STAFF REPORT
Town Council Public Hearing, December 15, 2011

LDO Amendments – 11-LDO-06 (PL12-015a)
Public hearing for proposed amendments to the Land Development Ordinance regarding telecommunications facilities
Speaker: Mr. Wayne Nicholas

From: Jeffery G. Ulma, AICP, Planning Director
Prepared by: Wayne P. Nicholas, AICP, Planning Manager
Approved by: Benjamin T. Shivar, Town Manager
Approved by: Michael J. Bajorek, Assistant Town Manager

Executive Summary: Based on direction provided by the Town Council at the August 2011 work session, staff has prepared amendments to various parts of the Land Development Ordinance (LDO) pertaining to the regulation of telecommunications facilities. Staff recommends that following the public hearing, Town Council refer the proposed amendments to the Planning and Zoning Board for review and a recommendation.

Tentative Schedule for 11-LDO-06 (Round 19) LDO Amendments:

* Italicized dates are tentative.

Background: At the request of Town Council, staff conducted a comprehensive review of the telecommunications facilities regulations contained in the LDO utilizing a focus group comprised of various stakeholder representatives. Staff documented concerns related to technology considerations, current ordinance requirements and the application review processes. This feedback was summarized and used to develop preliminary staff recommendations regarding potential amendments to the LDO and other review process changes related to the telecommunications facilities regulations. Staff presented this information to Town Council at a work session in August 2011. At that time, council discussed and commented on the preliminary recommendations presented by staff.

Based on direction provided by the Town Council at the work session, staff has prepared amendments to the LDO pertaining to the regulation of telecommunications facilities. These proposed changes are identified collectively as LDO Amendment 11-LDO-06. The staff contact for the amendments included in this report is Wayne Nicholas, Planning Manager.

The proposed amendments would:

• Add a purpose section to the existing telecommunications facilities section of the LDO;
• Indicate the Town’s preferences for facility locations by listing a siting hierarchy;
• Further define existing requirements for co-location on existing towers;
• Create additional opportunities and/or incentives for constructing concealed (stealth) antennae and towers within the Town by:

- allowing such facilities as a “by-right” use in residential zoning districts if under a certain height;

- establishing minimum setback distances for concealed (stealth) facilities that are less than the requirements for non-stealth towers;

- limiting the use of third-party reviews when stealth facilities are proposed;

• Establish different review/decision authority (Planning Director, Zoning Board of Adjustment or Town Council) for stealth towers based on the proposed height of the structure.
• Incorporate additional submittal requirements, as specified by the Planning Director, for telecommunications facilities.

Fiscal Impact: None.

Staff Recommendation: Staff recommends that following the public hearing, Town Council refer the proposed LDO text amendments included in 11-LDO-06 to the Planning and Zoning Board for review and a recommendation.