Loading...
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. 2 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, 3 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 4 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 I I (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 I 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 I - 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. 7 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. 8 (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. 9 `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 11 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 2 12 2 �G0 Subject Property 7203 Union Grove Church Road s 70-, W j PIN 9860-28-9935 gas i Zoning: Rural Buffer (RB) , s University Lake Protected Watershed Protection Overlay r ,r k L 7Yti� ems', F J r f F � P am Bu reams arcels PIN#:9860289935 ry GREG BOHLEN ;; k SAGE J/y 7309 UNION GROVE CH RD CHAPEL HILL, NC 27516 RGB Red: Band-1 1 inch=500 feet Green: Band-2 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 1 14 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 lectric Tower r. 11M.r ►.� 44F Scott's Property (P-6)Eno Fire and Emergency Services Bohlen •.- �ti_ � - •. .. I I I - •.-rty , . 1 (P-10)County ® . - 40 1 w��ER�•1F� � •:. I •1 1 �R�A7 64 Mellot Property