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HomeMy Public PortalAboutTLZM-2020-0004 and TLOA-2020-0002 Gateway DistrictDate of Meeting: June 18, 2020 TOWN OF LEESBURG PLANNING COMMISSION PUBLIC HEARING Subject: TLZM-2020-0004 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: September 26, 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. Web Link: https://www.leesburgva.gov/government/departments/planning- zoning/current-planning-zoning-projects/gateway-project Suggested Motions: TLOA-2020-0002 Zoning Ordinance Amendments Approval I move that Zoning Ordinance amendment application TLOA-2020-0002, Gateway District (Overlay), be forwarded to the Town Council with a recommendation of approval on the basis that the amendments satisfy the approval criteria specified in TLZO Section 3.2.5 and would serve the public necessity, convenience, general welfare and good zoning practice. Or Gateway District (Overlay) Planning Commission Public Hearing Staff Report June 18, 2020 Page 2 of 10 Denial I move that Zoning Ordinance amendment application TLOA-2020-0002, Gateway District (Overlay), be forwarded to the Town Council with a recommendation of denial on the basis that the amendments do not satisfy the approval criteria specified in TLZO Section 3.2.5 and would not serve the public necessity, convenience, general welfare or good zoning practice due to the following reasons: ___________________________________________________. Or Alternate Motion I move that ________________________________. TLZM-2020-0004 Official Zoning Map Amendment Approval I move that Official Zoning Map amendment application TLZM-2020-0004, Gateway District (Overlay), be forwarded to the Town Council with a recommendation of approval on the basis that the amendments would serve the public necessity, convenience, general welfare and good zoning practice. Or Denial I move that Official Zoning Map amendment application TLZM-2020-0004, Gateway District (Overlay), be forwarded to the Town Council with a recommendation of denial on the basis that the amendments would not serve the public necessity, convenience, general welfare or good zoning practice due to the following reasons: ___________________________________________________. Or Alternate Motion I move that ________________________________. Background Information Previous Work Sessions: On March 5, 2020 a work session was held to introduce the proposed Official Zoning Map and Zoning Ordinance 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, and a follow-up work session was scheduled for March 19, 2020 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. Prior to that meeting the COVID-19 Pandemic occurred and that meeting and the public hearing originally scheduled for April 16, 202, were postponed. On June 4, 2020 that work session was held. Gateway District (Overlay) Planning Commission Public Hearing Staff Report June 18, 2020 Page 3 of 10 Public Informational Meeting: On June 2, 2020 a public informational meeting was held using Webex to familiarize property owners and interested persons about the Gateway District (Overlay) (“Gateway District”). Public Hearing rescheduled for June 18, 2020: The public hearing date for this item was originally scheduled for April 16, 2020 but was rescheduled to this date. 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 (Resolution - Attachment 3) 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. East Market Street 5. Edwards Ferry Road 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. For four of the corridors the Gateway District would replace the H-2, Historic Corridor Control Architectural Overlay District (“H-2 District”). Official Zoning Map Amendments – Five Gateway Segments: In Attachment 2, 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. It would also decrease it in others, removing the H-2 District from mostly single-family detached residential lots without including them in the Gateway District. The existing H-2 Overlay District includes over 600 parcels. The proposed Gateway District would eliminate 415 of those parcels, but 140 parcels would be added along Edwards Ferry Road for a total of 342 parcels in the new district. Gateway District (Overlay) Planning Commission Public Hearing Staff Report June 18, 2020 Page 4 of 10 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 existing H-2 Overlay District. 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: Generally: The proposed zoning text amendments would establish a new Gateway District. The amendments (see Attachment 1) would establish the Gateway District as a new and distinct “overlay” district that would apply a new layer of architecture and site design standards in the geographic area shown on the Segment Maps. The underlying base zoning district uses are not affected. That is, this overlay district will have no effect upon uses allowed in the existing base zoning districts, the setbacks required, lot size, etc. Sections 7.12.1 through 7.12.23 set up how the Gateway District will be implemented – by whom, what type of construction the standards apply to, what the application Gateway District (Overlay) Planning Commission Public Hearing Staff Report June 18, 2020 Page 5 of 10 requirements are, who has approval authority in particular cases, appeal process, demolition process, and other information. Section 7.12.2 defines the location of the five segments that together comprise the Gateway District. Finally, Section 7.12.24 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. Applicability: Sec. 7.12.7 specifies that “. . . no structure, building (including multifamily buildings, mixed–use buildings and townhouses or duplexes), 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 Certificate of Appropriateness procedures below.” That means if an applicant proposes a new commercial building, new townhouse or new apartment building, or seeks to alter an existing commercial building or apartment building, a Certificate of Appropriateness must be approved prior to the construction. Certain structures are exempted in Sec. 7.12.3.D, and include, but are not limited to, all single- family detached homes (whether new or existing), and existing townhouses and duplexes, and regular maintenance or in kind repair of structures, buildings, or signs (as opposed to the reconstruction, alteration or restoration). 15-Foot Wide Portion on Single-Family Residential Lots: In the West Market Street, North King Street, South King Street and Edwards Ferry Road Corridors the proposed Gateway District is as narrow as 15 feet from the public street right-of-way line. This area is included because the private land immediately adjacent to the public street is an important part of the experience when travelling in these traditional corridors to the historic downtown. This is the area drivers and pedestrians are most likely to view and which can, and does, create an impression of the street and the neighborhood. The existing H-2 includes many single-family detached lots but they are generally proposed to be completely removed from the Gateway District. The exception is those lots which directly front upon the four corridor streets named above, where this 15-foot overlay would be placed. Inside this 15-foot area the ordinance would apply to fences and accessory structures (i.e., sheds, free-standing garages, etc.). Approval Criteria and Staff Analysis: Official Zoning Map Rezoning Approval Criteria: Zoning Ordinance Section 3.3.15 establishes the following criteria for the Planning Commission and Town Council to use, in addition to other reasonable considerations, in making their decision regarding approval or disapproval of a rezoning/proffer amendment application. Listed below are the specific criteria with staff response. a. Consistency with the Town Plan, including but not limited to the land use compatibility policies. The Town Plan supports the improvement of community design for new development and redevelopment outside of the old and historic district (Town Plan, Community Design, Objective 1, p. 5-3). Objective 1.b (p. 5-3) states, “Design buildings, Gateway District (Overlay) Planning Commission Public Hearing Staff Report June 18, 2020 Page 6 of 10 including size, height, location, scale, massing, color, roofline, and materials, to enrich the character of Leesburg.” The Town Plan also states, “Much can be done under the Town’s regulatory authority to ensure that redevelopment, infill, and new development are consistent with the Town character and enhance the community’s aesthetics and functionality. Guidelines can provide more design direction, in terms of building location, mass, and height, and parking placement. Such guidelines would not only apply to private development, but they can also help bring about careful design and budgeting of public capital improvement projects as well.” (p. 5-3) The Gateway District is created to specifically address this goals. Also, there is no issue with land use compatibility because the Gateway District is an overlay district that does not impact land uses allowed in the base zoning of the properties within the overlay area. b. Consistency with any binding agreements with Loudoun County, as amended, or any regional planning issues, as applicable. There are no applicable binding agreements or inconsistent regional planning issues. c. Mitigation of traffic impacts, including adequate accommodation of anticipated motor vehicle traffic volumes and emergency vehicle access. The Gateway District is an overlay district. The inclusion of the property in the Gateway District does not impact the base zoning or allowable uses and therefore does not result in additional traffic impacts. d. Compatibility with surrounding neighborhood and uses. The zoning overlay district establishes architectural control via the Preservation Planner and the BAR of the subject property for the purposes of providing enhanced design to protect the Town’s character and to enhance the community aesthetics and functionality. Therefore, it does not negatively impact the use of the subject property or surrounding properties. e. Provision of adequate public facilities Not applicable with this zoning map amendment. Zoning Ordinance Amendments: The proposed amendments to the Zoning Ordinance are subject to the approval criteria specified in TLZO Section 3.2.5 which states: In acting on proposed text amendments, the Planning Commission and Town Council shall consider whether the proposal is consistent with the Town Plan and the stated purposes of this Zoning Ordinance (See Sec. 1.5). TLZO Sec. 1.5 Purpose states: Gateway District (Overlay) Planning Commission Public Hearing Staff Report June 18, 2020 Page 7 of 10 This Zoning Ordinance is adopted in order to protect the health, safety, and welfare of the residents of Leesburg; to advance the objectives set out in Section 15.2-2200 of the Code of Virginia, 1950, as amended; and to implement the Leesburg Town Plan. Staff believes the proposed ordinance amendments are consistent with the Town Plan for the reasons cited above in section “a.” under “Consistency with the Town Plan”. Further, the amendments are intended to advance the objectives permitted in the enabling legislation in the Code of Virginia. Frequently Asked Questions: The following questions and answers are provided to better explain the proposed Gateway District. Some are questions asked by the public and others are generated by staff. 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 summer and continuing into the fall of this year. A separate 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 Public Hearing Staff Report June 18, 2020 Page 8 of 10 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 415 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: Not the house itself, but only on a portion of the lots on some single- family detached 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, there are several major differences: • 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 existing H-2 District is spread among two articles). • 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 but will include fewer residential parcels. 8. What is the purpose of the Building and Site Design standards in Sec. 7.12.24? Gateway District (Overlay) Planning Commission Public Hearing Staff Report June 18, 2020 Page 9 of 10 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- sided architecture” and “Leesburg’s historic and aesthetic character shall take precedence over trademark or corporate architecture, which, if employed, must be balanced by the appropriate 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 in accordance with criteria and procedures set out in the ordinance. 9. Will this ordinance result in the Town widening the road, taking any of my property, or removing my existing fence? Answer: No! If you wish to make changes to your property, you may need approval from the Town but these amendments do not make any physical changes to any property. 10. Does the Gateway District change any of the allowed uses on my property? Answer: No! The base zoning district stays the same and with it the allowed uses stay the same, too. 11. How do I know if my property is partially or fully within the proposed Gateway District? Answer: You can view the segment maps at – Also, an interactive map is online at that address to help guide you. 12. Do I need to get designs for a new fence, shed or house addition approved by the Town because of the Gateway District? Answer: Possibly – it depends on where your property is located. If you are inside the district, most likely yes. Note that some approvals are administrative by the Preservation Planner and others go to the Board of Architectural Review. 13. If my property is in the Gateway District, can I build a new structure or alter the current one? Answer: Yes! On some lots, the area subject to review is limited and if an existing structure is located outside that limit, the Gateway District will not apply. If the property is inside the limits, your project must meet base zoning requirements (setbacks) and you may need project review but you can still build it. Draft Ordinance: In Attachment 1 are the proposed draft ordinance amendments presented for discussion purposes. Gateway District (Overlay) Planning Commission Public Hearing Staff Report June 18, 2020 Page 10 of 10 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. Draft Zoning Ordinance Language 2. Boundaries of Gateway District 3. Resolution No. 2018-028 Gateway District Initiation 1 Draft #5 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 primary arterial routes into the H-1, Overlay, Old and Historic District (“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 general welfare of the citizens of the town. 7.12.2 District Created The Gateway District (Overlay) (“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. The five segments shall be located and have both universal and discrete standards based on the distinct character of the particular segment as follows: A. 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. B. West Market Street. 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. C. 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 2 Draft #5 Gateway District feet (15’) from the adjacent right-of-way line onto the property of any developed residential lot. D. 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. E. 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. 7.12.3 District 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 the entire structure itself is located outside the Gateway District boundaries. 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 outside the H-1 Overlay District or Crescent Design District) or agree to comply with the Gateway District standards. D. Exemptions. The provisions of this section shall not apply to any of the following: 1. Regular maintenance or in kind repair of structures, buildings, or signs (as opposed to the reconstruction, alteration or restoration); 2. Single-family detached dwellings; 3. Attached dwellings (including townhouses and duplexes) existing as of the date of enactment of this overlay district; or 3 Draft #5 Gateway District 4. Construction within approved, proffered Planned Development Districts. 5. Shade Structure, Unattached: As defined in Article 18, and pursuant to the performance criteria in Section 9.5.4. 6. Tent: As defined in Article 18, and pursuant to the performance criteria in Section 9.5.4. 7.12.4 Design Guidelines The Design Guidelines shall be used by the Preservation Planner and the Board of Architectural Review in evaluating Certificates of Appropriateness of applications. The current Design Guidelines are the H-2 Corridor Design Guidelines dated March 1, 1990, which will be used until such time as the Gateway District Design Guidelines are enacted. 7.12.5 Architectural Style to be in Accordance with Design Guidelines No specific architectural style is required for any project but the approved application must conform to the principles permitted by the Design Guidelines. 7.12.6 Design Criteria In order to approve an application filed under Sec. 7.12 Gateway District (Overlay), the Preservation Planner or the Board of Architectural Review shall find that it meets all of the standards and criteria stated below and as further defined in the Design Guidelines. The determination must be made: 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 appropriate design for the Town of Leesburg. B. Whether or not the proposed structure, building, or improvement is compatible with appropriate structures in the vicinity of the proposed structure. C. Whether or not proposed freestanding buildings or partially freestanding buildings use the same or architecturally harmonious materials, color, texture, and treatment for 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 the Town 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 intended 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 appearance and stability of the Town's historic arterial corridors. 4 Draft #5 Gateway District 7.12.7 Certificates of Appropriateness A. Applicability. Unless otherwise expressly exempted in sec. 7.12.3.D Exemptions above, no structure, building (including multifamily buildings, mixed–use buildings and townhouses or duplexes), 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 Certificate of Appropriateness procedures below. The regulations below apply to both public and private structures and site features. B. Definitions. For the purposes of Sec. 7.12 Gateway District, the following are defined: 1. Maintenance. Activities undertaken to conserve the original condition of a structure to compensate for normal wear and tear. Such maintenance repair shall be “in-kind repair” using the same materials, color, and design as the original structure. 2. Alteration. Any change which effects the exterior of a structure, building or sign. For the purposes of this chapter, altering (changing) the exterior color, design, and/or materials of a structure, building, or sign, or any addition to a building or structure, shall be deemed an alteration and not regular maintenance. 3. New Construction. The initial construction of entirely new structures. 4. Modification. A change to the otherwise applicable standards when permitted by this article and subject to the approval process of Sec. 7.12.24.C Modifications. 5. Demolition. Any removal of forty percent (40%) or more of the total exterior wall or roof surface of any building shall require a Certificate of Demolition in accordance with the requirements of Sec. 7.12.9 Demolition Applications. Any removal of less than 40% of the exterior wall or roof surface of a building shall be considered an alteration and requires a Certificate of Appropriateness in accordance with the provisions of Sec. 7.12.8 Certificate of Appropriateness Applications. In accordance with Sec. 7.12.14.D.2.c, the Preservation Planner shall have the authority to issue a Certificate of Demolition for any structure that is 400 square feet or less in total area. 6. Structure. A structure shall include, but not be limited to buildings, outbuildings (accessory structures), fences, walls, lamp posts, and light fixtures, HVAC equipment, bank teller machines, gas pumps and canopies. 7.12.8 Certificate of Appropriateness Applications No building, structure, or site feature subject to the provisions of Sec. 7.12 Gateway District (Overlay) shall be constructed or altered, until its owner has applied for and 5 Draft #5 Gateway District received a Certificate of Appropriateness issued by the Preservation Planner or the Board of Architectural Review. 7.12.9 Certificate of Demolition Required No historic landmark, building, or structure subject to the provisions of Sec. 7.12 Gateway District (Overlay) 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 this Sec. 7.12.9 Demolition Applications. A. Demolition Permit Review and Approval Criteria. In reviewing demolition applications, the Board of Architectural Review shall consider the following: 1. The designation of the particular structure as historic or non-historic in the Certified Local Government Grant Building Surveys, if any, which may be found at the Department of Planning and Zoning; 2. The criteria listed in the Gateway Design Guidelines (when enacted); and 3. The ability of the owner to put the subject property to reasonable beneficial use. 7.12.10 Sign Applications A. 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 as referenced in Sec. 7.12.4. 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. B. 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 so long as 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 Design Guidelines. C. Board of Architectural Review Approval. If the Preservation Planner determines that a requested sign does not meet the standards set forth in 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. 7.12.11 Certificate of Appropriateness Application Process The process for submitting an application to gain a Certificate of Appropriateness is set forth in Sections 7.12.12 through 7.12.19 below. 6 Draft #5 Gateway District 7.12.12 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. 7.12.13 File 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. A. General. Except as hereinafter provided, when filing an application for a Certificate of Appropriateness, applicants must submit a Statement of Justification describing how the project addresses the Gateway District standards along with the following information for consideration by the Preservation Planner or the Board of Architectural Review, as applicable: 1. Dimensioned architectural floor plans, roof plans, and elevations drawn to scale; 2. Site plans; 3. Photographs or drawings relating the proposed project to the surrounding streetscape; 4. Complete exterior door, window, and material samples and manufacturer cut sheets; 5. Proposed colors; 6. Lighting; 7. Landscaping, as required by Article 12; or in this article and as shown in the Gateway District Design Guidelines and the Living Legacy Project; 8. Proposed signage, as required by Article 15 Sign Regulations. 9. All text documents shall be submitted in a digital format. 10. All plans shall be submitted in a digital format. 7 Draft #5 Gateway District 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 and colors for the sign, including supports, and details of any 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. 7.12.14 Application Acceptance/Review Determination A. Time to Accept for Review. 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 following submission of the application. During the subsequent review process and prior to action on the Certificate of Appropriateness, if the Preservation Planner determines additional information is needed to present a full and complete application given the nature of the request, the Preservation Planner may request that information. B. Type of Review. As part of this review, the Preservation Planner shall determine whether the application will be handled administratively or if it will 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. C. 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 structure size exceeds 5,000 gross square feet; 2. The structure is comprised of four (4) or more stories; 3. Multiple new structures are proposed on the site and exceed 5,000 square feet in total; 4. A modification from the requirements of Sec. 7.12.24 Universal Gateway District Standards has been requested. D. Administrative Review by the Preservation Planner. The Preservation Planner shall have the authority to review an application and issue a Certificate of Appropriateness in the following cases: 8 Draft #5 Gateway District 1. Applications for New Structures that meet the Design Guidelines. Applications that meet the Design Guidelines shall be reviewed by the Preservation Planner except as set forth in Sec. 7.12.14.E Application Not in Conformance with Design Guidelines and as exempted in Sec. 7.12.14.C Automatic Review by the Board of Architectural Review. 2. Applications involving the following Alterations to Existing Structures. The following applications may be approved administratively by the Preservation Planner if they are found consistent with the Design Guidelines: a. Site Alterations. Alterations to existing or installation of new lampposts, light fixtures, fences, driveways, walkways or alterations in existing exterior color schemes, bollards and other traffic control structures. b. Alterations to Existing Structures. Alterations 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) minor utility-related improvements, such as water, electric and gas meters. 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. Demolition. Notwithstanding the definition in Sec. 7.12.7.C.4, the Preservation Planner shall have the authority to issue a Certificate of Demolition for any structure that is 400 square feet or less in total area. d. Signs. As permitted in Sec. 7.12.10. 3. When Preservation Planner Position Vacant. If the Preservation Planner position is vacant, all applications will be forwarded to the Board of Architectural Review until the position is filled. E. Review by the Board of Architectural Review. If the Preservation Planner determines that an application may not be in conformance with the 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. 1. Applications involving the Following Changes. The following applications are reviewable by the Board of Architectural Review. a. Site Alterations. 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. 9 Draft #5 Gateway District b. New Construction. c. Alterations to Existing Structures. Alterations 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; (e) utility-related improvements; and (f) building or structure additions. 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. d. Demolition. e. Signs. As permitted in Sec. 7.12.10. 7.12.15 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 (in the case of an administrative review) or after the first public hearing on the matter (in the case of the Board of Architectural Review). In cases where the Board of Architectural Review is reviewing an application, and the final advertised Business Meeting or Work Session falls within the 75 Day period, but the meeting where the application is scheduled to be heard is canceled, the deadline will automatically extend to the next available meeting. B. Approval unless Extension. Except as indicated in Sec. 7.12.15.A, 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 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. 7.12.16 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. 10 Draft #5 Gateway District 7.12.17 Actions on Applications In response to an application for a Certificate 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. The Preservation Planner may also forward an application that does not meet the Design Guidelines to the Board of Architectural Review. 7.12.18 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 administratively 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 preparing a new application for resubmission. 7.12.19 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 Design Guidelines, 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, unless the application is 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. 7.12.20 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 expiration of the two-year (24 month) period in (A.) above, the applicant can obtain a six-month extension from the Zoning Administrator by clearly demonstrating to the Zoning Administrator diligent 11 Draft #5 Gateway District 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 two (2) consecutive six-month extensions for a total of one year. 7.12.21 Accurate Drawings Required for Certificate of Appropriateness 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. 7.12.22 Change to Approved Plans after Issuance of Certificate of Appropriateness. A. Board of Architectural Review or Preservation Planner Review. Any change in the approved plans subsequent to the issuance of a Certificate of Appropriateness shall be promptly submitted to the Preservation Planner for review prior to construction of the new or 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 be forwarded to the Board of Architectural Review in accordance with the procedures of Sec. 7.12.19 Appeals to the Board of Architectural Review, or be withdrawn by the applicant. B. The Preservation Planner may administratively approve the following minor alterations: (a) in the color of brick selected for a project; (b) in the profile of door and window moldings; (c) 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) in the style of a door or window; (e) 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. C. Justification: Any minor alteration listed above shall be approvable provided that it is in substantial conformance with the approved Certificate of Appropriateness and reasonable justification for the change is presented to the Preservation Planner. D. Report. A report of administrative changes to Approved Plans after Issuance of Certificate of Appropriateness shall be made to the Board of Architectural Review at each regular meeting. 12 Draft #5 Gateway District 7.12.23 Work Must Conform to the Certificate of Appropriateness as Issued All work performed pursuant to a Certificate of Appropriateness shall conform to the approved plans, specifications and any modification required by the Certificate of Appropriateness. In the event work is performed that is not in conformance with the Certificate of Appropriateness, 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 of Appropriateness. 7.12.24 Universal Gateway District Standards. The five Gateway District segments set forth in Sec. 7.12.2 District Created shall be subject to the following standards and as further defined in the Design Guidelines. 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, each architecturally addressing its respective street. 2. Off-Street Loading Spaces, Utility Areas, and Utilities. a. Location. Off-street loading docks, dumpsters, utility meters, waste and/or recycling receptacles 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, utility meters, waste and/or 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 an architecturally compatible masonry wall sufficient for the purpose. 3. Mechanical Equipment shall be screened. Mechanical equipment including energy conservation and/or collection equipment (not including the solar panels or wind turbines themselves), located on the site shall be screened from public view. Mechanical equipment is inclusive of, but not limited to heating-ventilating-air-conditioning (HVAC), energy conservation and/or collection, transformer, power generation, utility metering, or electric vehicle charging devices. a. Rooftop. All rooftop mechanical equipment shall be screened from view of any public road. 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 13 Draft #5 Gateway District 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 mechanical 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. 4. Solar Panel/s and Wind Turbine/s. Renewable energy generation equipment such as solar panel/s or wind turbine/s (not including their associated mechanical equipment) located on the site shall be architecturally compatible and placed so as to minimize their visual impact from public view. a. Rooftop. All rooftop solar panel/s shall be screened from view. This shall be accomplished for pitched roofs by placing the panels on the back half of the building or concealing the equipment within the roof structure, or for flat roofs by a parapet wall. 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. In general, rooftop wind turbine/s or solar panels shall be screened from view, which can be accomplished by placing it/them on the back half of the building. When used as a compatible and integral architectural element to a structure, it may be found allowable that they are visible to the public view. Solar panels that are visible to the public view shall be screened in such a way as to minimize glare and reflectance. b. Ground-Mounted. All ground-mounted solar panel/s or wind turbine/s shall be located in the side or rear yard. They 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. Solar panels that are visible to the public view shall be screened in such a way as to minimize glare and reflectance. 5. Outdoor (Exterior) Lighting. Exterior lighting, including vehicular, pedestrian circulation, building, landscape, recreation, venue, 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. 14 Draft #5 Gateway 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. Athletic field light poles shall be exempt from this limitation. c. Other Standards. TLZO Sec. 12.11 Outdoor Lighting shall apply except as modified by the standards above. 6. Surface Parking Placement/Location. Parking areas should be located in the side or rear yard of the building. 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. 7. 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. 8. Fences. a. Materials and Construction. 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 and characteristics of a traditional material. b. Finished Side Out. The finished side of a fence shall face out from the property with the frame of the fence facing the inside. 9. Accessory Structures. Accessory structures, such as storage sheds or garages, shall be constructed out of traditional materials including wood, stone, brick or other historically compatible masonry materials, except that the Board of Architectural Review may approve other materials that visually approximate the approximate the appearance and characteristics of traditional materials. An accessory structure shall be compatible with the principle structure on the site. 15 Draft #5 Gateway District a. Exemptions. The following items are not subject to this requirement: i. Play equipment such as slides, swings, climbing bars and similar facilities; and ii. Yard furniture such as chairs, slides and similar items. b. Review Body. Accessory structures shall be reviewed as follows: i. 400 Square Feet or Less. Any accessory structure that is 400 gross square feet or less and single story may be reviewed administratively by the Preservation Planner. ii. More than 400 Square Feet. Any accessory structure that is more than 400 gross square feet and/or multistory may be reviewed by the Board of Architectural Review. iii. Height and Size. Accessory structures shall meet the setback, height, and size requirements of TLZO Sec. 10.4.5.C.1 Accessory Structures. 10. 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. 7.12.6.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”). b. Blank Walls Prohibited. A “blank wall” is an exterior wall with little or no variation in materials, no defined foundation, or cornice articulation, no window or door openings, or large expanses of unarticulated area. A wall must have articulation consisting of, but not limited to, the following: a foundation, a middle and a cap with at least one type of opening (door or window). c. Landscaping is not Mitigation. Landscaping shall not be accepted as mitigation for a lack of articulation in any wall. 16 Draft #5 Gateway District 2. Trademark or Corporate Architecture. Leesburg’s historic and aesthetic character shall take precedence over trademark or corporate architecture, which, if employed, must be balanced by the appropriate 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 and the Design Guidelines. 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 Board of Architectural Review to be consistent with the Design Guidelines. 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 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. 5. Materials. All materials, including glass, shall be compatible with the architectural character and history of the Town of Leesburg with an emphasis on traditional materials such as wood, brick or stone. Other materials which visually approximate the appearance, characteristics, and workmanship of traditional building materials may be approved by the Board of Architectural Review. 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. 17 Draft #5 Gateway District C. Modifications. Modifications to the requirements of Sec. 7.12.24 Universal Gateway District 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 modification 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 the Town of Leesburg's historic and architectural resources. This shall not prevent innovation and creativity in design that is in keeping with the Gateway District, as determined by the Preservation Planner or the Board of Architectural Review, as applicable. 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 the character of other buildings along the block and shall meet the base zoning 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. 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 appropriately designed buildings along the block. 18 Draft #5 Gateway District 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 Gateway District Standards. g. Purpose. The modification will not be contrary to the purpose and intent of Sec. 7.12.24 Universal Gateway District 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. 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