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HomeMy WebLinkAboutAgenda - 02-03-2004-8iORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 3, 2004 Action Agenda Item No. V-1 SUBJECT: Telecommunications Towers Regulations Amendments DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENTS: Proposed Ordinance Draft Minutes Public Hearing November 24, 2003 Draft Minutes Planning Board January 8, 2004 INFORMATION CONTACT: Craig N. Benedict, Director, ext. 2592 Robert P. Davis, Planner III, ext. 2580 TELEPHONE NUMBERS: Hillsborough 245-2575 Chapel Hill 968-2700 Durham 688-7331 Mebane (336)227-2031 PURPOSE: To receive the Planning Board and Administration recommendations, close the Public Hearing and make a decision on the proposed Telecommunication Towers amendments to Article 6.18 and Article 8.8.17a of the Orange County Zoning Ordinance. BACKGROUND: On December 12, 2002, the BOCC amended the Telecommunication Tower portion of the zoning ordinance. Highlights of those amendments included reduction to 150 feet maximum height of Class B Special Use Permit (SUP) approvals, hiring a consultant to review the technical details of proposals, placing a higher emphasis on use of existing structures and the establishment of a Master Telecommunication Plan (MTP) placeholder in the ordinance. During recent review of four Class B SUP telecommunications tower applications by the Board of Adjustment, some minor inconsistencies in the ordinance have become apparent to applicants, the Board and Staff, the consultant and attorneys. These amendments are intended to clarify the parts of the ordinance where there has been less than a clear understanding of the requirements. Also included in these amendments is a revision of the intent, scope and use of the Master Telecommunications Plan (MTP) concept that was previously adopted as a placeholder in the ordinance pending BOCC review and approval. These proposed amendments to Article 6.18 (Telecommunication Towers and Equipment) and Article 8.8.17a (Telecommunication Towers) require: 1. at the Annual Telecommunications Projection Meeting that the applicant's initial propagation studies begin with co-locations on existing structures and then follow the preferred hierarchy; 2, photo simulations to be submitted at time of application; 3. balloon photos and panorama photos to be filed at time of application; 4. payment of $1,000 into the escrow account at pre-application meeting to cover fees incurred by consultant prior to formal application submittal; 5. propagation studies, to scale, of entire network using the hierarchy of preferred locations- 6, . Revised standards of evaluation in Section 8.8.17a.2 to establish a hierarchy of preferred locations as follows: a. on existing strucutres or power lines; b, on utility poles; c.. on industrially-or commercially-zoned properties; d, on a stealth facility; e. at another location not identified above. Other minor changes to improve process and clarity. Issues at the November 24, 2003 Public Hearing 1) Why are farmers not given a higher priority on tower location now? The proposed MTP will have a priority list of users that will include bona fide farms; the MTP will have to be advertised and considered at a future public hearing meeting. 2) Why all balloon tests cannot be flown when the leaves are not on the trees? Balloon tests are flown a set number of days prior to the public hearing, which is not known until the application is filed. Issues at the January 8, 2004 Planning Board Meeting 1) Requested that the MTP be returned at the May 2004 Quarterly Public Hearing Staff will prepare the recommendation and request sending to the May 2004 Quarterly Public Hearing, 2) Request that the next round of revisions to the Telco Ordinance require balloon tests to be flown when all leaves are off of trees, The Planning Board voted unanimously to recommend approval of the proposed amendments. FINANCIAL IMPACT: None, RECOMMENDATIONS: The Administration recommends APPROVAL of the proposed amendments. Ordinance as Recommended by Planning Board and Administration An Ordinance Amending the Zoning Ordinance of Orange County Be it ordained by the Board of Commissioners of the County of Orange, North Carolina, that the Zoning Ordinance is hereby amended as follows.- Bold = New Language Strikethrough = Deleted Language Section 1: Amend Section 6,18 as follows: 6.18 Telecommunications Towers and Equipment Amended 12/10/02 The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Accessory Use - A use incidental to, subordinate to, and subservient to the principal use of the property. As defined in this section an accessory use is a secondary use, Antenna - A transmitting and/or receiving device used for wireless services that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whips, excluding radar antennas, amateur radio antennas and satellite earth stations. Building Code - The most recently adopted or amended edition of the North Carolina State Building Code, Co-location - Locating telecommunication equipment for more than one provider on one qualified shared facility at one site.. Commercial Impracticability or Commercially Impracticable - The inability to perform an act on terms that are reasonable in commerce; the cause or occurrence of which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project. The inability to achieve a particular financial return on investment or profit, standing alone, shall not deem a situation to be commercially impracticable. EIA-222 - Electronics Industries Association Standard 222 (Structural Standards for Steel Antenna Towers and Antenna Support Structures). Existing Structure/Building - For purposes of this Section, any building or structure that is currently existing on a parcel of land. Such structures Ordinance as Recommended by Planning Board and Administration may include, but shall not be limited to, telecommunications towers, overhead transmission line support structures, water tanks silos, churches, schools, and utility poles. Extraordinary Conditions - Conditions subsequent to a hurricane, flood, tornado, or other natural or other disaster. FAA - The Federal Aviation Administration. FCC - The Federal Communications Commission Fall Zone - The circular area measured from the base of the tower outward in a circular pattern (radius) for a distance of 110% of the proposed or existing tower's height including lightening rod. Telecommunications towers shall not be located on property where the proposed tower's fall zone will encroach on a residential, buildable, lot. Guyed Tower - A telecommunication tower that is supported, in whole or in part, by guy wires and ground anchors. Inspections Division - A Division of the Orange County Planning and Inspections Department, 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 that have renpivpd general I-#rera-t# ners #er the placement of telecommunications towers less than 200 foot provided that all applicable federal, state, and local regulations are met. Information that may be shown on the plan will include existing towers, County defined Natural Areas, historic properties, scenic corridors, all major electrical lines, Voluntary Agricultural Districts, existing telecommunication towers, 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. Microwave dish antenna - A dish-like antenna used to link wireless service sites together by wireless transmission of voice or data,. Monopole Tower - A telecommunication tower consisting of a single pole or spire self supported by a permanent foundation, constructed without guy wires and ground anchors. Panel Antenna - An inconspicuous, relatively flat, square or rectangular antenna designed to be affixed to the wall of a building or structure in order to receive and transmit signals from a telecommunication device. Ordinance as Recommended by 5 Planning Board and Administration Qualified Shared Facility - A telecommunication tower or existing structure/building that is appropriately designed for sharing antenna space, and grants space on the tower in a fair, reasonable, and non- discriminatory manner Roofline - The overall ridgeline of the structure, not including cupolas, elevator towers, clock towers or other similar features. Search Area - An area or areas defined on a map or maps showing the maximum extent of locations suitable for the installation of an individual telecommunications provider's facilities (tower or antenna co-locations). Self-Support/Lattice Tower - A tapered structure broad at the base and more narrow at the top consisting of cross-members and diagonal bracing and without guyed support . Stealth or Stealth Technology - Technology or practice intended to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other equipment adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications towers and equipment, which shall mean using the least visually and physically intrusive tower and/or equipment that is not technologically or commercially impracticable under the facts and circumstances. Stealth Facility - Any stealth telecommunication tower or equipment, which is designed using stealth technology to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunication and/or personal wireless services towers designed to look like light poles, power poles or trees.. Telecommunication Equipment - Equipment, which is located either upon a telecommunication tower or a structure and includes some form of antenna for the purpose of transmitting and receiving wireless services. Telecommunications Tower - A guyed, monopole or self-support/lattice tower, constructed as a free-standing structure containing one (1) or more antennas, used in the provision of wireless services excluding radar towers, amateur radio support structures licensed by the FCC, private home use of satellite dishes and television receiving antennas and satellite earth stations installed in accordance with applicable codes. Telecommunications Tower, Stealth - A telecommunication tower designed using stealth technology such that its primary purpose is, or visually appears to be, something other than the support of telecommunications equipment, the apparent purpose of the tower is customarily considered as accessory to a use that is allowed in the zoning district, and the structure and its primary use comply with the Orange County Zoning Ordinance. Ordinance as Recommended by Planning Board and Administration Unforeseen Events - Condemnations of existing telecommunications towers for road projects, casualty of existing telecommunications towers, blocking of signals from new construction necessitating a relocation of a telecommunication tower, or the need to replace an existing telecommunication tower for capacity issues, or for other reasons deemed necessary by the County Planning Director or his/her designee. Whip Antenna - A cylindrical antenna that transmits and/or receives signals in three hundred sixty (360) degrees. 6.18.1 Administrative Approval of Stealth Telecommunications towers and Telecommunication Equipment New stealth telecommunications towers up to 75 feet in height that are sufficiently disguised so as to minimize visual impact, may be approved administratively by the Planning Staff provided that all of the provisions contained in Article 8.8.17a are met. The placement of telecommunication equipment on existing structures may be approved administratively as provided for in this ordinance. 6.18.2 Telecommunications towers and equipment as principal or accessory uses a) Telecommunications towers shall be permitted as a principal or accessory use in all districts in accordance with the provisions of this Ordinance as follows: 1) On property owned by the County or any public entity except those designated as historic properties or sites. The County may, in its sole discretion as the owner of the property, authorize the application and use of County property after the applicant executes a lease agreement acceptable to the County. 2) Telecommunications towers as part of existing utility poles shall be permitted as an accessory use. Towers shall be constructed as part of the existing utility poles or as replacements for the existing utility poles.. No freestanding towers constructed exclusively for personal wireless services shall be permitted within utility easements. 3) The placement of a new telecommunications tower in any zoning district must be approved as a Special Use, except as permitted in the Master Telecommunications Plan ('Plan"). b) Existing Telecommunications Towers Ordinance as Recommended by Planning Board and Administration 1) Telecommunications equipment as accessory uses may be placed on existing towers in accordance with the provisions of this Ordinance. 2) Notwithstanding the above provisions of Section 6.18, telecommunications towers in existence as of December 10, 2002, may be replaced with a tower of equal or less visual impact after approval by the County Planning Director or his/her designee. However, if the proposed new tower would not be consistent with the minimum standards under Section 6. 18, replacement must be approved as provided for in this Ordinance. 6.183 Antennas not located on telecommunications towers a) Antenna types. To minimize adverse visual impacts, stealth antenna types shall be preferred. If a non-stealth antenna is proposed, the application shall be required to demonstrate, in a technical manner acceptable to the Planning Director or his/her designee, why the stealth antenna (i.e, an antenna incorporated into the architecture of the building or fully screened from view from sight proximate to the antenna) cannot be used for the particular application. This does not preclude a combination of the various types of antennas. 1) Antenna dimensions. Antenna dimensions shall be subject to approval by the Planning Director or his/her designee. A statement shall be submitted, prepared by a professional engineer competent to evaluate antenna choices, to certify the technical need for the required dimensions, b) Aircraft hazard. Prior to the issuance of a Building Permit by the Inspections Division, the application shall provide evidence that the telecommunication tower or antennas are in compliance with FAA regulations. Where an antenna will not exceed the highest point of the existing structure upon which it is to be mounted, such evidence shall not be required. G) Stealth rooftop or building mounted antennas not exceeding twenty (20) feet above roofline of the building or support structure shall be permitted in all zoning districts subject to the provisions of Section 6.18.3 d) 1-5 stated below. d) Building or rooftop stealth antennas shall be subject to the following minimum standards: 1) No commercial advertising shall be allowed on an antenna; 2) No signals, lights, or illumination shall be permitted on an antenna, unless required by the FCC or the FAA; Ordinance as Recommended by Planning Board and Administration 3) Any related unmanned equipment building shall not contain more than six hundred (600) square feet of gross floor area per user or be more than twelve (12) feet in height; 4) If the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than twenty-five (25) percent of the roof area, and shall comply with all State of North Carolina Building Code requirements for the proposed and existing building; and 5) Approval of the Planning Director or his/her designee to ensure consistency with the definition of stealth facility is required. Each application shall contain a rendering or photograph of the antenna including, but not limited to, colors and screening devices. e) Non-stealth rooftop or building mounted antennas shall only be permitted not exceeding twenty (20) feet above the roofline of the subject building or support structure and subject to the procedure and requirements provided elsewhere in this Section. Building rooftop non-stealth antennas shall be subject to the following minimum standards: 1) Antennas shall only be permitted on buildings or structures that are at least fifty- (50) feet tall. Antennas may be placed on buildings less than fifty- (50) feet tall if public safety needs warrant the antenna; 2) Antennas, and related equipment buildings, shall be located or screened to minimize the visual impact of the antenna upon adjacent properties and shall be of a material or color which matches the exterior of the building or structure upon which it is situated; 3) No commercial advertising shall be allowed on an antenna; 4) No signals, lights, or illumination shall be permitted on an antenna, unless required by the FCC or the FAA; 5) Any related unmanned equipment building shall not contain more than six hundred (600) square feet of gross floor area per user or be more than twelve (12) feet in height; 6) If the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than twenty-five (25) percent of the roof area, and shall comply with all State of North Carolina Building Code requirements for the proposed and existing building; Ordinance as Recommended by Plamiing Board and Administration 7) Antennas may be located on poles owned or controlled by the County or by a utility provider pursuant to the following regulations: a) The maximum height of the pole with antenna shall not exceed seventy- (70) feet in height; and b) The utility poles shall be located on public property, within public easements, or public rights-of-way. C) The antenna shall be of a size and placement that is structurally compatible with the engineering design of the pole pursuant to the North Carolina State Building Code and attested to by a professional engineer licensed in the State of North Carolina, and competent to evaluate antenna choices, d) The antenna shall not extend more than ten- (10) feet above the existing pole height. If the pole is replaced to withstand the addition of telecommunications equipment, then the same restriction shall apply except that the utility pole may be twenty- (20) feet higher than the adjacent pole heights, e) Placement of an antenna on a utility pole shall only be on poles owned or operated by a public utility authorized to operate in the County, a County franchisee, or Orange County. f) All relocation costs associated with any relocation of the antenna necessitated by roadway or sidewalk improvements shall be borne by the telecommunications provider f) Fees. 1) A filing fee as set by the Orange County Board of Commissioners shall be paid upon application for a Building Permit, Site Plan approval, or Special Use Permit. In addition, an inspection fee is due the County at the time of future inspections, 2) An engineering permit fee shall be paid if a pole is replaced to accommodate telecommunications equipment, 3) Public land or right-of-way lease agreements will be established by separate instrument. Ordinance as Recommended by 10 Planning Board and Administration 618.4 Minimum Standards for Telecommunications Towers All telecommunications towers must meet the following minimum standards: a) Prior to the issuance of a Building/Electrical Permit by the Inspections Division, a site development plan shall be presented for approval to the Planning Division. Each application for a proposed telecommunications tower shall include all requirements for site development plan approval as required. Approval of the Planning Director or his/her designee to verify consistency with the definition of stealth facility is required. Each application shall contain a rendering or photograph of the tower including, but not limited to, colors and screening devices. b) 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. A statement shall be submitted by the applicant stating how the proposed tower will be minimally-visually-in#usive minimize visual intrusiveness to surrounding properties in the area. Criteria that may be used for such evidence may be height and type of existing trees surrounding the proposed tower, and local topography. C) A statement shall be submitted, prepared by a professional engineer licensed in the State of North Carolina, which through rational engineering analysis, certifies the tower's compliance with applicable standards as set forth in the State of North Carolina Building Code, and any associated regulations; and describes the tower's capacity, including an example of the number and type of antennas it can accommodate, d) Applicants shall provide at time of application submittal: 1) the existing cell sites (latitude, longitude, power levels) to which this proposed site will be a handoff candidate; 2) propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites; a Radie-F-regaensy4et indicating the-GGverage of existing sites, and-that-ef'??repesed-site. 3) the search area utilized in finding the proposed site; 4) the make, model and manufacturer of the tower and antenna(s), antenna heights and power levels of proposed site; Ordinance as Recommended by I I Pluming Board and Administration 5) the frequency, modulation and class of service of radio or other transmitting equipment; 6) the actual intended transmission and the maximum effective radiated power of the antenna(s); 7) the direction(s) of maximum lobes and associated radiation of the antenna(s); 8) certification that the NIER levels at the proposed site are within the threshold levels adopted by the FCC; 9) certification that the proposed antenna(s) will not cause interference with other telecommunications devices; 10) a written affidavit stating why "the proposed site is necessary for their communications service" (e.g., for coverage, capacity, hole-filling, etc.) and a statement that there are no existing alternative sites within the provided search area and there are no alternative technologies available which could provide the proposed telecommunications service enhancement need without the tower. a) County staff will utilize the services of a registered professional engineer to confirm the state,-.,e,^+ rnade4a4teR*5)-abeve the accuracy and reliability of the substantive portions of data provided in tower applications. No tower shall be permitted to exceed its designed loading capacity.. For all towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the tower, All towers shall have the capacity to permit multiple users; at a minimum monopole towers shall accommodate two (2) users and self-support/lattice or guyed towers shall, at a minimum accommodate three (3) users.. e) Standards of evaluation. 1?_A proposed tower shall not be permitted if it is not substantially necessary for the telecommunications service need identified pursuant to Subsection d. (10) of this Section. 442) Tower height shall be measured from the base of the tower to the highest point of the proposed Ordinance as Recommended by 12 Planning Board and Administration antenna(s), with lightening rod, to be located atop the tower structure. @1 Telecommunications towers shall conform with all of the requirements of Sections 8.8.17a.1 a (a-g) and 8 8.17a,2 of the Zoning Ordinance, g4) All towers shall be engineered to allow for co- locations No co-locator shall be refused access for co-location by charging exorbitant lease fees. Public safety co-locations shall take priority over other co-locators. 415) A tower consultant shall provide Staff assistance on exorbitant rate leases, f) Tower Inspection, 1) Telecommunication tower owners shall submit a report to the County Inspections Division certifying structural and electrical integrity upon completion of the initial construction and at intervals as specified in this Section 2) Inspection records shall be kept by the tower owner and made available upon request to the Inspections Division during regular business hours.. a) The following inspection schedule shall be followed except in cases where a tower has no structures other than those associated with telecommunication tower use located within the tower's fall zone. At least once every thirty-six (36) months, or thirty-six (36) months from the date of a co-location approval, a structural engineer who is regularly involved in the maintenance, inspection and/or erection of telecommunications towers shall inspect the tower and submit a report to the Inspections Division within a reasonable time thereafter, At a minimum, this inspection shall be conducted in accordance with the provisions of this Ordinance and in accordance with the tower inspections check list provided in the EIA-222 (as amended from time to time) This is considered a major inspection review, b) At least once every twelve (12) months, a Ordinance as Recommended by Planning Board and Administration 13 visual inspection from the ground shall be conducted by a properly trained staff member of a tower provider or tower consultant and a report shall be filed with the Inspections Division within a reasonable time thereafter. This inspection shall include, but shall not be limited to, visual inspection of tower foundations, structures, guys, and connections for evidence of settlement or later movement; soil erosion; condition of paint or galvanizing; rust or corrosion, loose or missing bolts, loose or corroded lightning protection connectors; tower plumbness, significant variation in guy sags (Le. tensions), and other material areas or matters relating to the structural integrity of the tower. This is considered a minor inspection review. G) In addition to the regularly scheduled major and minor inspections set forth in paragraphs 1) and 2) above, a minor inspection, at a minimum, will be conducted if the tower or its appurtenances are noted at any time to be visibly damaged. Additionally, a major inspection shall be conducted if the visible damage to the tower is significant or when, after conducting a minor inspection, significant questions remain about the structural integrity of the tower. 3) The Inspections Division may conduct periodic inspections of telecommunications towers to ensure electrical integrity. The owner of the telecommunication tower may be required by the County to have more frequent inspections should there be reason to believe that the electrical integrity of the tower is jeopardized. The County reserves the right to require additional inspections if there is evidence that the tower has a safety problem or is exposed to extraordinary conditions. 4) Structurally Unsafe or Unused Towers. Any tower found, through inspection by the owner or by inspection of the Inspections Division, to be structurally unsafe and cannot be brought into compliance within 180 days shall be removed at the owner's expense, Ordinance as Recommended by Planning Board and Administration 14 5) Compliance with Standards. Current or former EIA standards shall apply to the addition of antennas or other appurtenances to communications towers under the following conditions: a) Additions to towers constructed prior to the effective date of this Ordinance, regardless of whether the additions are accounted for in the original design, shall comply with the current EIA standards, and the wind loading specified therein. Additions to towers constructed subsequent to the effective date of this Ordinance shall comply with standards set forth elsewhere in this Section, b) Existing towerSr-whieh that will not have any additional attached appurtenances added-te-them shall at a minimum comply with the EIA standards in existence at the time the tower was erected, C) Replacement of antennas or other appurtenances shall at a minimum comply with the EIA standard in existence at the time the tower was erected if the replacement does not add to the original design loading, d) if a structural analysis shows a tower is not in compliance with the appropriate EIA standards, the owner shall submit an application to the Inspections Division with a plan to bring the tower into compliance within six (6) months. e) Analysis of Existing Towers. Within twelve (12) months of the effective date of this Ordinance an analysis by a North Carolina Licensed Professional Engineer (P E. Analysis) shall be performed on all towers in excess of 100 feet in height and shall be submitted to the Inspections Division. The analysis shall determine the tower's compliance or lack thereof with the EIA standard in effect at the time the tower was constructed and when the most recent structural loading change was made For all towers less than six (6) years old, a current existing P.E. analysis of the tower may be submitted in lieu of the new P. E. analysis Ordinance as Recommended by Planning Board and Administration 15 required above. If the tower does not meet the aforementioned EIA standards, the letter or existing P.E. analysis shall include the types of modifications that would be required to bring the tower up to standard. All existing towers shall be subject to the annual electrical inspection conducted by the Inspections Division including any associated inspection fees. 1) The Inspections Division shall be notified in writing when a required analysis is complete. A copy of the analysis report shall be made available to the County Inspections Division upon request. That report shall also give details of the net result of any changes made to the tower or its appurtenances since the last inspection. 6) Fees and charges. a) A filing fee as set by the Orange County Board of Commissioners shall be paid upon application for a Building Permit, Site Plan approval or Special Use Permit, In addition, an inspection fee is due the County at the time of future inspections. b) Public land or right-of-way lease agreements shall be established by separate instrument and recorded prior to the issuance of Building Permits. G) Escrow Account. An escrow account of an amount determined by the Board of County Commissioners shall be paid by check to Orange County apsa-filing-af-a teteseraMunisatieR44awer-appllsatien. The a en to pay associated consultant review fees during the review process. A partial escrow payment of $1,000 shall be submitted at the pre-application meeting to cover associated consulting fees incurred prior to the formal submittal of a Special Use Permit application. The escrow amount required at the formal application submittal shall be reduced by the $1,000 partial payment amount. Any unused funds in the account after either the Ordinance as Recommended by Planning Boatd and Administration 16 approval of the Certificate of Occupancy (CO), or the expiration of the Special Use Permit approval, whichever is sooner, shall be returned to the designated party. 6.18.5 Master Telecommunications Plan ("Plan") The Plan will assist providers in their search for suitable locations to build their service network. The County may develop the Plan (map), which would display locations within the County's zoning jurisdiction where property owners have expressed interest in allowing construction of telecommunications equipment. Information that may be shown on the base Plan will include: existing towers, major transmission lines, County-defined Natural Areas, historic properties, scenic corridors, known bird migratory patterns through the County, Voluntary Agricultural Districts, and publicly-owned or quasi-public lands. In all cases, an interest in allowing the placement of telecommunication equipment on the property/properties shall have been expressed. In order to participate in the MTP all owner(s), or their legally binding representatives, shall submit an application on a form prepared by the Planning Department and meet the following guidelines: As-an-alternative to the foregeirtg {3revisfeas an applicant faFa-new teleeemmua+satien teweF less than two hundred (2 0)4eet-in height-may elect W participate n4he-grange County rTeleeGrnm Risatiens PerR}Itin- eardaFlGe-with -the vpedflGatiens set fo-Fth in. Re. )an. The Plan-shall--b rile quarterly ptl4tlG-hearln9-, t# a) Information to be provided. All telecommunication providers who elect to construct facilities on properties appoaved in the Plan shall provide all necessary and requested information to the County's telecommunications consultant. SuGh-information shat lnG this eGernrni4n;Gatie„s-s.te- hiGh-it Gu he Seunty.as-well-as Gh-site that-4tfeasenably-be4eve&4tw% equire-within-tlie-6GUnty 10F the Rext five (55) years. telesemrr 44meatiea-tewer-- RGWdedin-the i"e-required te-rneetall-9rdinanGe-requirereants and shall pay a site Rappreval and bu4dlagapphGatien-fee-ae-previded-f9F in the Orange County Sehedule a Fees. Ordinance as Recommended by Planning Board and Administration 17 b) Plan modification. After adoption of the initial Plan any subsequent modification FAedifisatiens to of the Plan shall may be considered annually at the February Quarterly Public Hearing. Any applicant requesting modification of the Plan shall make application to the Zoning Officer on or before December 451a 1st of each year. The fee for aRsual-rftedifieatien e# modifying the Plan shall be that as set forth in the Orange County Schedule of Fees. e) The Se?nty stiall-use-signal -propagation metfiedsand prefessienal-engineers qualified in this diG ipliReand I fe.teFal state and local assure regulations. d) All sites specified in the Plan.. sha-l be4eerned-permitted sitesfeNhe se without-the city of f rrtheF p bl'n heaFiR C.,F-4hg&e sites spesitied-en-the on-owned er controlled-by4he-6e ^ty (regardlessof z ping elassifisatien}-NaeapPN g-a Building Permit for GLIGh use7-egetiatean lease greemeRt with the eh-site-upen terms an4-69fl ' ' e-G9up* C) Withdrawal from the Plan. Withdrawal from the Plan is permitted if any owner submits, to the Planning Director, a notarized statement requesting withdrawal from the Plan. Section 2: Amend Section 8..8.17a to read as follows: 8.8.17a Telecommunication Towers Amended 12/10/02 Overall Policy and Desired Goals for Special Use Permits for Telecommunications Towers. Promoting and encouraging, wherever possible, alternatives to constructing new towers, including but not limited to the co-location of wireless telecommunications equipment and mitigating the visual effect of a telecommunication tower to an extent not commercially impracticable; promoting and encouraging, wherever possible, the placement, height and quantity of wireless telecommunications towers and equipment in such a manner, including but not limited to the use of stealth technology or camouflage techniques, to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such telecommunications towers, which shall mean using the least visually and physically intrusive Ordinance as Recommended by Planning Board and Administration 18 facility that is not technologically or commercially impracticable under the facts and circumstances, 8,8.17a.1 Definitions Words, terms and phrases, when used in this Section, shall have the meanings ascribed to them as in Section 6.18. 8.8.17a.1a Additional Information In addition to the information required in Subsections 6.18.4, 8.2 and 8.8, the following shall be submitted as part of the application. a) A Site Plan showing the entire site (including property boundary lines) and size of all existing structures within 500 feet of the site, existing and proposed structures on site, the fall zone of the tower, existing and proposed topography at a contour interval of five feet and any officially designated floodways and floodplains, or the presence of alluvial soils. b) Plans, and elevations for all proposed structures and descriptions of the color and nature of all exterior material. C) A Landscape Plan showing, at the same scale as the Site Plan, existing and proposed trees, plus shrubs, ground cover and other landscape materials. This plan shall minimize adverse visual effects of telecommunications towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques. Notwithstanding any other provision of this article, to minimize adverse visual impacts associated with the proliferation and clustering of telecommunications towers, co- location of telecommunications equipment on existing or new towers shall be encouraged,. d) Monopole, lattice or guyed telecommunications towers shall not be located within %2 mile of any existing monopole, lattice or guyed telecommunications tower. An exception may be allowed when the applicant can sufficiently demonstrate that 1) appropriate space on the existing telecommunication tower is not available; or 2) the applicant has made good faith effort to negotiate an agreement with the owner of the existing telecommunication tower and has been unsuccessful, which must be documented in writing; or 3) the telecommunication equipment on the existing telecommunication tower is not compatible with the proposed telecommunication equipment of the applicant; or 4) adequate coverage by the applicant cannot be met at the location of the existing telecommunication tower; or 5) the existing telecommunication tower cannot be reasonably modified to accommodate additional co-location by the applicant, Exceptions shall only be allowed after a thorough analysis of the search area, provided by the applicant is performed by the County's consultant Ordinance as Reconunended by Planning Board and Administration 19 or Staff, indicating that coverage is not possible on an existing tower at the four-carrier capacity or other user capacity that can be achieved. There must be a 80% approval vote of the deciding board for this specific finding to pass the exception criteria. d)e) Evidence that the applicant has investigated the possibilities of leeatiag placing the proposed equipment on an existing tower. Such evidence shall consist of: 1) A listing of all telecommunications towers within a 4- 2-mile ff^ 0-feeteight-er-herter-er-2 eighth radius of the proposed tower site and a listing of all towers, utility poles and other structures in the vicinity of the proposed facility that are technically feasible for utilization by the applicant to fill all or a substantial portion of the telecommunications service need identified by the Applicant pursuant to Subsection 6.18.4. d)(10). Documents shall be submitted at the time of application filing that indicates the applicant's ability or inability to co-locate on the identified tower(s) and reasons why, 2) Delineation of the boundaries of the maximum search range within which the telecommunication equipment can function as intended. The following information shall be provided for all existing towers within the search range: a) Telecommunication tower height, as measured from the base of the tower to the highest point of the proposed antenna(s), including lightning rods, to be located atop the tower structure; b) Existing and planned tower users; c) Whether the existing telecommunication tower could accommodate the telecommunication equipment to be attached to the proposed tower without causing structural instability or radio frequency interference; and d) If the proposed telecommunication equipment cannot be accommodated on the existing telecommunication tower, assess whether the existing tower could be structurally strengthened or whether the antennas transmitters and related equipment could be protected from electromagnetic interference, and generally describe the means and projected cost of shared use of the existing tower; and Ordinance as Recommended by 20 Planning Board and Administration e) any restrictions or limitations of the FCC or FAA that would preclude the shared use of the tower; and f) any additional information requested by the County. 3) A summary explanation of why proposed telecommunication equipment cannot be located on any of the existing towers in the search range, f) Documentation from applicable state or federal agencies indicating requirements, which affect the appearance of the proposed tower, such as lighting and coloring, g) Draft bond which will guarantee the removal of the tower in the event that it is abandoned or unused for a period of 12 months,, h) A listing of, and current tax map identifying, all property owners within 1000 feet of the parcel shall be provided. Addressed, first class stamped envelopes to said the property owners shall be submitted with the application. Each property owner shall be notified of the public hearing in accordance with Article 2.3.3.4 (Class B Special Use Permit) or Article 8.4.5 (Class A Special Use Permit) of this Ordinance. The applicant shall, aft.°;,;--ib.rn:ss;o,^ef-anapplisaties-far-a Special Use PeFmi at least 6 weeks prior to a Class B Special Use Permit public hearing and at least 11 weeks prior to a Class A Special Use Permit public hearing, arrange to fly, or raise upon a mast, a minimum of a three-foot (3') in diameter, brightly colored red or orange balloon at the maximum height of the proposed new tower. A notice of the dates (including a second date in case of poor visibility, weather or atmospheric conditions on the initial date), times, and location of the balloon test shall be mailed, by certified mail, return receipt requested, by the applicant, to all persons owning property within 1,000 feet of the subject parcel no less than fourteen (14) days in advance of the first test date. The applicant shall inform the County Planning Staff, in writing, of the dates and times of the test at least fourteen (14) days in advance. The balloon test shall be flown for at least four (4) consecutive hours sometime between 7:00 A.M. and 4:00 P.M. on the dates chosen. The primary date shall be on a weekend, but to prevent delays in the processing of the application, and in case of poor weather or atmospheric conditions on the initial date, the secondary date may be a weekday. The applicant, as evidence that this requirement has been met, shall submit a notarized statement and listing of the property owners notified of the test, a copy of a current Orange County Tax Map showing the subject property and all properties within the notification ring, and copies of the certified mail returned receipts Ordinance as Reconunended by 21 Planning Board and Administration from the mail-out. The applicant shall also post a sign on the subject property, and directional signs posted at locations to be determined by Planning Staff. The signs shall measure no more than nine (9) square feet in area and no less than four (4) square feet in area, giving the proposed dates, times, and location of the balloon test. The signs shall be posted to meet the same time limits as provided for in the balloon test notification and as stated above. A notarized statement that this requirement has been met is also required from the applicant and shall be submitted ne later t#a e-publie-hearing at the time of the application. Photographs of a clearly visible balloon floated at the proposed tower location to the maximum height of the tower, as well as photographs with the proposed tower and associated antennas superimposed upon them showing what the proposed tower will look like, shall be submitted Re later than ten (14ydays pFieF to the g at the time of the application., Photographs shall be taken from locations such as: property lines, and/or nearby residential areas, historic sites, roadways, including scenic roads and major view corridors, and other locations as deemed necessary by the Planning Staff to assess the visual impact of the proposed tower. The visibility of the balloon to adjacent properties and the surrounding area shall not constitute sole justification of denial of a permit application, but is an indication of what location on the site may be less visually intrusive. j) The Special Use Permit application shall include a statement that the facility and its equipment will comply with all federal, state and local emission requirements. k) All buildings and other structures to be located on the same preperty zoning lot as a telecommunication tower shall conform with the setbacks established for the zoning district or as established through the subdivision process, whichever is greater. 1) An Applicant may be required to submit an Environmental Assessment Analysis and a Visual addendum. Based on the results of the Analysis, including the Visual addendum, the County may require submission of a more detailed visual analysis. The scope of the required Environmental and Visual Assessment will be reviewed at the pre-application meeting. The Applicant shall furnish a Visual Impact Assessment, which shall include: A "Zone of Visibility Map" shall be provided in order to determine locations from which the tower may be seen. Pieter-iatat:ens Panorama photo simulations of the proposed tower, superimposed on the existing landscape, to Ordinance as Recommended by 22 Planning Board and Administration scale, of showing "before and after" views from key-viewpoints bath-iaside ;aAd-outside of the priate including but not limited to State highways and other major roads; State and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents. GAdanGe-will-be-provided; seneerning--the-appropriate-key-v}ewpe;, to at-a-pr;. application meeting. An assessment of the visual impact of the tower base, guy wires and accessory buildings from abutting and adjacent properties and streets as to shall be considered to determine the need or apprapriateness of screening. All Applications shall contain a demonstration that the tower be is sited so as to have the least visually intrusive effect reasonably possible and thereby have the least adverse visual effect on the environment and its character, on existing vegetation, and on the residences in the area of the telecommunications tower. Both the telecommunications tower and any and all accessory or associated telecommunication equipment and related facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings, this shall include the utilization of stealth technology as may required by the County. At a telecommunications tower site, an access road, turn around space and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall, at all times, minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion. 8.8.17a.2 Standards of Evaluation The following specific standards, as well as those found in Section 6.18.4 of the Zoning Ordinance, shall be used in deciding upon an application for approval: a) Telecommunications equipment shall be located at a preferred site in accordance with the following priorities, with priority one (1) being the most preferred, and priority five (5) being the least preferred: 1. On existing towers or other structures; 2. On utility poles; Ordinance as Recommended by Planning Board and Administration 23 3-9n-properties listed-sn-the4V1TD.-.-,LP4aw* f 3. On industrially- or commercially-zoned properties; 4. On-Cow#y--owned-property 4. On a stealth facility; 5. At another location not identified above as priority 1, 2, 3or4. b) If an Applicant proposes to place telecommunications equipment at a location that is not a preferred priority 1 site, then the Applicant must provide a detailed explanation as to why a higher priority site is not proposed. The explanation shall be in the form of a written report demonstrating the Applicant's review of the above locations in order of priority and the reason(s) for the site selection. The explanation shall, at a minimum, include the information required by Subsection 8.8.17a.1a.e). c) 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). d) An Applicant may not by-pass sites of higher priority merely because the site proposed is the only site leased or selected. Agreements between providers limiting or prohibiting co- location shall not be a valid basis for any claim of commercial impracticability. e) Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, an application shall not be approved if it conflicts with the provisions and requirements of this Ordinance. f) Within or adjacent to residential zoning districts, minimum setbacks from the base of the tower to the property boundary shall be equal to 110% of the tower height. If the tower is proposed as an accessory use to a residential use, the tower setback shall be 110% of the tower height from any residence or dwelling unit on the subject property. g) Adjacent to non-residential uses or non-residential zoning districts, minimum setbacks from the base of the tower to the property boundary shall be the greater of 20% of the tower height, or the minimum required setback. h) A Type C Landscape Buffer shall be provided between the tower and its accessory structures and adjoining property/properties. Existing vegetation may be removed only to the extent necessary to accommodate the tower, equipment buildings, and support Ordinance as Recommended by Planning Board and Administration 24 structures such as guy wires. Plantings around the compound perimeter, outside of any fence or wall, shall be composed entirely of fast growing evergreen vegetation. New plantings and existing vegetation used for screening shall be at least six (6) feet in height or greater at planting. Proposed plantings (name, type, height) shall be shown on the Landscape Plan for the facility. Landscaping shall provide a screen on a year-round basis. The site plan shall indicate a location for at least two equipment buildings in addition to that proposed for use by the applicant. seumes ef light and nt-light-sp' n the site--Rhotemetrie drawings of the lightingfer the proposed fas4ty-sha4-b e-site-plan- SWelds-shall-be upwards rem the light SGU ee. All outdoor lighting not regulated by the FCC shall comply with the Outdoor Lighting Standards set forth in Section 6.31 of the Zoning Ordinance. j) An 8-foot fence or wall shall be required around the base of any tower. This fence or wall shall encompass all accessory equipment within the compound. Fences shall be required around guy wire tie downs as well. The fence or wall may be placed around the perimeter of the facility to include guy wire tie downs and associated equipment should the applicant/owner wish to do so, k) The telecommunications equipment planned for the proposed tower cannot be accommodated on an existing tower due to one or more of the following reasons: 1) The planned equipment would exceed the structural capacity of existing and approved towers, considering existing and planned use of those towers and the towers cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost. 2) The planned equipment would cause radio frequency interference with other existing or planned equipment for these towers, and the interference cannot be prevented at a reasonable cost. 3) Existing or approved towers do not have space on which the equipment can be placed so it can function effectively and reasonably in parity with similar existing or approved equipment. 4) No tower or other suitable facility exists in an area where the equipment to be placed on the tower will function in its intended manner. Ordinance as Recommended by 25 Planning Board and Administration I) The communications tower is structurally designed to support additional users as provided for in Section 6.18.4 d) 5a, and the Special Use Permit includes a statement that the owner of the tower is willing to permit other user(s) to attach communication equipment which do not interfere with the primary purpose of the tower, provided that such other users agree to negotiate a reasonable compensation to the owner from such liability as may result from such attachment. m) The color of the tower is of light tone, except to the extent required by law, so as to minimize its visual impact. n) The towers will not be artificially lighted unless required by the FAA, FCC or other federal or state agency,. Where such agencies allow a choice between painting the tower or installing strobe lighting, painting shall be the preferred choice, o) The tower and antenna will not result in a significant adverse impact on the view of or from any historic site, scenic road, or major view corridor, P) All abandoned communication towers shall be removed within 12 months of the cessation of use. A bond or other security guaranteeing the removal of the tower in the event that it is abandoned or unused for a period of 12 months shall be posted. A cost estimate shall be provided by a qualified General Contractor licensed in the State of North Carolina, The amount of the security shall be 110 percent of the estimate, q) A determination shall be made that the facility and its equipment will comply with all federal, state and local emission requirements, and the Special Use Permit shall include a statement that the facility and its equipment will comply with all federal, state and local emission requirements. r) The Special Use Permit shall include a condition that the electro- magnetic radiation levels maintain compliance with requirements of the FCC, regarding emission of electromagnetic radiation. Within 30 days of installation of equipment on the tower, and within 30 days of the installation of any additional equipment in the future, the tower owner shall provide documentation of emission levels in relation to FCC standards, In addition, the tower owner must provide documentation of emission levels within five working days if so requested by Orange County. Orange County may make such requests at any time, not to exceed two times per year. S) High voltage and "No Trespassing" and other warning signs. 1) If high voltage is necessary for the operation of the telecommunications tower or any accessory structures, Ordinance as Recommended by 26 Planning Board and Administration "HIGH VOLTAGE - DANGER" warning signs shall be permanently attached to the fence or wall and shall be spaced no more than forty (40) feet apart. 2) "NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and shall be spaced no more than forty-(40) feet apart. 3) The letters for the "HIGH VOLTAGE - DANGER" and "NO TRESPASSING" warning signs shall be at least six (6) inches in height. The two (2) warning signs may be combined into one (1) sign. The warning signs shall be installed at least five (5) feet above the finished grade of the fence. 4) The warning signs may be attached to freestanding poles if the content of the signs would, or could, be obstructed by landscaping. 4) Signs noting federal registration (if required) shall be attached to the tower structure in compliance with federal regulation. t) Equipment storage. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the telecommunication tower, unless repairs to the tower are being made, u) Signs and advertising. The use of any portion of a tower for signs or advertising purposes including company name, banners, streamers, etc. shall be strictly prohibited. Section 3: That this ordinance be placed in the file of published ordinances. Section 4: That this ordinance is effective upon adoption. NOW THEREFORE BE IT ORDAINED by the Board of Orange County Commissioners that this Ordinance entitled "An Ordinance Amending the Zoning Ordinance of Orange County" is adopted. Upon motion of Commissioner _ Commissioner adopted this the day of seconded by the foregoing Ordinance was . 2004. I, Donna S. 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 Ordinance as Recommended by 27 Planning Board and Administration , 2004 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 2004. Clerk to the Board of Commissioners SEAL DRAFT 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD Joint Public Hearing Agenda November 24, 2003 The Orange County Board of Commissioners and the Orange County Planning Board met in joint session for a public hearing on Monday, November 24, 2003 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Commissioners Moses Carey, Alice M. Gordon, Stephen H. Halkiotis and Barry Jacobs COUNTY COMMISSIONERS ABSENT: Chair Margaret W. Brown, COUNTY ATTORNEY PRESENT: S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) PLANNING BOARD MEMBERS PRESENT: Vice-Chair Hunter Schofield and members Noah Ranells, Jay Bryan, Crauford Goodwin, Barry Katz, Sam Lasris, Ted Triebel, Bryan Dobyns, PLANNING BOARD MEMBERS ABSENT: Chair Nicole Gooding-Ray, Rachel Preston, Maria Tadd, Renee Price NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE PERMANENT AGENDA FILE IN THE 2s A. Opening Remarks from the Chair -Vice Chair Alice Gordon called the meeting to order, in the absence of Chair Brown. B. Public Charge- Vice Chair Alice Gordon dispensed with the reading of the public charge. Commissioner Gordon said that she will open the meeting and call for the motions of the BOCC and will close the meeting and Vice Chair Hunter Schofield will chair the public hearing items. C. Public Hearing- Planning Board Vice Chair Hunter Schofield Orange County Zoning Atlas Amendment - PD-1-03 State Employees Credit Union a. Request for rezoning of an Economic Development - Limited Office 1 (ED-LO-1) district to a Planned Development Economic Development Linear Office (PD-ED- LNR) district with a Class A Special Use Permit. Vice-Chair Schofield reviewed the procedure for this part of the agenda item: Procedures for Re-Zoning and Special Use Permit- ? The Re-zoning will be legislative 24 VOTE: UNANIMOUS DRAFT 3 b. Amend Article 6.18 (Telecommunication Towers and Equipment) and Article 4 8.8.17a (Telecommunication Towers) to clarify inconsistencies and provide a 5 better understanding of the various aspects of the review process as well as 6 revise the intent, scope, and use of the Master Telecommunications Plan concept. 7 8 Craig Benedict (gray hand out) and this only had minor changes in this-they went 9 through 18 months of review to amend the ordinance recently. He stated that they have 10 reviewed 4 Class B Special Use Permits. They have learned that there is more 11 information needed earlier to help them review the application. This information includes 12 more information on the telecommunication propagation studies, having panorama 13 photographs of towers when they come in with the application rather than down the line; 14 balloon photos to be filed at time of application; fee structure now requires lump sum with 15 formal application and now there is a two - part process. We are now asking part of fee 16 to be paid at first meeting in order to have money available to pay the consultant for his 17 time. As for the MTP, there is one modification - in gray sheet. In the past the two 18 boards have discussed the relevance of the MTP- should we note certain areas on map 19 to use for future siting of towers and could they provide the public safety needs for the 20 County. He stated that they have not come to a consensus and what role does the MTP 21 play in this and in the BOCC/Planning Board original packet Staff was using the MTP as 22 a priority system. The legal ad did not cover this and this item will have to be taken out 23 of the agenda until they have discussed it with manager and Board of County 24 Commissioners. He stated that they are removing the MTP plan from priority list for 25 now. He said that the EMS office is working on a study 26 27 Commissioner Jacobs On page 12, three becomes four. He suggested adding 28 language 'as determined by County Consultant'. 29 30 Sean Borhanian said that that was indicated in number 5. 31 32 Commissioner Jacobs said that the best time to have a balloon test is when there are 33 no leaves on trees. 34 35 Craig Benedict agreed and stated that the balloon tests are done prior to the public 36 hearings and which can at any time during the year. He stated that the Annual 37 Telecommunication Projection Meeting will be held in January to determine the number 38 of applications to be filed in the coming year. 39 40 Noah Rannell said that there has been discussion about towers helping farmers by 41 locating sites on farms and it can be a significant source of income for farmers. 42 43 Craig Benedict said that there is interest in agriculture community and they will need to 44 develop a task force to look at the MTP, 45 46 Noah Rannell asked if this was possible to get on this list now.. 47 29 25 DRAFT 1 Craiq Benedict said that no, but farmers can write to the telecommunication companies 30 2 or they can contact whomever they want to pursue towers on their properties 3 independently from the MTP, 4 5 Noah Rannell asked about preferred sites are in order as listed and why a farmer's falls 6 in at number five. 8 Craig Benedict said that the way that we are suggesting this now. Commissioner 9 Gordon asked why we want the agriculture below the commercial in the priority. 10 11 Craig Benedict said that agriculture was considered as a part of the MTP plan and until 12 the County accepts the MTP farms fall out of the siting criteria. 13 14 Commissioner Gordon asked why we are not doing MTP now. 15 16 Craig Benedict said that using the MTP for a planning tool for information for does not 17 give them the ability to put a priority list in the MTP. He stated this could be done for the 18 February 2004 public hearing. 19 20 Commissioner Jacobs asked if this went to public hearing in February would they lose 21 a whole year of applications. 22 23 Craig Benedict stated that they would have to ask the County Attorney's office if there is 24 some vesting. 25 26 Sean Borhanian said that there would not be vesting. 27 28 A motion was made by Commissioner Barry Jacobs, seconded by Commissioner 29 Halkiotis to accept the Administration's recommendation to refer the proposed 30 amendments to the Planning Board for a recommendation to be returned to the 31 BOCC no sooner than January 26, 2004. 32 33 VOTE: UNANIMOUS 34 35 4. Text Amendments to the Orange County Subdivision Regulations 36 37 Craia Benedict 38 39 a. Amend Section IV-13-3 (Streets) to consider requiring bicycle facilities, sidewalks, 40 and common access points concurrent with development projects that abut or 41 adjoin roadways with approved access management plans. 42 43 Craiq Benedict said that these items both have to do with amendments to subdivision 44 regulations and you can have good regulations. They were able to do a study with Orange 45 Grove road plan that has universal applications. 46 47 Commissioner Jacobs asked if this will apply on Orange Grove Road. 48 DRAFT 31 MINUTES ORANGE COUNTY PLANNING BOARD THURSDAY, January 8, 2004 Dinner -6:00 - 6:30 Regular Meeting - 6:30 p.m. - 9:30 p.m. MEMBERS PRESENT: Hunter Schofield, Chair, Cedar Grove Representative; Jay Bryan, Vice- Chair, Chapel Hill at Large; Brian Dobyns, Cheeks, Representative; Theresa Nicole Graysmith, Chapel Hill at Large; Craufiird Goodwin, Hillsborough Representative; Dr'. Barry Katz, Chapel Hill at Large; Sam Lasris, Chapel Hill at Large; Renee Price, Chapel Hill at Large; Noah Ranells, Bingham at Large; Theodore W. Triebel, Little River Representative;. MEMBERS ABSENT: Maria Tadd, Bingham Representative STAFF PRESENT: Craig N. Benedict, AICP, Planning Director; Catherine LaSpaluto, Admin Asst II; Robert Davis, Current Planning Supervisor; Tom Altieri, Supervisor Planner III; Gene Bell, Planning Systems Coordinator, Planner III, Eddie Kirk, Planner II APPLICANT'S REPRESENTATIVES: Mr. Jonathan E. Parsons, Landscape Architect from O'Brien Atkins, PA and Transportation Engineer, Rynal G. Stephenson, P.E. of Ramey, Kemp & Associates 8. A. Zoning Atlas Amendment I. PD-1-0.3 State Employees Credit Union Eddie Kirk - made a brief' presentation as to the nature of the request comments from the Public Hearing and the Planning staff recommendation that is APPROVAL with the following conditions. I . Sewer and water lines shall be extended at the time of site development. 1 Parking, landscaping and buffers shall be installed and maintained as shown on the November 3, 2003 site plan. Existing trees will be preserved wherever possible. 3. Sidewalks shall be constructed and maintained by the State Employees' Credit Union until the property is annexed by the Town of Hillsborough. 4. All NCDOT construction requirements shall be met. Rights-of-way shall be dedicated where required. 5. One Right In/Right Out access entrance on Old NC 86 shall be permitted. 6. A stub out to the south shall be constructed as indicated on the November 3, 2003 site plan. A cross-access easement agreement shall be approved by the County Attorney's office prior to recordation of Special Use Permit. 7. A stub out easement shall be provided to the western property line for potential connection to adjoining property when developed. 8. The applicant shall insure a controlled burn for fire safety training or shall deconstruct the existing house and accessory structure on the site. 9. If any condition of this Special Use Permit shall be held invalid or void, then this DRAFT VOTE: All ayes 8.C.2 Telecommunication Towers Davis discusses future use of a MTP (Master Telco Plan). Noah Rairells - Comments that Agricultural Districts need to implement it. Robert Davis- It was only advertised as an informational tool and not a regulation. la Craig Benedict states Noah Ranells's concerns will help bring the MTP back to the forefront after a Task Force is created. Jay Bryan - States balloon tests should be done in the winter.- Davis - answers that most will be done at that time because of and amended meeting schedule. Jay Bryan & Brian Dobyns ask questions regarding resident notification. Sam - balloons help neighborhood understand location and height. Hunter Schofield - Who is captured by the notice and test? Davis - says Y2 mile radius notified. Cranford Goodwin - says priority ranking test should be instituted in full without the deleted areas. Davis says MTP will help in this matter when it resurfaced. Craig Benedict- Mentions again that a Task Force will be suggested to bring the MTP to a conclusion. MOTION ON 8.C.2. Craufurd Goodwin - Moves to Approve Telecommunication Towers, Ted seconds VOTE: All ayes 8.1). TEXT AMENDMENTS TO THE ORANGE COUNTY SUBDIVISION REGULATIONS Recommendations of Orange Grove Road Transportation Group Certificates and Endorsements to Appear on Final Plat Hunter Schofield suggest motion be made to combine 8.D.1 &2. MOTION on Combining 8.1 .1 &2. by Jay Bryan - Barry Katz seconds VOTE: All Ayes. Hunter Schofield: We heard these prior to going to the Public Hearing as well as at the Public DRAFT Hearing and everyone seemed to have a good understanding and no concerns. 177 MOTION to approve by Hunter Schofield- Barry Katz seconds. VOTE: All Ayes.