HomeMy WebLinkAboutAgenda - 02-04-20 5-a - Amendment of the Master Telecommunication Plan Map (MTP) 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 4, 2020
Action Agenda
Item No. 5-a
SUBJECT: Amendment of the Master Telecommunication Plan Map (MTP)
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Master Telecommunication Plan Map Michael D. Harvey, Planner III, (919) 245-
(MTP) 2597
2. Synopsis of Development Requirements for Craig Benedict, Planning Director, (919)
Telecommunication Facilities per the UDO 245-2575
3. Public Hearing Legal Ad
4. Vicinity Map of 7203 Union Grove Church
Road
5. Resolution Amending the MTP
PURPOSE: To hold a public hearing, receive comment, and consider action on a request to
modify the Master Telecommunication Plan Map (MTP) in accordance with the provisions of
Section 5.10.2 Master Telecommunication Plan of the Orange County Unified Development
Ordinance (UDO). Specifically, the BOCC is considering a request to add 7203 Union Grove
Church Road to the MTP.
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. In an attempt to address these issues, the County created the MTP.
The MTP is, ultimately, a marketing tool identifying properties where owners have expressed an
interest in allowing the development of telecommunication facilities. Staff encourages providers
to develop facilities on these properties in an effort to promote the efficient distribution of
telecommunication facilities serving the public at large as well as public safety
telecommunication networks.
Requests to include/remove properties from the MTP are processed consistent with the
provisions of Section 5.10.2 of the UDO. Such requests must be submitted to the Planning
Department by December 1 of each year and are reviewed annually, as warranted, by the
BOCC at the first public hearing of the calendar year.
The MTP was originally approved by the BOCC on February 28, 2011. Agenda materials from this
meeting can be accessed at: http://server3.co.orange.nc.us:8088/weblink/0/doc/21958/Pagel.aspx.
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Minutes from that meeting can be accessed at:
http://server3.co.orange.nc.us:8088/WebLin k/0/doc/22420/Page 1.aspx.
At this time the MTP, a copy of which is contained in Attachment 1, includes 15 parcels identified as
follows:
1. The Cedar Grove Fire Department, PIN 9838-85-4442 (P-1);
2. The Cedar Grove County Park, PIN 9858-84-9350 (P-2);
3. The Caldwell Fire Department, PIN 9898-57-4171 (P-3);
4. The future County Northeast Park, PIN 9887-52-0801 (P-4);
5. The Walnut Grove County Solid Waste facility, PIN 9867-41-9070 (P-5);
6. The Eno Fire Department, PIN 9896-80-8705 (P-6);
7. Property off of Buckhorn Road, PIN 9834-28-9281 (P-7);
8. The County's soccer field complex off of West Ten Road, PIN 9834-28-9281 (P-8);
9. The County's Blackwood park property off of NC Highway 86, PIN 9872-55-7302 (P-9);
10. The County's Millhouse Road park property, PIN 9871-51-9160 (P-10);
11. An OWASA site, PIN 9830-25-2373 (P-11);
12. The American Stone Quarry site off of NC Highway 54, PIN 9759-54-4146 (P-12);
13. White Cross Volunteer Fire Department, PIN 9738-50-6758 (P-13);
14. 2200 Mangum Court, PIN 9797-32-6626 (P-14);
15. 3820 Cedar Run Court, PIN 9846-65-1414 (P-15).
Inclusion of a parcel on the MTP does not exempt telecommunication facilities from complying
with applicable development standards as prescribed within Section 5.10 of the UDO. A
synopsis of existing allowances/requirements is contained within Attachment 2.
As previously indicated, staff has received a request from Mr. Greg Bohlen, the property owner,
to include 7203 Union Grove Church Road on the MTP. The property, further identified utilizing
Orange County Parcel Identification Number (PIN) 9860-28-9935, is an approximately 10 acre
parcel of property zoned Rural Buffer (RB) University Lake Protected Watershed Protection
Overlay District.
Please refer to Attachment 3 for a copy of the legal advertisement for this hearing and
Attachment 4 for a map of the property.
This is an area where existing telecommunication services (i.e. cell phone, emergency
communications, broadband, etc.) have been found to be deficient.
Planning Director's Recommendation: The Director has determined there is a need for
additional telecommunication infrastructure/services in this area to address the need for reliable
cellular service, increase the effectiveness of the existing emergency communications network,
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and increasing opportunities for broadband services. Further, the Director has found the
request consistent with several provisions of the 2030 Comprehensive Plan, notably:
• Land Use Overarching Goal: Coordination of the amount, location, pattern and
designation of future land uses, with availability of County services and facilities sufficient
to meet the needs of Orange County's population and economy consistent with other
Comprehensive Plan element goals and objectives.
• Services and Community Facilities Goal 7: Efficient and effective public safety
including, police, fire, telecommunications, emergency services, and animal services.
• Objective PS-T-6: Develop a mechanism for cooperation with telecommunication
facilities stakeholders regarding the siting and design of towers.
• Objective PS-T-7: Manage the number of future wireless telecommunication facilities by
identifying preferred locations capable of accommodating service Countywide.
• Objective PS-T-8: Encourage the expansion of affordable, high-speed Internet access,
fiber-optic lines, and other high-speed communication networks to rural and underserved
areas.
• Objective PS-9: Maintain a radio communication system that ensures reliable notification
and oversight of emergency assets, such as personnel, vehicles, and response
equipment, throughout Orange County and inter-operability of communication among
jurisdictions.
The Director recommends approval of the request to amend the MTP to include 7203 Union
Grove Church Road as Site P-16.
As the adoption/modification of the MTP 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 Planning Board is not required to review or
make a recommendation on the MTP.
Attachment 5 includes the resolution modifying the MTP to include 7203 Union Grove Church
Road.
FINANCIAL IMPACT: Consideration and approval of this request will not create the need for
additional funding for the provision of County services. Costs for the required legal
advertisement were paid from FY2019-20 Departmental funds budgeted for this purpose.
Existing Planning staff included in the Departmental staffing budget accomplished the work
required to process this amendment.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable
to this item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
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group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
• GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding necessary
for residents to provide shelter, food, clothing and medical care for themselves and their
dependents.
ENVIRONMENTAL IMPACT: There are no Orange County Environmental Responsibility Goal
impacts associated with this item.
RECOMMENDATION(S): The Manager recommends the Board:
1. Receive the request;
2. Conduct the public hearing and accept comment;
3. Close the public hearing. (Note that, because this is a legislative decision, additional
comments at a later date are permitted); and
4. Approve Attachment 5 amending the MTP to include adding 7203 Union Grove Church
Road.
Approved Master Telecommunications Plan Map 5
(E-1)Piedmont I
(P-2)Cedar _ Electric Tower j
�j Grove Park I
49 4 I
157 (P-3)Caldwell
Fire Department
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(P-1)Cedar Grove j
Fire Department
86
57 (P-4)Future Northeast Park
(P-15)Scott's Property T11
(P-5)Walnut
Grove SW Site
(E-2)Occoneechee Tower �I (P-6)Eno Fire and
l 70 Emergency Services
�y f (E-3)EMS Tower
S 70A ��1
(P-7)Buckhorn Road 70 I
r (E-4)Piedmont I— ID PIN
11 (P-8)County Electric Tower
4 Soccer Fields 751 E-1 9960463604
E-2 9864319480
(P-9)County E-3 9874802738
(P-11)OWASA Park Site
Property E-4 9873656477
IL I
P-1 9838854442
(P-10)County Park Site p-2 9858849350
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P-3 9898574171
P-4 9887520801
—� P-5 9867419070
j S6 P-6 9896808705
�+ P-7 9834289281
54 15 501 P-8 9844157438
I P-9* 9872557302
(P-1 2)American Stone Quarry P-10* 9871519160
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- P-11 9830252373
(P-13)White Cross
P-12 9759544146
Fire Department P-13 9738506758
-------- ----------u P-14 9797326626
(P-14)Mellot Property P-15 9846651414
Existing Tower Locations N 1 in=3 miles
* Properties to be held in reserve. No tower development ORANGE
Miles
0 Approved Tower Locations without BOCC approval and there are no other viable ,�,°°°��T 0 3
collocation opportunities on surrounding facilities. orange county Planning and Inspections
2 Mile Buffer BC 1/15/2020
Telecommunications\Telecommunications aprx
Attachment 2 6
Synopsis of UDO requirement(s) for telecommunication facilities:
PERTINENT DEFINITIONS (Article 10):
Telecommunication Facilities, Master Telecommunications Plan ("Plan")
A plan developed for Orange County by the County's Planning Department
that shows properties where owners have expressed interest in allowing the
placement of telecommunications wireless support structures provided that all
applicable federal, state, and local regulations are met. Information that may
be shown on the plan will include existing wireless support structures, County
defined Natural Areas, historic properties, scenic corridors, all major electrical
lines, Voluntary Agricultural Districts, existing telecommunication wireless
support structures, known bird migratory patterns through the County and all
public and quasi public properties that may allow telecommunication facilities.
The Plan will be for purposes of disclosing information to telecommunication
providers when they are seeking to establish their telecommunication
networks in the County.
Telecommunication Facilities, Wireless support structure
A new or existing structure, such as a monopole, lattice, or guyed tower that is
designed to support or capable of supporting wireless facilities. A utility pole is
not a wireless support structure.
SECTION 5.2 —TABLE OF PERMITTED USES:
The following towers are permitted for development with Orange County:
• Use 63 — Telecommunication Towers — Stealth (75 feet of shorter): Permitted by
right subject to the review of a site plan submitted in accordance with Section(s) 2.5
Site Plan and Section 5.10 Standards for Telecommunication Facilities of the UDO;
• Use 64 —Telecommunication Towers — (Over 75 feet to less than 200 feet in height):
Permitted by right subject to the issuance of a Class B Special Use Permit (hereafter
`SUP') in accordance with Section(s) 2.7 Special Use Permits and 5.10 Standards for
Telecommunication Facilities of the UDO. Applications are reviewed and acted upon
by the Orange County Board of Adjustment upon conclusion of a duly advertised
quasi-judicial public hearing.
• Use 65 — Telecommunication Towers — (200 feet and higher): Permitted by right
subject to the issuance of a Class A SUP in accordance with Section(s) 2.7 Special
Use Permits and 5.10 Standards for Telecommunication Facilities of the UDO.
Applications are reviewed by the Planning Board, who make a recommendation on
the approval or denial of the request, and acted upon by the Board of County
Commissioners upon conclusion of a duly advertised quasi-judicial public hearing.
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ADMINISTRATIVE APPROVAL OF TELECOMMUNICATION FACILITIES:
Per Section 5.10.6 (A) of the UDO, under certain circumstances telecommunication facilities
may be approved administratively by staff (i.e. no action by either the Board of Adjustment
or BOCC) including:
• Any wireless support structure less than 200 feet in height located on property that is
owned or leased by Orange County, and
• Any wireless support structure less than 200 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 in the sole discretion of the County.
Telecommunication facilities approved consistent with the provisions of Section 5.10.6
are still required to demonstrate compliance with the provisions of Section 5.10.8 of the
UDO. Further a neighborhood information meeting and balloon test are required for all
administratively approved new telecommunication facilities.
Per Section 5.10.8 (A) (3) of the UDO, all telecommunication facilities subject to
administrative review and approval are evaluated consistent with the following
standards:
(a) A proposed tower shall not be permitted if it is not substantially
necessary for the telecommunications service need identified pursuant to
the standards of this Ordinance.
(b) Tower height shall be measured from the base of the tower to the
highest point of the proposed antenna(s), with lightening rod, to be located
atop the tower structure.
(c) Telecommunications towers shall conform with all of the requirements
of this Ordinance.
(d) All towers shall be engineered to allow for collocations. No co-locator
shall be refused access for collocation by charging exorbitant lease fees.
Public safety provider collocations shall take priority over other co-
locators.
(e) A telecommunications consultant shall provide Planning Staff
assistance on exorbitant rate leases.
(f) All wireless support structures shall satisfy all applicable public safety,
land use, or zoning issues required in this Ordinance, including aesthetics,
landscaping, land-use based location priorities, structural design,
setbacks, and fall zones.
(g) Applicants shall evaluate the reasonable feasibility of collocating new
antennas and equipment on an existing structure or structures within the
applicant's search ring.
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(h) Prior to issuing a building permit for the collocation of an antenna array
on an existing facility, an applicant shall demonstrate that the collocation is
located appropriately on the facility with the overall goal being to preserve
the carrying capacity of the facility for future collocations and to minimize
the visual intrusiveness and impact, including the profile of the facility.
(i) In determining the necessary height for a facility, or the height of a
collocation on a facility, the signal strengths analyzed shall be the
threshold or lowest signal strength at which the customer equipment is
designed to function, which may be required to be determined by the
manufacturer's published specifications for the customer equipment.
6) Approval of the Planning Director to verify consistency with the
definition of stealth facility is required.
(k) All telecommunications towers shall be placed in heavily wooded areas
on the site to the maximum extent possible so as to lessen the visual
intrusiveness of the structure and accessory structures.
(1) No tower shall be permitted to exceed its designed loading capacity.
For all wireless support structures attached to existing structures, the
engineer certification statement shall include certification that the structure
can support the load superimposed from the wireless support structure. All
wireless support structures shall have the capacity to permit multiple
users; at a minimum monopole wireless support structures shall be
structurally designed to accommodate four users and self-support/lattice
or guyed wireless support structures shall, at a minimum accommodate
three users.
LOCATION OF TOWERS:
Section 5.10.8 (B) (4) (b) of the UDO contains standards with the respect to the location
of towers reading as follows:
Location of Wireless Support Structures.
(i) Applicants for facilities shall locate, site, and erect said facilities
according to the following priorities, in the following order.
a. On existing County-owned facilities without increasing the height of
the tower or structure.
b. On existing Facilities without increasing the height of the tower or
structure.
c. On County-owned properties or facilities.
d. On properties in areas zoned for commercial or industrial use.
e. On properties in areas zoned Agricultural Residential (AR).
f. 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.
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`Ranking' of priority sites is one (1) of the chief goals of the MTP in an effort to comply with
the provisions of the UDO.
Attachment 3 10
NOTICE OF PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
A public hearing will be held at the Whitted Building, 300 West Tryon Street, 2nd Floor,
Hillsborough, North Carolina, on Tuesday, February 4, 2020 at 7:00 PM for the purpose
of giving all interested residents an opportunity to speak for or against the following items:
1. Amendment to the Master Telecommunications Plan Map: In accordance with
the provisions of Section 5.10.2 Master Telecommunication Plan of the Orange
County Unified Development Ordinance (UDO), the County has received a request
to amend the Master Telecommunications Plan Map (MTP) by adding a parcel of
property off Union Grove Church Road within the Chapel Hill Township.
The MTP identifies properties where telecommunication providers are encouraged to
develop, redevelop, modify, or expand telecommunication facilities in an effort to
promote the efficient distribution of telecommunication facilities serving the public at
large. This includes locations that serve, or may be required to serve, public safety
and information technology telecommunications network.
The MTP, originally adopted by the County on February 14, 2011, includes 15
parcels and is available on the Planning Department's web site at
http://www.co.orange.nc.us/1334/Planning-GIS-Maps.
It should be noted the MTP only pre-identifies potential telecommunication sites.
Inclusion of a parcel on the MTP does not exempt providers from obtaining required
permit(s) consistent with the provisions of the UDO. No formal applications
proposing the development of telecommunication facilities have been received, or will
be approved, as part of this public hearing. Requests to include properties on the
MTP are processed consistent with the provisions of Section 5.10.2 of the UDO.
Staff has received a request to include 7203 Union Grove Church Road on the MTP.
The property, further identified utilizing Orange County Parcel Identification Number
(PIN) 9860-28-9935, is an approximately 10 acre parcel of property zoned Rural
Buffer(RB) University Lake Protected Watershed Protection Overlay District.
Purpose: To review the item and receive public comment on the proposed
amendment to the MTP.
Substantial changes in items presented at the public hearing may be made following the
receipt of comments made at the public hearing. Accommodations for individuals with
physical disabilities can be provided if the request is made to the Planning Director at
least 48 hours prior to the Public Hearing by calling one of the phone numbers below.
The full text of the public hearing items may be obtained no later than January 31, 2020
on the County website www.orangecountync.gov at the County Commissioners
Agendas link.
Information will also be available from the Orange County Planning Department (contact
information below) no later than January 24, 2020.
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.
I
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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 or you may e-
mail questions to plan ningdept orangecountync.gov.
PUBLISH: The Herald Sun News of Orange
January 22, 2020 January 22, 2020
January 29, 2020 January 29, 2020
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Blue: Band-3
Orange County Planning and Inspections Department
01/17/2020
13
RES-2020-005 Attachment 5
RESOLUTION APPROVING AMENDMMENT
OF THE ORANGE COUNTY
MASTER TELECOMMUNICATION PLAN MAP (MTP)
WHEREAS, consistent with Section 5.10.2 of the Orange County Unified Development
Ordinance, the Board of Commissioners has adopted a Master Telecommunication Plan Map
(MTP); and
WHEREAS, the MTP is a marketing tool intending to identify properties where owners have
expressed an interest in allowing the development of telecommunication facilities; and
WHEREAS, Orange County staff encourages providers to develop facilities on these
properties in an effort to promote the efficient distribution of telecommunication facilities serving the
public at large as well as public safety telecommunication networks; and
WHEREAS, the MTP currently includes the following parcels:
1. The Cedar Grove Fire Department, PIN 9838-85-4442 (P-1);
2. The Cedar Grove County Park, PIN 9858-84-9350 (P-2);
3. The Caldwell Fire Department, PIN 9898-57-4171 (P-3);
4. The future County Northeast Park, PIN 9887-52-0801 (P-4);
5. The Walnut Grove County Solid Waste facility, PIN 9867-41-9070 (P-5);
6. The Eno Fire Department, PIN 9896-80-8705 (P-6);
7. Property off of Buckhorn Road, PIN 9834-28-9281 (P-7);
8. The County's soccer field complex off of West Ten Road, PIN 9834-28-9281
(P-8);
9. The County's Blackwood park property off of NC Highway 86, PIN 9872-55-
7302 (P-9);
10.The County's Millhouse Road park property, PIN 9871-51-9160 (P-10);
11.An OWASA site, PIN 9830-25-2373 (P-11);
12.The American Stone Quarry site off of NC Highway 54, PIN 9759-54-4146 (P-
12);
13.White Cross Volunteer Fire Department, PIN 9738-50-6758 (P-13);
14.2200 Mangum Court, PIN 9797-32-6626 (P-14);
15.3820 Cedar Run Court, PIN 9846-65-1414 (P-15); and
WHEREAS, staff has received a request from the property owner to include 7203 Union
Grove Church Road (PIN 9860-28-9935) on the MTP; and
WHEREAS, inclusion of a parcel on the MTP does not exempt telecommunication
facilities from complying with applicable development standards as prescribed within Section
5.10 of the UDO
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WHEREAS, the proposal has been found to be consistent with the provisions of Section
5.10.2 of the UDO and 2030 Orange County Comprehensive Plan, and
WHEREAS, the Board has found the proposed inclusion of 7203 Union Grove Church
Road on the MTP to be reasonably necessary to promote the public health, safety, and
general welfare.
BE IT RESOLVED by the Board of Commissioners of Orange County that the Master
Telecommunication Plan Map (MTP) is hereby amended to include 7203 Union Grove Church
Road (PIN 9860-28-9935) as depicted on the attached map.
This the day of 12020.
Penny Rich, Chair
Orange County Board of County Commissioners
ATTEST:
Donna Baker, Clerk to the Board of County Commissioners
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