HomeMy WebLinkAbout2015-4-14Tentative
BOARD OF SUPERVISORS
T E N T A T I V E
APRIL 14, 2015
3:00 P.M., AUDITORIUM
COUNTY OFFICE BUILDING
1. Call to Order.
2. Consent Agenda (for approval).
2.1 Resolution of Intent for Wireless Amendment – Replacement of
Wood Poles with Metal Poles. (Bill Fritz)
3. Discussion and Adoption of Calendar Year 2015 Tax Rate Resolution.
4. Discussion and Adoption of FY 2015/16 Capital and Operating Budgets.
5 . Adjourn to April 30, 2015, 6:30 p.m., John Paul Jones Area, Nehemiah
Action (IMPACT).
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RESOLUTION OF INTENT
WHEREAS, County Code § 18-5.1.40, which is part of the Albemarle County Zoning Ordinance,
establishes regulations pertaining to personal wireless service facilities, including requiring that wireless facilities
be set back a distance from any lot line equal to the height of the wireless facility (the “fall zone” and the “fall zone
setback”); and
WHEREAS, the fall zone setback protects the public safety and general welfare by reducing the physical
and visual impacts of wireless facilities on abutting lots; and
WHEREAS, the County’s prior regulations allowed a wireless facility to be located within the fall zone
setback by waiver, and some waivers may have been granted without the abutting lot owner’s knowledge or written
consent to the physical and visual impacts of the wireless facility being so located, and the impacts on how the
owner of the abutting lot may use that lot within the fall zone that extends onto the abutting lot; and
WHEREAS, County Code § 18-5.1.40 currently enables the agent to authorize a wireless facility to be
located within the fall zone setback if the applicant obtains an easement or other recordable document showing an
agreement between the owner of the lot on which the wireless facility is located and the owner of the abutting lot
that addresses development within the portion of the fall zone on the abutting lot (the “fall zone easement”); and
WHEREAS, the replacement of a wood monopole with a metal monopole located in the fall zone setback,
currently allowed without discretionary County review, is a significant act that may have adverse impacts on the
abutting lot if a fall zone easement does not exist; and
WHEREAS, in order to ensure that any adverse impacts on an abutting lot may be adequately addressed, it
may be desirable to amend County Code § 18-5.1.40 to require a special exception to replace a wood monopole
with a metal monopole within the fall zone setback where a fall zone easement does not exist.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good zoning practices, the Albemarle County Planning Commission hereby adopts a
resolution of intent to consider amending County Code § 18-5.1.40 to achieve the purposes described herein;
and
BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on the
zoning text amendment proposed pursuant to this resolution of intent, and make its recommendations to the Board
of Supervisors at the earliest possible date.
* * * * *
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted
by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as recorded below, at a
regular meeting held on _________________________.
_____________________________
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd ____ ____
Ms. Dittmar ____ ____
Ms. Mallek ____ ____
Ms. McKeel ____ ____
Ms. Palmer ____ ____
Mr. Sheffield ____ ____