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
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WilliamSt
WestMarketStreet
LoudounStreetSW
WestMarketStreet
MosbyDr MorvenParkRdWilsonAvePershingAveFairviewAvePhillipsDr
CatoctinCircleSWAyrStreetDryMillRd!(
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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
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UnionSt
Oakcrest M a n o rD rD ryH ollow R dIda Lee Park
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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
$+
#*
$+
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!(
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
$+
$+
´
!(
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EastMarketSt
BattlefieldPkwyRussellBranchPkwy RiverCreekPkwyPotomacStationDrRoute7/15BypassFortEvansRd
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otomacStation Dr
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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
$+
#*
$+
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Edwar ds F err y Rd
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!(PlazaStreetHeritageWayWoodberryRoadCat o c t i n C ircleRout
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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.