HomeMy WebLinkAboutAgenda - 02-28-2011 - C.3~3~`3
ORANGE COUNTY
BOARD OF COMMISSIONERS
AND PLANNING BOARD
QUARTERLY PUBLIC HEARING
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 28, 2011
Action Agenda
Item No. C.3
SUBJECT: Review and Adoption of the Master Telecommunication Plan (MTP) Map
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENTS:
1. Proposed Master Telecommunication
Plan Map
2. Map of Enrolled Private and Quasi-
Public Properties
3. Map of Existing Wireless
Telecommunication Towers
4. Timeline for Project Development
5. OWASA Letter
6. Table Denoting Summary of Wireless
Support Structures Types and
Approval Processes
7. Table Denoting Process Requirements
for Wireless Support Structures
8. Memorandum from Staff Outlining
Possible Conditions for County
Properties
9. Copy of Approved Legal Advertisement
INFORMATION CONTACT:
Glenn Bowles, Planner II 245-2577
Craig Benedict, Director 245 2592
PURPOSE: To hold a public hearing to receive comment on the Master Telecommunication
Plan in accordance with the provisions of Section 6.18 Telecommunication Towers and
Equipment and Section 6.18.5 Master Telecommunication Plan of the Orange County Zoning
Ordinance (hereafter `the Ordinance') and to take action on the Plan.
BACKGROUND: There are portions of the County that are either not served, or are
underserved, by telecommunication services. This has become an impediment to essential
County communications for several departments (i.e. Emergency Management, Sheriff,
Information Technologies, Building Inspections, Health Department, etc) and has negatively
impacted local residents.
Within the Ordinance there is a mechanism available to the County to take proactive action to
potentially address these issues through the adoption of the Master Telecommunication Plan
Map (hereafter `the Plan').
~~
Proposal: In accordance with Section Article Six (6) 6.18.5 Master Telecommunication Plan of the
Ordinance, the County has the ability to adopt a Plan denoting the potential location for location of
wireless support structures. This Plan essentially serves as a marketing tool to allow the County to
provide some direction on where available properties, suitable for the development of wireless
support structures, are located. Available properties include those where existing property owners
have expressed formal, written, interest to the County in allowing for the development of a tower.
Additions or modifications to the Plan are reviewed annually, as warranted, by the BOCC at the
February Quarterly Public Hearing. Applications to add to, withdraw from or otherwise modify,
the Plan are required to be filed with the Zoning Officer (Planning Director within the UDO) prior
to December 15t" of each year.
The adoption of the Plan does not create an automatic exemption for the various properties
contained on the Plan from the review and approval process as prescribed by the Ordinance with
respect to the development of wireless support structures.
Please refer to Attachment 1 of this abstract for the proposed Plan, which denotes the following
properties as suitable location(s) for wireless support structure(s) development.
1. The Occoneechee Mountain fire tower (E-2),
2. The Cedar Grove Fire Department (P-1),
3. The Cedar Grove County Park (P-2),
4. The Caldwell Fire Department (P-3),
5. The future County Northeast Park (P-4),
6. The Walnut Grove County Solid Waste facility (P-5),
7. The Eno Fire Department (P-6),
8. The County Soccer Fields (P-8),
9. A OWASA site (P-11),
10. The White Cross Fire Department (P-13), and
11. The Mellott property.
Ordinance Reauirements -Types of Wireless Support Structures and Approval Processes:
A wireless support structure (hereafter `tower') is defined within Article Twenty-two (22) Definitions of
the Ordinance as:
A new or existing structure, such as a monopole, lattice, or guyed tower that is
designed to support or capable or supporting wireless facilities. A utility pole is not
a wireless support structure.
In reviewing Article Four (4) Section 4.3 Table of Permitted Uses of the Ordinance, the following
towers are permitted for development with Orange County:
• Use Category P17D -Telecommunication Towers -Stealth (75 feet of shorter) -Permitted
by right subject to the review of a site plan submitted in accordance with Article Fourteen (14)
Site Plan Approvals and Article Six (6) Section 6.18 Telecommunication Towers and
Equipment of the Ordinance.
~~
• .Use Category PD17C -Telecommunication Towers - (150 feet in height or shorter) -
Permitted by right subject to the issuance of a Class B Special Use Permit (hereafter `SUP')
in accordance with Article Six (6) Section 6.18, Article Eight (8) Special Uses including
Section 8.8.17 (a) Telecommunication Wireless Support Structures, and Article Fourteen (14)
of the Ordinance. Per Article Eight (8) Section 8.3 of the Ordinance, Class B SUP
applications are reviewed and acted upon by the Orange County Board of Adjustment
• Use Category PD17A -Telecommunication Towers - (greater than 150 feet in height)
Permitted by right subject to the issuance of a Class A SUP in accordance with Article Six (6)
Section 6.18, Article Eight (8) including Section 8.8.17 (a), and Article Fourteen (14) of the
Ordinance. Per Article Eight (8) Section 8.3 of the Ordinance, Class A SUP applications are
reviewed and acted upon by the Orange County Board of Adjustment
It should be noted that Article Six (6) Section 6.18.1 (a) Administrative Approval of Certain
Telecommunication Facilities of the Ordinance provides that under certain circumstances, towers
over seventy-five (75) feet but under one hundred fifty (150) feet in height, can be approved
administratively under certain circumstances, specifically:
• Any tower: `less than one hundred fifty (150) feet in height that is located on property that is
owned or leased by Orange County and/or
• Any tower: `less than one hundred fifty (150) feet in height on which the owner of such facility
permits the County to collocate its wireless facilities on the structure at no charge to the
County when the location of such facility is of benefit to the County as determined at the sole
discretion of the County'
Towers approved under this process are required to adhere to the various development
standards detailed within Article Eight (8) Section 8.8.17 (a) of the Ordinance. This includes
adherence to the following requirements:
a. Development of a site plan denoting the location of the proposed tower, setback
distances, fall zone requirements, etc,
b. A landscape plan denoting the planting of require foliage for the tower,
c. Draft bond agreements for the project,
d. Data concerning possible environmental impact, and
e. All other required documentation detailed within the Ordinance.
This does not include conducting balloon tests, the notification of residents within 1,000 feet
that a tower application is being reviewed by staff, or holding a public hearing to review the
application through the administrative process.
Please refer to Attachments 6 and 7 for a summary of the various tower types and approval
processes associated for each classification of tower.
Ordinance Requirements -Location of Towers:
In accordance with Article Eight (8) Section 8.8.17 (a) (2) (a) of the Ordinance, the County has
adopted the following standards with the respect to the location of towers:
Location of Wireless Support Structures. Applicants for facilities shall locate, site,
and erect said facilities according to the following priorities, in the following order.•
1) On existing County-owned facilities without increasing the height of the
tower or structure.
~~
2) On existing Facilities without increasing the height of the tower or structure.
3) On County-owned properties or facilities.
4) On properties in areas zoned for commercial or industrial use.
5) On properties in areas zoned Agricultural Residential (AR).
6) On properties in areas zoned for residential use.
In reviewing the appropriateness of any tower application, this list of preferences is required to be a
component of that review.
It should be noted that Article Eight (8) Section 8.8.17 (a) (2) (c) states that:
The application shall not be approved unless it demonstrates that the
telecommunications equipment may not be sited at a higher priority site because
of commercial impracticability or because no higher priority site is available that
would serve to provide the telecommunications service need identified by the
Applicant as provided for in Subsection 6.18.4 (d) (10).
Staff would like to remind the Board that the `ranking' of priority sites is one (1) of the chief goals of
the Master Telecommunication Plan in an effort to comply with the provisions of Article Eight (8)
Section 8.8.17 (a).
To review the full Ordinance text associated with the various sections referenced herein, please
utilize the following link to access the regulations on the Orange County Website:
www.co.orange.nc.us/planninq/zoningordinance.asp
FINANCIAL IMPACT: Other than the published legal advertisement, which was paid for with
fiscal year 2010/2011 budget funds, there is no financial impact at this time other than staff
time. Eventually, ground lease revenues may be received from towers located on County
properties.
RECOMMENDATIONS: The Planning Director recommends that the Board:
1. Receive this abstract.
2. Conduct a Public Hearing and accept all public comments on the subject.
3. Approve the Plan as contained within Attachment 1
It should be noted that there is no action required by the Planning Board on this item. The
adoption of this Plan does not pre-approve tower applications nor grant any development
authority to those individually listed properties.
This is, as previously indicated, a marketing tool that enable staff to work with tower providers
and developers with respect to the location of facilities. As the adoption of this Plan does not
involve the approval of a specific development project, establish regulatory guidelines, make
formal recommendations on revising development criteria or establish recommendations on
modifying development policies (i.e. small area plans), or provide any form of development
approval, the Ordinance did not envision the Planning Board's involvement in recommending
action on the document.
3~'7
Attachment 1
Telecommunication Plan Tower Sites
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` ~ Piedmont Electric Tower 4 ,~-,, ~
(P-1) Cedar ` 49 (P-2) Cedar
~ 4 _`" Grove Park °- ~~ _
Grove Fire _.----_,~ ~, ,-'~- ~ _ _ ~-- ~~ (P-3) Caldwell
Department _. ' . ;`- ~`~, -~ - _..- ' ° -" 15 Fire Department
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Soccer Fields
(P-11)
OWASA
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(P-14) Mellot Property
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E-1 79° 7' 14.75' W 38° 14 2812" N
E-2 79° 7' 19.1 T' W 36° 3' 42.85' N
E-3 79° 4' 22.80" W 36° 3' 36.50" N
E-4 79° 4' 42.51" W 36° 2' 43.20" N
P-1 79° 12' 29.5T' W 36° 10' 58.2T' N
P-2 79° 8' 25.44" W 36° 10' 45.3T' N
P-3 79° 0' 53.63" W 36° 11' 14.82" N
P-4 79° 3' 4.8T' W 36° 8' 53.54" N
P5 79° T 6.63" W 36° 8' 36.48" N
P-6 79° 0' 14.49" W 36° 6' 53.5T' N
P-8 79° 11' 48.91" W 36° 4' 22.01" N
P-11 79° 13' 40.60" W 35° 5T 45.49" N
P-13 79° 13' 1.72" W 35° 53' 43.60" N
P-14 79° 1' 20.97" W 35° 52' 21.4T' N
Enrolled Private Properties
Exisitng Tower Locations
Potential Tower Locations
2 mile Buffer
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Orange County Planning and Inspections Department
QS Map Prepared by Brian Carson January 25, 2011
Attachment 2
Enrolled Private Properties
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Enrolled Private Properties
Exisitng Tower Locations
Potential Tower Locations
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{Q- X Y
E-1 79° 7' 14.75" W 36° 14' 28.12" N
E-2 79° 7' 19.17" W 36° 3' 42.86" N
E-3 79° 4' 22.80" W 36° 3' 36.50" N
E-4 79° 4' 42.51" W 36° 2' 43.20" N
P-1 79° 12' 29.57" W 36° 10' 58.27" N
P-2 79° 8' 25.44" W 36° 10' 45.37" N
P-3 79° 0' 53.63" W 36° 11' 14.82" N
P-4 79° 3' 4.87" W 36° 8' 53.54" N
P-5 79° 7' 6.63" W 36° 8' 36.48" N
P-6 79° 0' 14.49" W 36° 6' 53.57" N
P-7 79° 13' 32.98" W 36° 4' 54.21" N
P-8 79° 11' 48.91" W 36° 4' 22.01" N
P-9 79° 4' 54.48" W 36° 1' 4.18" N
P-10 79° 4' 53.82" W 35° 58' 41.90" N
P-11 79° 13' 40.60" W 35° 57' 45.49" N
P-12 79° 9' 1.82" W 35° 55' 56.00" N
P-13 79° 13' 1.72" W 35° 53' 43.60" N
P-14 79° 1' 20.97" W 35° 52' 21.47" N
°` - 1 inch = 3.2 miles
s n 0 1 2 3
Miles
Orange County Planning and Inspections Department
t'75 Map Prepared lry Brian Carson January 21, 2011
Attachment 3
Telecommunication Sites in Orange County ~~
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Caswell Co. "
Ferson Co.
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Structure Types ® Lattice • Water Tower
Electric Transmission ~ Monopole
® Guyed * Rooftop
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1 inch = 3.2 miles
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Orange County Planning and Inspecdore Department
GLS Map Prepared bl/ Brian Carson January 21, 2011
ATTACHMENT 4
~3
Timeline
Process 201 1
Ste s J F M A M J J A S O N D J F M A M J
MTP Ma
1 Place Item on QPH a enda
2 A rove Le al Ad x
3 Hold Quarterly Public
Hearing & Approval MTP
Ma x
Re uest for Pro osal RFP
4 BOCC Endorsement x
Issue RFP x
5 A rove Preferred Bids x
6 Individual Tower A lications
Pre-A lication Meetin X
Balloon Test for County
Land X X
Submit Complete
A lication X X
Public Information Meetin X X
A lication A royal X X X
Written Re ort to BOCC X X X
7 Tower Ground
Lease/Collocator Rent
A royal x x
8 Tower Construction x x x x x x x x
Note on Item #6 -- The balloon test for towers on County properties shall be
a least thirty (30) days prior to the submittal of a complete application and
proof of the actual test and of the mailing shall be part of the application.
Attachment 5
ORANGE WATER AND SCR AUTHORITY
~~~ A public, non-prvftt agency providing water, sewer and reclaimed water services
to the Carrbora-Chapel Hill conatnunity.
February 1, 2011
Mr. Glenn R. Bowles
Orange Cow~ty Planning & Inspections Department
131 W. Margaret Lane
Hillsborough, NC 27278
SUB.IECT: ORANGE COUNTY MASTER TELECOMMUNICATIONSPLRN
Dear Mr. Bowles:
In response to your a-mail of January 25, 2011 and confirming your conversation with Sohn
Greene of my staff, I offer the following responses to the questions you asked about OWASA's
willingness to participate in the County's Master Telecommunications Plan initiative:
1) Is OWASA still interested in this process?
Yes. This affirmative response is provided with the understanding that OWASA is not legally
bound to participate and may witJndraw from the process at any time. This response is also
provided with the understandvng that any agreement to allow construction of. new cell towers on
OWASA-owned Land will require the approval of the OWASA Board of Directors.
2) Does OWASA want to bid out its own site or sites; or, in the alternative, would you elect
to become part of the Orange County RFP process? .
At the current time we believe it makes the most sense to participate in the County's Request for
Proposal process.
3) If so, would you want to modify parts of the attached RFP?
We do not wish to modify the Request for Proposal at this time.
Please contact our Planning Director, Mr. Ed Holland, at 919-537-4215 or
eholland(~OWASA.org if you have any questions or require additional information.
Sincerely,
Ed Kerwin
Executive Director
c. Robert Epting, General Counsel
~~!iJ~
400 Jones Ferry Road Equal Opportunity Employer (919) 968-4421
Carrboro, NC 27510-2001 Printed on-Recycled Paper wwwowasa.org
ATTACHMENT 6
3c~~
TOWERS -PERMITTED TYPES AND REVIEW PROCESS -SUMMARY:
TYPE OF TOWER LAND USE APPROVAL PROCESS*:
CLASSIFICATION:
Stealth Tower (under 75 feet in Permitted by right subject to the Site plan reviewed and approved by staff. There
height) approval of a site plan is no public review or comments solicited as part
of this process and there is no requirement for
the advertising and conducting of a balloon test.
Tower over 75 feet but under 150 Permitted by right subject to Site plan reviewed and approved by staff. There
feet in height developed on County the approval of a site plan is no public review or comments solicited as part
property of this process and there is no requirement for
the advertising and conducting of a balloon test.
Tower over 75 feet but under 150 Permitted by right subject to Site plan reviewed and approved by staff. There
feet in height where owner allows the approval of a site plan is no public review or comments solicited as part
for County collocation at no cost of this process and there is no requirement for
the advertising and conducting of a balloon test.
Tower over 75 feet but under 150 Permitted by right subject to .Site plan reviewed and approved by Board of
feet in height issuance of a Class B Special Adjustment after the holding of a public hearing.
Use Permit
Meeting is conducted in a quasi judicial format
meaning that decisions are based on the sworn
testimony of the applicant and others who are
for or against the project.
Tower over 150 feet in height Permitted by right subject to Site plan reviewed and approved by County
issuance of a Class A Special Board of Commissioners, with a
Use Permit recommendation made by the Planning Board,
after the holding of a public hearing.
Meeting is conducted in a quasi judicial format
meaning that decisions are based on the sworn
testimony of the applicant and others who are
for or against the project.
** NOTE: The simplified review processes described herein are required regardless of
the properties location or listing on the Master Telecommunication Plan **
ATTACHMENT 7
~~
TOWERS -PROCESSING OF APPLICATIONS:
In accordance with the provisions of 6.18 and 8.8.17 (a) the following table denotes the review
and processing of tower applications based on is classification (i.e. height and location):
Stealth Tower Tower over 75 feet Tower over 75 feet Tower over 75 Tower over
(under 75 feet) but under 150 feet but under 150 feet feet but under 150 feet in
in height in height where 150 feet in height height
developed on owner allows for
County County collocation
owned/leased at no cost
properly
APPLICATION
SUBMITAL
REQUIREMENTS:
Submittal of a
professionally X X X X X
prepared site plan
Payment of review
X
X
X
X
X
fees
Plans and elevations,
including a description
of the color and nature
of all exterior material,
along with the make, X X X X X
model and
manufacturer of the
proposed structure
Engineering data
denoting the
constructions plans for X X X X X
the tower
Landscape plan X X X X X
Draft bond agreement
guaranteeing the
removal of the tower X X X X X
in the event that it is
abandoned
~~~
__
Stealth Tower
Tower over 75 feet
Tower over 75 feet
Tower over 75
Tower over
(under 75 feet) but under 150 feet but under 150 feet feet but under 150 feet in
in height in height where 150 feet in height height
developed on owner allows for
County County collocation
owned/leased at no cost
property
Listing of property
owners within 1,000
feet of the sight Not required Not required Not required X X
Environmental Impact
Assessment required X -Depends X -Depends on X -Depends on X -Depends on X
on the site the site the site the site Depends on
the site
APPLICATION
PROCESSING
REQUIREMENTS:
Sending of notice of
adjacent property
owners informing
them of the application
and approval process
AND informing them Not required Not required Not required X X
of a scheduled public
hearing to review the
application
Requiring that the Not required. If 'Not required. If X - to be
applicant conduct a the project is the project is completed
balloon test denotin
g
administratively
administratively X - to be
eleven weeks
the ro sed hei t of
p ~ ~
the tower
Notre uired
q
approved no
approved no completed six
weeks prior to
prior to the
balloon test is balloon test is
the scheduled scheduled
currently currently
public Hearing public
required by the required by the Hearing
Ordinance. Ordinance.
Posting a notice on the
property indicating
that the property is
being reviewed for the
development of a Not required Not required Not required X X
tower and that a public
hearing has been
scheduled
~~t
Stealth Tower Tower over 75 feet Tower over 75 feet Tower over 75 Tower over
(under 75 feet) but under 150 feet but under 150 feet feet but under 150 feet in
in height in height where 150 feet in height height
developed on owner allows for
County County collocation
owned/leased at no cost
property
Advertising in the
paper a public hearing
for the purpose of
reviewing and Not required Not required Not required X X
adopting an
application proposing
a tower
Holding of a Public
Hearing to review Not required Not required Not required X X
project
Issuance and
recordation of a Not required Not required Not required X X
Special Use Permit
Issuance of a Building
and Zoning
Compliance Pernut
authorizing land X X X X X
disturbing activities to
commence once plans
have been approved
STAFF COMIVVIFNTS:
1. Current wording of the Ordinance does not require the holding of a balloon test for the
approval of a tower application when said application is administratively approved
(i.e. under Section 6.18.1). This includes the approval of:
a. Stealth Towers
b. Towers under 150 feet developed on County owned/leased property, or
c. For towers under 150 feet where the County is allowed to collocate facilities at
no cost.
~~
2. Balloon tests are not conducted as part of the adoption of the Master
Telecommunication Plan map as there are no applications associated with the Plan.
As previously indicated, the Plan is merely a marketing tool where staff tries to direct
providers in locating towers.
Balloon tests will be completed for properties denoted on the Plan as long as they are
not considered to be administratively approved under the provisions of the Ordinance
(i.e. refer to Section 6.18.1)
3. Previous opinions issued by the former County Attorney have indicated that the
County cannot issue itself a Special Use Permit given the problem of guaranteeing a
fair and impartial hearing. In those instances where the County elects to erect towers
on their property, passed legal opinions have indicated that such activities would be
classified as a `Government Facilities and Office Buildings' on the existing Table of
Permitted Uses of the Ordinance, which is allowed in virtually all zoning districts as a
permitted use of property (i.e. administratively approved by staff j.
ATTACHMENT 8
~~~
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Current Planning
(919) 245-2575
(919) 644-3002 (FAx)
www.co.orange.nc.us
131 West Margaret Lane
P O Box 8181
Hillsborough,
North Carolina, 27278
MEMOFt~~NDUM
TO: Craig Benedict AICP -Planning Director
FROM: Michael D. Harvey AICP, CFO, CZO -Current Planning Supervisor
DATE: February 17, 2011
RE: POSSIBLE voluntary, self imposed (i.e. County as the owner applicant of property)
conditions for the development of wireless support structures located on County
property
Pre your request, please accept this memorandum as a brief synopsis on the possibility of the County
requiring additional `levels of review' for wireless support structures (hereafter `towers') developed
on County owned property in accordance with the provisions of the Orange County Zoning Ordinance
(hereafter `the Ordinance').
BACKGROUND: Section 6.18.1 (a) Administrative Approval of Certain Telecommunication
Facilities of the Ordinance provides that under certain circumstances, towers over seventy-five (75)
feet but under one hundred fifty (150) feet in height, can be approved administratively under certain
circumstances, specifically:
• Any tower: `less than one hundred fifty (150) feet in height that is located on property that is
owned or leased by Orange County' and/or
• Any tower: `less than one hundred fifty (1 SO) feet in height on which the owner of such facility
permits the County to collocate its wireless facilities on the structure at no charge to the
County when the location of such facility is of benefit to the County as determined at the sole
discretion of the County'
It should be noted that towers approved under this process are required to adhere to the various
development standards detailed within Section 8.8.17 (a) of the Ordinance.
3~
ISSUE: The problem, as staff understands it, is that there is a concern amongst members of the
BOCC that towers developed on County owned properly are not required to adhere to many of the
various application submittal requirements as contained within Section 8.8.17 (a) of the Ordinance,
specifically:
• The advertising and conducting of a balloon test in accordance with Section 8.8.17 (a) (1) (a)
(i) of the Ordinance. 'This section makes reference to the advertising and conducting of a
balloon test with certain time flames prior to a scheduled public hearing.
Current language does not provide for such tests to be completed for administratively
approved tower applications.
• The lack of public hearing requirement for the review and approval of the proposed tower and
the lack of notification (i.e. certified mail) informing local property owners within 1,000 feet
of the property of the proposed project in accordance with Section 8.8.17 (a) (1) (a) (h).
• There is apparently a concern that the development of towers on County owned property will
not be required to adhere to the environmental analysis as denoted within Section 8.8.17 (a)
(1) (a) (1) of the Ordinance.
It should be noted that current language within this aforementioned section does not require
any applicant to conduct an environmental assessment analysis. The existing Ordinance says
that an applicant `may' be required to complete this task. It is up to staff to determine if such
action is necessary.
PROPOSAL: In order to address these concerns, the BOCC could adopt, through a formal
resolution, a policy governing the development of towers on County owned property. Staff would
suggest the following:
a. ENVIRONMENTAL ASSESSMENT: Require that an environmental assessment
be completed subject to the following:
i. SITE INVESTIGATION: Once the applicant requests apre-development
meeting to discuss the development of the tower, Planning staff will conduct
an on-site inspection of the property to document existing conditions. Staff
will be evaluating the property with respect to:
1. Presence of streams/floodplain areas,
2. Determine if the location of the proposed tower is in an area of the
property where it will be more visible to adjacent property owners,
3. Presence of substantial trees or significant vegetation that ought to be
preserved,
4. Determine if the project will impact any existing development on the
property, and
5. Other relevant factors.
ii. EVALUATION: Working with representatives of the Department of
Environment Parks and Recreation (DEPR), Planning staff will analyze
existing environmental conditions to determine if the environmental
assessment is required.
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iii. DECISION: Staff will inform the applicant (i.e. County/lessor and/or lessee)
is an environmental assessment will be required as part of their application
submittal based on the factors outlined herein and within Section 8.8.17 (a) (1)
(a) (1) of the Ordinance.
b. BALLOON TEST: Require that a balloon test be completed subject to the
following:
i. TEST: Require that the balloon test be conducted a minimum of four (4)
weeks prior to the formal submittal of the site plan application to the Current
Planning Department for review and processing.
ii. NOTIFICATION: Require that the applicant:
1. Send certified mail notices to all property owners within 1,000 feet of
the property informing them of the exact date and time of the test.
These notices shall be post marked and sent, at a minimum, fifteen
(15) calendar days prior to the date of the actual test.
2. Advertise the date and time of the balloon test in a paper of local
circulation, as approved by the Department, two (2) weeks prior to the
date of the test. This notice shall appear once a week for two (2)
consecutive weeks with the first ad to be not less than ten (10) days
nor more than twenty-five (25) days prior to the date of the
aforementioned test.
As part of the application submittal, the applicant would be required to submit proof of
their adherence to this policy via copies of the certified mail receipts and an affidavit
concerning the newspaper advertisement.
c. NEIGHBORHOOD INFORMATION MEETING: A Neighborhood Information
Meeting (NIlV1) will be held to allow for local residents to review the project in
accordance with the following:
i. DATE OF MEETING: The NIM will be scheduled to occur within thirty
(30) days of the receipt of a completed site plan application for the tower,
ii. NOTIFICATION: Require that the applicant:
1. Send certified mail notices to all property owners within 1,000 feet of
the property informing them of the exact date and time of the NIM.
2. These notices shall be post marked and sent, at a minimum, fourteen
(14) calendar days prior to the date of the meeting.
The meeting will allow the local residents to ask questions and express any concerns
over the development of the proposed tower.
Staff will await further direction prior to development of the aforementioned resolution. It should be
noted that such a document will need to be reviewed by the County Attorney's office in accordance
with established review requirements.
With respect to this synopsis, staff's assessment is based on the administrative approval criteria as
contained within Section 6.18 of the Ordinance, specifically:
~~
• Any tower: `less than one hundred fifty (1 SO) feet in height that is located on property that is
owned or leased by Orange County' and/or
• Any tower: `less than one hundred fifty (150) feet in height on which the owner ofsuch facility
permits the County to collocate its wireless facilities on the structure at no charge to the
County when the location ofsuch facility is of benefit to the County as determined at the sole
discretion of the County'
Staff will need additional direction from the BOCC to address potential issues for towers over 150 feet
in height.
It should be noted that in requiring these steps, the cost associated with the request will increase. Staff
estimates the following additional costs:
1. ENVIRONMENTAL ASSESSMENT: Anywhere from $1,000.00 to $20,000.0 depending
on the site
2. BALLOON TEST:
a. Actual Test -Cost ranging from $2,000.00 to $5,000.00
b. Cost of Mailing -Depends on the number of adjacent property owners within 1,000
feet ranging anywhere from $50.00 to $500.00
c. Cost of Advertisement -Depends on the newspaper ranging anywhere from $250.00
to $400.00
3. NEIGHBORHOOD INFORMATION MEETING: Cost of certified mailings that will
depend on the number of adjacent property owners within 1,000 feet ranging anywhere from
$50.00 to $500.00
These costs maybe passed on to the lessee of county property as part of a telecommunications
tower property lease.
ATTACHMENT 9
NOTICE OF JOINT PUBLIC HEARING ~,~
ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
A joint public hearing will be held at the Department of Social Services, Hillsborough
Commons, 113 Mayo St., Hillsborough, North Carolina, on Monday, February 28, 2011,
at 7:00 PM for the purpose of giving all interested citizens an opportunity to speak for or
against the following items:
A. PUBLIC HEARING ITEMS
1. Unified Development Ordinance (UDO) -Continuation of November 22, 2010
public hearing: The November 22, 2010 public hearing was continued to February
28, 2011 to give the public more time to review the proposed document.
The public hearing draft of the UDO is available on the Planning Department's
website at: http://www.co.orange.nc.us/planning/UDO.asp. A paper copy is
available for public review in the Planning Department office located at 131 W.
Margaret Lane, Suite 201 in Hillsborough, NC during regular business hours
(Monday -Friday 8 a.m. to 5 p.m.). A paper copy is also available for review during
the regular hours of each of the following libraries: Orange County Main Library in
Hillsborough, Chapel Hill Library in Chapel Hill, and the Carrboro Cybrary in
Carrboro.
Purpose: To receive additional citizen comment on the Unified Development
Ordinance (UDO).
2. Master Telecommunications Plan Map: In accordance with the provisions of
Section 6.18 Telecommunication Towers and Equipment and Section 6.18.5 Master
Telecommunication Plan of the Orange County Zoning Ordinance, the County
proposes the adoption of the Master Telecommunications Plan (MTP) Map. The
purpose of the MTP is to identify potential properties where telecommunication
providers are encouraged to develop, redevelop, modify, or expand
telecommunication facilities. The plan is further intended to illustrate an efficient
distribution of telecommunication facilities that wilt benefit the public at large. The
MTP Map, once adopted, may be modified on an annual basis at the February
Quarterly Public Hearing.
Properties ident~ed on the MTP Map may include:
• Public sites (i.e. County or government owned property),
• Quasi-publicly owned property (i.e. volunteer fire departments, public utilities,
etc), and
• Private property where current owners have expressed a formal interest to
the County in locating telecommunication towers.
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The draft MTP Map is available on the Planning Department's web site at
http://www.co.orange.nc.us/planning/index.asp. There are currently ten proposed
properties located on the MTP Map. Current owners may make a request to have
their properties added to the map by submitting a formal application to the Planning
Department. All applications require apre-application meeting. Submittal of requisite
technical design plans is necessary before an application is found to be complete.
The proposed MTP Map identifies potential location(s) for telecommunications
facilities including locations that serve, or may be required to serve, the public safety
and information technology telecommunications network.
Approval of the MTP Map only pre-identifies potential telecommunication sites. It
does not formally approve a specific application for the shown properties allowing for
the development of telecommunication towers nor does it exempt providers from
obtaining all required permit approvals consistent with the Orange County Zoning
Ordinance. The Zoning Ordinance may or may not require the issuance of a special
use permit. Towers 150 feet in height or less on County property, irrespective of
being included on the MTP Map, are approved administratively rather than requiring
a Class B Special Use Permit, as per section 6.18.1. Private sites, to be eligible for
administrative approval, must be less than 150 feet in height and either lease the
tower to the public for public safety purposes or allow the public to collocate antennas
on the tower at no charge.
No formal applications proposing the development of telecommunication facilities
have been received or will be approved through this scheduled public hearing.
Purpose: To review the item and receive citizen comment on the Master
Telecommunications Plan Map.
3. Zoning Ordinance or Unifted Development Ordinance (UDO) Text
Amendment: In accordance with Article Twenty (20) of the Orange County
Zoning Ordinance (Section 2.8 of the proposed UDO), Mr. Ben Lloyd has
submitted a zoning text amendment petition to amend Section 4.3 Table of
Permitted Uses of the Zoning Ordinance (Section 5.2 of the UDO) modifying the
Motor Vehicle Sales & Rental (New and Used) use category to allow the sale and
rental of motor vehicles in the Neighborhood Commercial Two (NC-2) zoning
district as a permitted use.
Within his application, Mr. Lloyd is proposing to cap the allowable number of
automobiles displayed/stored on NC-2 zoned property to twelve (12).
If approved, the proposed text amendment will be incorporated into either
Section 4.3 Table of Permitted Uses of the Zoning Ordinance or Section 5.2
Table of Permitted Uses of the UDO (whichever document is in effect at the time
of approval).
Purpose: To review the item and receive citizen comment on the proposed text
amendment.
Accommodations for individuals with physical disabilities can be provided if the request
is made to the Director of Planning at least 48 hours prior to the Public Hearing by
calling the one of the phone numbers below. The full text of the public hearing items
may be obtained after February 18, 2011 from the Planning Department (Note: the
2
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UDO is available only digitally via the Department's website or a CD containing a PDF
file of the document may be obtained from the Department). The agenda abstract and
attachments may also be obtained at the County website www.co.orange.nc.us at the
Meeting Agendas link prior to the meeting.
Questions regarding the proposals may be directed to the Orange County Planning
Department located on the second floor of the County Office Building at 131 West
Margaret Lane, Suite 201, Hillsborough, North Carolina. Office hours are from 8:00 a.m.
to 5:00 p.m. Monday through Friday. You may also call (919) 245-2575 or 245-2585 and
you will be directed to a staff member who will answer your questions.
PUBLISH:
News of Orange Chapel Hill Herald
February 16, 2011 February 16, 2011
February 23, 2011 February 23, 2011