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Planning Commiss ionPlanning Commiss ion MeetingSeptember 05, 2018Page | 1

City of Manassas, VirginiaPlanning Commission Meeting

AGENDA

Planning Commission Meeting9027 Center Street

Manassas, VA 20110City Hall Council Chambers - 1st Floor

Wednesday, September 05, 2018

Call to Order and Pledge of Allegiance - 7:30 p.m.

Roll Call and Determination of a Quorum

1. Approval of the Minutes

1.1 May 2, 2018 Draft Meeting MinutesMay 2, 2018 Draft Meeting Minutes

2. Citizens’ Comments – Other Than Agenda Items

The citizens' comments portion of the agenda is set aside for those citizens who wish toaddress the Planning Commission for less than three minutes each on topics that are notscheduled for a public hearing.

3. Public Hearings

3.1 SUP #2018-10: Dean Drive Telecommunications Tower9723 Dean DriveStaff: Kelly Davis, AICP, Senior PlannerSUP 2018-2010 Staff ReportAttachment 2. Conditions dated August 30, 2018Attachment 3. GDP and ElevationsAttachment 4. FAA DeterminationAttachment 5. PhotosimulationsAttachment 6. Community Outreach SummaryAttachment 7. Planning Commission Resolution

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/230456/5.2.18_Draft.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/233056/SUP_2018-2010_Staff_Report.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/233057/Attachment_2._Conditions_dated_August_30__2018.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/233120/Attachment_3._GDP_and_Elevations_Reduced.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/233059/Attachment_4._FAA_Determination.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/233061/Attachment_5._Photosimulations.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/233062/Attachment_6._Community_Outreach_Summary.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/233073/Attachment_7._Planning_Commission_Resolution.pdf

Planning Commiss ionPlanning Commiss ion MeetingSeptember 05, 2018Page | 2

4. Other Business

4.1 Initiation of ZTA #2019-02Zoning Ordinance Annual UpdatesStaff: Matt Arcieri, AICP, Planning & Zoning Manager and Greg Bokan, AICP,PlannerStaff MemorandumAttachment 1. Draft ResolutionAttachment 2. Cellular Wireless Facilities - Virginia Acts of Assembly – Chapter 835Attachment 3. Modifications for a person with a disability - Virginia Acts ofAssembly – Chapter 757

4.2 Monthly Update - Pending Land Use CasesMatthew Arcieri, AICP, Planning and Zoning ManagerPending Land Use Cases - Sept. 2018

4.3 Comprehensive Plan Community Engagement UpdateKelly Davis, AICP, Senior Planner

Adjournment

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/233076/PC_Memo_8-27-18.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/233077/ZTA_2019-02_PC_Initiation.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/233078/CHAPTER_835.pdf



https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/232824/Pending_Land_Use_Cases_-_Sept_2018.pdf

DRAFT

MINUTESCity of Manassas

Planning CommissionPublic Hearing Meeting

May 2, 2018 – 7:30 p.m.

Members Present: Harry Clark – ChairmanKen Johnson – Vice-ChairmanRussell HarrisonRobert SchilppBill ThompsonMartha Wilson

Members Absent: Elaine Trautwein

Staff: Matthew Arcieri – Planning & Zoning ManagerKelly Davis – Senior PlannerDonna Bellows – Boards and Commissions Clerk

CALL TO ORDERThe Chairman called the meeting to order at 7:30 p.m.

PLEDGE OF ALLEGIANCE

DETERMINATION OF A QUORUMClerk took the roll, and a quorum was determined.

APPROVAL OF MINUTES – April 4, 2018Ms. Wilson motioned to approve the minutes as submitted. Mr. Johnson seconded the motion.The MOTION CARRIED UNANIMOUSLY BY VOICE VOTE.

CITIZENS’ COMMENT TIME (other than agenda items)No citizens came forward to speak.

NEW BUSINESS

The Chairman stated that the affidavit before him was signed by an authorized agent of the Prince William Times Newspaper, and the advertisement for the public hearing listed on tonight’s agenda was duly published in the newspaper in accordance with the law.

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Planning Commission Minutes – May 2, 2018 DRAFT - Page 2

REZ #2018-200310209 Nokesville RoadNokesville Square

Mr. Arcieri stated that this is a City initiated request for the Nokesville Square Shopping Center torezone ±2.76 acres of land from I-1, Light Industrial to B-4, General Commercial, with proffers.Staff finds that the B-4 zoning district, as revised through the Comprehensive Zoning Update, is a more appropriate zoning district for the existing commercial shopping center at 10209 Nokesville Road. With the proposed mitigating proffers, the proposal is compatible with the Comprehensive Plan and adjacent land uses. Staff recommended approval of REZ #2018-2003, as proffered dated April 10, 2018.

Planning Commission DiscussionNone

CITIZENS’ COMMENTSNone

Applicant, Ian Colton, stated that he purchased the property about a year ago and is looking to revitalize the shopping center by seeking credible tenants. The B-4, General Commercial, zoning district will support this goal.

Mr. Schilpp motioned to close the public hearing. Mr. Thompson seconded the motion.

Roll Call by Clerk:

The MOTION PASSED UNANIMOUSLY.

Ms. Wilson motioned to recommend approval of REZ #2018-2003 as submitted. Mr. Johnson seconded the motion.

Roll Call by Clerk:


Mr. Schilpp YMr. Thompson YChairman Clark YMr. Harrison YMr. Johnson YMs. Wilson Y

Ms. Wilson YMr. Johnson YChairman Clark YMr. Harrison YMr. Schilpp YMr. Thompson Y

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REZ #2018-200148621 Breeden AvenueDidlake Proffer Amendment

Mr. Arcieri stated that the applicant is requesting a proffer amendment to REZ #1986-01 to amend the list of permitted uses, which currently only permits a vocational rehabilitation facility. The amended proffers would permit the use of the property for administrative offices and the amended proffers would be applied to the entire parcel.

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 recommended approval of REZ #2018-2004, as proffered dated March 22, 2018.

Planning Commission Discussion

Mr. Harrison asked if the entire property would be included in the proffer amendment.Applicant, Bruce Gross, requested permission to respond and explained that two parcels were recently consolidated. The current proffers apply only to the northern portion of the propertyat 8621 Breeden Avenue; however, the amendment would apply to the entire property.

Mr. Gross presented the history of Didlake and explained its mission. He stated that the reason for amending the permitted uses is because the nature of employment services for people with disabilities has evolved away from vocational centers as approved under the current proffers. In addition, the company has grown and is now in need of additional administrative space.

CITIZENS’ COMMENTSNone

Mr. Schilpp motioned to close the public hearing. Mr. Thompson seconded the motion.

Roll Call by Clerk:


Mr. Johnson motioned to recommend approval of REZ #2018-2004 as submitted. Ms. Wilson seconded the motion.

Mr. Thompson YMr. Harrison YChairman Clark YMr. Johnson YMr. Schilpp YMs. Wilson Y

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Roll Call by Clerk:


Monthly Updates – Pending Land Use Cases

Mr. Arcieri informed the Commission of the approved and pending land use cases.

ADJOURNMENT

Mr. Schilpp motioned to adjourn the meeting. The MOTION CARRIED UNANIMOUSLY BY VOICE VOTE and the meeting was adjourned at 7:52 p.m.

_________________________________________________ ________________Harry Clark, Chairman Date

_________________________________________________ ________________Donna Bellows, Boards and Commissions Clerk Date

Mr. Johnson YMs. Wilson YChairman Clark YMr. Harrison YMr. Schilpp YMr. Thompson Y

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CITY OF MANASSAS PLANNING COMMISSION STAFF REPORT DEAN DRIVE TELECOMMUNICATION TOWER

SUP #2018-2010

Proposed Use: This is a request for a special use permit for a 140-foot Telecommunication Tower. Location: The subject property is the City of Manassas Dean Drive Water Tank Site at 9723 Dean Drive, located ±500 ft. southwest of the intersection of Dean Drive and Wellington Road. Existing Zoning: I-1, Light Industrial and AOD, Airport Impact Overlay District Parcel Size: ±1.4 acres Comprehensive Plan Designation: Industrial/Suburban Business

Date Accepted for Review: May 14, 2018 Planning Commission Hearing: September 5, 2018

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SUP #2018-2010, Dean Drive Telecommunications Tower August 30, 2018

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SUP #2018-2010, Dean Drive Telecommunication Tower 9723 Dean Drive

Public Hearing Dates:

Planning Commission: September 5, 2018

Recommendation: Staff: Approve as Conditioned

OVERVIEW OF REQUEST

Request: This is a request for a special use permit for a 140-foot Telecommunication Tower at the City of Manassas Water Tank Site on Dean Drive. Surrounding Land Uses:

MEMORANDUM CITY OF MANASSAS

Department of Community Development

Vacant Land (I-1)

Jennie Dean Elementary School

Dean Park

Jennie Dean Memorial

Vacant Land (I-1)

Vacant Land (I-1)

Mini Storage

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Level of Service: Any level of service impacts related to this request would be mitigated by the conditions dated August 30, 2018. Public Notice: 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 8 mailings), and public hearing signs posted on the property. In addition, the applicant conducted a separate community outreach process, which included a website, mailing of approximately 1,100 postcards, and an informational community meeting. The applicant’s community outreach process is summarized in Attachment 6.

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 #2018-2010, Dean Drive Telecommunication Tower, as conditioned dated August 30, 2018.

Staff: Kelly Davis, AICP

Contact Information: 703-257-8225, [email protected]

Attachments: 1. Staff Analysis 2. Conditions dated August 30, 2018 3. Generalized Development Plan (GDP) and Elevations 4. FAA Determination 5. Photo Simulations 6. Community Outreach Summary 7. 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.

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ATTACHMENT 1: STAFF ANALYSIS Background and History: In August 2013, the City of Manassas entered into a telecommunications master marketing agreement with Milestone Communications. This agreement permits the construction of free-standing monopole telecommunication towers on city-owned property, subject to all required government approvals. Under this agreement, Milestone Communications proposes to construct a 140-foot monopole telecommunications tower at the City-owned Dean Drive Water Tank compound located at 9723 Dean Drive, as shown in the generalized development plan (Attachment 3). The tower will be located within a fenced compound located northwest of the water storage tank and west of the existing pump building. The compound area will contain all related telecommunication equipment needed to support the installation. The monopole tower will be designed to support the initial telecommunication provider (Verizon Wireless) and up to four additional future telecommunication providers. Due to its location and height, the Federal Aviation Administration has required that the proposed tower include lighting per the determination letter dated August 17, 2018 (Attachment 4). The proposed site was selected to provide and improve wireless coverage along Nokesville Road, Wellington Road, and the surrounding business and residential areas. In addition to filling current coverage gaps, the applicant certifies that the proposed site will relieve cellular traffic from neighboring sites that are currently exhausted in terms of the number of users and data usage. The proposed macro site will offload traffic from these neighboring sites, thereby improving service reliability. Comprehensive Plan Analysis: The subject property is located in the Industrial/Suburban character area of the Comprehensive Plan. This request is consistent with the Comprehensive Plan and, with the proposed mitigating conditions, does not have a detrimental impact on the character and development of adjacent land.

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 focus priorities of the Industrial/Suburban Business district refer to the

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appropriate buffering to adjacent uses. The area around the proposed site is planned and zoned for industrial uses, generally in the light industrial zoning district and the Industrial/Suburban Business Comprehensive Plan character area. Properties immediately adjacent to the site are planned and zoned for industrial uses and are currently undeveloped. Immediately across the railroad corridor to the southeast of the property is the Jennie Dean Elementary School. The north side of Wellington Road land is also developed with industrial uses. At ±140 feet, the tower will be visible from various locations throughout the City. By comparison, the proposed tower will be ±100 feet taller than the existing 40-foot water tank located on the property and ±65 feet taller than other uses in the I-1 zoning district based on the 75-foot height limit for the district. Based on the photosimulations (Attachment 5), the tower will be most prominently visible on Nokesville Road, Wellington Road, and Dean Drive. Generally, the visual impacts are concentrated in industrial and business areas, many of which are already visibly degraded by lights and overhead utilities. Visual impacts to residential areas are minimized by topography and existing vegetation and development, although the tower will be visible from some residences as well as the Jennie Dean memorial and elementary school. It should also be noted that because the tower will require lighting in accordance with FAA requirements, visual impacts will occur during both daytime and nighttime hours. Overall, the character and development pattern of the area and distance to other uses will minimize its prominence and visual impacts on the public property and adjoining areas, particularly those with residential uses and zoning.

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 supports the proposed use as an improvement to cellular coverage for businesses and residents in the area.

Goal/Objective/Strategy Staff Analysis

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.

Visual impacts are concentrated on major roadways and industrial/commercial areas. Visual impacts on surrounding residential developments are minimized by topography and existing vegetation and development.

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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 bicycle-friendly 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.

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. The proposed telecommunications tower and compound have been sited so as not to prevent the construction of a second water tank on the property should this be necessitated by a future capital improvement project.

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 be located on public property currently developed with a water storage tank and related facilities. There will be minimal land disturbance and no tree removal or intrusion of environmentally sensitive areas.

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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 #4 limits the height of the tower, including antennas and lightning protection, to 140 feet.

- Condition #5 prohibits wall signage or freestanding signage on the tower, equipment shelter, or fencing. Standard warning and security signage would still be permitted.

- Condition #6 permits lighting of the tower in accordance with FAA requirements.

- Condition #7 requires certification prior to building permit approval that the tower has been designed to collapse in such a way that eliminates risk of striking the water tank or other structures.

- Condition #8 clarifies that the approval of this SUP in no way limits the City from making site modifications or improvements to the subject property.

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Page 1 of 2

Special Use Permit Conditions

SUP# 2018-2010, Dean Drive Telecommunications Tower 9723 Dean Drive

August 30, 2018

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 “City of Manassas Water Tank 9723 Dean Drive Manassas, VA 20110” sheets Z-1, Z-2, and Z-3, prepared by Entrex Communication Services, Inc. and dated August 2, 2018.

3. The design of the tower, subject to minor modifications for final engineering, shall be in substantial conformance to the elevation on GDP sheet Z-4 entitled “Monopole Elevation”, by Entrex Communication Services, Inc. and dated August 2, 2018.

4. The height of the telecommunication tower, including antennas and lightning

protection, shall not exceed 140 feet.

5. No wall signage or freestanding signage shall be permitted on any structure, including the tower, equipment shelters, or fencing.

6. The marking/lighting of the tower shall be in accordance with the requirements of

the Federal Aviation Administration (FAA) determination dated August 17, 2018.

7. Prior to building permit approval, applicant shall provide a letter from a qualified engineer certifying that the monopole design is such that, should it fail, it will collapse in certain direction to eliminate any risk of striking either the water tank or other structures.

8. Approval of this SUP shall not preclude the City of Manassas from making site

modifications or improvements to the subject property, including but not limited to, the construction of an elevated water tank(s) regardless of potential impact to the proposed telecommunications tower or interference with the telecommunications signals.

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9. 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.

10. The use of this property shall be in compliance with all federal, state, and local ordinances.

_____________________________________ ________________ Matthew D. Arcieri, Zoning Administrator Date This signature certifies that these conditions were approved by the Manassas City Council as part of the above referenced special use permit.

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BETHESDA, MD 208176600 Rockledge Drive, Suite 550

FAX: (202)408-0961PHONE: (202)408-0960

N/A

±349.1'

83.8'

CLOSEST OFF SITE RESIDENCE

CLOSEST ROAD

SIDE YARD (NORTHEAST)

SIDE YARD (SOUTHWEST)

REAR YARD (SOUTHEAST)

FRONT YARD (NORTHWEST)

PROPOSED

74.4'

7.0'

165.5'

MONOPOLE SETBACKS

309.3'

REQUIRED

27.5'

N/A

N/A

N/A

N/A

Z-1

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FAX: (202)408-0961PHONE: (202)408-0960

Z-2

17

Z-3


FAX: (202)408-0961PHONE: (202)408-0960

18

Z-4


FAX: (202)408-0961PHONE: (202)408-0960

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Mail Processing CenterFederal Aviation AdministrationSouthwest Regional OfficeObstruction Evaluation Group10101 Hillwood ParkwayFort Worth, TX 76177

Aeronautical Study No.2018-AEA-5314-OE

Page 1 of 6

Issued Date: 08/17/2018

COLLEEN KHANENTREX6600 ROCKLEDGE DR STE 550BETHESDA, MD 20817

** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **

The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:

Structure: Monopole - MILESTONE AT MANASSAS CITY WTLocation: MANASSAS, VALatitude: 38-44-52.66N NAD 83Longitude: 77-29-31.46WHeights: 259 feet site elevation (SE)

140 feet above ground level (AGL)399 feet above mean sea level (AMSL)

This aeronautical study revealed that the structure would have no substantial adverse effect on the safeand efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities.Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be ahazard to air navigation provided the following condition(s) is(are) met:

As a condition to this Determination, the structure is to be marked/lighted in accordance with FAA Advisorycircular 70/7460-1 L Change 1, Obstruction Marking and Lighting, a med-dual system - Chapters 4,8(M-Dual),&12.

Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstructionlight, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.

It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time theproject is abandoned or:

_____ At least 10 days prior to start of construction (7460-2, Part 1)__X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)

See attachment for additional condition(s) or information.

This determination expires on 02/17/2020 unless:20

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(a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of ActualConstruction or Alteration, is received by this office.

(b) extended, revised, or terminated by the issuing office.(c) the construction is subject to the licensing authority of the Federal Communications Commission

(FCC) and an application for a construction permit has been filed, as required by the FCC, within6 months of the date of this determination. In such case, the determination expires on the dateprescribed by the FCC for completion of construction, or the date the FCC denies the application.

NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUSTBE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATIONOF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NOSIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BEELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.

This determination does not constitute authority to transmit on the frequency(ies) identified in this study.The proponent is required to obtain a formal frequency transmit license from the Federal CommunicationsCommission (FCC) or National Telecommunications and Information Administration (NTIA), prior to on-airoperations of these frequency(ies).

This determination is subject to review if an interested party files a petition that is received by the FAA on orbefore September 16, 2018. In the event a petition for review is filed, it must contain a full statement of thebasis upon which it is made and be submitted to the Manager of the Airspace Policy Group. Petitions can besubmitted via mail to Federal Aviation Administration, 800 Independence Ave, SW, Room 423, Washington,DC 20591, via email at [email protected], or via facsimile (202) 267-9328.

This determination becomes final on September 26, 2018 unless a petition is timely filed. In which case, thisdetermination will not become final pending disposition of the petition. Interested parties will be notified ofthe grant of any review. For any questions regarding your petition, please contact Airspace Policy Group viatelephone – 202-267-8783.

This determination is based, in part, on the foregoing description which includes specific coordinates, heights,frequency(ies) and power. Any changes in coordinates, heights and frequencies or use of greater power, exceptthose frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary BestPractices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, includingincrease to heights, power or the addition of other transmitters, requires separate notice to the FAA. Thisdetermination includes all previously filed frequencies and power for this structure.

If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days afterthe construction or alteration is dismantled or destroyed.

This determination does include temporary construction equipment such as cranes, derricks, etc., which may beused during actual construction of the structure. However, this equipment shall not exceed the overall heights asindicated above. Equipment which has a height greater than the studied structure requires separate notice to theFAA.

This determination concerns the effect of this structure on the safe and efficient use of navigable airspaceby aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, orregulation of any Federal, State, or local government body.

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This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, anden route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impacton all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulativeimpact resulting from the studied structure when combined with the impact of other existing or proposedstructures. The study disclosed that the described structure would have no substantial adverse effect on airnavigation.

An account of the study findings, aeronautical objections received by the FAA during the study (if any), and thebasis for the FAA's decision in this matter can be found on the following page(s).

A copy of this determination will be forwarded to the Federal Communications Commission (FCC) because thestructure is subject to their licensing authority.

If we can be of further assistance, please contact Lan Norris, at (404) 305-6645, or [email protected]. On anyfuture correspondence concerning this matter, please refer to Aeronautical Study Number 2018-AEA-5314-OE.

Signature Control No: 362681324-381646249 ( DNH )Mike HelveyManager, Obstruction Evaluation Group

Attachment(s)Additional InformationFrequency DataMap(s)

cc: FCC

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Additional information for ASN 2018-AEA-5314-OE

Proposal: To construct and/or operate a(n) Monopole to a height of 140 feet above ground level, 399 feet above mean sea level. Location: The structure will be located 1.94 nautical miles northeast of Manassas Regional / Harry P. Davis Field (HEF) Airport Reference Point. Part 77 Obstruction Standard(s) Exceeded: Section 77.17 (a) (5) a height that affects an Airport Surface by penetrating: Section 77.19 (b) Conical Surface by 30 feet as applied to HEF. Frequency Management: Spurious emissions must be less than the FCC minimum requirement of -13dbm by 5db. (Example: -13dbm -5db= -18dbm). Discrete frequencies being used in the band (21.2 GHz to 23.6 GHz) must be approved during the NTIA agenda process. An FAA study indicates that the above mentioned structure would: - have no effect on any existing or proposed arrival, departure, or en route instrument flight rules (IFR) operations or procedures. - have no effect on any existing or proposed arrival, departure, or en route visual flight rules (VFR) operations. - have no effect on any existing or proposed arrival, departure, or en route instrument/visual flight rules (IFR/ VFR) minimum flight altitudes. - not exceed traffic pattern airspace. - have no physical or electromagnetic effect on the operation of air navigation and communications facilities. - have no effect on any airspace and routes used by the military. Circularization and Public Comments: This proposal was circularized on 07/10/2018. One comment was submitted during the comment period concluding on 08/17/2018. The comment is summarized as follows: Comment - The structure was identified as being located within the "Airport Impact Overlay District (AOD), which is noted in the City of Manassas Zoning Ordinance under Article VIII, Division 4 - Overlay Districts." The proposal exceeds the Conical Surface and should be reduced in height and marked and lighted in accordance with AC 70/7460-1. Response - The AOD is not within the scope of Part 77 and therefore will not be considered as a factor in the final agency determination. The FAA determination does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body which may include the AOD. Although the proposed structure exceeds Part 77 obstruction standards, it does not necessarily constitute a hazard to aviation. Part 77 identifies the point at which a proposal would warrant further study to determine if the structure has a substantial adverse effect on aviation operations per JO 7400.2L, par. 6-3-5. Further study did not reveal any information that would support a hazard determination.

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Frequency Data for ASN 2018-AEA-5314-OE

LOWFREQUENCY

HIGHFREQUENCY

FREQUENCYUNIT ERP

ERPUNIT

6 7 GHz 55 dBW6 7 GHz 42 dBW10 11.7 GHz 55 dBW10 11.7 GHz 42 dBW

17.7 19.7 GHz 55 dBW17.7 19.7 GHz 42 dBW21.2 23.6 GHz 55 dBW21.2 23.6 GHz 42 dBW614 698 MHz 1000 W614 698 MHz 2000 W698 806 MHz 1000 W806 901 MHz 500 W806 824 MHz 500 W824 849 MHz 500 W851 866 MHz 500 W869 894 MHz 500 W896 901 MHz 500 W901 902 MHz 7 W929 932 MHz 3500 W930 931 MHz 3500 W931 932 MHz 3500 W932 932.5 MHz 17 dBW935 940 MHz 1000 W940 941 MHz 3500 W1670 1675 MHz 500 W1710 1755 MHz 500 W1850 1910 MHz 1640 W1850 1990 MHz 1640 W1930 1990 MHz 1640 W1990 2025 MHz 500 W2110 2200 MHz 500 W2305 2360 MHz 2000 W2305 2310 MHz 2000 W2345 2360 MHz 2000 W2496 2690 MHz 500 W

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TOPO Map for ASN 2018-AEA-5314-OE

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Attachment 5. Photosimulations

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SUP #2018-2010 Attachment 6. Community Outreach Summary As part of community outreach efforts for SUP 2018-2010, Milestone set up a website (DeanDriveWireless.com) to provide information about the project and a contact form for anyone to submit questions or comments to a Milestone representative. Two community members contacted Milestone through the website to share their general support for the application (emails attached). The website URL was shared on all outreach materials, including postcard mailers and HOA information packages. As of August 24, the website had been visited 123 times by 99 users for a total of 231 pages viewed. Milestone mailed nearly 1,100 postcards to property owners within approximately 0.6 mile of the site on July 13. The mailer included general information about the project, the website URL, and details of an information community meeting to be held on July 31 by Milestone. Milestone also mailed information packages to the Wellington Community Association and Wellington Condominium Association on July 16. Follow-up calls and emails were made to the property managers of both Associations to confirm receipt of the information and provide soft copies. Milestone held an informational community meeting for the project on July 31 at the Manassas Boys & Girls Club (addressed 9501 Dean Park Lane, Manassas, VA 20110). Details of this meeting were shared with the community in advance of the meeting through the property owner postcard mailings, HOA notification, and also posted on the project website. Milestone also provided notice to the planning office of this meeting. No members of the community attended the meeting. Comments Received through the Project Website Your Name: Margo Anderson Subject: Tower needed in Wellington community Your Message: Strongly agree with proposal. We have been in need of good Verizon wireless connection. I have been a homeowner here in Wellington for 15 years! Too many bad spots with no service. Your Name: Rex Trotter Subject: Thank you! Your Message: As a Verizon Wireless customer that lives on the edge of this gap and travels through it frequently, I greatly appreciate your attempt to rectify this issue. I wish you a speedy approval process with permit SUP-2018-2010. :)

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https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fDeanDriveWireless.com&c=E,1,4jeeRSDVzRXJsMlEiqsPkyr3QSILpKs2GiJHGDcRfSkjbMZirSB2cE136J6V48xKsTww_XA9sKdRSP_mgWhILFK3PFxCnHBn9qbLsKKlr4HS2QNQnI1m&typo=1

PLANNING COMMISIONRESOLUTION

Re: SUP #2018-2010, Dean Drive Telecommunications Tower9723 Dean Drive

WHEREAS, the City of Manassas Planning Commission held a public hearing for Special Use Permit #2018-2010 on September 5, 2018, to allow a Telecommunication Tower at 9723 Dean Drive; 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 a detrimental impact on the character and development of adjacent land, 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; and

NOW THEREFORE BE IT RESOLVED, that the Planning Commission hereby RECOMMENDS APPROVAL of SUP #2018-2010, as conditioned.

_____________________________Harry J. ClarkChairperson

_____________________________Date

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TO: Planning Commission

FROM: Matthew D. Arcieri, AICP, Planning & Zoning ManagerGregory J. Bokan, AICP, Planner

DATE: August 27. 2018

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 Cellular Wireless Facilities (Chapter 835) and Modifications for a person with a disability (Chapter 757).

2. To modify the criteria by which the City Council appoints Architecture Review Board members (Article 8).

3. To make technical corrections to definitions (Sec. 130-44)

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 Resolution2. Cellular Wireless Facilities - Virginia Acts of Assembly – Chapter 8353. Modifications for a person with a disability - Virginia Acts of Assembly – Chapter 757

MEMORANDUMCITY OF MANASSAS

Department of Community Development

Phone: 703-257-8223 Fax: 703-257-5117

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PLANNING COMMISSIONRESOLUTION

Re: Initiation of ZTA #2019-02, Zoning Ordinance Annual Updates

WHEREAS, the City of Manassas completed a comprehensive zoning ordinance update in 2016; and

WHEREAS, the Planning Commission recognizes that an annual review and update of the Zoning Ordinance is a best practice to make technical corrections and updates, and ensure the code remains in compliance with current requirements of state and federal laws and regulations; and

WHEREAS, the Manassas City Zoning Ordinance, Section 130-542, Initiation of Amendments, provides that a zoning text amendment shall be initiated by the adoption of a resolution by the Planning Commission of intention to propose an amendment.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby determine that it is appropriate to initiate Zoning Text Amendment (ZTA) #2019-02 for public necessity, convenience, general welfare, and good zoning practices; and

BE IT FURTHER RESOLVED that the Planning Commission does hereby initiate ZTA #2019-02 to Amend Chapter 130 of the Code of Manassas:

To address the requirements of Chapters 757 and 835 of the 2018 Virginia Acts of Assembly; and

To modify the criteria in Article 8 by which the City Council appoints Architecture Review Board members.

To make technical corrections to Sec. 130-44.

BE IT FURTHER RESOLVED that the initiation of these amendments does not reflect an endorsement of the amendments; only that they should be presented to the public for comment and consideration after thorough study.

_______________________

Date

_________________Harry J. Clark, Chairperson

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VIRGINIA ACTS OF ASSEMBLY -- 2018 RECONVENED SESSION

CHAPTER 835

An Act to amend and reenact § 15.2-2316.3 of the Code of Virginia and to amend the Code of Virginiaby adding sections numbered 15.2-2316.4:1, 15.2-2316.4:2, and 15.2-2316.4:3, relating to zoning forwireless communications infrastructure.

[H 1258]Approved April 18, 2018

Be it enacted by the General Assembly of Virginia:1. That § 15.2-2316.3 of the Code of Virginia is amended and reenacted and that the Code ofVirginia is amended by adding sections numbered 15.2-2316.4:1, 15.2-2316.4:2, and 15.2-2316.4:3as follows:

§ 15.2-2316.3. Definitions.As used in this article, unless the context requires a different meaning:"Administrative review-eligible project" means a project that provides for:1. The installation or construction of a new structure that is not more than 50 feet above ground

level, provided that the structure with attached wireless facilities is (i) not more than 10 feet above thetallest existing utility pole located within 500 feet of the new structure within the same publicright-of-way or within the existing line of utility poles; (ii) not located within the boundaries of a local,state, or federal historic district; (iii) not located inside the jurisdictional boundaries of a localityhaving expended a total amount equal to or greater than 35 percent of its general fund operatingrevenue, as shown in the most recent comprehensive annual financial report, on undergroundingprojects since 1980; and (iv) designed to support small cell facilities; or

2. The co-location on any existing structure of a wireless facility that is not a small cell facility."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 isauthorized 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 supportstructure. "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 theDepartment 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 ofsupporting the attachment of wireless facilities, including towers, buildings, utility poles, light poles, flagpoles, signs, and water towers.

"Micro-wireless facility" means a small cell facility that is not larger in dimension than 24 inches inlength, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, not longerthan 11 inches.

"New structure" means a wireless support structure that has not been installed or constructed, orapproved for installation or construction, at the time a wireless services provider or wirelessinfrastructure provider applies to a locality for any required zoning approval.

"Project" means (i) the installation or construction by a wireless services provider or wirelessinfrastructure provider of a new structure or (ii) the co-location on any existing structure of a wirelessfacility that is not a small cell facility. "Project" does not include the installation of a small cell facilityby a wireless services provider or wireless infrastructure provider on an existing structure to which theprovisions of § 15.2-2316.4 apply.

"Small cell facility" means a wireless facility that meets both of the following qualifications: (i) eachantenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of anantenna that has exposed elements, the antenna and all of its exposed elements could fit within animaginary enclosure of no more than six cubic feet and (ii) all other wireless equipment associated withthe facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as isestablished by the Federal Communications Commission. The following types of associated equipmentare not included in the calculation of equipment volume: electric meter, concealment,telecommunications demarcation boxes, back-up power systems, grounding equipment, power transferswitches, cut-off switches, and vertical cable runs for the connection of power and other services.

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"Standard process project" means any project other than an administrative review-eligible project."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, orwires for communications, cable television, or electricity.

"Water tower" means a water storage tank, or a standpipe or an elevated tank situated on a supportstructure, 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 communicationsbetween user equipment and a communications network, including (i) equipment associated with wirelessservices, such as private, broadcast, and public safety services, as well as unlicensed wireless servicesand 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 oftechnological 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);(ii) "personal wireless service facilities" as defined in 47 U.S.C. § 332(c)(7)(C)(ii), including commercialmobile services as defined in 47 U.S.C. § 332(d), provided to personal mobile communication devicesthrough wireless facilities; and (iii) any other fixed or mobile wireless service, using licensed orunlicensed 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 ofsupporting wireless facilities. "Wireless support structure" does not include any telephone or electricalutility pole or any tower used for the distribution or transmission of electrical service.

§ 15.2-2316.4:1. Zoning; other wireless facilities and wireless support structures.A. A locality shall not require that a special exception, special use permit, or variance be obtained

for the installation or construction of an administrative review-eligible project but may requireadministrative review for the issuance of any zoning permit, or an acknowledgement that zoningapproval is not required, for such a project.

B. A locality may charge a reasonable fee for each application submitted under subsection A or forany zoning approval required for a standard process project. The fee shall not include direct paymentor reimbursement of third-party fees charged on a contingency basis or a result-based arrangement.Upon request, a locality shall provide the applicant with the cost basis for the fee. A locality shall notcharge market-based or value-based fees for the processing of an application. If the application is for:

1. An administrative review-eligible project, the fee shall not exceed $500; and2. A standard process project, the fee shall not exceed the actual direct costs to process the

application, including permits and inspection.C. The processing of any application submitted under subsection A or for any zoning approval

required for a standard process project shall be subject to the following:1. Within 10 business days after receiving an incomplete application, the locality shall notify the

applicant that the application is incomplete. The notice shall specify any additional information requiredto complete the application. The notice shall be sent by electronic mail to the applicant's email addressprovided in the application. If the locality fails to provide such notice within such 10-day period, theapplication shall be deemed complete.

2. Except as provided in subdivision 3, a locality shall approve or disapprove a completeapplication:

a. For a new structure within the lesser of 150 days of receipt of the completed application or theperiod required by federal law for such approval or disapproval; or

b. For the co-location of any wireless facility that is not a small cell facility within the lesser of 90days of receipt of the completed application or the period required by federal law for such approval ordisapproval, unless the application constitutes an eligible facilities request as defined in 47 U.S.C.§ 1455(a).

3. Any period specified in subdivision 2 for a locality to approve or disapprove an application maybe extended by mutual agreement between the applicant and the locality.

D. A complete application for a project shall be deemed approved if the locality fails to approve ordisapprove the application within the applicable period specified in subdivision C 2 or any agreedextension thereof pursuant to subdivision C 3.

E. If a locality disapproves an application submitted under subsection A or for any zoning approvalrequired for a standard process project:

1. The locality shall provide the applicant with a written statement of the reasons for suchdisapproval; and

2. If the locality is aware of any modifications to the project as described in the application that ifmade would permit the locality to approve the proposed project, the locality shall identify them in thewritten statement provided under subdivision 1. The locality's subsequent disapproval of an application

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for a project that incorporates the modifications identified in such a statement may be used by theapplicant as evidence that the locality's subsequent disapproval was arbitrary or capricious in anyappeal of the locality's action.

F. A locality's action on disapproval of an application submitted under subsection A or for anyzoning approval required for a standard process project shall:

1. Not unreasonably discriminate between the applicant and other wireless services providers,wireless infrastructure providers, providers of telecommunications services, and other providers offunctionally equivalent services; and

2. Be supported by substantial record evidence contained in a written record publicly released within30 days following the disapproval.

G. An applicant adversely affected by the disapproval of an application submitted under subsection Aor for any zoning approval required for a standard process project may file an appeal pursuant tosubsection F of § 15.2-2285, or to § 15.2-2314 if the requested zoning approval involves a variance,within 30 days following delivery to the applicant or notice to the applicant of the record described insubdivision F 2.

§ 15.2-2316.4:2. Application reviews.A. In its receiving, consideration, and processing of a complete application submitted under

subsection A of § 15.2-2316.4:1 or for any zoning approval required for a standard process project, alocality shall not:

1. Disapprove an application on the basis of:a. The applicant's business decision with respect to its designed service, customer demand for

service, or quality of its service to or from a particular site;b. The applicant's specific need for the project, including the applicant's desire to provide additional

wireless coverage or capacity; orc. The wireless facility technology selected by the applicant for use at the project;2. Require an applicant to provide proprietary, confidential, or other business information to justify

the need for the project, including propagation maps and telecommunications traffic studies, orinformation reviewed by a federal agency as part of the approval process for the same structure andwireless facility, provided that a locality may require an applicant to provide a copy of any approvalgranted by a federal agency, including conditions imposed by that agency;

3. Require the removal of existing wireless support structures or wireless facilities, wherever located,as a condition for approval of an application. A locality may adopt reasonable rules with respect to theremoval of abandoned wireless support structures or wireless facilities;

4. Impose surety requirements, including bonds, escrow deposits, letters of credit, or any other typesof financial surety, to ensure that abandoned or unused wireless facilities can be removed, unless thelocality imposes similar requirements on other permits for other types of similar commercialdevelopment. Any such instrument shall not exceed a reasonable estimate of the direct cost of theremoval of the wireless facilities;

5. Discriminate or create a preference on the basis of the ownership, including ownership by thelocality, of any property, structure, base station, or wireless support structure, when promulgating rulesor procedures for siting wireless facilities or for evaluating applications;

6. Impose any unreasonable requirements or obligations regarding the presentation or appearance ofa project, including unreasonable requirements relating to (i) the kinds of materials used or (ii) thearranging, screening, or landscaping of wireless facilities or wireless structures;

7. Impose any requirement that an applicant purchase, subscribe to, use, or employ facilities,networks, or services owned, provided, or operated by a locality, in whole or in part, or by any entity inwhich a locality has a competitive, economic, financial, governance, or other interest;

8. Condition or require the approval of an application solely on the basis of the applicant'sagreement to allow any wireless facilities provided or operated, in whole or in part, by a locality or byany other entity, to be placed at or co-located with the applicant's project;

9. Impose a setback or fall zone requirement for a project that is larger than a setback or fall zonearea that is imposed on other types of similar structures of a similar size, including utility poles;

10. Limit the duration of the approval of an application, except a locality may require thatconstruction of the approved project shall commence within two years of final approval and bediligently pursued to completion; or

11. Require an applicant to perform services unrelated to the project described in the application,including restoration work on any surface not disturbed by the applicant's project.

B. Nothing in this article shall prohibit a locality from disapproving an application submitted undersubsection A of § 15.2-2316.4:1 or for any zoning approval required for a standard process project:

1. On the basis of the fact that the proposed height of any wireless support structure, wirelessfacility, or wireless support structure with attached wireless facilities exceeds 50 feet above groundlevel, provided that the locality follows a local ordinance or regulation that does not unreasonablydiscriminate between the applicant and other wireless services providers, wireless infrastructureproviders, providers of telecommunications services, and other providers of functionally equivalent

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services; or2. That proposes to locate a new structure, or to co-locate a wireless facility, in an area where all

cable and public utility facilities are required to be placed underground by a date certain orencouraged to be undergrounded as part of a transportation improvement project or rezoningproceeding as set forth in objectives contained in a comprehensive plan, if:

a. The undergrounding requirement or comprehensive plan objective existed at least three monthsprior to the submission of the application;

b. The locality allows the co-location of wireless facilities on existing utility poles, government-ownedstructures with the government's consent, existing wireless support structures, or a building within thatarea;

c. The locality allows the replacement of existing utility poles and wireless support structures withpoles or support structures of the same size or smaller within that area; and

d. The disapproval of the application does not unreasonably discriminate between the applicant andother wireless services providers, wireless infrastructure providers, providers of telecommunicationsservices, and other providers of functionally equivalent services.

C. Nothing in this article shall prohibit an applicant from voluntarily submitting, and the localityfrom accepting, any conditions that otherwise address potential visual or aesthetic effects resulting fromthe placement of a new structure or facility.

D. Nothing in this article shall prohibit a locality from disapproving an application submitted undera standard process project on the basis of the availability of existing wireless support structures withina reasonable distance that could be used for co-location at reasonable terms and conditions withoutimposing technical limitations on the applicant.

§ 15.2-2316.4:3. Additional provisions.A. A locality shall not require zoning approval for (i) routine maintenance or (ii) the replacement of

wireless facilities or wireless support structures within a six-foot perimeter with wireless facilities orwireless support structures that are substantially similar or the same size or smaller. However, alocality may require a permit to work within the right-of-way for the activities described in clause (i) or(ii), if applicable.

B. Nothing in this article shall prohibit a locality from limiting the number of new structures or thenumber of wireless facilities that can be installed in a specific location.2. That any publicly-owned or privately-owned wireless service provider operating within theCommonwealth or serving residents of the Commonwealth shall, by January 1, 2019, and annuallythereafter until January 1, 2025, provide to the Department of Housing and CommunityDevelopment a report detailing by county, city, and town enhanced service capacity in previouslyserved areas and expansion of service in previously unserved geographic areas that are providedaccess to wireless services. Notwithstanding any other provision of law, the Department shallmaintain the confidentiality of company-specific data but may publicly release aggregate data.3. That the Secretariats of Commerce and Trade and Public Safety and Homeland Security shallconvene a group of stakeholders, to include representatives from the Department of Housing andCommunity Development, the Virginia Economic Development Partnership, the Virginia TobaccoRegion Revitalization Commission, and the Department of Emergency Management, industryrepresentatives, and representatives of affected communities, to develop a plan for expandingaccess to wireless services in unserved and underserved areas of the Commonwealth. The planshall be completed by December 15, 2018. The plan shall include the following components: adefinition of unserved and underserved areas, identification of barriers to access to wirelessservices in such areas, a proposed expedited review process for such areas, identification of waysto encourage industry to locate in such areas, and consideration of a lower fee for such anexpedited review process.

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VIRGINIA ACTS OF ASSEMBLY -- 2018 SESSION

CHAPTER 757

An Act to amend and reenact §§ 15.2-2283 and 15.2-2309 of the Code of Virginia, relating to zoning;disabilities.

[H 796]Approved April 4, 2018

Be it enacted by the General Assembly of Virginia:1. That §§ 15.2-2283 and 15.2-2309 of the Code of Virginia are amended and reenacted as follows:

§ 15.2-2283. Purpose of zoning ordinances.Zoning ordinances shall be for the general purpose of promoting the health, safety or general welfare

of the public and of further accomplishing the objectives of § 15.2-2200. To these ends, such ordinancesshall be designed to give reasonable consideration to each of the following purposes, where applicable:(i) to provide for adequate light, air, convenience of access, and safety from fire, flood, impoundingstructure failure, crime and other dangers; (ii) to reduce or prevent congestion in the public streets; (iii)to facilitate the creation of a convenient, attractive and harmonious community; (iv) to facilitate theprovision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water,sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and otherpublic requirements; (v) to protect against destruction of or encroachment upon historic areas andworking waterfront development areas; (vi) to protect against one or more of the following:overcrowding of land, undue density of population in relation to the community facilities existing oravailable, obstruction of light and air, danger and congestion in travel and transportation, or loss of life,health, or property from fire, flood, impounding structure failure, panic or other dangers; (vii) toencourage economic development activities that provide desirable employment and enlarge the tax base;(viii) to provide for the preservation of agricultural and forestal lands and other lands of significance forthe protection of the natural environment; (ix) to protect approach slopes and other safety areas oflicensed airports, including United States government and military air facilities; (x) to promote thecreation and preservation of affordable housing suitable for meeting the current and future needs of thelocality as well as a reasonable proportion of the current and future needs of the planning district withinwhich the locality is situated; and (xi) to provide reasonable protection against encroachment uponmilitary bases, military installations, and military airports and their adjacent safety areas, excludingarmories operated by the Virginia National Guard; and (xii) to provide reasonable modifications inaccordance with the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.) or state andfederal fair housing laws, as applicable. Such ordinance may also include reasonable provisions, notinconsistent with applicable state water quality standards, to protect surface water and ground water asdefined in § 62.1-255.

§ 15.2-2309. Powers and duties of boards of zoning appeals.Boards of zoning appeals shall have the following powers and duties:1. To hear and decide appeals from any order, requirement, decision, or determination made by an

administrative officer in the administration or enforcement of this article or of any ordinance adoptedpursuant thereto. The decision on such appeal shall be based on the board's judgment of whether theadministrative officer was correct. The determination of the administrative officer shall be presumed tobe correct. At a hearing on an appeal, the administrative officer shall explain the basis for hisdetermination after which the appellant has the burden of proof to rebut such presumption of correctnessby a preponderance of the evidence. The board shall consider any applicable ordinances, laws, andregulations in making its decision. For purposes of this section, determination means any order,requirement, decision or determination made by an administrative officer. Any appeal of a determinationto the board shall be in compliance with this section, notwithstanding any other provision of law,general or special.

2. Notwithstanding any other provision of law, general or special, to grant upon appeal or originalapplication in specific cases a variance as defined in § 15.2-2201, provided that the burden of proofshall be on the applicant for a variance to prove by a preponderance of the evidence that his applicationmeets the standard for a variance as defined in § 15.2-2201 and the criteria set out in this section.

Notwithstanding any other provision of law, general or special, a variance shall be granted if theevidence shows that the strict application of the terms of the ordinance would unreasonably restrict theutilization of the property or that the granting of the variance would alleviate a hardship due to aphysical condition relating to the property or improvements thereon at the time of the effective date ofthe ordinance, or alleviate a hardship by granting a reasonable modification to a property orimprovements thereon requested by, or on behalf of, a person with a disability, and (i) the propertyinterest for which the variance is being requested was acquired in good faith and any hardship was not

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created by the applicant for the variance; (ii) the granting of the variance will not be of substantialdetriment to adjacent property and nearby properties in the proximity of that geographical area; (iii) thecondition or situation of the property concerned is not of so general or recurring a nature as to makereasonably practicable the formulation of a general regulation to be adopted as an amendment to theordinance; (iv) the granting of the variance does not result in a use that is not otherwise permitted onsuch property or a change in the zoning classification of the property; and (v) the relief or remedysought by the variance application is not available through a special exception process that is authorizedin the ordinance pursuant to subdivision 6 of § 15.2-2309 or the process for modification of a zoningordinance pursuant to subdivision A 4 of § 15.2-2286 at the time of the filing of the varianceapplication. Any variance granted to provide a reasonable modification to a property or improvementsthereon requested by, or on behalf of, a person with a disability may expire when the person benefitedby it is no longer in need of the modification to such property or improvements provided by thevariance, subject to the provisions of state and federal fair housing laws, or the Americans withDisabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable. If a request for a reasonablemodification is made to a locality and is appropriate under the provisions of state and federal fairhousing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable,such request shall be granted by the locality unless a variance from the board of zoning appeals underthis section is required in order for such request to be granted.

No variance shall be considered except after notice and hearing as required by § 15.2-2204. However,when giving any required notice to the owners, their agents or the occupants of abutting property andproperty immediately across the street or road from the property affected, the board may give suchnotice by first-class mail rather than by registered or certified mail.

In granting a variance, the board may impose such conditions regarding the location, character, andother features of the proposed structure or use as it may deem necessary in the public interest and mayrequire a guarantee or bond to ensure that the conditions imposed are being and will continue to becomplied with. Notwithstanding any other provision of law, general or special, the property upon whicha property owner has been granted a variance shall be treated as conforming for all purposes under statelaw and local ordinance; however, the structure permitted by the variance may not be expanded unlessthe expansion is within an area of the site or part of the structure for which no variance is requiredunder the ordinance. Where the expansion is proposed within an area of the site or part of the structurefor which a variance is required, the approval of an additional variance shall be required.

3. To hear and decide appeals from the decision of the zoning administrator after notice and hearingas provided by § 15.2-2204. However, when giving any required notice to the owners, their agents orthe occupants of abutting property and property immediately across the street or road from the propertyaffected, the board may give such notice by first-class mail rather than by registered or certified mail.

4. To hear and decide applications for interpretation of the district map where there is anyuncertainty as to the location of a district boundary. After notice to the owners of the property affectedby the question, and after public hearing with notice as required by § 15.2-2204, the board may interpretthe map in such way as to carry out the intent and purpose of the ordinance for the particular section ordistrict in question. However, when giving any required notice to the owners, their agents or theoccupants of abutting property and property immediately across the street or road from the propertyaffected, the board may give such notice by first-class mail rather than by registered or certified mail.The board shall not have the power to change substantially the locations of district boundaries asestablished by ordinance.

5. No provision of this section shall be construed as granting any board the power to rezone propertyor to base board decisions on the merits of the purpose and intent of local ordinances duly adopted bythe governing body.

6. To hear and decide applications for special exceptions as may be authorized in the ordinance. Theboard may impose such conditions relating to the use for which a permit is granted as it may deemnecessary in the public interest, including limiting the duration of a permit, and may require a guaranteeor bond to ensure that the conditions imposed are being and will continue to be complied with.

No special exception may be granted except after notice and hearing as provided by § 15.2-2204.However, when giving any required notice to the owners, their agents or the occupants of abuttingproperty and property immediately across the street or road from the property affected, the board maygive such notice by first-class mail rather than by registered or certified mail.

7. To revoke a special exception previously granted by the board of zoning appeals if the boarddetermines that there has not been compliance with the terms or conditions of the permit. No specialexception may be revoked except after notice and hearing as provided by § 15.2-2204. However, whengiving any required notice to the owners, their agents or the occupants of abutting property and propertyimmediately across the street or road from the property affected, the board may give such notice byfirst-class mail rather than by registered or certified mail. If a governing body reserves unto itself theright to issue special exceptions pursuant to § 15.2-2286, and, if the governing body determines thatthere has not been compliance with the terms and conditions of the permit, then it may also revokespecial exceptions in the manner provided by this subdivision.

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8. The board by resolution may fix a schedule of regular meetings, and may also fix the day or daysto which any meeting shall be continued if the chairman, or vice-chairman if the chairman is unable toact, finds and declares that weather or other conditions are such that it is hazardous for members toattend the meeting. Such finding shall be communicated to the members and the press as promptly aspossible. All hearings and other matters previously advertised for such meeting in accordance with§ 15.2-2312 shall be conducted at the continued meeting and no further advertisement is required.

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Planning Commission Monthly Update – Pending Land Use Cases September 5, 2018 CC= City Council; PC= Planning Commission

P:\PLANNING COMMISSION\Monthly LU Case Update\Pending Land Use Cases - Sept 2018.docx

Case Name Date Submitted

Staff Assigned

Address/ Description Status

REZ #18-01; Jefferson Square

10/27/17 Davis 9601 Jefferson Street; Rezone ±9.88 acres from R-2-S to B-3.5, with proffers. The project would allow 108 single family attached homes (townhomes) and nine single family detached homes.

Application accepted: 11/13/17 PC hearing: TBD

REZ #2018-2003, Nokesville Square

4/4/18 Arcieri 10209 Nokesville Road; City initiated rezoning of ±2.76 acres from I-1, Light Industrial to B-4, with proffers.

PC initiated: 4/4/18 PC recommended approval: 5/2/18 CC approved: 6/11/18

REZ #2018-2004, Didlake Proffer Amendment

4/4/18 Arcieri 8621 Breeden Avenue; proffer amendment to permit the use of the property for administrative offices.

Application accepted: 4/9/18 PC recommended approval: 5/2/18 CC approved: 6/11/18

SUP #2018-05, Hastings Child Care LLC

12/28/17 Davis 10260 Hastings Drive; SUP for child care center. Application accepted: 1/3/18 PC recommended approval: 4/4/18 CC approved: 5/21/18

SUP #2018-2000 and REZ #2018-2000 Sudley Road Medical Office Building

2/15/18 Arcieri 8802 Sudley Road; SUP and proffer amendment for a limited medical care facility.

Application accepted: 2/20/18 PC recommended approval: 4/4/18 CC approved: 6/11/18

SUP #2018-2010; Dean Drive Telecommunication Tower

5/11/18 Davis 9723 Dean Drive; SUP for a 140’ telecommunication tower.

Application accepted: 5/14/18 PC hearing: 9/5/18

SUP #2019-01; Stonewall Park Telecommunications Tower

7/17/18 Davis 8351 Stonewall Road; SUP amendment to increase the approved tower height from 110’ to 120’.

Application accepted: 7/26/18 PC hearing: TDB

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