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HomeMy Public PortalAboutTLOA-2020-0002 and TLZM-2020-0004 Gateway DistrictDate of Meeting: July 2 , 2020 TOWN OF LEESBURG PLANNING COMMISSION POST-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 (Attachment 3) and the revised zoning text amendments (Attachment 2) and provide a recommendation to Town Council. 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 text amendment application TLOA-2020-0002, Gateway District, as depicted in Attachment 2 of the July 2, 2020 Planning Commission staff report 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 (Zoning Overlay and text amendment) Planning Commission Post-Public Hearing Staff Report July 2, 2020 Page 2 of 7 Denial I move that Zoning Ordinance text amendment application TLOA-2020-0002, Gateway District (Overlay), as depicted in Attachment 2 of the July 2, 2020 Planning Commission staff report 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 (Overlay) Approval I move that Official Zoning Map amendment application TLZM-2020-0004, Gateway District (Overlay) as depicted in Attachment 3 of the July 2, 2020 Planning Commission staff report, 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) as depicted in Attachment 3 of the July 2, 2020 Planning Commission staff report, 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: On June 18, 2020 the Planning Commission held a public hearing on the proposed text amendments to the Zoning Ordinance and the Official Zoning Map. One member of the public spoke generally in favor of the amendments but expressed concerns about three aspects of the ordinance, including the requirement of four-sided architecture. A written statement of the concerns was also transmitted to the Commission. The Commission closed the public hearing. Gateway District (Zoning Overlay and text amendment) Planning Commission Post-Public Hearing Staff Report July 2, 2020 Page 3 of 7 The Commissioners asked a series of questions and then instructed staff to return with more information on several topics. Staff noted that the H-2 Work Group would meet on June 24, 2020 and the issues raised by the Commission would be presented for consideration. The specific questions and the new information is presented below. Note that the H-2 Work Group has made recommendations as described below and in the attached Planning Commission Work Sheet. Amendments for Discussion: For a quick description of the various ordinance amendments and policies, and staff’s recommendations for each, see Attachment 1 - Planning Commission Worksheet. 1. Is the language requiring four-sided architecture in Sec. 7.12.24.B.1.a too strict and should it be amended? Analysis: As proposed the section states that all sides of a structure must have “similar” treatment which does not mean, and is not intended to mean, “identical” treatment. Past practice by the Board of Architectural Review (BAR) shows a recognition that a true back of house or loading/service area that is not visible to a public right-of-way is no t expected to have the same level of articulation that other, more visible facades should have. Staff believes practicality and a modification procedure provide sufficient flexibility. The Gateway Design Guidelines will also indicate the extent of the similarity intended. The H-2 Work Group recommended no changes to this language. 2. Are the modification criteria in Sec. 7.12.24.C.2 too demanding, and in particular, is the alternate materials language too strong to allow reasonable alternatives? Analysis: The modification criteria are designed to allow changes from the strict application of the building and site design standards where appropriate justification is made. Not all of the 10 approval criteria need to be met for the BAR to grant a modification, but an applicant needs to show that it can meet the criteria sufficiently in a particular case to allow the BAR to grant a modification. Looking at the specific criterion for Materials (Sec. 7.12.24.C.2.d) the H-2 Work Group believed changes could be made to clarify when alternate materials would be allowed and recommends the following text revisions: 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, compatible with the appearance, characteristics, and workmanship of traditional materials such as wood, brick or stone, similar to 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 3. Should the list of Changes to Approved Plans that the Preservation Planner can make be expanded? Gateway District (Zoning Overlay and text amendment) Planning Commission Post-Public Hearing Staff Report July 2, 2020 Page 4 of 7 Analysis: Sec. 7.12.22 sets out the types of changes that can be approved administratively by the Preservation Planner after the BAR has approved a Certificate of Appropriateness application. Concern was expressed by a member of the public that the list as originally proposed may be too limited. Staff agrees that it could be enlarged, with the benefit that more applications would be then be done administratively with less time from staff and the BAR. After reviewing the language, the H-2 Work Group recommended the following revisions that included some re- positioning of text in order to make the section easier to understand: 7.12.22 Change to Approved Plans after Issuance of Certificate of Appropriateness. Any minor alteration listed below may 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. The modification(s), both individually and cumulatively shall be in substantial conformance with the approved 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 including but not limited to: (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 affected façade; (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. Gateway District (Zoning Overlay and text amendment) Planning Commission Post-Public Hearing Staff Report July 2, 2020 Page 5 of 7 DC. 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. 4. Should the Lapse of Approval section (Sec. 7.12.20) be revised to extend the lapse period to 3 years instead of 2, and to clarify that extension requests must be in writing? Analysis: A suggestion was made that the duration of an approved COA could be expanded from two (2) years to three (3) years. The current two-year duration is consistent with the length of time for approved special exceptions and H-1 District approvals. The H-2 Work Group and staff believe the current time frame is adequate because two six-month extensions can be obtained for good cause shown, so no change to the duration is recommended. Another suggestion was that any extension should be in writing, and the Zoning Administrator should put his findings and decision in writing. This is the actual current practice and the revisions have been made as follows: 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 in writing to the Zoning Administrator proof of diligent pursuit of other necessary land development approvals. The Zoning Administrator shall set forth in writing the reasons for the grant or denial of any such extension request. 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. 5. Should landscaping should be permitted to screen mechanical equipment and not just masonry or fences? Analysis: Sec. 7.12.24.3.b specifies that ground-mounted mechanical equipment shall be screened by “a fence, or brick or masonry wall”. The question was raised whether this is too limiting, and whether the BAR should be able to find that landscaping can serve the purpose. Staff believes the enabling legislation may not authorize the BAR to require landscaping because it only gives them authority over “structures”. However, Sec. 7.12.24.C allows the BAR to modify this standard and if the equipment is otherwise screened from public view (such as by topography) there could be relief from the Gateway District (Zoning Overlay and text amendment) Planning Commission Post-Public Hearing Staff Report July 2, 2020 Page 6 of 7 wall/fence screening requirement. Staff also believes if the BAR may pass judgment on landscaping screens then this may have to be added to the Design Guidelines to give them criteria to follow. Nevertheless, draft language could be as follows: 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 generally 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. 6. Does the definition of “Maintenance” (Sec. 7.12.7.B.1) prohibit replacing a fence or structure existing on the day the ordinance is adopted with the same design and materials? Analysis: Concerns were expressed that the definition of “maintenance” in the text is not clear about what it includes and whether or not an existing fence could be replaced or would need a COA that conforms to the new Gateway District standards. The H-2 Work Group discussed this at length and clarified the definition by indicating that so long as there is not a change in the design or materials of the fence or structure, it can be reconstructed, even if it does not meet the new standards of the Gateway District. This is because it was existing prior to adoption of the Gateway District, and so it may be replaced by the same fence in perpetuity provided the design of the fence and the materials used are not altered. However, if there is any change in materials or the design, then the fence will be subject to the Gateway District standards and a COA must be obtained prior to construction. The following changes to the text are recommended to better define maintenance. Note that Sec. 7.12.3.D.1 Exemptions is also revised to remove the words “reconstruction” and “restoration” which are not defined and served to add some confusion to what is meant by “maintenance”. 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); 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, so long as there is no change in materials or design. Such maintenance repair shall be “in-kind repair” using the same materials, color, and design as the original structure. 7. Should the BAR referral process for rezonings and special exceptions be referenced in the text? Gateway District (Zoning Overlay and text amendment) Planning Commission Post-Public Hearing Staff Report July 2, 2020 Page 7 of 7 Analysis: The BAR has a process for reviewing rezoning and special exception applications that are in the H-1 and H-2 Districts to give the Planning Commission input on how the project meets the design guidelines for those districts. It is expected that the same process will be followed for projects in the Gateway District. After discussion, the H-2 Work Group recommended that reference to this process be made in TLZO Sections 3.3 Zoning Map Amendments (Rezonings) and 3.4 Special Exceptions instead of in the Gateway District. The reasons are that it is more appropriate in those sections and because the referral process review does not involve an actual COA application. 8. Should a definition of “Public Street” be added to the Gateway District definitions section? Analysis: The Gateway District includes references to “Public Street” in several locations. The question was should it be defined to explain what is meant by the term. However, the Zoning Ordinance already contains a definition for “Street” in TLZO Sec. 18.1.179 that provides clarification so the H-2 Work Group determined no additional definition was necessary. Administrative Review in the Gateway District (Fences and Sheds): The Commission raised questions about the operation of the Gateway District, particularly with regard to the impact of the 15-foot wide areas that are proposed on single-family residential lots. In Attachment 1 is a memo from Preservation Planner Lauren Murphy explaining administrative review, and which seeks to answer questions and provide additional information about how fences and sheds would be treated in the Gateway District. Draft Ordinance: In Attachment 2 are the proposed draft ordinance amendments as a result of input from the Planning Commission and the H-2 Work Group. Note that there are a few minor editorial changes suggested by H-2 Work Group members that are not described above. SECTIONS AMENDED BY THIS ORDINANCE REVISION Key to Text Used in this Report: • Text highlighted in yellow and underlined is proposed new language. • Text in red and with strikethrough is existing text proposed to be deleted. ________________________________________________________________________ Attachments: 1. Memo Administrative Review dated June 22, 2020 2. Revised Draft Zoning Ordinance Text Language 3. Overlay District Boundaries Memorandum To: H2 Work Group & Town of Leesburg Planning Commission From: Lauren E. Murphy, Preservation Planner Date: June 22, 2020 RE: Review of fences and sheds in Gateway District _____________________________________________________________________________ At the June 18, 2020 Planning Commission meeting during review of the proposed draft ordinance of the Gateway District, concern was expressed regarding the requirement to obtain a Certificate of Appropriateness (COA) for the construction of such projects within the Gateway District. New fences and sheds (of less than 400 square feet) in the new Gateway District qualify for administrative review if they are located within the boundary of the District. In the event that an application was submitted for a shed of more than 400 square feet, a review of the application by the Board of Architectural Review would be required. Note: staff does not anticipate a large volume of applications for sheds of larger than 400. Administrative COA Review: - Submission by property owner (or authorized party) which includes: o Single page COA application form and checklist materials for the project. o Minimum submission checklist: location, construction materials, and design. This can include a photo of a similar fence or a picture from the manufacturer of the shed. o Property owner authorization is required when the application is submitted by a 3rd party. o Applications can be submitted in person or electronically. - Note: There is no fee for Administrative applications. - Once submitted, applications are reviewed by the Preservation Planner for consistency with the Gateway District Guidelines. o 2019 average review time for administrative COAs: 5 calendar days. o Review by the Preservation Planner may include consultation with zoning staff to ensure consistency with zoning ordinance requirements (such as height of fences or setback of sheds). - Fences do not require zoning permits and therefore no further permit applications from Town of Leesburg are required. - Sheds require zoning permits approved by the Town (required regardless of location in any overlay district). o Per zoning staff: If the permit and submission information is complete, a permit can be issued the same day that it is submitted; however, if the application is incomplete it may take 2-5 days to issue the zoning permit. - Sheds larger than 250 square feet require building permits from Loudoun County (regardless of location in any overlay district). BAR COA Review: - In the event that a fence does not meet the Guidelines, the Preservation Planner may refer it to the BAR. There is no fee for the referral. To date, no fence applications in the existing historic districts have been referred to the BAR. - As noted above, sheds above 400 square feet do not qualify for administrative review and would therefore require BAR review if located within the new Gateway District. - The process for review of sheds larger than 400 square feet is as follows: o Single page COA application form and checklist materials for the project. o Minimum submission checklist: location, construction materials, and design. This can include a photo or a picture from the manufacturer of the shed. o Property owner authorization is required when the application is submitted by a 3rd party. o Applications can be submitted in person or electronically. - The fee for BAR review of sheds is $25.00. - Sheds require zoning permits approved by the Town (required regardless of location in any overlay district). o Per zoning staff: If the permit and submission information is complete, a permit can be issued the same day that it is submitted; however, if the application is incomplete it may take 2-5 days to issue the zoning permit. - Sheds larger than 250 square feet require building permits from Loudoun County (regardless of location in any overlay district). Repairs of Existing Structures: Finally, please note that existing fences and sheds in the Gateway district can be repaired (using the same materials as the existing structure) without any application to the Town as general maintenance and upkeep which does not require a COA. Examples of repair and maintenance include but may not be limited to: - Repairing cracked boards or broken hardware, - Replacing missing shingles, - Replacing broken boards or braces, - Re-staining, repainting or resealing. - In the event that the entire fence or shed requires replacement, or if a property owner desires a change in overall material or design, a COA should be requested as identified above. 1 Draft #6 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 as described below 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 #6 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 #6 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 #6 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, so long as there is no change in materials or design. 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. 5 Draft #6 Gateway District 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 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. 6 Draft #6 Gateway District 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. 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; 7 Draft #6 Gateway District 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. 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 8 Draft #6 Gateway District 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: 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 9 Draft #6 Gateway District 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. Contingent 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. 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 and (g) 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 10 Draft #6 Gateway District 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. 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. 11 Draft #6 Gateway District 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 in writing to the Zoning Administrator proof of diligent pursuit of other necessary land development approvals. The Zoning Administrator shall set forth in writing the reasons for the grant or denial of any such extension request. 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. Any minor alteration listed below may 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. The 12 Draft #6 Gateway District modification(s), both individually and cumulatively shall be in substantial conformance with the approved 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 including but not limited to: (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 affected façade; (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. DC. 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. 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. 13 Draft #6 Gateway District 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 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 generally in the form of a 14 Draft #6 Gateway District 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. 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. 15 Draft #6 Gateway District 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. 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: 16 Draft #6 Gateway District 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. 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 17 Draft #6 Gateway District 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. C. Modifications. Modifications to the requirements of Sec. 7.12.24 Universal Gateway District Standards for a submitted Certificate of Appropriateness application may be approved by the Board of Architectural Review as part of the Certificate of Appropriateness review process in accordance with the following requirements. 18 Draft #6 Gateway District 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, compatible with the appearance, characteristics, and workmanship of traditional materials such as wood, brick or stone, similar to 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. 19 Draft #6 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