NS ORD-1996-033 Zoning Ordinance Text Amendments - Telecommunication Towers

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DRAFT PUBLIC HEARING MINUTES 5/28/96 56 6 1 west and Mill House Road to the east and is located at the north intersection of these two roads. The 2 28.46 acre tract is currently zoned NC-2. The applicant proposes to rezone approximately 4.8 acres of the 3 tract to RB (Rural Buffer). 4 Commissioner Gordon asked why they want the rezoning and Eddie Kirk said that the 5 applicant has indicated his intention to apply for a Class B Special Use Permit for a communications tower. 6 However, the staff has not received an application. 7 8 THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENT 9 JERRY EATMAN spoke on behalf of the applicant. He stated that this application is 10 consistent in all respects with the code. Mr. Tapp has been approach by a company to buy this property for 11 a communication tower, though the project is not guaranteed. 12 NEAL TAPP said thatthis property is in the woods and this use would cause the property to 13 remain wooded and the tower would not be seen from the road. 14 EVE OLIVE, President of the Emerson Waldorf School, which is close to this area, said that if 15 there is going to be a telecommunications tower on this property, she is concerned about the health impact 16 on the children. She stated that there has been a lot of evidence concerning the high incidence of leukemia 17 in children living near power lines. She asked that this health impact be stated in the Zoning Ordinance and 18 that the regulations limit the proximity of radio towers to areas where there are large numbers of younger 19 children. 20 21 County Attorney Geoffrey Gledhill clarified that the County Commissioners have a 22 responsibility to look at all the possible uses in making their decision on a rezoning. The Board would be 23 endorsing these uses if they approve the rezoning request. 24 A motion was made by Commissioner Willhoit, seconded by Commissioner Crowther to 25 refer this item to the Planning Board for a recommendation to be returned to the Board of County 26 Commissioners no sooner than August 5, 1996. 27 VOTE: UNANIMOUS 28 29 (b) Z-3-96 Buckhom Road Economic Development District Expansion 30 (HEARD ABOVE WITH 2b) 31 32 4. Zoning Ordinance Text Amendments 33 (a) Telecommunication Towers 34 1) Article 4.3 Permitted Use Table 35 2) Article 8.8.17 Radio and Television Transmitting and Receiving Towers and 36 Elevated Water Storage Tanks(Class B Special Use) 37 3J.Article 8.8.17a Telecommunication Towers (Special Use Permit requirements) 38 4).Article 6.3.1 Principal Uses 39 _ 6) Article 6.18 Administrative Approval of Stealth Telecommunication Towers 40 (new) 41 Planter Mary Willis presented the information for this item. She summarized her response tc 42 the concerns heard at the November 27, 1995 public hearing. She outlined the changes in this proposal 43 which are listed in the agenda abstract. 44 In answer to a question from Commissioner Gordon, Mary Willis said that all the changes wit! 45 the exception of the notice to citizens are less stringent. She clarified some of the new language used in 46 the proposed changes. 47 In-answer to a question from Chair Carey about a study showing adverse health impacts fron 48 communication towers, Mary Willis said that everything she has read indicates that there is no identifiable 49 health risk associated with communication towers. She will provide documentation to the County 50 Commissioners. 51 County Attorney Geof Gledhill stated that he feels that the 1995 Cable Communications Act 52 takes the County Commissioners out of the business of making a decision based on safety issues 53 concerning communication towers. Congress made the decision that they were safe. He will provide 54 information to the Board on this issue.