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HomeMy WebLinkAboutZTA201400004 Action Letter� /RCir�1Q County of Albemarle Department of Community Development Memorandum To: Albemarle County Architectural Review Board From: William D. Fritz, AICP, Chief of Special Projects Date: October 8, 2014 Subject: Certificates of Appropriateness for Personal Wireless Service Facilities A Zoning Text Amendment is currently under review by the Board of Supervisors (BOS) which contains a proposal to eliminate the requirement for Personal Wireless Service Facilities to obtain a Certificate of Appropriateness (COA) from the Architectural Review Board (ARB). The Planning Commission has recommended that the requirement for Personal Wireless Service Facilities to obtain a COA be retained. Before taking action on the proposed amendment the Board of Supervisors has requested comment from the ARB and further discussion of the amendment by the Planning Commission. The BOS has previously authorized the ARB to establish criteria for a County Wide Certificate of Appropriateness for Personal Wireless Service Facilities. This would allow the issuance of a COA 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 COA for the base equipment portion of the facility, which in many cases is not visible from the EC. When Planning Division staff reviews an application, the impact on the general area, including but not limited to the impact on the Entrance Corridor, is considered. Staff has recommended that ARB staff should continue to be involved in the review of applications to ensure that the visual impacts of telecommunications facilities on the ECs are mitigated; but, review by the full ARB should be eliminated. The BOS would appreciate receiving comment from the ARB on this issue and specifically wants to know if the ARB supports an amendment to the ordinance to eliminate the requirement for Personal Wireless Service Facilities to obtain a Certificate of Appropriateness. � /RCir�1Q County of Albemarle Department of Community Development Memorandum To: Albemarle County Architectural Review Board From: Bill Fritz, Chief of Special Projects Date: November 7, 2014 Subject: Proposed revisions to wireless regulations A Zoning Text Amendment is currently under review by the Board of Supervisors (BOS) which contains a proposal to eliminate the requirement for Personal Wireless Service Facilities to obtain a Certificate of Appropriateness (COA) from the Architectural Review Board (ARB). The Planning Commission has recommended that the requirement for Personal Wireless Service Facilities to obtain a COA be retained. Before taking action on the proposed amendment the Board of Supervisors has requested comment from the ARB and further discussion of the amendment by the Planning Commission. At your October 20, 2014 meeting, Ms. Joseph indicated that she could not support elimination of the Certificate of Appropriateness requirement if other requirements, like the tree survey, were also going to be eliminated. After additional brief discussion, the ARB directed staff to return with a summary of the other proposed changes, so these could be considered before a final recommendation is made on the Certificate of Appropriateness requirement. Below is the draft tree survey language that staff is currently working with. 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 height-, 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 screening, er-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 would appreciate any comments you have on the proposed language. In particular, staff is interested in any specific language that would allow you to support the proposed amendment to eliminate the requirement for Personal Wireless Service Facilities to obtain a COA from the ARB. Following review by the ARB staff will request additional comments from the Planning Commission before taking the proposed zoning text amendment back to the BOS for action. � /RCir�1Q County of Albemarle Department of Community Development Memorandum To: Board of Supervisors From: Bill Fritz Date: September 22, 2014 Subject: ZTA 2014 -04 Personal Wireless Service Facilities Phase 2 On June 24, 2014 the Planning Commission reviewed proposed amendments addressing Personal Wireless Service Facilities. The executive summary, resolution of intent, proposed ordinance, comments received from the public, and draft minutes of the meeting are attached. At the meeting on June 24, 2014 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 purpose of the October 1, 2014 Board of Supervisors worksession is to discuss the proposed amendments and determine the next steps in the amendment process. Specifically, the goal is to: - Identify those provisions that the Board can support as proposed. - Identify changes that would allow the Board to support a provision. - Identify those provisions the Board cannot support regardless of revisions to the language. Attachment A pF A� m �'�kGilytP County of Albemarle Department of Community Development Memorandum To: Board of Supervisors From: Bill Fritz Date: September 22, 2014 Subject: ZTA 2014 -04 Personal Wireless Service Facilities Phase 2 In 2012, the Board directed staff to work on ordinance amendments to update the requirements for personal wireless services facilities (PWSF). The amendments served two purposes. Phase 1 brought the County's ordinance into compliance with recent changes to Federal regulations and was adopted by the Board in May 2013. Staff believes the current ordinance now complies with Federal requirements. Phase 2 is intended to improve the County's processes and possibly relax some standards. Staff started work on Phase 2 following completion of Phase 1. Subsequently, Phase 2 was split into two parts to simplify the considerations. The attached is the first part of Phase 2 which includes minor changes to process and submittal requirements. The second part of Phase 2 will be brought forward at a later date, as requested by the Board. On June 24, 2014 the Planning Commission reviewed proposed amendments addressing the Phase 2 PWSFs. The Planning Commission's executive summary, resolution of intent, proposed ordinance, comments received from the public, and draft minutes of the meeting are attached. At the meeting on June 24, 2014 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 purpose of the October 1, 2014 Board of Supervisors work session is to discuss the proposed amendments and determine the next steps in the amendment process. Specifically, the goal is to: - Identify those provisions that the Board can support as proposed. - Identify changes that would allow the Board to support a provision. - Identify those provisions the Board cannot support regardless of revisions to the language. If at the conclusion of the work session the Board is satisfied with the ordinance, it would be appropriate to direct staff to schedule a public hearing to receive formal public comment prior to consideration for action.