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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: January 23, 2014 <br /> Action Agenda <br /> Item No. 5-b <br /> SUBJECT: Unified Development Ordinance Text Amendment Related to <br /> Telecommunication Facilities — Public Hearing Closure and Action (No <br /> Additional Comments Accepted) <br /> DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> 1. Comprehensive Plan and Unified Michael D. Harvey, Planner III, (919) 245-2597 <br /> Development Ordinance Amendment Craig Benedict, Director, (919) 245-2575 <br /> Outline Form (UDO/Zoning 2013-04) <br /> 2. UDO Amendment Package <br /> 3. Approved November 25, 2013 Quarterly <br /> Public Hearing Legal Ad <br /> 4. Excerpt of Draft November 25, 2013 <br /> Quarterly Public Hearing Minutes <br /> 5. Excerpt of Approved December 4, 2013 <br /> Planning Board Minutes <br /> PURPOSE: To receive the Planning Board recommendation, close the public hearing, and <br /> make a decision on a Planning Director initiated text amendment(s) to the Unified Development <br /> Ordinance (UDO) incorporating recent changes in State law related to the review and permitting <br /> of telecommunication facilities. <br /> As a reminder, the reconvening of this hearing is solely to receive the Planning Board <br /> recommendation and any additional written evidence submitted since the November 25, 2013 <br /> Quarterly Public Hearing. This hearing is not intended to solicit additional input from the public <br /> or the applicant. While the BOCC may ask staff questions related to the review of a given item, <br /> comments from the public shall not be solicited. <br /> BACKGROUND: This item was presented at the November 25, 2013 Quarterly Public Hearing <br /> where staff indicated Session Law 2013-185, adopted on June 26, 2013, has modified how local <br /> governments process new telecommunication tower applications, including: <br /> • A prohibition on requiring information related to the specific need for a proposed <br /> telecommunication facility, including the addition of additional wireless coverage or <br /> capacity, as part of the application package. <br /> While the County can still request this information we cannot require it nor can we find an <br /> application is `deficient'when it is not submitted. <br /> • Limits the fee local governments can collect for a third party consultant to review <br /> applications for co-locations. <br /> • Mandatory review timelines/deadlines for local governments to act on co-location <br /> applications. <br />