ORD-2004-019 - Zoning Ordinance Amendment Wireless Element of the Master Telecommunication Plan

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D. ORANGE COUNTY ZONING ORDINANCE TEXT AMENDMENTS (BOCC and Planning Board Public Hearings) - PLANNING BOARD CHAIR HUNTER SCHOFIELD WILL CHAIR THESE ITEMS. 1. Master Telecommunications Plan Map — Page 135 Amend the Zoning Ordinance, including but not limited to Article 6.18 and Article 8.8, and specifically Article 6.18.5, entitled "Master Telecommunications Plan ", and Article 8.8.17a, entitled "Telecommunications Towers ", to allow for the adoption of a "Master Telecommunications Plan" Map ( "MTP ") that will identify sites within the County where Telecommunications Tower facilities already exist and also pre- identified properties ( "Pre- identified Properties ") whose owners have expressed an interest in locating Telecommunications Towers in the future, subject to all Orange County Zoning Ordinance requirements. Craig Benedict said that the Boards have seen renditions of this since April 1999. The purpose of an MTP is to identify potential sites for telecommunications towers. Also, a pattern could be developed that fulfills public safety needs. There are 40 to 50 sites within the County. There are a lot of weaknesses in coverage in the County. The MTP is a guidance map with some potential sites for public sector and private sector purposes, but they would still have to go through the same approval process. There would be a meeting with the industry once a year to discuss the needs for the coming year. This would provide better opportunities to co- locate. Craig Benedict said that they have talked with the public in general about this in having public hearings and they have coordinated with County departments. They have also developed better coordination with the stakeholders (public sector departments and the private sector). He showed a picture of telecommunication facilities on existing power lines. They are still promoting this as a stealth facility. The industry has noted that they are willing to put tower attachments on other things that are unseen (silos, bell towers, etc.). At the Economic Development Commission meeting last week, the board voted to support the Master Telecommunications Plan. The staff suggests that the Board refer this to the Planning Board for the final recommendation, to be returned back to the Board of County Commissioners no sooner than August 17, 2004. PUBLIC COMMENT: Bob Hetterly lives on Thunder Mountain Road in Efland. He commented about the process for the special use permit. His neighborhood was involved in a class B special use permit last year. He entered into the record a short email that he sent to Commissioner Brown and Chair Jacobs. He said that they went through a six -month process. He read the email. In 2003, his neighbors were involved in opposing an application by AT &T Wireless for a special use permit to erect a cell tower in their neighborhood. They prepared comments and went to the public hearing before the Orange County Board of Adjustment to voice their opposition. They did not know that their comments would be considered useless. They came to learn that this was a quasi - judicial procedure and that they had little or no standing because they did not have legal counsel. They felt that the granting of this application would have adverse impacts on the values of their properties and the general quality of life in the area. The hearing was continued to the following month and in the interim they were able to engage legal counsel; licensed real estate appraisers, and engineers to assist in their opposition. The fees for these services amounted to thousands of dollars. They recognize that the County has hired a professional