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HomeMy WebLinkAboutAgenda - 09-12-2006-7aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 12, 2006 Action Agenda Item No. "~- q, SUBJECT: Piedmont Electric Request for an Expedited Review of a Replacement Tower DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENTS: INFORMATION CONTACT: 1) Piedmont EMC Letter of Request Craig Benedict, Planning Director 2) Legal Advertisement 245- 2592 3) Potential Approval Process Time Line Glenn Bowles, Planner II 245-2577 4) August 22, 2006 BOCC Resolution 5) August 30, 2006 Memorandum PURPOSE: To consider approving a request from Piedmont Electric Membership Corporation (PEMC) for an expedited review of a replacement tower, set a public hearing date, and approve the legal ad far a public hearing to be held on October 3, 2006 for a Planned Development amendment with a Class "A" Special Use Permit modification. BACKGROUND: In their letter of July 18, 2006, Piedmont Electric Membership Corporation requested an expedited review for the rezoning of the existing Planned Development - Office/Institutional (PD-OI) and Glass "A" Special Use Permit for a replacement 350-foot tower at their administrative headquarters located at 2500 NC Highway 86 South. Responding to this request the BOCC, at their August 22, 2006 meeting, directed Planning Staff to prepare a process, timeline, and other supporting materials related to a potential expedited review. Attached are the Piedmont letter of .July 18 and the proposed expedited review time line. The legal advertisement is attached targeting an October 3, 2006 Public Hearing for the purpose of receiving a staff report, hearing public testimony and referring the case to the Planning Board far a recommendation. Dates showing the required adjoining property owner notification to affected property owners, the sign posting of the property, and submitting legal advertisement for publication in local newspapers are also shown in the process. The approved BOCC resolution and Board comments directed staff to address the pros and cons of PEMC's request. Other issues listed in the resolution, such as flight patterns of migratory birds and the effect the tower may have on such patterns, the number and distribution of similar towers in the county, and historical/archaeological issues are presented in the attached memorandum.. Pros and Cons Positives. PEMC provides domestic and commercial electrical services to much of Orange County. The proposed system is part of an update of their total system throughout Orange, Person, and Caswell Counties. New towers in Caswell and Person Counties have already received their local approvals.. This new tower will allow PEMC to complete improvements to their radio coverage across their service territory and to better coordinate storm restorations and routine field communications. The Department of Homeland Security Maintenance has defined the PEMC trunked radio communication system as critical infrastructure because, if severely damaged, there would be a significant impact on the ability to serve large quantities of customers for an extended period of time, These damages would have a detrimental impact to the reliability or operability of the energy grid, and could cause significant risk to ptablic health, safety and welfare. The Federal Communications Commission (FCC) has permitted three new radio frequencies to the facility.. That permit expires on October 5 and PEMC anticipates requesting an extension. When the new PEMC tower is operational, the LAWS tower, located in the Hurdle Mills neighborhood in the northern part of the County, will be available for other public and private communication antennas. The North Carolina Highway Patrol VIPER 800 mega Hertz communication system has requested co-location of the LAWS tower. This will allow multiple public agencies, such as Orange County Sheriffs Department and EMS to better communicate during emergencies, such as hurricanes and ice storms.. PEMC has offered its existing tower, after de-construction, to the Orange County EMS facility on New Hope Church Road. If this happens, it would be a cost savings to the County, PEMC has also offered free co-location space on their replacement tower to the County Sheriffs Office and to EMS., EMS needs to improve its communications system to better use the VIPER system tower on Eno Mountain,. The County Information Technology Department is interested in establishing campus-to-campus network connections using tower-mounted equipment. The use of the existing tower for County purposes could be an important first step in acquiring tower access rights,. As access rights are negotiated for other towers in the County, the Information Technology Department could replace leased fiber lines and provide more reliable network availability during emergencies. Negatives. The expedited review process is a deviation from BOCC normal process, which solicits public input to ensure the public's right to know about and comment on important BOCC decisions. With the exception of bringing the petition forward at a time not in accord with the normal November 20, 2006 Quarterly Public Hearing, all other procedures will be followed. Additional/Expanded Notice to the Public, All the property owners who were contacted by letter for the required April 2006 balloon test and who own property within 1,000 feet of the PEMC property boundaries will be re-notified of the hearing (and that it is outside of the standard public hearing schedule) by a certified letter in accordance with ordinance requirements; additionally, a sign will be posted on the property and the legal advertisements will be submitted to the local papers for publication, FINANCIAL IMPACT: Any casts involved in staff review or the normal public outreach will be reimbursed through the Special Use Permit application fees and escrow account, RECOMMENDATIONS: Administration recommends that the Board, for the purpose of protecting the health, safety and welfare of the general publio. t) Approve PEMC's request for an expedited review of the replacement tower Planned Development amendment with Class A Special Use Permit modification; 2) Approve the legal advertisement setting a public hearing for October 3, 2006. G°3~~D 3 ~~. Piedmont Electric Membership Corporation J~ A Touchstone Energy® Cooperative ~,°~~_ General Office: p0. Drawer i 179 Hillsborough, NC 27278 (919) 732-2123 Fax: (919) 644-1030 Branch Office: P.O. Box ]327 Sr35 Oxford Road Roxboro, NC 27573 (336) 599-0151 Fax: (336) 597-9086 NC Toll Free: t-800-222-3107 Web Address: www.pemc org July 18, 2006 Mc. Craig Benedict Orange County Planning Department Hillsborough, NC 27278 On July 6, 2006, Piedmont Electric Membership Corporation (PEMC) stabmitted an application to construct a new communications tower at our Headquarters located at 2500 Highway 86 South in Hillsborough, NC. This towerwill 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 SUP-B for our radio communications and the new tower will be used for the same purpose. We have had numerous meetings with the Orange County Planning Department and were just recently informed that the praperfy had to 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 to maintain our current 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 (ff you have any specific questions about the site). The tower is designed to allow co-locates and the number of co-locates depends ((pon 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 on 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, the 911 Director in Person County, also wants to install equipment an the Law's Tower, Your attention in this matter is appreciated President CEO Attachments Serving Orange, Person, Caswell, Alamance, Durham, and Granville Counties 4 NOTICE OF PUBLIC HEARING BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA A public hearing will be held in the F, Gordon Battle Courtroom, 106 East Margaret Lane, Hillsborough, North Carolina, on Tuesday, October 3, 2006, at 7:30 p.m. for the purpose of giving all interested persons an opportunity to speak for or against the following item: PD-1-06 -Piedmont Electric Membership Corporation (PEMC) Piedmont Electric Membership Corporation requests an amendment to a Planned Development - Office/Industrial (PD-O/I) District and a modification to the associated Special Use Permit, Class A for their property, located in the Hillsborough Township, at 2500 NC Highway 86 South. Specifically, the applicant requests to add the additional principal use of 'Telecommunication Tower (greater than 150 feet in height)' to permit constriction of a lattice design, 320-foot tower with 30 foot antenna to replace their existing 220-foot tower, The parcel is not located in a State classified protected watershed. It is identified as Parcel Identification Number 9873657456 and contains 34.74 acres more or less. Changes may be made in the advertised proposals that reflect debate, objections and discussion at the hearing, All interested citizens are invited to attend this hearing and be heard. Public comment, under oath, will be received during the public hearing. 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 appropriate number listed below, Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning and Agricultural Center, 306-F Revere Road, Hillsborough, North Carolina 27278, Office hours are from 8:00 a,m. to 5:00 p.m. Monday through Friday. You may also call 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 September 20, 2006 September 20, 2006 September 27, 2006 September 27, 2006 (.<nil wcnsr a uip ltl, I I~;h~Iui ",ub. tiq l..l lv6nun: I'i :erK.rpi 1: ~I=.d~-rn~ rnido~ 5 PIEDMONT ELECTRIC TELECOMMUNICATIONS TOWER REZONING AND CLASS "A" SPECIAL USE PERMIT APPROVAL PROCESS TIME LINE Application Filed August 11 Application found to be complete August 23 BOCC decision on the Piedmont Electric request September 12 For an Expedited Review BOCC Abstract to request a Public Hearing date September 12 And to approve public notice (Staff prepares the legal advertisement.) Rezoning and SUP to DRC August 31 and Sept. 14 Property Posted September 15 Property owner's Mail Out September 15 Legal Ad to Newspaper September 15 BOCC Abstract due September 19 Legal Ad Publish Dates September 20 and 27 BOCC Packet distribution September 29 BOCC Public Hearing October 3 Planning Board Abstract due October 2.3 Planning Board Packet distribution October 25 Planning Board Recommendation November 1 BOCC Abstract due October .31 BOCC Decision November 14 [ t u y.rch~nr. r. l i i,p; l e: ~ l ~~;ni L'r o u:Lp tia~ V. I'i.dunvn i r I - m kup~ fi ~, Il:c ld.x ®Towers -EMS k (County ~;,~2 Mile Buffer ° Townships ~ City Limits Piedmont Property ' ETJ Piedmont Electric Replacement Tower Scenario 0•pV Cw• ~~ • N t Inch equals 3 miles Q a• OMlles 0 1 2 3 *.,~~ ~~~~~+ Orange COUnry Planning and InspeNOns Department G6 Map Prepartd try 6tlan Carson August 29, 2066 ~~ _ g`~,~zaab ORANGE COUNTY BOARD OF COMMISSIONERS 7 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 for 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 County Board of Commissioners directs the Orange County Planning Staff to prepare a proposed process and timeline for a possible 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 th/is resolution. Upon motion of Cammissioner_~Y-~.fifC~ ` . ,seconded by Commissioner _ (~~~~=~'~' the foregoing resolution was adopted this the 22~d day of August, 20 6. 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 WITNESS ngs are recorded in th ~ inutes of said Board. of said County, this~a of~ 006. ~----~ Clerk to the Board of Commissioners 8 Memorandum To: Craig N. Benedict, Planning Director From: Glenn R. Bowles, Planner II Date: August 30, 2006 Subject: BOCC request for information relating to the Piedmont Electric proposed replacement tower. At its August 22, 2006 meeting, the BOCC through a resolution, directed Planning Department staff to address environmental issues that might relate to the proposed Piedmont Electric replacement tower on NC Highway 57 South.. The issues include flight patterns of migratory birds, the number and distribution of similar towers in the County, and such other issues as might apply. Below, along with the attached map and ERCD memorandum, is the staff response to the BOCC inquiry. Bird Migration Researchers have estimated that four to five million migratory birds are killed annually after colliding with telecommunications towers. To put bird mortality rates in perspective and according to Audubon Society estimates, 10,000 to 40,000 birds die annually from collisions with wind turbines, sixty to eighty million birds collide with motor vehicles, and 98 million died after flying into plate glass windows. Local birders counted over 330 bird species in the Orange County area in 2002. Most of the local bird species are migratory and are potentially susceptible to the effects of telecommunication towers. Some of the more well known bird observation sites include the Bolin Creek Greenway, Cane Creek Reservoir, Dairyland Road, Few's Ford Access in the Eno River State Park, along the Eno River at Pleasant Green Road, Lake Orange, the Mason Farm Preserve, and University Lake; none are close to the Piedmont tower site. Piedmont's headquarters is not in any documented wildlife corridor, wetland, floodplain corridor, nor is the tower site within any stream buffer. Of the 227 species of migratory birds listed in documented telecommunication tower bird kills, the Chapel Hill Bird Club's inventory lists all but 28 Species found within Orange County represent 88% of all species documented in the tower kills, and over 97% of the total birds listed. Most migratory birds of North American migrate through Orange County or are commonly found within the area. Along major bird migration routes, a single telecommunication tower may account for as many as 3,000 migratory songbird deaths annually, according to recent studies. Documented bird death events range as high as 12,000 fatalities for a single event. Three factors influence bird tower mortality. First, lit towers aver 200 feet in height attract migrating birds, particularly if the structure uses red strobe warning lights with a short, regular pulsing rate. Secondly, electromagnetic towers emit energy in the microwave spectrum, which may disrupt migrating bird's ability to navigate at night, by creating force fields and resonating with avian magnetite, the bird's internal navigation system. Finally, the towers pose a physical obstacle in which birds can become entangled or into which they may collide.. Vulnerable migratory species breed during the spring and summer in North America and migrate to the southern states, the Caribbean, or Central and South America during the fall and winter. They generally fly at night and are most susceptible to tower collisions during misty, foggy, rainy, or low-cloud atmospheric conditions. During these inclement weather conditions, migratory birds seem to switch from their innate, nighttime navigational abilities to visual reckoning. They can become attracted, more accurately, they are reluctant to leave the lit area of red, pulsing navigational strobe lights, continue to fly around the lit tower, and often collide with or become entangled with the tower and tower guy wires. Migration occurs aver a broad front in May and September-October across the Triangle region,. According to conversations with local ornithologists, there are no organized, consistent migratory flight patterns in Orange County.. Most species migrate evenly across the County and can stop wherever there are woods or water, according to the local experts. Neighboring Towers. There are six telecommunication towers within two miles of the PEMC site. They are a: 1. 15T monopole on Old NC 10, 2. 160' guyed tower on NC 86, 3. 178' monopole in Hillsborough, 4. 160' monopole on Landau Dr. 5. 254' lattice tower on New Hope Church Road, and 6. 180' monopole on Palmers Grove Church Road.. Piedmont's consultants evaluated each individually and collectively to determine if they could serve as co-locations far the two-way trunked radio communication system. The proposed radio reception service area is reduced by 30% by doing so. Please refer to the attached scenario map. Historic Properties. Planning staff is in receipt of an August 25, 2006 memorandum from Rich Shaw and Tina Moon, ERCD staff, states that there are two historic sites within a one and one-half mile radius of the Piedmont property (Blackwelder Service Station and Rigsbee's Rock House). Both properties will be somewhat visually shielded from the tower by the I-85 corridor.