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HomeMy WebLinkAboutAgenda - 08-22-2006-6aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 22, 2006 Action Agen a Item No. - q SUBJECT: Piedmont Electric Membership Corporation (EMC) Request for Special Public Hearing for Telecommunications Tower Application DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENTS: 1. Draft Resolution Directing Planning Staff to Prepare Response to Piedmont Request 2. Piedmont EMC Letter of Request INFORMATION CONTACT: Craig Benedict, Planning Director 245-2592 Robert Davis, Planner III 245-2580 Gene Bell, Planner III 245-2589 PURPOSE: To consider a draft resolution providing direction to staff regarding a request by Piedmont EMC for expedited review of a Planned Development Zoning Atlas Amendment outside of the Quarterly Public Hearing schedule, BACKGROUND: The Piedmont EMC property, located at 2500 NC Highway 86 South, was rezoned to Planned Development -Office/Institutional (PD-OI-1) on .lanuary 4, 1983. This decision granted approval for construction of the corporate offices and maintenance facilities, On April 2, 1984, the Board of Adjustment approved a Class B Special Use Permit (SUP) for a telecommunications tower and storage building as accessory uses. Piedmont EMC has a request for a zoning atlas amendment/Class ASUP to add a second principal use (telecommunications tower greater than 150 feet in height) to the PD district to allow the construction of a new 350-foot tower (320 foot tower plus 30 foot antenna). The existing 220-foot tower will be removed, No other changes are proposed. Under the County's normal public hearing process, this item would be scheduled for the November 20, 2006 Quarterly Public Hearing, Piedmont EMC has submitted a written request and its justification for an expedited public hearing to the Planning and Inspections Director, A copy of the letter which outlines other important public safety issues (NC Highway Patrol VIPER) and FAA timelines is attached. Public hearings on planning issues outside of the adopted hearing schedule are not a frequent occurrence and generally considered by the Board only in situations that are time-critical since advertising, property owner notification, meeting logistics, and Planning Board attendance requirements are the same as far scheduled hearings. A draft resolution is attached which provides the Board with the opportunity to provide direction to staff regarding moving forward with a possible expedited review of Piedmont's request, The resolution as currently drafted directs staff to detail a process and timeline for a potential expedited request, develop a pros and cons evaluation of the expedited request, and assess other issues. FINANCIAL IMPACT: None at this time. RECOMMENDATIONS: The Manager recommends that the Board consider the attached draft resolution directing Planning Staff to prepare a process and timeline and other materials related to a potential expedited review far presentation to the Board at the September 12, 2006 BQCC regular meeting. DRAFT ORANGE COUNTY BOARD OF COMMISSIONERS 3 A RESOLUTION DIRECTING PLANNING STAFF TO PREPARE A RESPONSE TO REQUEST BY PIEDMONT ELECTRIC MEMBERSHIP CORPORATION WHEREAS, Piedmont Electric Membership Corporation located at 2500 NC Highway 86 South, Hillsborough, North Carolina, has made application far construction of a new 350 foot telecommunications tower to replace an existing 220 foot tower; and WHEREAS, construction of said tower requires a rezoning and issuance of Class A Special Use Permit by the Orange County Board of Commissioners; and WHEREAS, issuance of Class A Special Use Permits must be preceded by aquasi-judicial public hearing conducted by the Orange County Board of Commissioners and Orange County Planning Board: and WHEREAS, Piedmont Electric Membership Corporation has requested a special public hearing and expedited review process, citing such issues as homeland security, Federal Aviation Administration permit expiration, potential co-location of emergency services communications equipment, and a desire to complete construction prior to the onset of winter weather; and WHEREAS, public hearings on special use and zoning petitions are generally held on a quarterly schedule due to the logistics of adjoining property owner notification, newspaper legal advertisements, agenda preparation, Planning Board attendance, and allowing ample time for public comment; and WHEREAS, the next scheduled quarterly public hearing date is November 20, 2006; and WHEREAS, the Orange County Board of Commissioners desires to give full consideration to the Piedmont Electric Membership Corporation request; NOW, THEREFORE BE IT RESOLVED that the Orange Gounty Board of Commissioners directs the Orange County Planning Staff to prepare a proposed process and timeline for a passible expedited public hearing to occur at a regular Board meeting prior to November 20, 2006; and BE IT FURTHER RESOLVED that the Planning Staff, in its review, also address the pros and cons of the request, flight patterns of migratory birds, the number and distribution of similar towers in the County, and such other issues as may be added by the Orange County Board of Commissioners in its consideration of this resolution. Upon motion of Commissioner ,seconded by Commissioner the foregoing resolution was adapted this the 22"d day of August, 2006. I, Donna Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on August 22, 2006, as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. WITNESS my hand and the seal of said County, this _ day of ,2006 Clerk to the Board of Commissioners Piedmont Electric Membership Corporation `" A Touchstone Hnergy® Cooperative ~~ Gcncral Office: P.O. Drawcr 1179 HillsboFOUgh, NC 27278 (919) 732-2123 Feu: (919) 644-1030 Branch Office: P-O.. Box 1327 5135 Oxford Road Roxboro, NC 275/3 (336} 599-0151 Fsx: (336) 597-9088 NC'Tolf Frcc: 1-800-222-3107 Wcb Address: wwwpemc.org July 18, 2006 Mr. Craig Benedict Orange County Planning Department Hillsborough, NC 27278 On July 6, 2008, Piedmont Electric Membership Corporation (PEMC) submitted an application to construct a new communications tower at our Headquarters located at 2500 Highway 86 South in Hillsborough, NC. This tower will allow Piedmont EMC to improve our radio coverage across our service territory and better coordinate storm restoration and routine communications to our operations personnel in the field. Also, maintaining electric service has become a concern to the Department of Homeland Security as part of critical infrastructure, and the ability to communicate with our crews in the field is of critical importance at all times,. Our existing tower was approved by Orange County as a Sl1P-B for our radio communications and the new tower will be used for the same purpose, We have had numerous meetings with the Qrange County Planning Department and were just recently informed that the property had fo be rezoned. If in fact, we cannot proceed without a rezoning hearing, time is of the essence and we would request an accelerated rezoning process to try-fo maintain our cun'ent schedule. Our permit with the Federal Aviation Administration expires on 10/05/2006; and, we had planned to have the tower completed before we get into the winter months when we may be likely to experience an ice storm, The tower is described in detail in the application package that was provided to you and your staff on July 6, 2006 (if you have any specific questions about the site). The tower is designed to allow co-locates and the number of co-locates depends-upon the type of equipment and where on the tower the equipment is placed. Jack Ball, Director of Emergency Management, has expressed an interest in locating equipment on this tower to improve coverage if some issues with the present tower can't be resolved.. Piedmont also has had inquiries to co-locate ort our other tower in Orange County at Hurdle Mills. Piedmont, though, is in a position of not being able to allow anyone else on the Law's Tower in Hurdle Mills until we construct the new tower at the Hillsborough office. We have had a request from Michael T. Hodgson of the North Carolina Highway Patrol to locate equipment to complete their 800 MHZ project, which will allow communication among multiple agencies during emergencies such as hurricanes and ice storms.. Harold Oakley, ttte 911 Director in Person County, also wants to install equipment on the Law's Tower. Your attention in thismatter is appreciated President CEO Attachments Serving Orange, Person, Caswell, Alamance, Dutham, and Grenville Counacs