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BOOK JM PACE LDR AMENDMENTS - HEARING DATES REGARDING COMMUNICATION TOWERS/ AS The Board reviewed a Memorandum of March 26, 1997: TO: James E. Chandler County Administrator DIV ON HEAD CONCURRENCE: T� Robert M. Rea i , AI Community De el menirector FROM: Stan Boling AICP Planning Director DATE: March 26, 1997 SUBJECT: Approval of Hearing Dates for Two Board Hearings to Consider LDR Amendments Related to Communication Towers/Antennas It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 1, 1997. Until the 1995 state legislative session, all land development regulation (LDR) amendments required two evening hearings of the Board of County Commissioners. .Current_ law now allows some flexibility in LDR amendment meeting times, although two hearings are still required for the communication towers/antennas amendments being proposed. Normally, a special Board meeting is scheduled for the Board's initial consideration of an LDR amendment proposal. However, because the Board has extensively workshopped the tower/antenna LDR amendment issue, staff believes that the Board's first hearing can be handled at a regular meeting that has a "light" agenda. Other amendments not related to towers/antennas will need to be reviewed by the Board later this spring. Recently, the Professional Services Advisory Committee reviewed and made recommendations on the proposed tower/antenna amendments, and the Planning and Zoning Commission is scheduled to consider proposed amendments at its March 27, 1997 meeting. To finalize amendments prior to expiration of the current tower application moratorium, the Board must now set dates and times for the required public hearings. If the first public hearing is held prior to May 5th and the Board agrees on an acceptable ordinance, then the Board could invoke the pending ordinance doctrine at the end of the first hearing and could hold the second (final) hearing after May 5th. By invoking the pending ordinance doctrine, the Board could ensure that any time gap between May 5th and the final hearing is covered by a new, acceptable pending ordinance. Planning staff has coordinated closely with the county attorney's office concerning the newer state requirements for LDR amendment hearings. The new legislation divides LDR amendments into two types: 1. Amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning category (district); and 2. All other types of amendments. APRIL 19 1997 42 0a i