guidelines are approved, they will replace the H-2 Design Guidelines in those Gateway District (Overlay) Planning Commission Work Session Staff Report March 19, 2020 Page 4 of 5 areas of the Gateway District that are not proffered into the old H-2 Design Guidelines. 4. Does the Gateway District expand the old H-2 Overlay District? Answer: Yes, in certain areas. Building and site design review is being added along Edwards Ferry Road (see Segment Map 4) where it has not existed before. There are also additions along East Market Street that spread the reach of architectural and site design review (see Segment Map 5). 5. Are there properties that currently lie within the H-2 Overlay District that will be removed from it and not be placed in the Gateway District? Answer: Yes. Approximately 340 developed single-family detached lots that are situated in the H-2 Overlay District along West Market Street, South King Street, North King Street and East Market Street will be removed from that district and not placed in the new Gateway District. This is because the Gateway District is, for the most part, not intended to apply to existing single-family detached lots (except as described in Question #6 below). 6. Will some existing single-family detached homes be subject to the new Gateway District? Answer: Yes, but only in a limited area of the lots. Along West Market Street, North King Street, South King Street and Edwards Ferry Road a strip 15-feet wide from the public right-of-way will be subject to review for fences and accessory structures along those public roads. 7. What are the major differences between the Gateway District and the H-2 Overlay District? Answer: In the Zoning Ordinance, the major differences are several:  The Gateway District will have performance standards in the zoning text that establishes the district to give the Preservation Planner and the Board of Architectural Review more ability to achieve a higher standard of building and site design. The current H-2 has no such standards.  The Preservation Planner has more authority to approve applications administratively.  All provisions for the Gateway District are located in one article for ease of use by the public and staff.  The Design Guidelines will be more detailed, with illustrations and examples to aid understanding and ease of use by the public  The Gateway District will apply to an area that is larger than the H-2 Overlay District. 8. What is the purpose of the Building and Site Design standards in Sec. 7.12.23? Answer: The proposed Zoning Ordinance text amendments add standards to aid the Preservation Planner and BAR when considering applications in the Gateway District that are not currently available in the H-2 Overlay District. Provisions like “Any building constructed in the Gateway District shall be characterized by four- Gateway District (Overlay) Planning Commission Work Session Staff Report March 19, 2020 Page 5 of 5 sided architecture” and “Leesburg’s historic and aesthetic character shall take precedence over trademark or corporate architecture, which must be balanced by the use of traditional materials, colors, and architectural character features” give the implementers an advantage because these are ordinance provisions with more force at law than a guideline. That means, for example, if an applicant does not desire to provide four-sided architecture they must ask for a modification and make a case for not complying with this standard Draft Ordinance: In Attachment 3 are the proposed draft ordinance amendments presented for discussion purposes. SECTIONS AMENDED BY THIS ORDINANCE REVISION  All of the text below is new and not currently in the Zoning Ordinance. It has not been underlined or highlighted in order to make it easier to read. ________________________________________________________________________ Attachments: 1. Boundaries of Gateway District 2. Resolution No. 2018-028 Gateway District Initiation 3. Draft Zoning Ordinance Language Gateway District - West Market Street = Proposed Gateway District boundary = New zoning overlay area = New streetscape enhancement area = Conservation/open space/common area = Proposed Town gateway sign = Existing historic district or wayfinding sign = Current H-2 Corridor District boundary = Old & Historic District (H-1) = Residential areas $+ #* $+ #* ´ WilliamSt WestMarketStreet LoudounStreetSW WestMarketStreet MosbyDr MorvenParkRdWilsonAvePershingAveFairviewAvePhillipsDr CatoctinCircleSWAyrStreetDryMillRd!( !( Gateway District - North King Street = Proposed Gateway District boundary = New zoning overlay area = New streetscape enhancement area = Conservation/open space/common area = Existing Town gateway sign = Existing historic district or wayfinding sign = Current H-2 Corridor boundary = Old & Historic District (H-1) = Residential areas = Town limits $+ #* $+ #* ´ !( !( B a t tlefieldPkwy UnionSt Oakcrest M a n o rD rD ryH ollow R dIda Lee Park UnionCemetary TuscaroraHigh School Smart's MillMiddleSchool F.H. ReidElementary Bridge t te P lColleenCtS toneledgeP lTudorCtNorthKingStGeorgetownCt Gateway District - South King Street= Proposed Gateway District boundary = New zoning overlay area = New streetscape enhancement area = Conservation/open space/common area = Existing Town gateway sign = Existing historic district or wayfinding sign = Current H-2 Corridor District boundary = Old & Historic District (H-1) = Crescent Design District = Other commercial areas = Residential areas = Town limits = Waterway in floodplain $+ #* $+ #* ´ !( BattlefieldPkwy SouthKingStEvergreenMillsRd Route7 CatoctinCircleDavisAveDryMillRd !( Route15Bypass Gateway District - East Market Street= Proposed Gateway District boundary = New zoning overlay area = Proffered H-2 overlay areas = Other proffered architectural guidelines = New streetscape enhancement area = Conservation/open space/common area = Existing Town gateway sign = Existing wayfinding sign = Current H-2 corridor boundary = Crescent Design District = Other commercial areas = Residential areas = Waterway in floodplain $+ $+ ´ !( !( EastMarketSt BattlefieldPkwyRussellBranchPkwy RiverCreekPkwyPotomacStationDrRoute7/15BypassFortEvansRd CardinalParkDrCrosstrailBlvdP otomacStation Dr G G G G Gateway District - Edwards Ferry Road = Proposed Gateway District boundary = New zoning overlay area = New streetscape enhancement area = Conservation/open space/common area = Proposed Town gateway sign = Proposed historic district sign = Existing wayfinding sign = Proffered H-2 Corridor areas = Old & Historic District (H-1) = Crescent Design District = Other commercial areas = Residential areas = Town limits = Waterway in floodplain $+ #* $+ ´ Edwar ds F err y Rd !( !(PlazaStreetHeritageWayWoodberryRoadCat o c t i n C ircleRout e15By pas s E dwar ds Fe rr y Rd BattlefieldPkwy FortEvansRd EastMarketStRoute15Bypass#* 500' from ROW edge 1 3/4/20 Draft Gateway District Sec. 7.12 Gateway District (Overlay) 7.12.1 Purpose The purpose of these gateway corridor regulations is to implement the Town Plan goal of ensuring quality urban design compatible with Leesburg's historic, architectural and tourist resources through architectural control along the town's arterial routes to the H-1 Overlay District. The protection of these traditional gateways to Leesburg's historic district will stabilize and improve property values; protect and enhance the town's attraction to tourists and visitors; and will support and stimulate complimentary development appropriate to the prominence afforded properties contiguous to Leesburg's major arterial routes. Benefits attributable to the promotion of superior design and appearance of structures constructed and altered along the town's arterial highways will ultimately promote the public health, safety and general welfare of the citizens of the town. 7.12.2 District Created The Gateway District is hereby established as an overlay on the Official Zoning Map under authority of Section 15.2-2306 of the Code of Virginia, 1950, as amended, with boundaries to include all or parts of parcels as shown on the aforesaid Official Zoning Map. The Gateway District shall have five segments that recognize the traditional arterial routes to the H-1 Overlay District: 1. West Market Street 2. North King Street 3. South King Street 4. Edwards Ferry Road 5. East Market Street 7.12.3 Applicability A. All Lots, Parcels and Structures. Unless otherwise expressly exempted, the regulations of this section shall apply to all lots and parcels and to all structures upon such lots or parcels within the boundaries of the Gateway District as defined in Sec. 7.12.2 above. B. Partially within Gateway District. If any part of a structure to be erected, altered or restored is located on a lot or parcel that is within these boundaries the entire structure shall be governed by this section, unless (1) the entire structure itself is located outside the Gateway District boundaries or (2) the structure will not be visible from any public right-of-way. C. Proffered Rezonings - May Proffer to Gateway District. Properties subject to proffered rezonings approved prior to ---------, 2020, the effective date of this section, shall comply with the approved rezoning. However, applicants may also proffer compliance (when permissible) or agree to comply with the Gateway District standards. 7.12.4 Certificates of Appropriateness A. Applicability. Unless otherwise expressly exempted, no structure, building (including multifamily buildings), or sign located on land shall be erected, reconstructed, altered or restored on property subject to the Gateway District standards of this section until the plans for such shall have been approved by the Preservation Planner or the Board of Architectural Review in accordance with the 2 3/4/20 Draft Gateway District Certificate of Appropriateness procedures below. The regulations below apply to both public and private structures and facilities. B. Exemptions. The provisions of this section shall not apply to any of the following: 1. Regular maintenance of structures or repair in kind, buildings, or signs (as opposed to the reconstruction, alteration or restoration); 2. Single-family detached dwellings; 3. Attached dwellings (including townhouses and duplexes); or 4. Construction within approved Planned Development Districts. 5. Platform Deck: An at grade platform deck not exceeding twelve (12) inches in height, no less than two (2) feet from the side and rear property lines, not exceeding two hundred (200) square feet in area, without footers for support but supported by the ground only and located in the rear yard only. 6. Shade Structure, Unattached: As defined in Article 18, and pursuant to the performance criteria in Section 9.5.4. 7. Tent: As defined in Article 18, and pursuant to the performance criteria in Section 9.5.4. C. Definitions. For the purposes of this section, changing the exterior color and/or materials of a structure, building or sign shall be deemed an alteration and not regular maintenance. For the purposes of this section a structure shall also include, but not be limited to outbuildings (accessory structures), fences, walls, lamp posts and light fixtures. D. Signs. 1. Standard for Review. Proposed signage shall meet the standards set forth in Article 15 of the Zoning Ordinance and the H-2 Corridor Design Guidelines dated March 1, 1990. These Design Guidelines shall be used by the Preservation Planner and the Board of Architectural Review in evaluating Certificates of Appropriateness for signs until such time as the Gateway District Design Guidelines are enacted. 2. Administrative Approval. The Preservation Planner shall have the authority to administratively review and approve requests for Certificates of Appropriateness for signs in the Gateway District if the Preservation Planner determines that the requested sign(s) meets the standards set forth in Article 15 Sign Regulations of the Zoning Ordinance and the H-2 Corridor Design Guidelines. 3. Board of Architectural Review Approval. If the Preservation Planner determines that a requested sign does not meet the standards set forth in 3 3/4/20 Draft Gateway District Article 15 of the Zoning Ordinance and/or the H-2 Corridor Design Guidelines, the application shall be forwarded to the Board of Architectural Review for consideration. 7.12.5 Demolition Applications No historic landmark, building or structure subject to the provisions of this section shall be demolished until its owner has applied for and received a Gateway District Certificate of Demolition from the Board of Architectural Review pursuant to the procedures of this section except as otherwise expressly provided in Sec. 7.5.8 Demolition Applications. A. Demolition Permit Review and Approval Criteria. 1. In reviewing demolition applications, the Board of Architectural Review shall consider the following: a. The designation of the particular structure as historic or non-historic in the Certified Local Government Grant Building Surveys; b. The criteria listed in the Gateway Design Guidelines (when enacted); and c. The ability of the owner to put the subject property to reasonable beneficial use. 7.12.6 Pre-Application Conference Prior to filing an application, the applicant should meet with the Preservation Planner to discuss the requirements and the nature of the proposal. For purposes of this conference, the applicant may provide a sketch plan of the proposed building(s) drawn to scale showing the general layout of the site. This sketch should be submitted to the Preservation Planner at least three (3) days before the date of the conference. The Preservation Planner may waive this requirement based on the nature and complexity of the proposal. At this conference the Preservation Planner shall consider if the application can be handled administratively or if it must be forwarded to the Board of Architectural Review for action. If the Preservation Planner needs more information to make a determination the final decision must be made prior to application acceptance in accordance with TLZO Sec. 7.12.8 Review Determination. 7.12.7 Application Acceptance Once an application is received the Preservation Planner shall have ten business (10) days from the date of submittal to accept or reject the application. This decision shall be communicated to the applicant on or before the tenth business day since the application was submitted. 7.12.8 Review Determination Prior to the acceptance of an application the Preservation Planner shall determine if the application can be handled administratively or if it must be forwarded to the Board of Architectural Review for action. The complexity, scale and location of the proposal shall be taken into account by the Preservation Planner when making this determination. A. Administrative Review by the Preservation Planner. An application shall be reviewed administratively and the Preservation Planner shall have the authority to issue a Certificate of Appropriateness in the following cases: 4 3/4/20 Draft Gateway District 1. Applications that meet the H-2 Design Guidelines. Applications that meet the H-2 Design Guidelines shall be reviewed by the Preservation Planner except as set forth in Sec. 7.12.8.A.5 Application Not in Conformance with H- 2 Design Guidelines and as exempted in Sec. 7.12.8.B Automatic Review by the Board of Architectural Review. 2. Applications involving the Following Changes. The following applications are reviewable by the Preservation Planner. a. Building and Site Enhancements. Alterations to existing or installation of new lampposts, light fixtures, fences, driveways, residential walkways or changes in existing exterior color schemes, bollards and other traffic control structures. b. Modifications to Existing Structures. Modifications to existing structures including (a) the like-kind replacement of roof materials; (b) the installation of storm windows and doors; (c) the replacement or installation of new shutters; (d) installation of HVAC units and associated support structures; and (e) utility-related improvements. In addition, the Preservation Planner shall have the authority to issue a Certificate of Appropriateness for the change in appearance of gutters, downspouts, attic vents and exterior doors. c. Change of Plans after Issuance of Permit. Any change in the approved plans subsequent to the issuance of a Certificate of Appropriateness shall be promptly submitted to the Preservation Planner prior to construction of the modified feature. The Preservation Planner may administratively approve the following modifications: (a) change in the color of brick selected for a project; (b) change in the profile of door and window moldings; (c) change in the type of siding used in a small area, which does not exceed ten percent (10%) of the total area of a building; (d) change in the style of a door or window; (e) change in roof material as long as historic roof materials are not removed; (f) repositioning, or enlargement/reduction no greater than 10% in the size of a non-historic doorway or window opening, on a secondary resource or on the rear of a primary resource; and (g) repositioning, changes in balustrade (guardrail), or enlargement/reduction no greater than 10% in the size of a porch or outdoor staircase on a secondary resource or on the rear of a primary resource. d. Signs. As permitted in Sec. 7.12.4.D 3. Application Not in Conformance with H-2 Design Guidelines. If the Preservation Planner determines that an application may not be in conformance with the H-2 Design Guidelines, the application shall be forwarded to the Board of Architectural Review by the Preservation Planner or it shall be withdrawn at the applicant’s request. 5 3/4/20 Draft Gateway District B. Automatic Review by the Board of Architectural Review. An application shall automatically be forwarded to the Board of Architectural Review if any of the following criteria are met: 1. The proposed building size exceeds 5,000 gross square feet; 2. The building is comprised of four (4) or more stories; 3. Multiple new buildings are proposed on the site totaling at least 5,000 square feet. 4. A modification from the requirements of Sec. 7.12.24 Universal Gateway District Standards has been requested. 7.12.9 Required Contents of Applications A. General. Except as hereinafter provided, when filing an application for a Certificate of Appropriateness, applicants must submit information for consideration by the Preservation Planner or the Board of Architectural Review: 1. All architectural elevations drawn to scale; 2. A Statement of Justification describing how the project addresses the Gateway District standards. 3. Site plans; 4. Complete exterior materials samples; 5. Photographs or drawings relating the proposed project to the surrounding streetscape; 6. Proposed colors; 7. Lighting; 8. Landscaping, as required by Article 12; and 9. Proposed signage, as required by Article 15 Sign Regulations. 10. All text documents shall be submitted in a digital format (.DOC). 11. All plans shall be submitted in a digital format (.PDF and .DFX). B. Sign Permits. When filing application for a Certificate of Appropriateness for signs, applicants must submit the following information: 1. A scale drawing of the proposed sign; 2. Proposed materials for the sign, including supports, and the lighting method to be used; 3. The style and size of the lettering; and 4. A sketch or photograph showing the proposed location of the sign on the building or site. C. Waivers of Certain Requirements. Upon written request from the applicant, the Preservation Planner may waive any of the above requirements deemed not to be necessary for review of the application. However, any such waiver may be overturned by the Board of Architectural Review if the board determines the additional information is necessary to consider a modification or appeal that comes within the Board’s purview. 6 3/4/20 Draft Gateway District 7.12.10 Form of Application Applications for Certificates of Appropriateness must be made on forms provided by the Department of Planning and Zoning and must be accompanied by a filing fee in accordance with the latest Fee Schedule adopted by the Town Council. 7.12.11 Review of Plans in a Timely Manner A. 75 Days. The Preservation Planner or the Board of Architectural Review, as the case may be shall render a final decision within seventy-five (75) days or less after the acceptance of a completed application. B. Approval unless Extension. Any application not acted upon within this 75-day period shall be deemed approved unless the parties mutually agree to extend the action time beyond this 75-day period to the next business meeting, or to a date certain. C. Revisions may establish New Timeline. The Preservation Planner may require a revised application with a new application date that extends the 75-day timeline when alterations or modifications are made to the accepted application. 7.12.12 Public Notice Requirements A. No Public Notice required for Administrative Approval. No public notice is required for an administrative approval by the Preservation Planner. B. Public Notice required for Applications before the BAR. Written and Placard notice is required for those applications that will be heard by the Board of Architectural Review. Such notice shall be provided in accordance with the requirements of Sec. 3.1.9.A Written Notice and Sec. 3.1.9.B Placard Notice. Newspaper notice is not required. 7.12.13 Actions on Applications In response to an application for a Certificates of Appropriateness, the Preservation Planner or Board of Architectural Review, as the case may be, shall be authorized to approve the application, deny the application, or approve the application in modified form. 7.12.14 Decision must be in Writing A. Copy to Applicant. All decisions of the Preservation Planner or the Board of Architectural Review granting or denying a Certificate of Appropriateness shall be in writing, a copy of which shall be sent to the applicant and a copy filed with the town office. B. If Not Approved or Denied. If the Preservation Planner determines an application is not approvable as submitted, or if the Board of Architectural Review determines an application should be denied, the reasons for such determination shall be included in the written statement transmitted to the applicant. In the statement, the Preservation Planner or Board of Architectural Review may make suggestions that would assist the applicant in the resubmitting of an application. 7 3/4/20 Draft Gateway District 7.12.15 Accurate Drawings Required for COA or Zoning Permit Issuance Before issuing any type of permit for work which has been approved by the Preservation Planner or Board of Architectural Review, applicants must submit plans that accurately reflect any changes or conditions established by the Preservation Planner or Board of Architectural Review as part of the approval of the project. 7.12.16 Work must conform to Certificate All work performed pursuant to a Certificate of Appropriateness shall conform to the approved plans, specifications and any modification required by the Certificate. In the event work is performed not in conformance with the Certificate, the Zoning Administrator shall notify the responsible person or firm in writing of the violations and shall take the necessary legal steps to ensure that the work is performed in conformance with the Certificate. 7.12.17 Change to Approved Plans after Issuance of Certificate. A. Preservation Planner or B.A.R. Review. Any change in the approved plans subsequent to the issuance of a Certificate of Appropriateness shall be submitted to the Preservation Planner for review prior to construction of the modified feature. The Preservation Planner may approve the change administratively or, if it is determined that the Certificate of Appropriateness application does not meet the standards for appropriateness the application shall, at the applicant’s request, be forwarded to the Board of Architectural Review in accordance with the procedures of Sec. 7.12.21 Appeals to the Board of Architectural Review. B. Report. A report of administrative approvals shall be made to the Board of Architectural Review at each regular meeting. 7.12.18 Lapse of Approval A Certificate of Appropriateness shall lapse and become void unless: A. Two Years. Construction has commenced within two years (24 months) from the date the Certificate of Appropriateness was issued; or B. Extension. Prior to the sunset of twenty-four month period in (A.) above, the applicant has obtained a six-month extension from the Zoning Administrator by clearly demonstrating to the Zoning Administrator diligent pursuit of other necessary land development approvals. The Zoning Administrator shall include notification of the request for an administrative extension to adjacent property owners. The number of six-month extensions that an applicant may obtain shall be limited to four (4) consecutive six-month extensions for a total of two years. 7.12.19 Design Criteria The Preservation Planner or the Board of Architectural Review shall find that the application meets all of the following standards and criteria stated below in approving applications filed under this section. These standards and criteria are further defined in the H-2 Corridor Design Guidelines dated March 1, 1990. These Design Guidelines shall be used by the Preservation Planner and the Board of Architectural Review in evaluating Certificates of Appropriateness until such time as the Gateway District Design Guidelines are adopted. A. Whether or not the proposed external architectural features, represented by the general design and arrangement, texture, color, line, mass, dimension, material and lighting reflect desirable design for the Town of Leesburg. 8 3/4/20 Draft Gateway District B. Whether or not the proposed structure, building or improvement is compatible with well-designed structures in the vicinity of the proposed structure. C. Whether or not proposed freestanding buildings use the same or architecturally harmonious materials, color, texture and treatment for all exterior walls; and in the case of partially freestanding buildings, whether or not the same or architecturally harmonious materials, color, texture and treatment are used on all portions of all exterior walls. D. Whether or not the combination of architectural elements proposed for a structure, building or improvement, in terms of design, line, mass, dimension, color, material, texture, lighting, landscaping, roof line and height conform to accepted architectural principles for permanent buildings reflecting the character of Leesburg, as contrasted with engineering standards designed to satisfy safety requirements only. E. Whether or not the proposed structure, building or improvement, in terms of design, material, texture, color, lighting, dimension, line, mass roof line and height, is designed to serve primarily as an advertisement or commercial display, exhibits exterior characteristics likely to deteriorate rapidly, would be of temporary or short-term architectural or aesthetic acceptability, or would otherwise constitute a reasonable foreseeable detriment to the attractiveness and stability of the town's historic arterial corridors. 7.12.20 Architectural Style to be in Accordance with Design Guidelines No specific architectural style is required for any project but the approved architecture must conform to the architectural styles permitted by the H-2 Corridor Design Guidelines, until such time as the Gateway District Design Guidelines are enacted. 7.12.21 Appeals A. Appeals to the Board of Architectural Review. In the event that the Preservation Planner determines that the Certificate of Appropriateness application does not meet the standards for appropriateness the application shall be forwarded to the Board of Architectural Review, at the next regularly scheduled Board of Architectural Review meeting for which all public hearing notice requirements can be met, or the application shall be withdrawn by the applicant. B. Appeals to the Town Council. Appeals to the Town Council from any final decision of the Board of Architectural Review may be made in accordance with the provisions of Sec. 3.11.15.B Appeals to the Town Council. C. Appeals to the Circuit Court of Loudoun County. Appeals to the Circuit Court of Loudoun County from any decision of the Town Council may be made in accordance with the provisions of Sec. 3.11.15.C Appeals to the Circuit Court of Loudoun County. 7.12.22 Specific Segment Locations and Standards The five segments set forth in Sec. 7.12.2 shall be located and have specific standards based on the distinct character of the particular segment as follows: A. West Market Street. 9 3/4/20 Draft Gateway District 1. District Location, Generally. The boundary of the Gateway District on West Market Street shall be as shown on the map entitled “Gateway District – West Market Street” and as included on the Official Zoning Map. 2. District Width on Existing Residential Lots. On West Market Street the Gateway District shall not extend more than fifteen feet (15’) from the adjacent right-of-way line onto the property of any developed residential lot. B. North King Street. 1. District Location, Generally. The boundary of the Gateway District on North King Street shall be as shown on the map entitled “Gateway District – North King Street” and as included on the Official Zoning Map. 2. District Width on Existing Residential Lots containing a Dwelling. On North King Street the Gateway District shall not extend more than fifteen feet (15’) from the adjacent right-of-way line onto the property of any developed residential lot. C. South King Street. 1. District Location, Generally. The boundary of the Gateway District on South King Street shall be as shown on the map entitled “Gateway District – South King Street” and as included on the Official Zoning Map. 2. District Width on Existing Residential Lots containing a Dwelling. On South King Street the Gateway District shall not extend more than fifteen feet (15’) from the adjacent right-of-way line onto the property of any developed residential lot. D. Edwards Ferry Road. 1. District Location, Generally. The boundary of the Gateway District on Edwards Ferry Road shall be as shown on the map entitled “Gateway District – Edwards Ferry Road” and as included on the Official Zoning Map. 2. District Width on Existing Residential Lots containing a Dwelling. On Edwards Ferry Road the Gateway District shall not extend more than fifteen feet (15’) from the adjacent right-of-way line onto the property of any developed residential lot. E. East Market Street. 1. District Location, Generally. The boundary of the Gateway District on East Market Street shall be as shown on the map entitled “Gateway District – East Market Street” and as included on the Official Zoning Map. 10 3/4/20 Draft Gateway District 7.12.23 Universal Gateway District Standards. The five Gateway District segments set forth in Sec. 7.12.2 shall be subject to the following standards: A. Site Design 1. Building Placement/Orientation. Buildings that have frontage on a public or private street shall be oriented toward and approximately parallel to the street. If the building is on a corner lot, it shall have two front facades, one facing each street. 2. Off-Street Loading Spaces, Utility Areas and Utilities. a. Location. Off-street loading docks, dumpsters, waste and recycling receptacles, and utility meters shall be located either internally or at the side or rear of buildings and shall not be directly visible from a public street. b. Screening. When loading docks, dumpsters, waste and recycling receptacles cannot be located within buildings they shall be screened by elements compatible with the architecture of the building, including but not limited to fences, walls or even other buildings. Dumpsters are also subject to Sec. 12.8.8 Dumpster Screening. c. Outside of Loading Docks. Loading areas outside of loading docks shall be screened from any adjacent use by a masonry wall sufficient for the purpose. 3. Mechanical Equipment shall be screened. Mechanical equipment and energy conservation or collection equipment (solar panels), located on the site shall be screened from public view. a. Rooftop. All rooftop HVAC and mechanical equipment shall be screened from view. This shall be accomplished for pitched roofs by placing the equipment on the back half of the building or concealing the equipment within the roof structure, or for flat roofs by a parapet wall. In addition, the penthouse shall generally blend with the design of the building. Parapets shall match the primary building material of the facade below and shall blend with the design of the building in terms of color and scale. All such screening shall be integrated into the building design. b. Ground-Mounted. All ground-mounted HVAC and mechanical equipment, including energy conservation or collection equipment, shall be located in the side or rear yard. Screening shall be required for any ground-mounted mechanical equipment in the form of a fence, or brick or masonry wall that obscure visibility of the equipment from any street or adjacent property. Landscaping shall not be considered sufficient to meet the intent of this screening requirement. 11 3/4/20 Draft Gateway District 4. Outdoor (Exterior) Lighting. Exterior lighting, including vehicular and pedestrian circulation, building and landscape illumination and security lighting, shall comply with the following standards: a. Compatibility. Light fixtures shall be integrated into the design of the project and shall be of appropriate style and height and compatible with the architectural character of the property and the district. b. Height. Light pole height shall be related to the context and use of the site where they are to be installed. Generally, light poles shall be no higher than 20’ (including the base and the fixture, including finial caps) in commercial areas, and shall be no higher than 15’ (including the base and the fixture, including finial caps) along sidewalks and pedestrian areas in mixed use or residential neighborhoods. c. Other Standards. TLZO Sec. 12.11 Outdoor Lighting shall apply except as modified by the standards above. 5. Surface Parking Placement/Location. Parking areas should be located in the side or rear of the building. a. Parking in Building Front. Where parking is located in front of a building, it shall be screened behind a minimum four-foot (4’) tall masonry wall that is constructed along the public street frontage inside the perimeter parking lot buffer required by TLZO Sec. 12.5.3 Parking Lots Adjacent to Public Streets. The required screening vegetation may be reduced by 40% in such cases to accommodate the wall and sustain healthy plant material. 6. Screening Walls. Walls used for screening, including walls required by Sec. 7.1.23.A.5.a for parking along public streets, in excess of twenty feet (20’) in length shall be articulated, with such features as projections/recessions (such as columns, pilasters, and paneling) and variable colors or details, at least every twenty feet (20’). The wall shall be capped. 7. Fences. Fences shall be constructed using traditional design and materials, including wood or metal, and walls shall be made of masonry, except that the Board of Architectural Review may approve other materials that visually approximate the appearance of a traditional material. a. Finished Side Out. The finished side of a fence shall face out from the property with the frame of the fence facing the inside. 8. Accessory Structures. Accessory structures, such as storage sheds or garages, shall be constructed out of traditional materials including wood, stone, brick or other masonry materials, except that the Board of Architectural Review may approve other materials that visually approximate the appearance of traditional materials. An accessory structure shall be compatible with the principle structure on the lot. a. Exemptions. The following items are not subject to this requirement: 12 3/4/20 Draft Gateway District 1. Play equipment such as slides, swings, climbing bars and similar facilities; and 2. Yard furniture such as chairs, slides and similar items. b. Review Body. Accessory structures shall be reviewed as follows: 1. 200 Square Feet or Less. Any accessory structure that is 200 gross square feet or less shall be reviewed administratively by the Preservation Planner. 2. More than 200 Square Feet. Any accessory structure that is more than 200 gross square feet shall be reviewed by the Board of Architectural Review. 3. Height and Size. Accessory structures shall meet the setback, height, and size requirements of TLZO Sec. 10.4.5.C.1 Accessory Structures. 9. Journey Through Hallowed Ground. Properties fronting on North King Street and South King Street shall demonstrate consistency with the Journey Through Hallowed Ground (JTHG) Master Plan streetscape plan for Leesburg. B. Building Design. 1. Four-Sided Architecture. Any building constructed in the Gateway District shall be characterized by four-sided architecture. a. Four-Sided Architecture Definition. Design elements on all sides of a proposed building shall be compatible with the primary elevation and shall display a similar level of detail and architectural interest utilizing similar building materials and design (see Sec. 7.12.19.C). The primary elevation is defined as any elevation that faces a street (see Sec. 18.1.179 for definition of “street”) or is otherwise intended as the main entrance elevation of a building (see Sec. 18.1.23 for definition of “building”). [Example illustration to be inserted later – out of town examples only] Figure 1. Example of Four-Sided Architecture Residential Building [Example illustration to be inserted later – out of town examples only] Figure 2. Example of 4-Sided Architecture Commercial Building 1. Blank Walls Prohibited. A “blank wall” is an exterior wall with little or no variation in materials, no defined foundation or cornice articulation and no window or door openings, or large expanses of unarticulated area. A wall must have articulation consisting of, but not limited to, 13 3/4/20 Draft Gateway District the following: a foundation, a middle and a cap with at least one type of opening (door or window). 2. Landscaping is not Mitigation. Landscaping shall not be accepted as mitigation for a lack of articulation in any wall. [Example illustration to be inserted later – out of town examples only] Figure 3. Unacceptable Blank Wall [Example illustration to be inserted later – out of town examples only] Figure 4. Well-articulated Walls 2. Trademark or Corporate Architecture. Leesburg’s historic and aesthetic character shall take precedence over trademark or corporate architecture, which must be balanced by the use of traditional materials, colors and architectural character features. Trademark or corporate architecture that is readily identifiable with a franchise or chain business due to its distinctive exterior appearance shall not be permitted unless the Board of Architectural Review determines its elements meet the requirements of the Gateway District. a. Color Branding. Color branding, associated with any trademark or corporate design, shall not be permitted in whole roofs, outlines of roofs, cornices or any other building element other than primary door color or signage unless otherwise determined by the BAR to be consistent with the Design Guidelines for the Gateway Districts. Figures 5 & 6. Examples of unacceptable Trademark Buildings [Example illustration to be inserted later – out of town examples only] Figure 7. Example of acceptable (modified) Trademark Building 14 3/4/20 Draft Gateway District 3. Massing. Buildings shall be designed to minimize the impact of their overall mass to provide a human scale. a. Larger Buildings. As the size of a building increases there shall be a corresponding increase in the complexity of the massing. b. Techniques to Refine Building Mass and achieve a Human Scale. To achieve a human scale and to respect traditional architectural patterns, techniques may include, but shall not be limited to, the following: Changes in horizontal or vertical plane, bay windows, balconies, covered or recessed porches or stoops, porticos, varied wall surfaces, upper-story step-backs, varied heights at regular widths, break up walls by the inclusion of windows and other façade articulation features [Example illustration to be inserted later – out of town examples only] Figure 8. Example of appropriate use of Massing Techniques 4. Emphasize Primary Building Entrance. The primary entrance(s) shall be clearly identifiable and articulated through the use of materials, canopies, recesses, awnings, transom windows, sidelights, pediments, porticos or other architectural treatments. Figure 9. Entrance Clearly Articulated and Differentiated 5. Materials. All materials, including glass, shall be compatible with the architectural character and history of Leesburg with an emphasis on traditional materials such as wood, brick or stone. Other materials which visually approximate the appearance of traditional building materials may be approved by the Board of Architectural Review. 15 3/4/20 Draft Gateway District a. Glass. Glass areas shall be clear or lightly tinted. Lightly tinted shall be defined as window tint not containing a metallic material which allows greater than seventy percent (70%) visible light transmission. Highly tinted or mirrored (reflective) glass is not permitted. b. Colors. Colors shall be chosen so that the building function does not function as a sign; this includes colors identifiable with a franchise or chain business. However, such colors may be appropriate for awnings and signs. C. Modifications. Modifications to the requirements of Secs. 7.12.24 Universal Standards may be approved by the Board of Architectural Review. 1. Submission Requirements. A modification shall require the following information: a. Written Statement. A written statement that clearly indicates by section and paragraph the modification that is requested and also includes a narrative justification for the modification. An architectural modification request shall include appropriate building elevations. b. Multiple Modifications. If multiple modifications are requested they must be listed in a table to clearly identify the number and nature of the modifications. c. Additional Information. Additional information as may be required by the Preservation Planner to provide a comprehensive application given the nature and extent of the modification requested. 2. Approval Criteria. The application shall be reviewed by the Board of Architectural Review based upon the following criteria: a. Architectural Character. The design of the building shall be in keeping with the expressed purpose of the Gateway District to ensure quality urban design compatible with Leesburg's historic, architectural and tourist resources. This shall not prevent innovation and creativity in design that is in keeping with the Gateway District, as determined by the Board of Architectural Review. b. Orientation. The building shall be oriented toward the front sidewalk or street, have a functioning entrance and enhance the continuity of the pedestrian oriented environment. c. Roof Design. The design of the roof shall be compatible with character of other buildings along the block and shall meet district height requirements. d. Materials. The exterior finish materials shall be of equal or better quality, in terms of durability and appearance/texture similar to brick, stone, or wood, as those permitted in the district. The intent is to accommodate new technologies and building material while maintaining the desired character of the Gateway District, as defined in Sec. 7.12.1 Purpose. 16 3/4/20 Draft Gateway District e. Windows. Ground floor windows shall be provided along the front sidewalk to maintain the pedestrian-orientation of the streetscape and upper story windows and shall not be incompatible with the rhythm and proportions of windows on other buildings along the block. f. Not to be Considered. Economic hardship will not be considered a reason for varying from any standard established in Sec. 7.12.24 Universal Standards. g. Purpose. The modification will not be contrary to the purpose and intent of Sec. 7.12.24 Universal Standards. h. Consistency with Town Plans. The modification is consistent with the Comprehensive Plan and any Town adopted plans. i. Compensating Features. The modification includes compensating design or architectural features that meet the overall objectives of the particular requirement that is being modified. j. Conditions. In approving a modification the Board of Architectural Review may impose such conditions regarding location, character and other features as it deems necessary for the protection of the general welfare and to ensure compliance with the intent and objectives of the Gateway District. k. Use of Adjacent Properties. The modification will not hinder or discourage the appropriate development and use of adjacent or nearby land or buildings. 3. Process and Action. Once the modification has been determined to be complete by the Preservation Planner, the modification shall be processed with the Certificate of Appropriateness Application and shall be transmitted to the Board of Architectural Review for consideration and action.