COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

ZTA 03-02 Personal Wireless Service Facilities

 

SUBJECT/PROPOSAL/REQUEST:

Amend the Zoning Ordinance to implement the second phase of regulations pertaining to personal wireless service facilities by revising several existing regulations and adding the three-tiered review system recommended by the Personal Wireless Service Facilities Policy.

 

STAFF CONTACT(S):

Tucker, Foley, Davis, Kamptner, Sprinkle, Waller

 

LEGAL REVIEW:   Yes

 

AGENDA DATE:

October 13, 2004

 

ACTION:       X                      INFORMATION:   

 

CONSENT AGENDA:

  ACTION:                            INFORMATION:   

 

 

ATTACHMENTS:    Yes

 

 

REVIEWED BY:   

 

 

 

BACKGROUND:

At its meeting on July 14, 2004, the Board of Supervisors held a public hearing on the proposed ordinance to amend the Zoning Ordinance to implement the second phase of regulations pertaining to personal wireless service facilities by revising several existing regulations and adding the three-tiered review system recommended by the Personal Wireless Service Facilities Policy.  The Board deferred action on this item, requesting that staff make revisions to the proposed language to address issues raised at the public hearing and to take the necessary steps to establish a fee for Tier II facilities.  The requested changes, along with some additional changes recommended by staff, are included in the latest draft amendment, dated October 5, 2004.

 

DISCUSSION:

A list of the key substantive revisions is provided below:

 

Section 3.1 Definitions - Avoidance area:

 

Section 5.1.40.a.6 (a) Personal wireless service facilities:

 

Section 5.1.40.a.8 Personal wireless service facilities:

 

Section 5.1.40.d.2 [Tier II facilities]:

 

Section 5.1.40.d.4 [Tier II facilities]:

 

Section 5.1.40.d.6 [Tier II facilities]:

 

Section 5.1.40.d.7 [Tier II facilities]:

 

Section 5.1.40.d.13 [Tier II facilities]:

 

Fees:

In attempting to address the Board’s questions regarding the fee schedule for the three different types of facilities, staff has determined that Tier I and Tier III facilities will continue to be accepted with building permit and special use permit applications, which already have fees assigned.  Because of the similar level of review, staff recommends that Tier II facilities are assessed the same fee that is established in Section 35.f.3 for final site development plans that require Planning Commission review after approval of the preliminary site development plan.  However, because the Tier II facilities will require development of a totally new set of applications and checklists, it is staff’s opinion that Tier II facilities should be listed as a separate category in Section 35 "Fees" in the Zoning Ordinance, requiring a separate zoning text amendment.  This newly proposed amendment to the fee schedule has been addressed in ZTA 04-007, which was recommended for approval by the Planning Commission on September 28, 2004 and is set for public hearing by the Board on October 13, 2004.

 

RECOMMENDATIONS:

Staff recommends that the Board adopt the attached ordinance dated October 5, 2004.

 

ATTACHMENTS

Latest proposed zoning ordinance amendment dated October 5, 2004.
View Draft July 14 Board minutes
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