ORD-2006-105 - Piedmont Electric Membership Corporation (PEMC) Planned Development (PD-OI) and Special Use Permit, Class A

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Sheriffs Department, and EMS to better communicate during emergencies such as hurricanes and ice storms. PEMC has offered its existing tower, after de- construction, to the Orange County EMS facility on New Hope Church Road. If this happens, it would be a cost savings to the County. PEMC has also offered free co- location space on the replacement tower to the County Sheriffs Office and to EMS. If EMS communications systems are co- located on the replacement tower, then EMS will improve its communications system and allow for better use of the. VIPER system tower on Eno Mountain. The County Information Technology Department is interested in establishing campus -to- campus network connections using tower - mounted equipment. The use of the existing tower for County purposes once that tower is deconstructed and relocated could be an important first step in acquiring tower access rights for the implementation of the campus -to- campus network. As access rights are negotiated for other towers in the County, the Information Technology Department could replace leased fiber lines and provide more reliable network availability during emergencies. Ordinance references Article 7.2.3 of the Orange County Zoning Regulations states that , if the petitioner elects to apply for a Planned Development District the petition must specify the actual use(s) intended for the property specified in the petition and the intended use(s) must be permitted in the corresponding general use district" and that "in the petition for a Planned Development District, the County Commissioners are to approve, approve with conditions or disapprove the petition on the basis of the proposed site plan and the specific proposed use." The petitioner has designated Offices and Telecommunications Tower (greater than 150 feet in height) as the principal uses. Pursuant to Article 7.2.3, "any change in the use shown on the plan will be treated as an amendment to the Planned Development as set forth in Article 7.8." The PD-01 District is being amended by adding the use of Telecommunication Tower (greater than 150' in height) and also by adding the acre parcel that was not a part of the original SUP legal description. Article 7.2.5 of the Zoning Ordinance states that "within the Planned Development District only those uses authorized by Article 4 as permitted in the zoning district with which the PD corresponds shall be permitted, and all other requirements of the corresponding district shall be met. Only the two uses set forth in the petition (offices and telecommunication tower greater than 150 feet) are proposed; all other district. requirements will be met. Further, Article 7.2.5 specifies, "Within a PD no use shall be permitted except pursuant to a Special Use Permit authorized by the County Commissioners which shall specify the use or uses authorized as required in Article 8.8.23." The uses must be specified in the Special Use Permit, Class A also. Additionally, Article 7.2.5 states that "the authorization of a Special Use Permit in any Planned Development District for any use which is permitted only as a 'Class B' special use in the zoning district which corresponds to the Planned Development District shall preclude any requirement for Board of Adjustment approval but shall be approved by the Board of County Commissioners." The existing Special Use Permit, Class B will be replaced and will not longer be valid under a 'sunset provision' once the new Special Use Permit, Class A is recorded.