PH-NS ORD-1996-014 Zoning Ordinance Text Amendment Article 8.8.24 - Historic Structures-Non Residential Reuse/Mixed Use

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NEAL TAPP said that this property is in the woods and this use would cause the property to remain wooded and the tower would not be seen from the road. EVE OLIVE, President of the Emerson Waldorf School, which is close to this area, said that if there is going to be a telecommunications tower on this property, she is concerned about the health impact on the children. She stated that there has been a lot of evidence concerning the high incidence of leukemia in children living near power lines. She asked that this health impact be stated in the Zoning Ordinance and that the regulations limit the proximity of radio towers to areas where there are large numbers of younger children. County Attorney Geoffrey Gledhill clarified that the County Commissioners have a responsibility to look at all the possible uses in making their decision on a rezoning. The Board would be endorsing these uses if they approve the rezoning request. A motion was made by Commissioner Willhoit, seconded by Commissioner Crowther to refer this item to the Planning Board for a recommendation to be returned to the Board of County Commissioners no sooner than August 5, 1996. VOTE: UNANIMOUS (b) Z-3-96 Buckhorn Road Economic Development District Expansion (HEARD ABOVE WITH 2b) 4. Zoning Ordinance Text Amendments (a) Telecommunication Towers 1) Article 4.3 Permitted Use Table 2) Article 8.8.17 Radio and Television Transmitting and Receiving Towers and Elevated Water Storage Tanks (Class B Special Use) 3) Article 8.8.17a Telecommunication Towers (Special Use Permit requirements) 4) Article 6.3.1 Principal Uses 5) Article 6.18 Administrative Approval of Stealth Telecommunication Towers (new) Planner Mary Willis presented the information for this item. She summarized her response to the concerns heard at the November 27, 1995 public hearing. She outlined the changes in this proposal which are listed in the agenda abstract. In answer to a question from Commissioner Gordon, Mary Willis said that all the changes with the exception of the notice to citizens are less stringent. She clarified some of the new language used in the proposed changes. In answer to a question from Chair Carey about a study showing adverse health impacts from communication towers, Mary Willis said that everything she has read indicates that there is no identifiable health risk associated with communication towers. She will provide documentation to the County Commissioners. County Attorney Geof Gledhill stated that he feels that the 1995 Cable Communications Act takes the County Commissioners out of the business of making a decision based on safety issues concerning communication towers. Congress made the decision that they were safe. He will provide information to the Board on this issue. Karen Barrows asked about the minimum setback and Mary Willis said that the full setback of 100° will be required. However, if the adjacent property owner did not object to a lesser setback, that could be approved. This provides for flexibility. Renee Price noted that there have been studies about health impacts from communication towers and that she is also concerned about this issue. S.A.M. Brooks asked about the setbacks for the adjoining property owners and noted that it would be difficult to know the impact on adjoining property until after the tower is built. Mary Willis indicated that they do have photographs which help in determining what impact towers of varying heights would have on adjoining property. In answer to a question from Margaret Brown, Mary Willis said that the 500 foot notice is from the boundaries of the property on which the tower would be located. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS