On the agenda: Colonial Beach meeting — colocation (Mar 12)

TOWN OF COLONIAL BEACH
PLANNING COMMISSION MEETING
March 12, 2026, 6:00 PM
Colonial Beach Town Center
22 Washington Avenue, Colonial Beach, VA 22443

AGENDA
1. Call to Order
2. Pledge of Allegiance
3. Determination of Quorum
4. Approval of the Meeting Agenda
5. Approval of Minutes
a. January 29, 2026 Special Meeting
b. February 12, 2026 Regular Meeting
6. Public Comment on Non-Public Hearing Planning Commission/Land Use Items
7. Planning and Community Development Director’s Report
8. Planning Commission Committee Reports and Commissioner Comments
9. Public Hearings
a. None
10. Old Business
a. None
11. New Business
a. Telecommunications Facilities – Discussion Only
b. Fire Department New Building – Information Only
c. Authorization of Public Hearing for ZTA 26-03 and ZTA 26-04
12. Adjournment

1

TOWN OF COLONIAL BEACH
PLANNING COMMISSION MEETING
January 29, 2026, 6:00 PM

Colonial Beach Town Center
22 Washington Avenue, Colonial Beach, VA 22443

MINUTES
MEMBERS PRESENT:

Nathan Howell, Chairperson
Lauren Adams
Annamarie Bairstow
William Hutchins
Nigel Long
Bill Malone
Vicki Luna, Vice Chairperson (via zoom due to weather
conditions)

MEMBERS ABSENT: None
COUNCIL LIAISON:

Rick Wood

STAFF PRESENT:

Angela Lawrence, Director of Planning & Community Development
Powell Duggan, Town Attorney
Melissa Bell, Planning Technician

1) Call to Order
Chairperson Howell called the meeting to order at 6:01 p.m.
2) Pledge of Allegiance
Chairperson Howell led attendees in reciting the Pledge of Allegiance.
3) Determination of Quorum
Chairperson Howell noted 6 members are present and one member attending via zoom.
4) Approval of Agenda
ON A MOTION BY COMMISSIONER HUTCHINS, SECONDED BY
COMMISSIONER MALONE THE AGENDA WAS APPROVED UNANIMOUSLY 70, AS PRESENTED.

2

5) Public Hearings
A) ZONING TEXT AMENDMENT, ZTA 26-01: AMENDMENT TO ARTICLE 8
GENERAL COMMERICAL (C-1 DISTRICT) TO ADD "COMMUNICATION
FACILITY, NOT TO EXCEED A HEIGHT OF 100 FT.” AS A PERMITTED USE
WITH APPROVAL OF A CONIDITIONAL USE PERMIT.
a) Staff Presentation
Ms. Lawrence presented the Text Amendment to Article 8 (C-1) to add a Communication
Facility not to exceed height of 100 ft. as Conditional Use. Ms. Lawrence stated the staff
recommendation is for the Planning Commission to recommend approval of ZTA26-01
to Town Council.
b) Open Public Comment
• Chairperson Howell opened Public Hearing at 6:07 p.m.
• Speakers present: None
• Emails read into the record:
o William Nuckols, 204 Monroe Bay Avenue
c) Close Public Comment
Chairperson Howell closed Public Comment at 6:10 p.m.
d) Staff Response
No Response
e) Planning Commission Discussion
• Commissioner Luna asked why we do a text amendment? Ms. Lawrence stated that in
her presentation a Communication Facility is only allowed in an A-1 with a
Conditional Use Permit.
• Commissioner Luna asked if another buyer comes in to buy property, will they have
to follow code and was concerned about conditions and other areas that are C-1. Ms.
Lawrence, with any conditional use permit you put the conditions for the property not
the specific owner and for the use, so anything you put on there like no advertising,
landscaping, fencing, height or whatever will carry forward to the new owners.
• Commissioner Howell explained that it is just for the Text Amendment before them
and not a conditional use permit for communication facility.
f) Planning Commission Action
ON A MOTION BY COMMISSIONER LONG, SECONDED BY
COMMISSIONER BAIRSTOW TO RECOMMEND APPROVAL OF THE
ZTA 26-01 TO TOWN COUNCIL APPROVED (6-1)
AYES: COMMISSIONERS HOWELL, HUTCHINS, ADAMS,
BAIRSTOW, LONG, AND MALONE
NAYS: COMMISSIONER LUNA

3

B) CONDITIONAL USE PERMIT (CUP 26-01)- EXECUTIVE PROPERTIES, LLC
REQUEST FOR MIXED RESIDENTAL/COMMERICAL USE
a) Staff Presentation
Ms. Odom presented the CUP 26-01 application.
b) Open Public Comment
Chairperson Howell opened Public Comment at 6:50 p.m.
Speakers:
• Dan Wildman, 100 Washington Avenue
He presented the application and concept plan for the project and architectural
design, parking, and landscaping. He explained that project will include
storefronts on the ground level and apartments on the upper level. He informed
the Commission of his other projects in town.
• Jennifer Coffey, 209 Hawthorn Street
As an adjacent landowner operating a short-term rental, she expressed concern
the noise and questioned when construction was to begin.
• Eric Nelson, Lossing Avenue
He likes the concept and believes the owner of the proposed project will do a
great job, as with all his other projects that have been great.
• Emails read into the record:
William Nuckols, 204 Monroe Bay Avenue
c) Close Public Hearing
Chairperson Howell closed Public Comment at 6:57 p.m.
d) Staff Response
Ms. Odom presented a Power Point outlining the property location, the concept
plan and architectural concept plan. Adding the location is in a C-R which allows for
mixed used residential/commercial with the issuance of a Conditional Use Permit.
Ms. Odom recommended moving the project to Town Council for a Public Hearing.
e) Planning Commission Discussion
• Commissioner Hutchins asked about the types of retail and questioned the area
for the trash. Mr. Wildman responded it will be for both, but Public Works will
decide on totes or dumpsters. Commissioner Malone asked what the timing of
the project, fencing and parking. Mr. Wildman responded late summer into
midfall.
• Commissioner Adams asked about a designated loading or unloading zone,
landscape, ADA requirements, SWM. Mr. Wildman responded there should
not be a problem with loading or unloading and will work with an Engineer to
address all of these.

4

f) Planning Commission Action
ON A MOTION BY COMMISSIONER LUNA, SECONDED BY
COMMISSIONER BAIRSTOW TO RECOMMEND APPROVAL OF CUP
26-01 FOR A CONDITIONAL USE PERMIT FOR MIXED USE
RESIDENTAL/COMMERICAL IN A COMMERICAL RESORT ZONING
DISTRICT TO TOWN COUNCIL, UNANIMOUSLY (7-0)
AYES: COMMISSIONERS, HOWELL, HUTCHINS, ADAMS,
BAIRSTOW LONG, LUNA, AND MALONE
NAYS: NONE
6) Adjournment
Chairperson Howell adjourned the meeting at 7:23 P.M.

I certify that these Planning Commission Meeting Minutes were reviewed, approved, and
adopted by the Planning Commission on March 12, 2026.
__________________________________________
Nathan Howell, Chairperson
Attest:
__________________________________________
Angela Lawrence, Director Planning & Community Development

5

TOWN OF COLONIAL BEACH
PLANNING COMMISSION MEETING
February 12, 6:00 PM
Colonial Beach Town Center
22 Washington Avenue, Colonial Beach, VA 22443

MINUTES
MEMBERS PRESENT:

Nathan Howell, Chairperson
Vicki Luna, Vice Chairperson
Lauren Adams
Annamarie Bairstow
William Hutchins
Nigel Long
Bill Malone

MEMBERS ABSENT: None
COUNCIL LIAISON:

Rick Wood

STAFF PRESENT:

Angela Lawrence, Director of Planning & Community Development
Powell Duggan, Town Attorney
Melissa Bell, Planning Technician

1) Call to Order
Chairperson Howell called the meeting to order at 6:00 p.m.
2) Pledge of Allegiance
Chairperson Howell led attendees in reciting the Pledge of Allegiance.
3) Determination of Quorum
Chairperson Howell noted all members are present and one member attending via zoom.
4) Approval of Agenda
ON MOTION BY COMMISSIONER LUNA, SECONDED BY COMMISSIONER
BAIRSTOW THE AGENDA WAS APPROVED UNANIMOUSLY 7-0, AS
PRESENTED.
5) Approval of Minutes
a. December 11, 2025
ON MOTION BY COMMISSIONER BAIRSTOW SECONDED BY
COMMISSIONER HUTCHINS DECEMBER 11, 2025, MEETING MINUTES
WERE APPROVED UNANIMOUSLY, AS DRAFTED 7-0

6

b. January 8, 2026
ON MOTION BY COMMISSIONER BAIRSTOW SECONDED BY
COMMISSIONER ADAMS THE JANUARY 8, 2026, MEETING MINUTES WERE
APPROVED WITH AMENDMENTS TO PAGE 3 CHANGE MALONE TO
HUTCHINS AND HUTCHINS TO MALONE ON THE TOPIC OF THE POLICE
DEPARTMENT, APPROVED 7-0
6) Public Comment on Non-Public Hearing Planning Commission/Land Use
7) Planning and Community Director Report
a) Ms. Lawrence referred to the written report. Ms. Lawrence stated there may be a
rezoning coming forward regarding Monroe Bay C-1 to R-2 and a Zoning Text
Amendment for potential coffee roastery.
b) Commissioner Hutchins inquired about the three Short-Term Rental permits issued. Ms.
Bell and Ms. Lawrence explained they are new because they had not paid for their
business license to bring them into compliance. Commissioner Long inquired about the
number of Short-Term Rentals issued. Ms. Bell advised approximately 139.
8) Planning Commission Reports and Commissioner Comments
Chairperson Howell stated that the Comprehensive Plan committees need to be discussed and
committee appointments, timeline.
The committees are Commissioner Luna Comprehensive Plan, Commissioner Long
Economic Vitally Committee, Commissioner Bairstow Community Outreach, and
Commissioner Malone Fire/Ems.
Commissioner Long reported that the Alliance of Colonial Beach Community Organizations
held a volunteer recruitment event and Economic Vitally Committee held a meeting and has
definition of what they see as their relationship with the Planning Commission, but are
focusing on the downtown area.
9) PUBLIC HEARING: FY27-31 CAPITAL IMPROVEMENT PROGRAM
a) Staff Presentation
Ms. Lawrence presented the Capital Improvement Plan.
b) Open Public Comment at 6:32 p.m.
Robert Christiansen, Washington Avenue
He has concerns about #6 Sidewalks and the amounts listed on the CIP.
c) Close Public Comment 6:38 p.m.
d) Staff Response
Ms. Lawrence acknowledged the CIP has incorrect numbers for item #06 and item
#07 will be corrected.
e) Planning Commission Discussion
Chairperson Howell advised that the sidewalks repairs must be completed as required
by the Consent Order and read from the summary page for #6 for the sidewalk
repairs. General notes do not include FY 2026.

7

Commissioner Malone would like to see the numbers for FY 2026. Ms. Lawrence
advised she did not see it for FY 2026 and will get clarification and may have come
out of the CIP funds. Commissioner Long stated the sidewalk repair was initiated by
a citizen and the town did not have a chance to start the process.
Commissioner Hutchins advised summary page for item #10 was not with packet.
Ms. Lawrence advised that item #10 will be added. Items #16 & 17 are antipatent to
be completed FY 2026 and are not included.
f) Planning Commission Action
ON MOTION BY COMMISSIONER LONG SECONDED BY
COMMISSIONER MALONE CIP IS APPROVED WITH THE FOLLOWING
AMENDMENTS, CORRECT AMOUNTS FOR ITEMS 06 & 07, CHANGE
THE AMOUNT FOR ITEM #11 FROM $976,709 TO $976,710 TO TOWN
COUNCIL, UNANIMOUSLY 7-0
AYES: CHAIRPERSON HOWELL, COMMISSIONERS ADMAS,
BAIRSTOW, HUTCHINS, LONG, LUNA AND MALONE.
NYES: NONE
10) Old Business
None
11) New Business
a) 2025 Planning Commission Annual Report
Ms. Lawrence and Ms. Odom reviewed the Annual Report.
Commissioner Long would like there to be a note regarding the start time changed to
6:00 p.m. in the Meeting Summary. Chairperson Howell noted that the report is for 2025
and the change was made in 2026.
Commissioner Malone would like to see the report from 2025, to be able to compare and
build from there.
Commissioner Adams suggested a revision on page one, changing “sincerely” to
“sincere”.
Chairperson Howell thanked staff for all their hard work throughout the year.
ON MOTION BY COMMISSIONER BAIRSTOW, SECONDED BY
COMMISSIONER LONG TO ACCEPT THE ANNUAL REPORT WITH AN
AMENDMENT TO PAGE 1 “SINCERELY” TO “SINCERE” TO TOWN
COUNCIL, UNANIMOUSLY 7-0
AYES: CHAIRPERSON HOWELL, COMMISSIONERS ADAMS, BAIRSTOW,
HUTCHINS, LONG, LUNA AND MALONE
NAYES: NONE

8

b) 2026 Work Plan
Ms. Lawrence presented the Work Plan for 2026 and advised that it is an ever-changing
document.
Ms. Lawrence stated that regarding the comprehensive plan, staff is working on updating
the demographics and that the current plan has been forwarded to department heads for
review and revision of their applicable sections.
Commissioner Luna inquired if this will be completed in-house or will we be hiring a
consultant.
Commissioner Long asked if the plan would be an update or a complete revision. He
stated he will forward notes from the Economic Vitality Group and will pass on to
Commissioner Luna. He also questioned why the public input is being completed in the
fourth quarter. Chairperson Howell stated we are just trying to get organized and to get
our timeline for the refined.
Commissioner Luna and said we held community meetings and allowed citizens to bring
what they wanted. We had meetings and surveys for outreach to the public.
Chairperson Howell stated that it would be timely to address things simultaneously.
Ms. Lawrence advised there are a zoning text amendments that may be completed in
relationship to Comprehensive Plan revisions.
Commissioner Howell stated the work plan is a working document and does not need to
be approved as the items change throughout the year.

12) Adjournment
Chairperson Howell adjourned the meeting at 7:15 P.M.

I certify that these Planning Commission Meeting Minutes were reviewed, approved, and
adopted by the Planning Commission on March 12, 2026.
__________________________________________
Nathan Howell, Chairperson
Attest:
__________________________________________
Angela Lawrence, Director Planning & Community Development

9

TOWN OF COLONIAL BEACH
PLANNING COMMISSION MEETING
March 12, 2026

DIRECTOR’S REPORT

1) Permits Issued
11 Permits issued in January 2026:
• 8 Short-Term Rentals
• 1 Home Addition
• 1 Lot Consolidation
• 1 Renovation
• 2 Tree Removals
• 1 Short-Term Rental (New)
Average days from application to permit: 15
2) Other Items
a) Letters for this season’s Short-Term Rental permits will go out this month.
b) A flyer will be enclosed in the business license application letter to remind all
businesses of our sign ordinance. Enhanced enforcement will begin in April.
3) Personnel
a) John Sawdy, Community Enhancement Officer, has resigned effective March 13,
2026. We are actively recruiting for that position.

10

TOWN OF COLONIAL BEACH
TOWN COUNCIL MEETING
March 12, 2026

MEMORANDUM

TO:

Town of Council Beach Town Council

FROM:

Angela Lawrence, Director of Planning & Community Development

COPY:

Natasha Tucker, Town Manager; Kyler Brower, Assistant Town Manager; Powell
Duggan, Town Attorney

SUBJECT: Zoning Text Amendment (ZTA 26-01) and Zoning Text Amendment (ZTA 26-02)
DATE:

March 12, 2026

BACKGROUND:
At your January 29th meeting, Planning Commission voted to recommend approval of ZTA 26-01 to
Town Council. After the Town Council public hearing on February 18th, Council deferred the item to
it March 2 work session at which time it voted to refer the ZTA back to Planning Commission to
consider the height restriction as well as supplemental regulations and/or policy development. Council
also approved consideration of the Conditional Use Permit (CUP) concurrently with the ZTA.
The Town of Colonial Beach Zoning Ordinance Section 20-2 defines Communications Facility as
“Structures, including towers, where the principle use is to provide point-to-point communication
services whether by wire or radio, either aurally or visually, including radio, telephone, television
broadcasting and the exchange or recording of messages.”
The Zoning Ordinance only permits communications facilities and/or towers in the Agricultural (A1) Zoning District with the approval of a Conditional Use Permit (CUP). Height regulations for A-1
state, “Permitted structures may be erected up to thirty-five (35) feet from grade with the following
exceptions: Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flag poles, silo
(used for agricultural products - grain, corn, etc.), television antennas, and radio aerials are exempt.
There are currently no properties within the town zoned agriculturally. Therefore, to permit a
communications facility and/or tower in town:
• The property would need to be rezoned to A-1 and a CUP approved to permit a
communications facility/tower; or
• A text amendment initiated by the Planning Commission or Town Council to permit the use
in a zoning district other than A-1 is necessary.

11

Concerns regarding inappropriate locations with the C-1 district, limitations of the 100’ height
restrictions for future technological needs, and the lack of accompanied codified policies and/or
regulations were raised.
DISCUSSION:
On October 28, 2025, a request was received from the firm representing The Towers, LLC, a joint
venture of Verizon Wireless and Vertical Bridge, which proposes building a wireless facility on a lot
in the C-1 District off New Monrovia Street, one block from Rt. 205. At the time, the request was for
a 100’ tower because the applicant had previously been told that would be the limit. Council has an
interest in ensuring that we provide for future technological needs within the Town.
Under the Telecommunications Act of 1996, there are five important limitations on local government
when dealing with cell towers and telecommunications carriers:
• A local government shall not unreasonably discriminate between providers of functionally
equivalent services when regulating the placement, construction, and modification of cell
towers.
• A local government shall not prohibit or have the effect of prohibiting the provision of service
when regulating the placement, construction, and modification of cell towers.
• A local government must act on any request for authorization to place, construct, or modify
a cell tower within a “reasonable period of time” after the request is filed.
• A local government must issue a written opinion explaining its decision to deny a request,
which decision must be supported by “substantial evidence.”
• A local government cannot deny the placement, construction, or modification of cell towers
based on the alleged “environmental effects of radio frequency emissions,” so long as the
facilities comply with the FCC’s regulations on radio frequency emissions.
Proposed regulations include allowing in C-1 district, but not within 100 yards of residential districts,
schools, parks, or shoreline. This limits the use to a smaller area, mostly surrounding the Beechwood
Shopping Center.

The proposed ZTA 26-01 removes the 100’ height restrictions.
The proposed ZTA 26-02 provides guidance regarding structural requirements, lighting, setbacks,
prohibition of advertising, security, landscaping and screening, decommissioning, and other CUP
requirements.

12

RECOMMENDATION: Planning Commission discussion only. No action is needed currently. A
Joint Public Hearing will be held at the beginning of the April 9, 2026 Planning Commission
meeting.
ATTACHMENTS:
1. Draft Amendment ZTA 26-01: Section 8-2 Conditional Uses (Conditional Use Permit
Required)
2. Draft Amendment ZTA 26-02: Section 18-7 Telecommunications Towers and Related
Facilities Permitting and Regulations

13

Attachment 1 - Proposed Zoning Text Amendment (ZTA 26-01)

AMENDMENT TO THE ZONING ORDINANCE OF THE TOWN OF COLONIAL
BEACH, VIRGINIA, TO ADD “COMMUNICATIONS FACILITY” AS A PERMITTED
USE IN THE C-1 GENERAL COMMERCIAL DISTRICT WITH THE APPROVAL OF A
CONDITIONAL USE PERMIT
Section 8-2 Conditional Uses (Conditional Use Permit Required)
Notwithstanding 8-1 of this Article, the following uses require a Conditional Use Permit with an
approved site plan:
9. Communications facility
The amendment would result in Items 9 - 29 being renumbered as Items 10 – 30

14

Attachment 2 – Proposed Zoning Text Amendment ZTA 26-02
AMENDMENT TO THE ZONING ORDINANCE OF THE TOWN OF COLONIAL
BEACH, VIRGINIA, TO ADD SECTION 18-7 TELECOMMUNICATIONS TOWERS
AND RELATED FACILITIES PERMITTING AND REGULATIONS
A. Structural Requirements. Telecommunication towers and related facilities shall be designed and
constructed as follows:
1. Telecommunications towers shall be constructed with a galvanized steel finish or similar
material and shall, to the extent practicable, use materials, colors and textures so as to reduce
visual obtrusiveness.
2. Telecommunication towers shall not exceed 150 feet, including antennas.
3. Satellite dish and microwave dish antennas attached to monopoles shall not exceed three and
one-half (3.5) feet in diameter and shall be of a neutral, non-reflective color with no logos.
4. Whenever practicable, telecommunications towers shall include features that will camouflage
the telecommunications tower so as to blend in with the natural setting and the built
environment.
5. Prior to the use of a telecommunications tower or related facility, the owner of the tower or
facility shall have obtained approval of the structural integrity by a registered professional
engineer licensed in the state and a copy of such report shall be filed at the time of site plan
review.
6. All telecommunications towers and related facilities shall be located, designed and operated
in a manner that meets all requirements of the Federal Communications Commission and
the Federal Aviation Administration and does not create a hazard for the Hanover County
Airport for existing, future or planned airspaces.
B. Co-location. Wherever possible, prior to a new telecommunication tower being built, the
applicant must show valid technological, economic, or physical justification as to why colocation is not possible.
C. Lighting. The following lighting requirements shall be in addition to any lighting requirements
set forth in Section 8-3:
1. Telecommunications towers and facilities that are otherwise permitted by right shall not be
permitted if lighting, beacons, or other safety devices are required by the Federal
Communications Commission, the Federal Aviation Administration, or any other governing
agency.
2. Telecommunications towers and related facilities that are allowed with a conditional use
permit may be permitted if lighting beacons or other safety devices are required; however, if
lighting is required, the owner of the telecommunications tower or related facility shall
submit a lighting plan at the time of site plan review which shall include the available lighting
alternatives. As part of site plan approval, the town shall approve the design that would

15

cause the least disturbance to the surrounding views and have the least impact on
neighboring properties.
D. Setbacks. Where a telecommunications tower is camouflaged as provided in A.4. above, the
setback requirements shall be the same as those applicable to other buildings or structures in the
district in which the telecommunications tower is located. In all other instances, the following
additional setback requirements shall apply:
1. The minimum setback from the boundary of the property on which the telecommunications
tower or facility is located shall be equal to one hundred ten (110) percent of the "fall-zone"
as certified by a licensed engineer; should the "fall-zone" be equal to the height of the
telecommunications tower or related facility, the minimum setback shall be equal to one
hundred ten (110) percent of the height of the tower.
2. The minimum setback from existing off-site dwellings shall be as follows:
a. For telecommunications towers and related facilities that exceed fifty (50) feet in height
but do not exceed one hundred (100) feet in height, the minimum setback shall be two
hundred (200) feet;
b. For telecommunications towers and related facilities that exceed one hundred (100) feet
in height, the minimum setback shall be three hundred (300) feet.
3. The minimum setback from public rights-of-way shall be as follows:
a. For telecommunications towers and related facilities that exceed fifty (50) feet in height
but do not exceed one hundred (100) feet in height, the minimum setback shall be fifty
(50) feet;
b. For telecommunications towers and related facilities that exceed one hundred (100) feet
in height, the minimum setback shall be seventy-five (75) feet.
4. The minimum setback requirements set forth in subsections (2) and (3), above, may be
satisfied if:
a. The applicant can demonstrate that the telecommunications tower or related facility is
located within an existing wooded area and the height of the tower or facility is not more
than ten (10) feet above tree line (as observed from a public right-of-way or boundary of
the property on which the tower or facility is to be constructed), and
b. The property owner records a no-disturbance perimeter easement with a minimum of
twenty-five (25) feet on all sides of the compound containing the telecommunications
tower or related facility.
The no-disturbance perimeter easement shall provide that disturbance of the wooded
area surrounding the proposed telecommunications tower or related facility; however,
the no-disturbance perimeter easement shall permit a single means of access to a
telecommunications tower or related facility, provided the means of access is located so
as to minimize visibility of the tower or facility from neighboring residences and public
rights-of way.

16

E. Signs prohibited. No advertising of any type may be placed on a telecommunications tower or
related facility, except that a sign shall be required displaying the name, registration number, and
emergency contact number of the tower owner. The sign shall not exceed four (4) square feet in
size and shall be located on the security fence or other approved location.
F. Security. All related facilities shall be located, fenced or otherwise secured in a manner that
prevents unauthorized access. At the time of site plan review, the owner of the property or the
tower shall submit specifications on the security for the telecommunications tower or related
facility, which shall demonstrate measures to ensure that:
1. All antennas, towers and other supporting structures, including guy wires, are inaccessible to
individuals and constructed or shielded in such a manner that they cannot be climbed or run
into; and
2. Transmitters and telecommunications control points are installed such that they are readily
accessible only to persons authorized to operate or service them.
G. Landscaping and screening requirements. All equipment and facilities related to a
telecommunications tower shall be screened in accordance with Article 24 of the Town of
Colonial Beach Zoning Ordinance. Screening shall not be required if the equipment and facilities
are located within an enclosed structure or are visually obstructed from the public right-of-way
or from neighboring properties by existing vegetation or other structures on site. An applicant
who proposes to use existing vegetation to screen the equipment and facilities shall record an
easement providing that the vegetation shall remain. At the time of site plan review, the owner
shall submit a landscaping plan showing existing vegetation and a screening plan for the
equipment and facilities. Existing mature tree growth and natural land forms on the site shall be
preserved to the maximum extent possible.
H. Removal of abandoned, unsafe, or unused telecommunications towers and related facilities.
1. Any telecommunications tower or related facility found to be defective or unsafe shall be
repaired to meet federal, state, and local safety standards or removed within six (6) months at
the expense of the owner of the property or the telecommunications tower or related facility.
2. Any telecommunications tower or related facility that is not operated for a continuous
period of eighteen (18) months shall be considered abandoned, and the owner of the
telecommunications facility or related structure shall remove the tower or facility within
ninety (90) days of receipt of notice from the town that the tower or facility must be
removed. Removal includes the removal of the antennas, telecommunications towers and
related facilities, fence footers, underground cables and support buildings. Any buildings and
foundations may remain with the approval of the owner of the property on which the
telecommunications tower or related facility is located.
3. If there are two (2) or more users of a single telecommunications tower or related facility,
then this provision shall not become effective until all users cease using the
telecommunications tower or related facility.

17

I. Additional requirements for telecommunications facilities permitted with a conditional use
permit. An application for a conditional use permit to allow the construction of a
telecommunications tower or related facility shall be accompanied by a report containing the
information set forth in this section. The report shall be signed and certified by a licensed
professional engineer registered in the commonwealth. The report shall include the following:
1. A statement, with supporting documentation, demonstrating that existing
telecommunications facilities or alternative telecommunications structures cannot physically
accommodate the proposed antenna or array or technical evidence that existing
telecommunications facilities or alternative telecommunications structures cannot be utilized
to achieve reasonable coverage objectives. Copies of written requests and responses for
shared use shall be provided.
2. An inventory of the applicant's existing sites that are located within the Town or within five
(5) miles of the Town’s border, including specific information about the location, height, and
design of each tower.
3. On the submitted proposed conceptual plan:
a. Site topography and topography within a four hundred (400)-foot radius of the proposed
tower;
b. A scaled elevation view, including tree line heights; and
c. Supporting drawings, calculations, and other documentation showing the location and
dimensions of all improvements, radio frequency coverage, tower height, setbacks,
parking, security fencing, landscaping, proposed ingress and egress, and adjacent uses,
including proximity to residential uses.
4. For telecommunications towers that are proposed to exceed one hundred (100) feet in
height, certification that the proposed telecommunications tower and related facility are
compatible for a minimum of three (3) additional users including the primary user and
information demonstrating that antennas, telecommunications towers, and
telecommunications facilities for possible co-locator antennas are no higher than required to
accommodate the additional users. The report shall include a statement signed by the
individual applicant or a responsible officer of a corporate applicant, as appropriate, setting
forth the applicant's willingness to co-locate on other company's telecommunications towers
and the applicant's willingness to accept other users on its telecommunications tower or
related facility.
5. Design standards for the proposed telecommunications tower and related facility, with
particular reference to design characteristics that have the effect of reducing or eliminating
the visual impact from neighboring properties and rights-of way.
6. Photographs from the site showing adjoining properties and other relevant views and
simulated photographic image of the proposed telecommunications tower and related facility
from neighboring properties and rights-of-way and within one (1) mile of a designated
historic site or district or Virginia Scenic Byway.

18

7. Documentation that demonstrates the need for the telecommunications tower or related
facility to provide service primarily within the town.
8. Name, address and phone number of the person preparing the report.
9. Location of the nearest existing off-site residential structure.
10. Location, size and height of all structures on the property which is the subject of the
application.
11. Type, locations and dimensions of all proposed and existing landscaping, and fencing.
12. The design of the telecommunications tower or related facility, including the specific type of
support structure that will be used and the design, type, location, size, height and
configuration of all existing and proposed antennas and other equipment.
13. The frequency, modulation and class of service of radio or other transmitting equipment,
including certification that the proposed telecommunications tower or related facility will not
interfere with the county's emergency public safety communications system or existing
telecommunications devices.
14. Transmission and maximum effective radiated power of antennas and arrays to be located
on the telecommunications tower.
15. Direction of maximum lobes and associated radiation of the antennas and arrays to be
located on the telecommunications tower.
16. Certification that nonionizing electromagnetic radiation (NIER) levels at the proposed site
are within the threshold levels adopted by the FCC.
17. A copy of the FCC license applicable for the use of telecommunications towers or related
facilities.
18. Certification that a topographic study and analysis and an environmental impact analysis
have been conducted and that the site is adequate to ensure the stability of the proposed
telecommunications tower or related facility. The environmental impact analysis shall
identify all historic structures or sites that may be impacted by the proposed
telecommunications tower or related facility and shall include an assessment of the impact
that the proposed telecommunications tower or related facility will have on agricultural and
forestal resources and wildlife habitats.
19. Propagation studies of the proposed site and all adjoining planned, proposed, in-service or
existing sites.
J. Site plan required; submission of obstruction survey after construction.
K. Prior to the construction of any telecommunications tower or related facility, a site plan shall be
prepared and submitted for review and approval in accordance with the requirements of Town
of Colonial Beach Zoning Code Article 14; the site plan shall provide adequate information to
demonstrate that the proposed telecommunications tower or related facility complies with all
requirements of this section.
L. An obstruction survey shall be submitted within thirty (30) days of completion of the
telecommunications tower or related facility; if the telecommunications tower or related facility
is in operation prior to the expiration of that thirty (30)-day period, the survey shall be submitted

19

on the day that operation begins. The obstruction survey must meet the Accuracy Code '2C' as
defined in Appendix 2 of FAA Order 8260.19C CHG 3 dated July 14, 2003, or the latest change.
1. Interference with public safety communications systems prohibited. Telecommunications
transmissions from any telecommunications tower or related facility shall not interfere with
the emergency public safety communications system operated by the county or any
communications system operated by the federal, state or county government.
2. Owner or operator to maintain adequate insurance.
3. The owner of property on which a telecommunications tower or other facility or the
operator of the telecommunications tower or related facility shall secure and at all times
maintain public liability insurance for personal injuries, death and property damage, and
umbrella insurance coverage.
4. The insurance policies shall be issued by an agent or representative of an insurance company
licensed to do business in the commonwealth.
5. The insurance policies shall contain an endorsement obligating the insurance company to
furnish the county with at least thirty (30) days prior written notice in advance of the
cancellation of the insurance.
6. Renewal or replacement policies or certificates shall be delivered to the county at least fifteen
(15) days before the expiration of the insurance that such policies are to renew or replace.
7. Prior to construction of a permitted telecommunications tower or related facility, the owner
of the property on which the telecommunications tower or facility is located or the operator
of the telecommunications tower or related facility shall deliver to the town a copy of each
of the policies or certificates representing the insurance as required in subsection (1), above.

20

TOWN OF COLONIAL BEACH
PLANNING COMMISSION MEETING
MARCH 12, 2026

MEMORANDUM
TO:

Town of Colonial Beach Planning Commission

FROM:

Darla Odom, Zoning Official

COPY:

Angela Lawrence, Director of Planning and Community Development; Natasha
Tucker, Town Manager; Kyler Brower, Assistant Town Manager; and Powell
Duggan, Town Attorney

SUBJECT:

UPCOMING PUBLIC HEARING – COLONIAL BEACH VOLUNTEER
FIRE DEPARTMENT – SUBSTANTIAL ACCORD DETERMINATION
AND REZONING FROM C-1 AND R-2 TO CR WITH CONDITIONAL
USE PERMIT APPROVAL

DATE:

March 12, 2026

BACKGROUND:
The Colonial Beach Volunteer Fire Department proposes to construct a building on the 0.7 acre
properties identified as 3A2-2-88 Parcels 8-11 to allow for storage of fire apparatus and an area for
meetings and special events. The properties front the west line of Garfield Avenue, approximately
50 feet north of Colonial Avenue. (See Map 1 on Page 2)
The Zoning Ordinance categorizes the proposed uses as an Emergency Service Establishment which
is permitted by-right in the Commercial-Residential (CR) Zoning District and Community Facilities
which requires approval of a Conditional Use Permit in the CR Zoning District.
DISCUSSION:
To allow the proposed use, the Fire Department has filed applications requesting:
1. Substantial Accord Determination (SA 26-01) to permit a public facility (Emergency Services
Establishment) in a Commercial-Residential (CR) District; and
2. Rezoning from General Commercial (C-1) and General Residential (R-2) to CommercialResidential (CR) with Conditional Use Permit approval (RZ-C 26-01) to allow community
facility use (meeting and event space).
A public hearing to consider these applications is scheduled for the Commission’s April 9, 2026,
meeting.

Page 1 of 2
21

MAP 1

CB Volunteer
Fire Dept.

RECOMMENDATION:
Provided for the Commission’s information. No action necessary.

Page 2 of 2
22

TOWN OF COLONIAL BEACH
TOWN COUNCIL MEETING
March 12, 2026

MEMORANDUM

TO:

Town of Council Beach Town Council

FROM:

Angela Lawrence, Director of Planning & Community Development

COPY:

Natasha Tucker, Town Manager; Kyler Brower, Assistant Town Manager; Powell
Duggan, Town Attorney

SUBJECT: Authorization of Public Hearing for Zoning Text Amendment (ZTA 26-03 AND ZTA
26-04): Small Scale Production
DATE:

March 12, 2026

BACKGROUND:
A potential coffee roasting business has inquired about zoning for such. They anticipate selling sell
via the internet, directly to consumers and, eventually, to wholesale customers.
The proposed roasting machine will be gas (propane) fired and vented to the outside. Generally the
vent pipe goes directly up and exits above the roof. If that route isn't practical, the roaster can be
vented out a side wall and then turn 90 degrees and the exhaust end terminates above the roof line.
There is typically a small amount of visible smoke but certainly a lot less than what a fireplace emits
or what you see from a restaurant grill hood exhaust.
As a boutique roastery, at full operation, they anticipate roasting up to 500lbs of coffee per month
(6,000 lbs per year). They have no plans to reach a national scale of distribution in any sense of the
word. The roastery will have a retail space where customers can buy beans, merchandise, and small
coffee brewing equipment and related supplies. Depending on the space where they end up, I hope
to have a co-located cafe that will serve coffee drinks, pastries, breakfast sandwiches and other grab
and go foods (but nothing that will require a grill, grill hood, etc.).
The buildings that are currently looking at are in the RC district.
Our zoning ordinance does not address coffee roasting and/or small-scale production. The Town
does not have light industrial zoning.
Coffee roasting, like microbrewing and brew pubs, have the potential to be an excellent fit in the
Town’s commercials districts; however, also have unique circumstances.

23

DISCUSSION:
After conversations with numerous local governments in Virginia, I have been unable to locate zoning
text specific to Coffee Roasteries. Most localities consider it light manufacturing (which we don’t
have), or general business/commercial districts depending on secondary uses such as retail and/or
restaurant use and/or number of employees.
Rather than limiting the production only to roasteries, staff recommends consideration of the smallscale production definition to allow other small-scale uses, as defined, to operate in the commercial
districts. Number of employees, impacts on the surrounding properties, and secondary uses would be
included in the CUP application.
RECOMMENDATION:
Authorize staff to advertise a public hearing to amend Section 20-2 Definitions; Section 7-3 Resort
Commercial (RC) District Conditional Uses (Conditional Use Permit Required); Section 8-1 General
Commercial (C-1) District Permitted Use; and Section 9-3 Commercial Residential (C-R) District
Conditional Uses (Conditional Use Permit Required) to allow for “Small Scale Production, not
exceeding 6,000 square” at the April 9, 2026 Planning Commission meeting.

ATTACHMENTS:
1. Draft Amendment ZTA 26-03
2. Draft Amendment ZTA 26-04

24

Attachment 1 - Proposed Zoning Text Amendment (ZTA 26-03)

AMENDMENT TO SECTION 20-2 DEFINITIONS OF THE ZONING ORDINANCE
OF THE TOWN OF COLONIAL BEACH, VIRGINIA, TO ADD “SMALL SCALE
PRODUCTION” DEFINITION
Section 20-2. Definitions.
Small-Scale Production: An establishment, not to exceed 6,000 square feet, where shared or
individual tools, equipment, or machinery are used to make or grow products on a small scale,
including the design, production, processing, printing, assembly, treatment, testing, repair, and
packaging, as well as any incidental storage, retail or wholesale sales and distribution of such
products. Typical small-scale production establishments include, but are not limited to, vertical
farming, food products, non-alcoholic beverages, prints, leather products, jewelry and
clothing/apparel, art-related metal work, furniture, glass, ceramic or paper, together with accessory
uses such as training or educational programs.

25

Attachment 2 - Proposed Zoning Text Amendment (ZTA 26-04)
AMENDMENTS TO SECTION 7-3 RESORT COMMERCIAL (RC) DISTRICT
CONDITIONAL USES (CONDITIONAL USE PERMIT REQUIRED); SECTION 8-1
GENERAL COMMERCIAL (C-1) DISTRICT PERMITTED USE; AND SECTION 9-3
COMMERCIAL RESIDENTIAL (C-R) DISTRICT CONDITIONAL USES
(CONDITIONAL USE PERMIT REQUIRED) TO ALLOW FOR “SMALL SCALE
PRODUCTION, NOT EXCEEDING 6,000 SQUARE FEET”.

26