HomeMy WebLinkAboutPackets - Council Packets (678)Council Meeting
Regular Session
January 17, 2018
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Town Council Meeting Announcements
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Upcoming Meetings
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Rancho Vistoso Parcel 10J
Final Plat
Town Council
January 17, 2018
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Good Evening
Purpose
Proposed final plat
39 lot subdivision on 18 acres
Gated community with 2 access points
6 acres preserved natural open space
Conforms to approved Tentative Development Plan
Discussion and possible action
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Location
Moore Road
Rancho Vistoso Blvd.
Splendido
Golf Club @ Vistoso
Vistoso Highland Drive
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Final Plat
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Vistoso Highland Drive
Rancho Vistoso Blvd.
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Summary and Recommendation
In conformance with:
Town Zoning Code
Approved Tentative Development Plan
Staff recommends approval
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Small Wireless Facilities
January 17,. 2018
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Introduction
Applies to Small Wireless Facilities (Small Wifeless”) in the Right-of-way;
Applies to location on government owned and other utility poles;
Sets maximum fee for Small Wireless at $50 per year for Right-of way use;
Sets maximum fee for Small Wireless at $50 per year for pole attachment;
The new Small Wireless framework needs to be effective by February 9, 2018
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What is a Small Wireless facility?
6 cubic feet of antennas:
28 cubic feet of wireless equipment unless installed before August 9, 2017, then 50 cubic feet is allowed.
http://www.ccm-ct.org/celltowers
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Applicable Regulation:
Public Safety;
Objective design standards;
Reasonable stealth/concealment;
Undergrounding;
Contract;
Reasonable spacing.
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Regulations:
Specifically exempt from local zoning review and approval
20 days to determine and notify applicant if application is complete
75 days to take action on application
30 days to take action on revised applications
When deadline not met, applicant receives automatic approval
Applicants can apply in batches
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Questions?
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Proposed Code Amendment
Small Cell Wireless Facilities
Town Council
January 17, 2018
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OV1702913
Zoning Code Amendment
Update zoning code to reflect Sate law
Add definition for Small Cell Wireless
Add exemption from code
Planning and Zoning Commission recommends approval
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Proposed Code Amendment
for Written Protests by Property Owners
Town Council
January 17, 2018
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Good Evening
Purpose
Update requirements for written protests of rezoning proposals to reflect two Arizona State Laws:
House Bill 2116
Protest area
Impact of protests
House Bill 2262
Submittal requirements for protests
Discussion and possible action
Update the Written Protest by Property Owners for rezoning cases to reflect
The laws redefined how we calculate the protest area, the impact of a protest and provides submittal requirements for written protests.
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Background
Arizona State Law:
Acknowledges rezoning cases are impactful
Mandates how written protests are applied to rezoning cases
Successful written protests spur a super-majority vote by Town Council
Current code reflects previous law
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Previous Arizona State Law
Protest Area = 20% by area or lots within:
150’ of the property excluding the right-of-way
Super-majority
6-1 vote in Oro Valley instead of a 4-3 vote
Subject Property
Prior to May 2017
If 20% of property owners by area or lots within 150’ of a subject property, excluding the right of way, filed a written protest against a proposed rezoning case, it prompted a super-majority
vote by Council. In OV super majority was rounded up resulting in needing a 6-1 vote.
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New Arizona State Law
Protest Area = 20% by area, lots and tracts within:
150’ of the property including the right-of-way
Subject property
Super-majority
5-2 in Oro Valley
Submittal requirements
Subject Property
The law has now redefined the protest area as being 20% of property owners by area AND lots within 150’ of a subject property, including the right of way and also includes the subject
property.
Including the right-of-way and the subject property make it much harder for written protests to be successful prompting a super majority vote.
Additionally, the law now requires a super-majority vote be rounded to the nearest whole number. With a 7 member council, a super majority vote in OV now requires a 5-2 vote.
Lastly, the law establishes submittal requirements for filing written protests. At a minimum they must be filed in the clerks office by noon the day before Council considers the rezoning
case.
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Summary and Recommendation
Proposed Code Amendment:
Conformance with Arizona State Law
Redefines the protest area
Impact of protests
Submittal requirements
Planning and Zoning Commission recommended approval
In summary, the proposed code amendment is to update the written protest by property owners section to reflect two Arizona State Laws. The proposed code amendment is verbatim of the
laws to redefine the protest area, impact of protests and submittal requirmentments.
Staff recommends approval. This concludes my presentation and I am happy to answer any questions.
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