ORD-2000-131 Stream Buffer Zoning Ordinance Amendments

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With no further public comment, Chair Allison closed the public hearing. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to refer the proposed zoning text amendments to the Planning Board for a recommendation to be returned to the Board of County Commissioners no sooner than October 3, 2000. VOTE: UNANIMOUS 2. 'ORANGE COUNTY TELECOMMUNICATIONS TOWER APPROVAL REQUIREMENTS AND PROCESS Craig Benedict made a correction to the agenda abstract that this item was a public hearing. The abstract indicated that it was not a public hearing. Craig Benedict made this presentation. He said that it had been four years since the inception of the telecommunication rules in Orange County. A lot of improvements have been made since that time. He explained in detail the following issues and suggestions. A section of definitions could be added that describes the different types of antennae arrays that can be on the towers. He explained the possibility of puffing towers on existing structures such as hotels, etc. One of the suggestions is for the County to put together a master plan where the County has more involvement in the placement of telecommunications towers. Another suggestion is allowing telecommunication facilities to be in electrical transmission lines. Another suggestion is the development of utility corridors across the County. There are minimum standards that can be augmented within the County's code to promote more co-location and multi-use. At this time, the standards for telecommunications towers is that anything 200 feet and above is a Class A Special Use and it goes to both the Planning Board and County Commissioners. If it is 199 feet, it is a Class B and just goes to the Board of Adjustment. The staff provided the County Commissioners with a report over the last year, and all of the towers were Class B with a height of 195 feet and above. He said that the County Commissioners could change the height at which the tower would require a Class A Special Use Permit. He said that there were other counties and towns that were putting together master telecommunication plans. The reaction to these plans has been favorable so far. He said that the Commissioners did not have to make any decisions tonight. Commissioner Gordon made reference to page 7, Telecommunications Facilities, and asked Craig Benedict why the facilities would be permitted as an accessory use in parks and recreation greater than 1.25 acres and in community facilities. Also, at the top of page 9, Section C, it says"it shall not be permitted within 200 feet of any residential district or residential portion of a PUD unless a property is designated as part of the special utility overlay district. She asked if that could sometimes negate the placement in parks, recreation areas, and community facilities. Craig Benedict said that, in regards to the parks and community facilities, they were zoning designations that may or may not be on the zoning map at this time. He said that there was enough latitude in the regulations so that there were no conflicting provisions. Commissioner Gordon said that community facility needed to be defined. Craig Benedict said that in his previous experience, towers were located in parks where there were lights. He said that towers could be incorporated in parks and could sometimes reduce the cost of sports lighting poles. Commissioner Jacobs suggested having a differential fee structure, which would encourage people to do the things that the County prefers, such as co-location. Also, regarding the issue of the height of the poles, he would like for the County Commissioners to review all of the applications. He said that if the requests for towers were going to the Board of Adjustment, then the County Attorney should be present at the meetings. Craig Benedict will do some research with the present ordinance and look at the rationale for the height number, which causes the application to go to the Board of Adjustment instead of to the County Commissioners. Commissioner Jacobs made reference to the$4,000 application fee and asked if the County's legal representation was included in that. Craig Benedict will take a look at the fee structure, County staff time, attorney time, etc. Commissioner Halkiotis made reference to co-location and said that it seemed like the only people interested in co-location are government agencies, school systems, emergency services, fire departments, etc. He said that some of the tower companies were very prejudiced