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HomeMy WebLinkAboutZTA201300001 Resolution of Intent-UnsignedAttachment A 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; and WHEREAS, County Code § 18 -3.1 defines a number of the terms used in County Code § 18- 5.1.40; and WHEREAS, recent changes in the law, including the Federal Communications Commission's "Shot Clock" declaratory ruling, and the enactment of Section 6409 of the Middle Class Tax Relief Act of 2012, affect the time within which the County must act on certain applications for personal wireless service facilities, and compel the County to approve certain qualifying applications for the collocation, replacement or removal of equipment on existing wireless "towers "; and WHEREAS, practical experience resulting from administering County Code § 18- 5.1.40 since it was adopted in 2004 has allowed the County to identify several requirements of that section that are no longer necessary; and WHEREAS, in order to promote the efficient and effective administration of the County's regulations, it may be desirable to amend County Code §§ 18 -3.1 and 18- 5.1.40 to expressly incorporate recent changes in the law, amend and add definitions related to those recent changes in the law, and to delete those requirements that are no longer necessary. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a resolution of intent to consider amending Albemarle County Code § § 18 -3.1 and 18- 5.1.40 and any other sections of the Zoning Ordinance deemed to be appropriate, to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission shall 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 Return to exec summary 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; and WHEREAS, County Code § 18 -3.1 defines a number of the terms used in County Code § 18- 5.1.40; and WHEREAS, recent changes in the law, including the Federal Communications Commission's "Shot Clock" declaratory ruling, and the enactment of Section 6409 of the Middle Class Tax Relief Act of 2012, affect the time within which the County must act on certain applications for personal wireless service facilities, and compel the County to approve certain qualifying applications for the collocation, replacement or removal of equipment on existing wireless "towers "; and WHEREAS, practical experience resulting from administering County Code § 18- 5.1.40 since it was adopted in 2004 has allowed the County to identify several requirements of that section that are no longer necessary; and WHEREAS, in order to promote the efficient and effective administration of the County's regulations, it maybe desirable to amend County Code § § 18 -3.1 and 18- 5.1.40 to expressly incorporate recent changes in the law, amend and add definitions related to those recent changes in the law, and to delete those requirements that are no longer necessary. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a resolution of intent to consider amending Albemarle County Code §§ 18 -3.1 and 18- 5.1.40 and any other sections of the Zoning Ordinance deemed to be appropriate, to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission shall 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 Attachment B 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; and WHEREAS, County Code § 18 -3.1 defines a number of the terms used in County Code § 18- 5.1.40; and WHEREAS, the district regulations in County Code §§ 18 -10 through 18 -30 delineate those personal wireless facilities permitted by right and by special use permit within the particular zoning district; and WHEREAS, practical experience resulting from administering County Code § 18- 5.1.40 since it was adopted in 2004 has allowed the County to identify several standards and procedures that may be appropriate for amendment; and WHEREAS, in order to promote the efficient and effective administration of the County's regulations, it may be desirable to amend County Code §§ 18 -3.1 and 18- 5.1.40 to change certain application requirements, procedures and standards for reviewing and approving personal wireless facilities, standards for monopoles and the equipment attached to monopoles, certain definitions of terms used in County Code § 18- 5.1.40, and the district regulations in County Code §§ 18 -10 through 18 -30. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a resolution of intent to consider amending Albemarle County Code § § 18 -3.1, 18- 5.1.40, 18 -10 through 18 -30, and any other sections of the Zoning Ordinance deemed to be appropriate, to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission shall 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 Return to exec summary