Summary Staff Report:
This proposed text amendment is being initiated to address a
specific situation at Vint Hill, where an existing 410 foot
high cell tower is proposed to be relocated within the
project. The tower exists as a legal non-conforming use.
Because the tower is located within a key development area,
there is interest in relocating it within the property.
Under existing Zoning Ordinance regulations, it could not be
moved and rebuilt, but it can remain forever as-is.
The proposed text amendment would allow the tower to be
relocated and rebuilt with approval of a special exception,
provided that the rebuilt tower is more conforming with
current regulations than the existing tower. There are
multiple ways that such a facility could be made more
conforming, to include: any decrease in height, more buffer
area, more setback from other uses, a design with stealth
elements. Under the proposed language, the Board of
Supervisors could approve the relocation provided the
applicant proposed at least one of these improvements with
the relocated tower.
The Board of Supervisors initiated consideration of this
text amendment on October 11, 2007. The Planning Commission
held a public hearing on the issue on November 29, 2007 and
recommended unanimous approval.
The Board also asked that staff look at including a setback
requirement from towers for new buildings. Staff has
determined that the appropriate location for such a
requirement would be with other setback requirements in
Article 2 rather than with the Telecommunications
requirements in Article 11. As no text amendment was
advertised for Article 2 when the amendment went to the
Planning Commission, staff separated that issue into a
different text amendment to go forward to the Planning
Commission at their next meeting.