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

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engineer to provide counsel and guidance regarding cell towers and they believe that this assistance is necessary and should be necessary to the Planning Department and the Board in the future. They think that there should be a way to more actively involve citizens who might be impacted by the application with the experts. The bottom line is that they feel that the special use permit application process is weighted in favor of deep - pocketed applicants and against the citizens of the County. They feel that citizens should have a way to have their voices heard without having to spend thousands of dollars in the process. With regard to the ordinance, they would suggest that the requirement to notify parties about a cell tower application be expanded beyond the 1,000 feet. He made reference to the standards for approval and said that only looking at the contiguous properties does not appear to deal with the reality that a much wider band of properties will be impacted. He said that considerable progress has been made over the years with regard to the application process, but more work needs to be done. Commissioner Brown asked how much of the report in the packet addresses the issue of impacts on neighbors. She said that this has been a constant problem. She thought that more of the towers were going to be brought to the County Commissioners instead of the Board of Adjustment. Craig Benedict said that they have made the modification that towers 150 feet and over would go to the County Commissioners. The higher the tower, the more possibility for co- location and the better coverage. If the towers are lower, then more towers are needed. He said that Orange County's regulations are the most restrictive that he believes the federal government would allow it to put forward. The 1,000 -foot notification requirement is twice what it is in other areas. The MTP may limit the amount of random tower locations. Commissioner Gordon asked how a property owner would get accepted into the MTP. Craig Benedict said that if they signed a letter of intent, then it becomes part of the plan. They still have to go through the special use process, but it becomes a guidance to show sites that are better suited. Chair Jacobs made reference to page 153 and read, "If the Board of County Commissioners so directs, text amendments may be considered in the future to adopt additional substantive requirements to further address these environmental issues as they relate to the public health, safety, and general welfare." He asked if the Board was supposed to direct the staff to make the guidelines more operational. Craig Benedict said that this is a two -step process — step one is adoption of the MTP and step two is further direction on the other environmental aspects. The staff can bring back the other items in August. Chair Jacobs said that, within the law, he would hope that if there are examples that diverge from the Board's intentions that they would not move forward before they adopt the other standards. Craig Benedict agreed. Chair Jacobs said that he appreciates the effort put into the issue of what the towers do to migratory birds. It seems clear that there is a substantial adverse impact. Chair Jacobs asked if Emergency Services was always welcome to co- locate on a tower or if they would have to compete with other users. Craig Benedict said that if it is on private property, they have to compete with other users. If it is on public property and the County holds the lease, it can set special conditions.