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HomeMy WebLinkAboutZTA201400004 Executive SummaryCOUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Zoning Text Amendment — Personal Wireless Service Facilities SUBJECT /PROPOSAL /REQUEST: Adoption of resolution of intent to consider amending County Code §§ 18 -3.1 and 18- 5.1.40 pertaining to personal wireless service facilities STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, Graham, Fritz, Baldwin PRESENTER (S): N/A LEGAL REVIEW: Yes AGENDA DATE: May 7, 2014 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: . -'� BACKGROUND: On April 2, 2014, the Board held a work session on the County's personal wireless service facilities regulations. The Board received a report from staff, which included a brief review of some issues pertaining to the application and review process and the physical standards for wireless facilities. The Board also received comments from members of the public, including representatives of the wireless industry. STRATEGIC PLAN: Goal 3: Encourage a diverse and vibrant local economy. DISCUSSION: Since the April 2 work session, staff has identified several issues pertaining to the application and review process that could be considered in a zoning text amendment that would improve and expedite that process without affecting the visibility of wireless facilities or their impacts on neighboring parcels and the zoning districts in which they may be located. The resolution of intent for the Board's consideration merely initiates the zoning text amendment process and officially directs staff to begin working on the zoning text amendment by studying the issues, receiving input from various sources, and developing proposed ordinance language. The text amendment will then proceed to the Planning Commission for a public hearing, which may be preceded by one or more work sessions held by the Commission. Thereafter, the Commission will make a recommendation on the amendment and forward that recommendation to the Board. The issues pertaining to the application and review process to be considered in the proposed zoning text amendment include: Exempt wireless facilities from critical slopes provisions: Any exemption would be limited to the tower or monopole and the ground equipment and would be subject to performance standards. The County has never denied a special exception for critical slopes to be disturbed for a wireless facility and the Board has previously indicated its desire to create this exemption. Allowing wireless facilities to be located on critical slopes would expand the opportunities to site facilities in locations that minimize other impacts. Revise the tree survey submittal requirements: The current regulations require that a survey of the height, caliper and species of all trees within 50 feet of a proposed monopole be submitted with an application. The survey is costly to prepare. Experience has shown that knowing the height of the reference tree (the tree on which the permissible height of a treetop facility is based) is the key information that should be provided by a survey. In addition, there are other means to determine the most relevant information pertaining to the other trees within 50 feet of the monopole — their height — if that information is needed. AGENDA TITLE: Zoning Text Amendment — Personal Wireless Service Facilities May 7, 2014 Page 2 Add authority to require photo simulations with a wireless application: Industry representatives provide photo simulations when requested but processing applications could be expedited if photo simulations were required to be submitted with an application. Clarify the setback requirements for wireless facilities: There are two setback regulations that, if amended, may provide more flexibility in siting wireless facilities: (1) the current regulations require that all wireless facilities (i.e., the monopole and the ground equipment) be set back from the property line a distance that is at least equal to the height of the tower or monopole. Staff recommends that that requirement apply only to the tower or monopole, and not the ground equipment; and (2) the setback distance may be reduced under the current regulations if the owner of the abutting parcel grants a fall zone easement; however, owners of abutting parcels may be willing to consent to a reduction in the setback but are unable to expeditiously grant an easement because the parcel is subject to a deed of trust or for other reasons. Staff would like to explore other options to an easement. Add wireless facilities to the list of structures in the Entrance Corridor Overlay District for which a certificate of appropriateness is not required: Under the current zoning regulations, the ARB must issue a certificate of appropriateness for wireless facilities proposed in the Entrance Corridor Overlay District to ensure compliance with the County's design guidelines. Although the ARB is authorized to issue a "countywide" certificate of appropriateness for all wireless facilities in the County, it has not done so yet. Experience has shown that the County's wireless regulations have very specific design standards for wireless facilities and they leave the ARB little room to exercise its discretion when it conducts its review. In addition, the County's wireless regulations, like the ARB's review for other structures, focus on the visual impacts of the wireless facility. Because the visual impacts from wireless facilities are addressed in the County's wireless regulations, staff recommends that the regulations be amended to exempt wireless facilities from ARB review. Expressly authorize temporary and mobile cell sites ( "cell on wheels" "COWS "): COWS are temporary cell sites most commonly used during emergencies and temporary special events hosting large numbers of attendees. The County has allowed COWS to be used in these circumstances. Staff recommends that their use be codified. BUDGET IMPACT: No budget impact is anticipated. RECOMMENDATIONS: Staff recommends that the Board adopt the resolution of intent (Attachment A) and direct staff to proceed with work on the zoning text amendment. ATTACHMENTS: Attachment A — Resolution of intent Return to consent agenda Return to regular agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2014 -04 Personal Wireless Service Facilities Phase 2 SUBJECT /PROPOSAL /REQUEST: Amendments to the regulations of Personal Wireless Service Facilities STAFF CONTACT(S): Bill Fritz PRESENTER (S): Bill Fritz LEGAL REVIEW: No AGENDA DATE: June 24, 2014 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The County's first comprehensive regulation of Personal Wireless Service Facilities took place in 2004. Since that time significant changes in law, technology and usage have occurred. To address these changes the County broke amendments of the ordinance into two parts. Phase 1 addressed changes in the law and changed the way applications were processed. Those changes were approved in May 2013. Phase 2 was intended to address broader changes in the design of facilities and to address changes requested by the industry. On April 2, 2014 the Board of Supervisors held a worksession on the Phase 2 amendments. The result of the worksession was to significantly scale back the Phase 2 amendments to only include minor changes not intended to alter the appearance of facilities. STRATEGIC PLAN: Goal 3:Encourage a diverse and vibrant local economy. DISCUSSION: The changes included in the proposed ordinance are: - Modification of submittal requirements and how tree information is submitted. - Provision to allow the requirement of photo simulations. - Modification of the applicability of critical slope regulations. - Modification of method of determining setback. - Inclusion of provisions for temporary facilities. - Removal of requirement for a Certificate of Appropriateness. Modification of submittal requirements and how tree information is submitted. The current ordinance requires all trees within 50 feet of the proposed tower to be surveyed, including height, caliper and species. The proposed ordinance would allow only the reference tree to be surveyed and require the submittal of photographic information of the sites characteristics. The ordinance would allow the County to require all trees within 50 feet of the proposed tower to be surveyed, including height, caliper and species, if it was determined necessary to adequately review the application. Based on staff experience the inclusion of detailed survey information on all trees within 50 feet does not aid in the review. Field visits and photographs are much more useful in the review. The proposed ordinance retains the ability to require the information if in a particular case it is determined to be necessary. Provision to allow the requirement of photo simulations. The ordinance does not currently allow the County to require photo simulations. While no request for a photo simulation has ever been denied, staff believes the ordinance should be amended to allow the information to be required. Modification of the applicability of critical slope regulations. Currently the construction of the tower and base station equipment is subject to critical slope regulations and the access way is considered an exempt activity. The County has routinely approved, and never denied, requests to disturb critical slopes for the construction of Personal Wireless Service Facilities. The areas disturbed are limited due to the limited footprint of the facilities. Disturbance allows for the site to be located in ways that minimize tree impact and reduces the visual impact of the facility. The proposed ordinance allows critical slopes to be disturbed by -right and requires that performance standards be met. The proposed ordinance modifies how access roads are addressed. The existing ordinance exempts the access roads from the critical slopes regulations if there is no reasonable alternative location for the road. The proposed ordinance removes the exemption and would require a special exception for the all disturbance of critical slopes for the road. Modification of method of determining setback. The current ordinance states that the "facility' shall be setback from the property line not less than a distance equal to the height of the tower. The intent of this provision was to require that the tower not be located closer to the property line than the height of the tower. However, the definition of "facility' includes the base station equipment. The impact of the existing provision is that in the case of a 90 foot tower the tower may be located 90 feet from the property line and the base station equipment must also be 90 feet from the property line even though the equipment is smaller than a typical shed. The existing requirement reduces the flexibility to site the base station equipment to minimize visibility. Amending this provision is consistent with the original intent of the ordinance and allows for flexibility to reduce visibility. The tower must still meet the 1:1 setback limit and if the location of the base station equipment results in adverse visual impacts the application may be denied. The existing ordinance allows the 1:1 setback to be reduced if the Board grants a special exception or if the adjoining owner grants an easement in a recordable form. Multiple instances have occurred where the adjoining owner was willing to grant an easement but because the property had a mortgage they were unable to grant the easement without the lending institutions approval. The proposed ordinance would allow the setback to be reduced if the adjoining owner approved of the reduction. The approval would not have to be recorded. If this provision is adopted the County will develop a standard format for the authorization of the reduction. Inclusion of provisions for temporary facilities. The County currently has a Board endorsed policy on the location of temporary facilities. Staff believes that incorporating this policy into the ordinance is appropriate. Temporary facilities have been authorized several times, most recently for Fox Field, without any complaints or concerns. Removal of requirement for a Certificate of Appropriateness. The Board has previously authorized the Architectural Review Board (ARB) to establish criteria for a County Wide Certificate of Appropriateness for Personal Wireless Service Facilities. This will allow the issuance of a Certificate of Appropriateness administratively by staff instead of requiring review by the full ARB. The existing regulations for Personal Wireless Service Facilities have very detailed design standards for the construction of a facility. This leaves the ARB with limited discretion when reviewing an application. ARB review is limited to two issues: 1) The ARB provides advice to the Agent regarding whether or not the facility is being sited to minimize its visibility along the Entrance Corridor street, and 2) the ARB issues a Certificate of Appropriateness for the base equipment portion of the facility, which in many cases is not visible from the EC. Staff review considers the impact on the general area, including but not limited to the Entrance Corridor. Staff opinion is that ARB staff should continue to be involved in the review of applications to ensure that the visual impacts of a facility are mitigated. However review by the full ARB should not be required. BUDGET IMPACT: These changes have no budget impact. RECOMMENDATIONS: Staff recommends approval of the proposed amendments. ATTACHMENTS: Attachment A — Resolution of intent Attachment B — Proposed ordinance COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2014 -04 Personal Wireless Service Facilities Phase 2 SUBJECT /PROPOSAL /REQUEST: Amendments to the regulations of Personal Wireless Service Facilities STAFF CONTACT(S): Bill Fritz PRESENTER (S): Bill Fritz LEGAL REVIEW: No AGENDA DATE: December 2, 2014 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: On June 24, 2014 the Planning Commission reviewed proposed amendments addressing Personal Wireless Service Facilities. The Planning Commission took the following actions: - Recommended approval of the modification of submittal requirements and how tree information is submitted. - Recommended approval of provision to allow the requirement of photo simulations. - Recommended additional evaluation of modification of the critical slope regulations to allow the tower and base station without a special exception. - Recommended approval of modification of the critical slope regulations to require the access road to require a special exception. - Recommended additional evaluation of modification of method of reducing setback to include a letter of authorization from the abutting owner. - Recommended approval of modification of allowing base station equipment to be closer to the property line. - Recommended approval of provisions for temporary facilities with modifications to the time limit. - Recommended denial of removal of requirement for a Certificate of Appropriateness. The Board of Supervisors held a worksession on October 1, 2014 and provided staff with the following direction: - Modification of submittal requirements and how tree information is submitted. o Staff will develop alternative standards and bring them back to the Board. - Provision to allow the requirement of photo simulations. o Staff will bring this amendment to the Board. - Modification of the critical slope regulations to allow the tower and base station without a special exception. o The Board did not support this amendment. - Modification of the critical slope regulations to require the access road to require a special exception. o Staff will bring this amendment to the Board. - Modification of method of reducing setback to include a letter of authorization from the abutting owner. o The Board did not support this amendment. - Modification of allowing base station equipment to be closer to the property line. o The Board did not support this amendment. - Provisions for temporary facilities with modifications to the time limit. o Staff will bring this amendment to the Board. - Removal of requirement for a Certificate of Appropriateness. o The Board requested additional comments from the Architectural Review Board and the Planning Commission. DISCUSSION: As requested by the Board of Supervisors staff requested additional comments from the Architectural Review Board and is now requesting additional comments from the Commission. Staff also developed alternative standards for the submittal of tree information in order to address concerns raised by both the Board of Supervisors and the Architectural Review Board. With the inclusion of the language below in the ordinance the Architectural Review Board supported the removal of requirement for a Certificate of Appropriateness. 5.1.40 PERSONAL WIRELESS SERVICE FACILITIES The purpose of section 5.1.40 is to implement the personal wireless service facilities policy, adopted as part of the comprehensive plan. Each personal wireless service facility (hereinafter "facility ") shall be subject to following, as applicable: a. Application for approval: Each request for approval of a facility shall include the following information: 4. Plans and supporting drawings, calculations and documentation. Except where the facility will be located entirely within an existing structure or an existing building, a scaled plan and a scaled elevation view and other supporting drawings, calculations, and other documentation required by the agent, signed and sealed by an appropriate licensed professional. The plans and supporting drawings, calculations and documentation shall show: (f) Trees. The TTeight, caliper and species of all trees where the dripline is located within fifty (50) feet of the facility. The height, caliper and species of any tree that the applicant is relying on to provide that are retied upon to establish the proposed height or screening, or beth, of the monopole or tower. The height, caliper and species of the reference tree. The caliper and species of aAll trees that will be adversely impacted or removed during installation or maintenance of the facility shall be noted, regardless of their distances to the facility. Staff initially recommended that a Certificate of Appropriateness should not be required for Personal Wireless Service Facilities. The Architectural Review Board's most recent action reinforces staffs initial recommendation. Staff comment provided to the Planning Commission on June 24, 2014 was: Removal of requirement for a Certificate of Appropriateness. The Board has previously authorized the Architectural Review Board (ARB) to establish criteria for a County Wide Certificate of Appropriateness for Personal Wireless Service Facilities. This will allow the issuance of a Certificate of Appropriateness administratively by staff instead of requiring review by the full ARB. The existing regulations for Personal Wireless Service Facilities have very detailed design standards for the construction of a facility. This leaves the ARB with limited discretion when reviewing an application. ARB review is limited to two issues: 1) The ARB provides advice to the Agent regarding whether or not the facility is being sited to minimize its visibility along the Entrance Corridor street, and 2) the ARB issues a Certificate of Appropriateness for the base equipment portion of the facility, which in many cases is not visible from the EC. Staff review considers the impact on the general area, including but not limited to the Entrance Corridor. Staff opinion is that ARB staff should continue to be involved in the review of applications to ensure that the visual impacts of a facility are mitigated. However review by the full ARB should not be required. RECOMMENDATIONS: Staff recommends that the Planning Commission discuss the need for wireless facilities to obtain a Certificate of Appropriateness. If the Planning Commission believes that the requirement for a Certificate of Appropriateness should be retained, staff requests that the Commission provide an explanation of the need for a Certificate of Appropriateness in order to assist the Board's deliberation. ATTACHMENTS: A- June 24, 2014 Planning Commission Minutes COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ZTA 2014 -04 Personal Wireless Service Facilities February 11, 2015 Phase 2 ACTION: X INFORMATION: SUBJECT /PROPOSAL /REQUEST: Adoption of an ordinance to amend the Personal Wireless CONSENT AGENDA: Service Facilities regulations ACTION: INFORMATION: STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, Fritz PRESENTER (S): Bill Fritz LEGAL REVIEW: Yes ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: On October 1, 2014, the Board held a work session to discuss proposed amendments to the Personal Wireless Service Facilities regulations. See Attachment A for the October 1 staff report. The Board directed staff to revise the proposed ordinance, to seek additional comments from the Planning Commission (PC) regarding the proposal to eliminate the Certificate of Appropriateness requirement for Personal Wireless Service Facilities, and to develop revised language for the submittal of tree information on the application. See Attachment B for a summary of the Board's October 1 actions. STRATEGIC PLAN: Goal 4: Protect the County's parks and its natural, scenic and historic resources in accordance with the County's established growth management policies. DISCUSSION: Pursuant to Board direction at the October 1 work session, staff met with the Architectural Review Board (ARB) and the PC regarding the proposed elimination of the Certificate of Appropriateness requirement. Staff also developed alternative standards for the submittal of tree information in order to address concerns raised by both the Board and the ARB. With the inclusion of the developed language, both the PC and the ARB recommend the removal of the Certificate of Appropriateness requirement. See Attachment C for a summary of the PC and ARB discussion regarding the Certificate of Appropriateness issue. BUDGET IMPACT: There is no budget impact is expected. RECOMMENDATIONS: After the public hearing, staff recommends that the Board adopt the proposed ordinance (Attachment D). ATTACHMENTS: Attachment A — Staff report presented to the Board of Supervisors on October 1, 2014 Attachment B — Summary of the Board's Action of October 1, 2014 Attachment C — Summary of PC and ARB discussion reaardina certificate of appropriateness issue Attachment D — Proposed Ordinance View PC Minutes of June 24 and December 2, 2014 Return to agenda