HomeMy WebLinkAboutZTA201100001 Legacy Document 2011-06-07COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA 2011 — 1 Wireless Broadband
SUBJECT /PROPOSAL /REQUEST:
Proposal to amend the provisions of the Personal
Wireless Service Facilities section of the ordinance to
include Wireless Broadband as a type of Personal
Wireless Service Facility
STAFF CONTACT(S):
Bill Fritz
AGENDA DATE:
Planning Commission — April 19, 2011
Board of Supervisors — To be determined
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
BACKGROUND:
Wireless Broadband is a technology that permits high -speed internet access to be provided throughout the County. It
is particularly useful as a means of providing service to rural areas that do not have access to land based high -speed
internet. The technology works like Personal Wireless Service Facilities in that one or more facilities are used to
transmit and receive the signals necessary to provide an adequate coverage. These facilities are considered radio
transmission towers requiring a special use permit under current regulations.
DISCUSSION:
Staff views this Zoning Text Amendment as a "house cleaning" amendment bringing the ordinance in line with current
wireless technology. The impact of this amendment will be the application of identical regulations to similar uses
(Unlicensed Wireless Broadband Internet Service Providers and Personal Wireless Service Facilities) with identical
regulations.
BUDGET IMPACT:
No impact is expected.
RECOMMENDATIONS:
Staff recommends approval of the Zoning Text Amendment.
STAFF: William D. Fritz, AICP
PLANNING COMMISSION PUBLIC HEARING: April 19, 2011
BOARD OF SUPERVISORS PUBLIC HEARING: To be determined
ZTA 2011 — 1 Wireless Broadband
ORIGIN: Resolution of Intent adopted by Planning Commission on February 8, 2011. (Attachment A)
PROPOSAL: To amend the definition of Personal Wireless Service Facilities to include Unlicensed Wireless
Broadband internet access.
PUBLIC PURPOSE TO BE SERVED:
The rural areas of the County have limited options for high speed internet access. One option to provide high -speed
internet access is to use a Wireless Broadband Internet Service. Licensed or unlicensed providers can provide
Wireless Broadband Internet Service. The Federal Communications Commission has determined that if a licensed
provider provides Wireless Broadband Internet Service, that service is considered to be protected by the provisions of
Section 704 of the 1996 Telecommunications Act. If an unlicensed provider provides the service, the service is not
protected by the provisions of Section 704 of the 1996 Telecommunications Act. However, the nature of the facilities
is the same regardless of whether the service is provided by a licensed or unlicensed provider.
Wireless Broadband Internet Service is provided by one or more facilities (towers or other points of transmission) in a
manner similar to cellular phone service. Under the current ordinance, unlicensed providers must submit a special
use permit for every site, while a licensed provider may make use of the three tier provisions allowed by the Personal
Wireless Service Facilities regulations. Staff sees a public purpose to be served by treating like uses with similar
review processes.
BACKGROUND:
The County adopted the Personal Wireless Service Facilities regulations in 2001. The regulations did not consider
Wireless Broadband Internet Service and staff can identify no discussion of any kind addressing Wireless Broadband
Internet Service in the Personal Wireless Service Facilities Policy. However, the concept of providing wireless service
is included in the Policy.
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Staff views this Zoning Text Amendment as a "house cleaning" amendment bringing the ordinance in line with current
wireless technology. The impact of this amendment will be the application of identical regulations to similar uses
(Unlicensed Wireless Broadband Internet Service Providers and Personal Wireless Service Facilities).
All Zoning Text Amendments are reviewed for possible impacts on Administration /Review Process, Housing
Affordability and Implications to Staffing /Staffing Costs.
Administration / Review Process: Approval of this text amendment will allow review of Unlicensed Wireless Broadband
Internet Service in the same way as Personal Wireless Service Facilities as opposed to using the special use permit
process. Over the last 10 years the Personal Wireless Service Facilities regulations have proven to be a much easier
process for applicants and the County. The process has resulted in predictable outcomes that have furthered the
goals of the County. Approval of this text amendment will result in easier administration and a streamlined review
process.
Housing Affordability: No impact.
Implications to Staffing /Staffing Costs: No increased staffing or staff costs are associated with this text amendment
STAFF RECOMMENDATION:
Attachment A: Resolution of Intent
Attachment B: Ordinance Language
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