City of Manassas, Virginia. Planning Commission Meeting AGENDA. Planning Commission Meeting

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1 City of Manassas, Virginia Planning Commission Meeting AGENDA Call to Order and Pledge of Allegiance - 7:30 p.m. Planning Commission Meeting 9027 Center Street Manassas, VA nd Floor Conference Room Wednesday, August 02, 2017 Roll Call and Determination of a Quorum 1. Approval of the Minutes 1.1 June 7, 2017 Planning Commission Meeting Minutes June 7, 2017 Draft Meeting Minutes 2. Election of Vice-Chairperson and Committee Appointments 3. Citizens Comments Other Than Agenda Items The citizens' comments portion of the agenda is set aside for those citizens who wish to address the Planning Commission for less than three minutes each on topics that are not scheduled for a public hearing. 4. Public Hearings 4.1 Special Use Permit # , Telecommunication Tower (9640 Liberia Avenue) (Staff: Kelly Davis, Senior Planner) Staff Report Attachment 2. Conditions Attachment 3. GDP and Elevations Attachment 4. Photo Simulations Attachment 5. Resolution Planning Commission Planning Commission Meeting August 02, 2017 Page 1 1

2 5. Other Business 5.1 Zoning Text Amendment #18-01 Zoning Ordinance Annual Updates (Staff: Matt Arcieri, AICP, Planning and Zoning Manager) Staff Memorandum Attachment 2. Draft Zoning Ordinance Technical Corrections Attachment 3. Small Cell Wireless Facilities - Virginia Acts of Assembly Chapter 835 Attachment 4. Short-Term Rental of Property - Virginia Acts of Assembly Chapter Monthly Update - Pending Land Use Cases (Staff: Matt Arcieri, AICP, Planning & Zoning Manager) Pending Land Use Cases - August 2017 Adjournment Planning Commission Planning Commission Meeting August 02, 2017 Page 2 2

3 MINUTES City of Manassas Planning Commission Public Hearing Meeting DRAFT June 7, :30 p.m. Members Present: Members Absent: Staff: Harry Clark Chairman Bruce Wood Vice-Chairman Ken Johnson Russell Harrison Robert Schilpp Elaine Trautwein Martha Wilson None Matthew Arcieri Planning & Zoning Services Manager Kelly Davis Senior Planner Donna Bellows Boards and Commissions Clerk CALL TO ORDER The Chairman called the meeting to order at 7:30 p.m. PLEDGE OF ALLEGIANCE DETERMINATION OF A QUORUM Clerk took the roll, and a quorum was determined. APPROVAL OF MINUTES May 3, 2017 Mr. Harrison motioned to approve the minutes as submitted. Mr. Johnson seconded the motion. The MOTION CARRIED UNANIMOUSLY BY VOICE VOTE. COMMITTEE REPORTS None CITIZENS COMMENT TIME (other than agenda items) No citizens came forward to speak. OTHER BUSINESS SD # Manassas Gateway Commercial/The Landing at Cannon Branch Mr. Arcieri stated that this commercial subdivision plat is part of the ongoing approval process for the City s Gateway project. The plat for the brewery meets all requirements of the City ordinance, and staff recommends approval of the case. 3

4 Planning Commission Minutes June 7, 2017 DRAFT - Page 2 Planning Commission Discussion None Mr. Wood motioned to recommend approval of SD # Ms. Trautwein seconded the motion. Roll Call by Clerk: Mr. Wood Ms. Trautwein Chairman Clark Mr. Harrison Mr. Johnson Mr. Schilpp Ms. Wilson Y Y Y Y Y Y Y The MOTION PASSED UNANIMOUSLY. Monthly Updates Pending Land Use Cases Mr. Arcieri informed the Commission of the approved and pending land use cases and stated that the July Planning Commission meeting is cancelled. Chairman Clark stated that he would attend the June 19 th City Council public hearing to represent the Commission s decision on SUP # , Mathis Investments LLC (Trucks Unlimited). Mr. Arcieri informed the Commission that the City has hired a transportation planner, and she will begin employment on June 26. Mr. Arcieri stated that the City submitted an application for a federal Land and Water Conservation Fund grant that has received preliminary approval. If approved, the City will receive the $500,000 grant to purchase the rear portion of the former Marstellar Middle School property for a new 11.4 acre park. He stated that Ms. Davis prepared the grant application. Mr. Arcieri notified the Commission that at the next Planning Commission meeting, there will be an election for a new vice chairman due to the vacancy left by Vice Chairman Wood. Chairman Clark presented Vice Chairman Wood with a Certificate of Appreciation. ADJOURNMENT Mr. Wood motioned to adjourn the meeting. The MOTION CARRIED UNANIMOUSLY BY VOICE VOTE and the meeting was adjourned at 7:46 p.m. Harry Clark, Chairman Donna Bellows, Planning Commission Clerk Date Date 4

5 CITY OF MANASSAS PLANNING COMMISSION STAFF REPORT TELECOMMUNICATION TOWER AT 9640 LIBERIA AVENUE SUP # Proposed Use: This is a request for a special use permit for a 30-foot Telecommunication Tower to be located on a replacement parking lot light. Location: The subject property is 9640 Liberia Avenue Wellington Road, located at the Sunoco gasoline station at the southwest corner of the intersection of Liberia Avenue and Signal Hill Road. Existing Zoning: B-4, General Commercial with proffers Parcel Size: 2.02 acres Comprehensive Plan Designation: Business Corridor and Gateways/Corridors Date Accepted for Review: May 19, 2017 Planning Commission Hearing: August 3,

6 MEMORANDUM CITY OF MANASSAS Department of Community Development SUP # , Telecommunication Tower 9640 Liberia Avenue Public Hearing Dates: Planning Commission: August 3, 2017 Recommendation: Staff: Approval OVERVIEW OF REQUEST Request: This is a request for a special use permit for a 30-foot Telecommunication Tower to be located on a replacement parking lot light. Surrounding Land Uses: Commercial Shopping Center Child Care Facility Restaurants Sunoco Gasoline Station Single-Family Residential Commercial Shopping Center Proposed Wireless Tower Commercial Shopping Center SUP # , Telecommunication Tower July 28, 2017 Page 2 6

7 Level of Service: Any level of service impacts related to this request would be mitigated by the conditions dated July 28, Public Comments: This case has been advertised in accordance with requirements of the Code of Virginia and the City of Manassas, including newspaper advertisement, adjacent property owner notification (a total of 10 mailings), and public hearing signs posted on the property. No comments have been received to date. STAFF RECOMMENDATION Staff finds that the applicant s proposal is consistent with the Comprehensive Plan and, with the proposed mitigating conditions, is compatible with adjacent land uses. Staff recommends approval of SUP # , Telecommunications Tower, as conditioned dated July 28, Staff: Kelly Davis, AICP Contact Information: , kdavis@manassasva.gov Attachments: 1. Staff Analysis 2. Conditions dated July 28, Generalized Development Plan (GDP) and Elevations 4. Photo Simulations 5. Draft Planning Commission Resolution Agency comments have been incorporated into Attachment 1. Staff Analysis. Application and preliminary agency comments are available at the Department of Community Development office (9027 Center Street, Room 202, Manassas, VA 20110) and can be provided upon request. SUP # , Telecommunication Tower July 28, 2017 Page 3 7

8 ATTACHMENT 1: STAFF ANALYSIS Background and History: The subject property located at 9640 Liberia Avenue currently operates as a Sunoco gas station and free standing car wash, subject to the conditions of SUP # Immediately adjacent and across the street from the gas station are retail stores and restaurants. Verizon Wireless proposes to remove and replace an existing 14-foot light pole with a new light pole that will have telecommunications antennas mounted at the top. The 30-foot replacement light pole will consist of one (1) small cell panel antenna which will be mounted inside an RFfriendly concealment canister. The replacement light will be remounted at the 14-foot level. Ancillary electrical equipment will be mounted on the exterior wall of the adjacent car wash building. The proposed equipment structure and equipment cabinets will be unmanned and will operate around the clock 365 days per year. The proposed site was selected to improve wireless coverage in the immediate area of the Signal Hill Shopping Center. In addition to improving coverage and therefore speed and reliability, the proposed site will offload demand from existing neighboring Verizon Wireless sites improving their efficiency and service while providing adequate overlapping coverage between sites. Comprehensive Plan Analysis: The subject property is located in the Business Corridor and Gateways/Corridors character area of the Comprehensive Plan. This request is consistent with the Comprehensive Plan and, with the proposed mitigating conditions, is compatible with adjacent land uses. Land Use Manassas will maintain its existing pattern of residential, commercial, and open space land uses, emphasize improved design principles, promote mixed uses compatible with existing neighborhoods, accommodate high quality infill and redevelopment where appropriate, and reinforce the unique and positive qualities of diverse neighborhoods. While the Comprehensive Plan does not directly address the siting of telecommunication facilities, the plan refers to the proper siting and design of any proposed development in order to mitigate potential impacts on the visual quality of the community. The design and scale of the proposed replacement pole structure address this goal by limiting visual impact on the Liberia Corridor and surrounding land uses. Photographic simulations (Attachment 4) demonstrate the appearance of the structure as viewed from surrounding properties. The visual impact of the proposed facility will be mitigated by installing the SUP # , Telecommunication Tower July 28, 2017 Page 4 8

9 antennas inside an opaque concealment box painted to match the existing light pole. Additionally, while the overall pole height is proposed to increase from 14 to 30 feet, the proposed 30-foot pole design is only nominally higher than the 27.8-foot City street lights along Liberia Avenue. Attachment 3 (GDP, page Z-1) provides heights for light poles in proximity to the proposed facility. Goal/Objective/Strategy Chapter 3: Land Use (Comprehensive Plan) Strategy 3.2.1: Assess development or redevelopment impacts on the visual quality, mobility and cohesiveness of the community, and additional factors that otherwise define its character. Staff Analysis The design and scale of the proposed telecommunications facility limit visual impacts on surrounding properties. Equipment will be concealed within an opaque canister, and the pole height is nominally higher than the existing Liberia Avenue street lights. Economic Development Manassas will have a strong and diverse economy that provides quality jobs, meets the retail needs of the community, attracts new residents, and creates tourism opportunities, while generating revenues that provide for superior public services and facilities. The Department of Economic Development has no comments on the proposed use. Mobility Manassas will have a safe, efficient, multi-modal transportation system with streets sufficient to support businesses and residents, providing public transportation and pedestrian- and bicyclefriendly facilities, while being sensitive to the design context of the City and its neighborhoods. The Department of Public Works has no concerns relating to transportation. A traffic impact analysis was not required for this project. Public Safety Public Safety: Manassas City provides premier police, fire and rescue services and facilities, protecting the lives and property of our citizens with well-trained and equipped personnel closely engaged with the community. The City is prepared to respond to and protect against natural and man-made disasters and threats. The Police Department and Fire Marshal s Office expressed no issues or concerns with the proposed use. SUP # , Telecommunication Tower July 28, 2017 Page 5 9

10 Utilities Public Utilities: City of Manassas utilities are well-maintained to provide quality, dependable service to our citizens and are carefully planned to support economic development with sufficient system capacity to meet anticipated long-term growth in an environmentally sensitive manner. The Departments of Engineering and Utilities expressed no issues or concerns regarding utilities for the proposed use. Environment Manassas will manage the impact of growth and development to protect and preserve the natural environment in such a way as to ensure long range environmental health and sustainability. The facility will replace an existing parking lot light pole. There will be minimal land disturbance and no tree removal or intrusion of environmentally sensitive area. PROPOSED CONDITIONS Overview: The conditions, as proposed, would permit the telecommunication tower and establish the proposed GDP as the approved plan for the area. Additional mitigating conditions of the SUP are as follows: - Condition #3 limits the height of the telecommunication tower to 30 feet. - Although existing landscaping is not anticipated to be impacted as part of this project, Condition #5 requires any landscaping impacted during site disturbance to be replaced in kind. - Condition #6 prohibits wall signage or freestanding signage on the tower, equipment shelter, or fencing. Standard warning and security signage would still be permitted. - Condition #7 requires the removal of the telecommunications facility at the termination of the lease with the property owner or, if the facility is no longer used for a continuous period of 90 calendar days. SUP # , Telecommunication Tower July 28, 2017 Page 6 10

11 Special Use Permit Conditions SUP# , Telecommunication Tower 9640 Liberia Avenue July 25, 2017 In addition to compliance with all applicable zoning, subdivision, and Design & Construction Standards Manual (DCSM) requirements, the development and use of the designated property shall be subject to the following conditions: 1. This special use permit is for a Telecommunication Tower. 2. The site, subject to final engineering, shall be developed and operated in substantial conformance with the Generalized Development Plan (the GDP ) entitled Site Plan and Equipment Plan, sheets Z-1 and C-1, prepared by NB+C Engineering Services, LLC. and dated July 13, The height of the telecommunication tower shall not exceed 30 feet. 4. The design of the tower, subject to minor modifications for final engineering, shall be a replacement light pole design in substantial conformance to the elevations entitled Equipment Elevation and Existing and Proposed Elevations, sheets C-1 and C-2, prepared by NB+C Engineering Services, LLC. and dated July 13, The materials and colors of the replacement light pole will be consistent with the existing light pole. 5. Landscaping impacted during site disturbance shall be replaced in kind prior to bond release. 6. No wall signage or freestanding signage shall be permitted on any structure, including the replacement light pole and equipment shelters. 7. The Applicant shall remove the facility from its specific location as shown on the GDP at the termination of the lease with the property owner or during the term of the lease, if the facility is no longer used for telecommunications purposes for a continuous period of 90 calendar days. 8. A copy of the conditions for this special use permit shall be included with any lease agreements and with any permit application submitted to the City of Manassas. 9. The use of this property shall be in compliance with all federal, state, and local ordinances. Matthew D. Arcieri, Zoning Administrator Date SUP # , Telecommunication Tower July 25, 2017 Page 1 of 2 11

12 This signature certifies that these conditions were approved by the Manassas City Council as part of the above referenced special use permit. SUP # , Telecommunication Tower July 25, 2017 Page 2 of 2 12

13 SCOPE OF WORK: SITE ADDRESS: LATITUDE (NAD 83): LONGITUDE (NAD 83): JURISDICTION: OWNER: DEED REFERENCE: ACCOUNT ID: STRUCTURE TYPE: ANTENNA/ EQUIPMENT LOCATION: STRUCTURE HEIGHT: PARCEL AREA: ZONING CLASSIFICATION: CONSTRUCTION TYPE: APPLICANT: ENGINEERING FIRM: SITE INFORMATION PROJECT CONSISTS OF REPLACING EXISTING LIGHT POLE WITH NEW LIGHT POLE AND INSTALLING TELECOMMUNICATIONS EQUIPMENT AND ANTENNAS ON NEW LIGHT POLE LIBERIA AVENUE MANASSAS, VA CITY OF MANASSAS NAV YUG LLC 9640 LIBERIA AVE MANASSAS, VA / C1 LIGHT POLE LIGHT POLE 30'-0" 2.02 ± ACRES B4 IIB PROJECT TEAM VERIZON WIRELESS 7600 MONTPELIER ROAD LAUREL, MD (301) NB+C ENGINEERING SERVICES, LLC MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD (410) SCALE: 1" = 500' verizon SIGNAL HILL SHOPPING CENTER (DAVID FORD CROSSING) 9640 LIBERIA AVENUE MANASSAS, VA CITY OF MANASSAS 2012 VIRGINIA UNIFORM STATEWIDE BUILDING CODE 2012 VIRGINIA CONSTRUCTION CODE 2011 NATIONAL ELECTRICAL CODE VICINITY MAP CODE COMPLIANCE NATIONAL ELECTRICAL SAFETY CODE, LATEST EDITION 2009 NFPA 101, LIFE SAFETY CODE 2009 INTERNATIONAL FIRE CODE DOMINION STANDARDS SITE DIRECTIONS DIRECTIONS FROM 7600 MONTPELIER ROAD: DEPART MONTPELIER RD TOWARD JOHNS HOPKINS RD. TURN LEFT ONTO JOHNS HOPKINS RD. TAKE RAMP RIGHT FOR US-29 SOUTH TOWARD WASHINGTON. TAKE RAMP RIGHT FOR I-495 WEST TOWARD BETHESDA / NORTHERN VIRGINIA. AT EXIT 49, TAKE RAMP RIGHT FOR I-66 WEST TOWARD FRONT ROYAL. AT EXIT 53A, TAKE RAMP RIGHT FOR VA-28 SOUTH TOWARD CENTREVILLE. TURN LEFT ONTO LIBERIA AVE. TURN RIGHT ONTO SIGNAL HILL RD. TURN LEFT ONTO PRIVATE ROAD. ARRIVE AT DESTINATION ON THE LEFT. ALL WORK AND MATERIALS SHALL BE PERFORMED AND INSTALLED IN ACCORDANCE WITH THE CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THE LOCAL GOVERNING AUTHORITIES. NOTHING IN THESE PLANS IS TO BE CONSTRUED TO PERMIT WORK NOT CONFORMING TO THE LATEST EDITIONS OF THE FOLLOWING CODES. AMERICAN CONCRETE INSTITUTE ANSI/T 311 FAIRFAX STRUCTURAL DESIGN LOADS AND RELATED FACTORS GROUND SNOW LOAD = 25 PSF BASIC WIND SPEED = 90 MPH EARTHQUAKE SPECTRAL RESPONSE ACCELERATIONS SS = 0.16 AND S1 = T-1 Z-1 C-1 C-2 THESE DRAWINGS ARE FORMATTED TO BE FULL-SIZE AT 24"X36". CONTRACTOR SHALL VERIFY ALL PLANS AND EXISTING DIMENSIONS AND CONDITIONS ON THE JOB SITE AND SHALL IMMEDIATELY NOTIFY THE DESIGNER / ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THE WORK OR MATERIAL ORDERS OR BE RESPONSIBLE FOR THE SAME. CONTRACTOR SHALL USE BEST MANAGEMENT PRACTICE TO PREVENT STORM WATER POLLUTION DURING CONSTRUCTION. PROPERTY OWNER SITE ACQUISITION CONSTRUCTION MANAGER ZONING RF ENGINEER TITLE SHEET SITE PLAN DRAWING INDEX EQUIPMENT PLAN & ELEVATION EXISTING & PROPOSED ELEVATIONS DO NOT SCALE DRAWINGS APPROVAL BLOCK DATE DATE DATE DATE DATE APPROVED APPROVED AS NOTED R DISAPPROVED/ REVISE APPLICANT ENGINEER PROFESSIONAL STAMP DESIGN RECORD SITE INFORMATION SHEET NUMBER SHEET TITLE ENGINEER REV NB+C ENGINEERING SERVICES, LLC. DATE 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD (410) verizon 7600 MONTPELIER ROAD LAUREL, MD (301) SIGNAL HILL SHOPPING CENTER (DAVID FORD CROSSING) 9640 LIBERIA AVENUE MANASSAS, VA CITY OF MANASAS , REVISIONS 2 07/13/17 REVISED PER COMMENTS JRP 1 06/29/17 REVISED PER COMMENTS JRP 0 04/25/17 PERMIT DWGS CES DESCRIPTION No /13/17 TITLE SHEET T-1 BY PHILIP BURTNER, P.E. VA PROFESSIONAL ENGINEER LIC. #

14 JURISDICTION: CITY OF MANASSAS ZONING: B4 DIMENSION EXISTING ± PROPOSED ± FRONT YARD SETBACK: N/A 266.0' SIDE YARD SETBACK: N/A 84.0' SIDE YARD SETBACK: N/A 217.0' REAR YARD SETBACK: N/A 59.0' LOT AREA: 2.02 ± ACRES (ALL MEASUREMENTS ARE IN FEET ± UNLESS OTHERWISE NOTED) NOTES: 1) SITE PLAN IS THE RESULT OF A FIELD SURVEY AND LOCAL GIS INFORMATION COMBINED. SURVEY CONDUCTED BY POINT TO POINT SURVEY COMPANY. 2) ALL SETBACKS SHOWN ARE FROM PROPOSED LIGHT POLE TO EXISTING PROPERTY LINES. APPLICANT ENGINEER NB+C ENGINEERING SERVICES, LLC MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD (410) verizon 7600 MONTPELIER ROAD LAUREL, MD (301) NAV YUG LLC 9640 LIBERIA AVENUE MANASSAS, VA TAX ACCOUNT #: C1 ZONING: B4 AREA: 2.02 ± ACRES X X PROFESSIONAL STAMP DESIGN RECORD SITE INFORMATION SIGNAL HILL SHOPPING CENTER (DAVID FORD CROSSING) 9640 LIBERIA AVENUE MANASSAS, VA CITY OF MANASAS , REV DATE REVISIONS 2 07/13/17 REVISED PER COMMENTS JRP 1 06/29/17 REVISED PER COMMENTS JRP 0 04/25/17 PERMIT DWGS CES DESCRIPTION No /29/17 BY 1 SITE PLAN SCALE: 1" = 20' Z-1 GRAPHIC SCALE (IN FEET) 1 INCH = 20 FEET SHEET NUMBER SHEET TITLE ENGINEER PHILIP BURTNER, P.E. VA PROFESSIONAL ENGINEER LIC. # SITE PLAN Z-1 14

15 APPLICANT ENGINEER NB+C ENGINEERING SERVICES, LLC MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD (410) verizon 7600 MONTPELIER ROAD LAUREL, MD (301) C-1 EQUIPMENT ELEVATION SCALE: 1/2" = 1'-0" GRAPHIC SCALE (IN FEET) 1 INCH = 2 FEET PROFESSIONAL STAMP DESIGN RECORD SITE INFORMATION SIGNAL HILL SHOPPING CENTER (DAVID FORD CROSSING) 9640 LIBERIA AVENUE MANASSAS, VA CITY OF MANASAS , REV DATE REVISIONS 2 07/13/17 REVISED PER COMMENTS JRP 1 06/29/17 REVISED PER COMMENTS JRP 0 04/25/17 PERMIT DWGS CES DESCRIPTION No /13/17 BY 3 C-1 EQUIPMENT PLAN SCALE: 1" = 5'-0" GRAPHIC SCALE (IN FEET) 1 INCH = 5 FEET SHEET NUMBER SHEET TITLE ENGINEER PHILIP BURTNER, P.E. VA PROFESSIONAL ENGINEER LIC. # EQUIPMENT PLAN & ELEVATION C-1 15

16 APPLICANT ENGINEER NB+C ENGINEERING SERVICES, LLC MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD (410) verizon 7600 MONTPELIER ROAD LAUREL, MD (301) PROFESSIONAL STAMP DESIGN RECORD SITE INFORMATION SIGNAL HILL SHOPPING CENTER (DAVID FORD CROSSING) 9640 LIBERIA AVENUE MANASSAS, VA CITY OF MANASAS , REV DATE REVISIONS 2 07/13/17 REVISED PER COMMENTS JRP 1 06/29/17 REVISED PER COMMENTS JRP 0 04/25/17 PERMIT DWGS CES DESCRIPTION No /13/17 BY 1 C-1 EXISTING ELEVATION SCALE: 1/4" = 1'-0" GRAPHIC SCALE (IN FEET) 1 INCH = 4 FEET 2 C-1 PROPOSED ELEVATION SCALE: 1/4" = 1'-0" GRAPHIC SCALE (IN FEET) 1 INCH = 4 FEET SHEET NUMBER SHEET TITLE ENGINEER PHILIP BURTNER, P.E. VA PROFESSIONAL ENGINEER LIC. # EXISTING & PROPOSED ELEVATIONS C-2 16

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23 PLANNING COMMISION RESOLUTION Re: SUP # , Telecommunication Tower 9640 Liberia Avenue WHEREAS, the City of Manassas Planning Commission held a public hearing for Special Use Permit # on August 2, 2017, to allow a telecommunication tower to be located on a replacement parking lot light as depicted on the generalized development plan; and WHEREAS, the Commission has heard from the City staff, and the public with regards to this land use matter; and WHEREAS, approval of the special use permit is not projected to have an adverse impact on the community, provided the reasonable recommended conditions are followed; and WHEREAS, the application is found to be consistent with the Comprehensive Plan and compatible with existing, adjacent land uses and patterns of development. NOW THEREFORE BE IT RESOLVED, that the Planning Commission hereby RECOMMENDS APPROVAL of SUP # , as conditioned. Harry J. Clark Chairperson Date 23

24 MEMORANDUM CITY OF MANASSAS Department of Community Development Phone: Fax: TO: FROM: Planning Commission Matthew D. Arcieri, AICP, Planning & Zoning Manager DATE: July RE: Zoning Ordinance Annual Updates As a follow-up to the completion of the City s comprehensive zoning ordinance update, staff recommends that the City annually review the ordinance to make technical corrections and updates, and to ensure the code remains in compliance with current requirements of state and federal laws and regulations. The attached resolution will initiate the review of proposed changes to the ordinance as follows: 1. To review recently enacted state legislation for Small-Cell Wireless Facilities (Chapter 835) and Short-Term Rental of Property (Chapter 741). 2. To make technical corrections to requirements for accessory lot coverage (Sec (c)), non-conforming lots (Sec (c)), parking for professional personal service uses (Sec , Table 1), and height waivers for SUP and utility uses in residential zoning districts (Sec (e), Sec (e), Sec (e), Sec (g), and Sec (f)) Following adoption of the resolution, staff recommends referring these updates to the ZORC for review in September, followed by Planning Commission review in October. Attachment: 1. Draft Planning Commission Resolution 2. Draft Zoning Ordinance Technical Corrections 3. Small Cell Wireless Facilities - Virginia Acts of Assembly Chapter Short-Term Rental of Property - Virginia Acts of Assembly Chapter

25 Attachment 2. Draft Zoning Ordinance Technical Corrections ARTICLE III. GENERAL REGULATIONS DIVISION 1. DEVELOPMENT STANDARDS Sec Requirements for accessory structures. (c) The lot coverage of an accessory structure or cumulative total of all accessory structures shall not exceed 40 percent of the lot coverage of the principal structure building on the lot. ARTICLE V. NONCONFORMING USES, LOTS, AND STRUCTURES Sec Nonconforming lots. (c) No building or structure may be reconstructed, altered, or expanded on a nonconforming lot unless: (1) The reconstruction, alteration, or expansion does not increase the nonconformity of the existing lot, (1)(2) Such lot is consolidated with one or more adjacent lots that reduce or eliminate the nonconformity of the lot, or (2)(3) A variance is granted for the reconstruction, alteration, or expansion. ARTICLE VI. PARKING AND LOADING REQUIREMENTS , TABLE 1: MINIMUM OFF-STREET PARKING REQUIREMENTS LAND USES SPECIAL DISTRICTS DU = Dwelling Unit SF = Building s Gross Square Feet REQUIRED OFF- STREET PARKING DOWNTOWN* *For B-3 Zoning See (b) MANASSAS LANDING, MATHIS CORRIDOR, HOSPITAL/SUDLEY EXCEPTIONS/ COMMENTS/ ADDITIONAL REQUIREMENTS Personal Improvement Service or Professional Personal Service 1 per SF 1 per 1, SF 1 per SF 25

26 ARTICLE VIII. ZONING DISTRICTS DIVISION 2. RESIDENTIAL DISTRICTS Sec R-1 low density, single-family residential. (e) Maximum structure height: (1) No structure shall be greater than 35 feet in height. Uses permitted by a special use permit and public utility uses may exceed this height subject to approval of a special use permit in accordance with Article IX of this chapter. (2) Accessory structure height, see Sec R-2 moderate density, single-family residential. (e) Maximum structure height: (1) No structure shall be greater than 35 feet in height. Uses permitted by a special use permit and public utility uses may exceed this height subject to approval of a special use permit in accordance with Article IX of this chapter. (2) Accessory structure height, see Sec R-2-S small lots, single-family residential. (e) Maximum structure height: (1) No structure shall be greater than 35 feet in height. Uses permitted by a special use permits and public utility uses may exceed this height subject to approval of a special use permit in accordance with Article IX of this chapter. (2) Accessory structure height, see Sec R-3 townhouses. (g) Maximum structure height: (1) No principal structure shall be greater than 35 feet in height. Uses permitted by a special use permit and public utility uses may exceed this height subject to approval of a special use permit in accordance with Article IX of this chapter. (2) No accessory structure shall be greater than eight and one-half feet in height. (3) No homeowner s association private community recreational use shall be greater than 35 feet in height. (4) Accessory structures shall not exceed 50 percent of the height of the principal structure. 26

27 Sec R-5 multifamily. (f) Maximum structure height: (1) No principal structure shall be greater than 45 feet in height. Uses permitted by a special use permit and public utility uses may exceed this height subject to approval of a special use permit in accordance with Article IX of this chapter. (2) No homeowner s association private community recreational use shall be greater than 45 feet in height. (3) Accessory structures shall not exceed 50 percent of the height of the principal structure. 27

28 VIRGINIA ACTS OF ASSEMBLY RECONVENED SESSION CHAPTER 835 An Act to amend the Code of Virginia by adding in Chapter 22 of Title 15.2 an article numbered 7.2, consisting of sections numbered , , and , and by adding in Title 56 a chapter numbered 15.1, consisting of sections numbered through , relating to wireless communications infrastructure. Approved April 26, 2017 [S 1282] Be it enacted by the General Assembly of Virginia: 1. That the Code of Virginia is amended by adding in Chapter 22 of Title 15.2 an article numbered 7.2, consisting of sections numbered , , and , and by adding in Title 56 a chapter numbered 15.1, consisting of sections numbered through , as follows: Article 7.2. Zoning for Wireless Communications Infrastructure Definitions. As used in this article, unless the context requires a different meaning: "Antenna" means communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services. "Base station" means a station that includes a structure that currently supports or houses an antenna, transceiver, coaxial cables, power cables, or other associated equipment at a specific site that is authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies, and other associated electronics. "Co-locate" means to install, mount, maintain, modify, operate, or replace a wireless facility on, under, within, or adjacent to a base station, building, existing structure, utility pole, or wireless support structure. "Co-location" has a corresponding meaning. "Department" means the Department of Transportation. "Existing structure" means any structure that is installed or approved for installation at the time a wireless services provider or wireless infrastructure provider provides notice to a locality or the Department of an agreement with the owner of the structure to co-locate equipment on that structure. "Existing structure" includes any structure that is currently supporting, designed to support, or capable of supporting the attachment of wireless facilities, including towers, buildings, utility poles, light poles, flag poles, signs, and water towers. "Micro-wireless facility" means a small cell facility that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, not longer than 11 inches. "Small cell facility" means a wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet and (ii) all other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as is established by the Federal Communications Commission. The following types of associated equipment are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation boxes, back-up power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services. "Utility pole" means a structure owned, operated, or owned and operated by a public utility, local government, or the Commonwealth that is designed specifically for and used to carry lines, cables, or wires for communications, cable television, or electricity. "Water tower" means a water storage tank, or a standpipe or an elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water. "Wireless facility" means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (i) equipment associated with wireless services, such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul, and (ii) radio transceivers, antennas, coaxial, or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. "Wireless infrastructure provider" means any person that builds or installs transmission equipment, wireless facilities, or wireless support structures, but that is not a wireless services provider. "Wireless services" means (i) "personal wireless services" as defined in 47 U.S.C. 332(c)(7)(C)(i); 28

29 2 of 6 (ii) "personal wireless service facilities" as defined in 47 U.S.C. 332(c)(7)(C)(ii), including commercial mobile services as defined in 47 U.S.C. 332(d), provided to personal mobile communication devices through wireless facilities; and (iii) any other fixed or mobile wireless service, using licensed or unlicensed spectrum, provided using wireless facilities. "Wireless services provider" means a provider of wireless services. "Wireless support structure" means a freestanding structure, such as a monopole, tower, either guyed or self-supporting, or suitable existing structure or alternative structure designed to support or capable of supporting wireless facilities. "Wireless support structure" does not include any telephone or electrical utility pole or any tower used for the distribution or transmission of electrical service Zoning; small cell facilities. A. A locality shall not require that a special exception, special use permit, or variance be obtained for any small cell facility installed by a wireless services provider or wireless infrastructure provider on an existing structure, provided that the wireless services provider or wireless infrastructure provider (i) has permission from the owner of the structure to co-locate equipment on that structure and (ii) notifies the locality in which the permitting process occurs. B. Localities may require administrative review for the issuance of any required zoning permits for the installation of a small cell facility by a wireless services provider or wireless infrastructure provider on an existing structure. Localities shall permit an applicant to submit up to 35 permit requests on a single application. In addition: 1. A locality shall approve or disapprove the application within 60 days of receipt of the complete application. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the locality shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. Any disapproval of the application shall be in writing and accompanied by an explanation for the disapproval. The 60-day period may be extended by the locality in writing for a period not to exceed an additional 30 days. The application shall be deemed approved if the locality fails to act within the initial 60 days or an extended 30-day period. 2. A locality may prescribe and charge a reasonable fee for processing the application not to exceed: a. $100 each for up to five small cell facilities on a permit application; and b. $50 for each additional small cell facility on a permit application. 3. Approval for a permit shall not be unreasonably conditioned, withheld, or delayed. 4. The locality may disapprove a proposed location or installation of a small cell facility only for the following reasons: a. Material potential interference with other pre-existing communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities; b. The public safety or other critical public service needs; c. Only in the case of an installation on or in publicly owned or publicly controlled property, excluding privately owned structures where the applicant has an agreement for attachment to the structure, aesthetic impact or the absence of all required approvals from all departments, authorities, and agencies with jurisdiction over such property; or d. Conflict with an applicable local ordinance adopted pursuant to , or pursuant to local charter on a historic property that is not eligible for the review process established under 54 U.S.C Nothing shall prohibit an applicant from voluntarily submitting, and the locality from accepting, any conditions that otherwise address potential visual or aesthetic effects resulting from the placement of small cell facilities. 6. Nothing in this section shall preclude a locality from adopting reasonable rules with respect to the removal of abandoned wireless support structures or wireless facilities. C. Notwithstanding anything to the contrary in this section, the installation, placement, maintenance, or replacement of micro-wireless facilities that are suspended on cables or lines that are strung between existing utility poles in compliance with national safety codes shall be exempt from locality-imposed permitting requirements and fees Moratorium prohibited. A locality shall not adopt a moratorium on considering zoning applications submitted by wireless services providers or wireless infrastructure providers. CHAPTER WIRELESS COMMUNICATIONS INFRASTRUCTURE Definitions. As used in this chapter, unless the context requires a different meaning: "Antenna" means communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services. "Co-locate" means to install, mount, maintain, modify, operate, or replace a wireless facility on, 29

30 3 of 6 under, within, or adjacent to a base station, building, existing structure, utility pole, or wireless support structure. "Co-location" has a corresponding meaning. "Department" means the Department of Transportation. "Districtwide permit" means a permit granted by the Department to a wireless services provider or wireless infrastructure provider that allows the permittee to use the rights-of-way under the Department's jurisdiction to install or maintain small cell facilities on existing structures in one of the Commonwealth's nine construction districts. A districtwide permit allows the permittee to perform multiple occurrences of activities necessary to install or maintain small cell facilities on non-limited access right-of-way without obtaining a single use permit for each occurrence. The central office permit manager shall be responsible for the issuance of all districtwide permits. The Department may authorize districtwide permits covering multiple districts. "Existing structure" means any structure that is installed or approved for installation at the time a wireless services provider or wireless infrastructure provider provides notice to a locality or the Department of an agreement with the owner of the structure to co-locate equipment on that structure. "Existing structure" includes any structure that is currently supporting, designed to support, or capable of supporting the attachment of wireless facilities, including towers, buildings, utility poles, light poles, flag poles, signs, and water towers. "Micro-wireless facility" means a small cell facility that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, not longer than 11 inches. "Small cell facility" means a wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet and (ii) all other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as is established by the Federal Communications Commission. The following types of associated equipment are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation boxes, ground-based enclosures, back-up power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services. "Utility pole" means a structure owned, operated, or owned and operated by a public utility, local government, or the Commonwealth that is designed specifically for and used to carry lines, cables, or wires for communications, cable television, or electricity. "Water tower" means a water storage tank, or a standpipe or an elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water. "Wireless facility" means equipment at a fixed location that enables wireless services between user equipment and a communications network, including (i) equipment associated with wireless services, such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul, and (ii) radio transceivers, antennas, coaxial, or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. "Wireless infrastructure provider" means any person, including a person authorized to provide telecommunications service in the state, that builds or installs transmission equipment, wireless facilities, or wireless support structures, but that is not a wireless services provider. "Wireless services" means (i) "personal wireless services" as defined in 47 U.S.C. 332(c)(7)(C)(i); (ii) "personal wireless service facilities" as defined in 47 U.S.C. 332(c)(7)(C)(ii), including commercial mobile services as defined in 47 U.S.C. 332(d), provided to personal mobile communication devices through wireless facilities; and (iii) any other fixed or mobile wireless service, using licensed or unlicensed spectrum, provided using wireless facilities. "Wireless services provider" means a provider of wireless services. "Wireless support structure" means a freestanding structure, such as a monopole, tower, either guyed or self-supporting, or suitable existing structure or alternative structure designed to support or capable of supporting wireless facilities. "Wireless support structure" does not include any telephone or electrical utility pole or any tower used for the distribution or transmission of electrical service Access to the public rights-of-way by wireless services providers and wireless infrastructure providers; generally. A. No locality or the Department shall impose on wireless services providers or wireless infrastructure providers any restrictions or requirements concerning the use of the public rights-of-way, including the permitting process, the zoning process, notice, time and location of excavations and repair work, enforcement of the statewide building code, and inspections, that are unfair, unreasonable, or discriminatory. B. No locality or the Department shall require a wireless services provider or wireless infrastructure provider to provide in-kind services or physical assets as a condition of consent to use public rights-of-way or easements. This shall not limit the ability of localities, their authorities or commissions 30

31 4 of 6 that provide utility services, or the Department to enter into voluntary pole attachment, tower occupancy, conduit occupancy, or conduit construction agreements with wireless services providers or wireless infrastructure providers. C. No locality or the Department shall adopt a moratorium on considering requests for access to the public rights-of-way from wireless services providers or wireless infrastructure providers Access to public rights-of-way operated and maintained by the Department for the installation and maintenance of small cell facilities on existing structures. A. Upon application by a wireless services provider or wireless infrastructure provider, the Department shall issue a districtwide permit, consistent with applicable regulations that do not conflict with this chapter, granting access to public rights-of-way that it operates and maintains to install and maintain small cell facilities on existing structures in the rights-of-way. The application shall include a copy of the agreement under which the applicant has permission from the owner of the structure to the co-location of equipment on that structure. If the application is received on or after September 1, 2017, (i) the Department shall issue the districtwide permit within 30 days after receipt of the application and (ii) the districtwide permit shall be deemed granted if not issued within 30 days after receipt of the complete application. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the Department shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. A districtwide permit issued for the original installation shall allow the permittee to repair, replace, or perform routine maintenance operations to small cell facilities once installed. B. The Department may require a separate single use permit to allow a wireless services provider or wireless infrastructure provider to install and maintain small cell facilities on an existing structure when such activity requires (i) working within the highway travel lane or requiring closure of a highway travel lane; (ii) disturbing the pavement, shoulder, roadway, or ditch line; (iii) placement on limited access rights-of-way; or (iv) any specific precautions to ensure the safety of the traveling public or the protection of public infrastructure or the operation thereof. Upon application by a wireless services provider or wireless infrastructure provider, the Department may issue a single use permit granting access to install and maintain small cell facilities in such circumstances. If the application is received on or after September 1, 2017, (a) the Department shall approve or disapprove the application within 60 days after receipt of the application, which 60-day period may be extended by the Department in writing for a period not to exceed an additional 30 days and (b) the application shall be deemed approved if the Department fails to approve or disapprove the application within the initial 60 days and any extension thereof. Any disapproval of an application for a single use permit shall be in writing and accompanied by an explanation of the reasons for the disapproval. C. The Department shall not impose any fee for the use of the right-of-way on a wireless services provider or wireless infrastructure provider to attach or co-locate small cell facilities on an existing structure in the right-of-way. However, the Department may prescribe and charge a reasonable fee not to exceed $750 for processing an application for a districtwide permit or $150 for processing an application for a single use permit. D. The Department shall not impose any fee or require a permit for the installation, placement, maintenance, or replacement of micro-wireless facilities that are suspended on cables or lines that are strung between existing utility poles in compliance with national safety codes. However, the Department may require a single use permit if such activities (i) involve working within the highway travel lane or require closure of a highway travel lane; (ii) disturb the pavement, shoulder, roadway, or ditch line; (iii) include placement on limited access rights-of-way; or (iv) require any specific precautions to ensure the safety of the traveling public or the protection of public infrastructure or the operation thereof, and either were not authorized in or will be conducted in a time, place, or manner that is inconsistent with terms of the existing permit for that facility or the structure upon which it is attached Access to locality rights-of-way for installation and maintenance of small cell facilities on existing structures. A. Upon application by a wireless services provider or wireless infrastructure provider, a locality may issue a permit granting access to the public rights-of-way it operates and maintains to install and maintain small cell facilities on existing structures. Such a permit shall grant access to all rights-of-way in the locality for the purpose of installing small cell facilities on existing structures, provided that the wireless services provider or wireless infrastructure provider (i) has permission from the owner of the structure to co-locate equipment on that structure and (ii) provides notice of the agreement and co-location to the locality. The locality shall approve or disapprove any such requested permit within 60 days of receipt of the complete application. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the locality shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. Any disapproval shall be in writing and accompanied by an explanation for the disapproval. The 60-day period may be extended by the locality in writing for a period not to exceed an additional 30 days. The permit request shall be deemed approved if the locality fails to act within the initial 60 days or an extended 30-day period. No such permit shall be required for providers 31