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Agenda - 04-01-2014 - 6a
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Agenda - 04-01-2014 - 6a
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BOCC
Date
4/1/2014
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Regular Meeting
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Agenda
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Minutes 04-01-2014
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5 <br /> 1 He said the biggest concern is that the County has a graduated permitting process for <br /> 2 telecommunication facilities. The Board of adjustment reviews towers between 76 and 199 <br /> 3 feet, and the County Commissioners review tower requests of 200 feet or higher, which have <br /> 4 additional setback and lighting requirements. He said the attempt is to guard against someone <br /> 5 coming in with a 199 foot tall existing tower and then elevating it to 209 feet without the County <br /> 6 Commissioners having to review it. He said this is what the language on page 13 does. <br /> 7 Commissioner Dorosin asked for clarification about the thresholds. <br /> 8 Michael Harvey said if you have a 180 feet tower and you add 15 feet to it, this will fall <br /> 9 within the exemption and will not be considered a modification. He said the telecommunications <br /> 10 provider will still have to show compliance with all facets of the County code; however, the <br /> 11 County cannot require a special use permit. <br /> 12 Commissioner Dorosin clarified that the same would be true if someone has a 220 foot <br /> 13 tall tower and wants to go up another 10 percent. <br /> 14 Michael Harvey said this is correct. <br /> 15 Commissioner Dorosin asked if John Roberts feels this is rational and defensible. <br /> 16 John Roberts said that is the planning department's position, and since there is no case <br /> 17 law on this it may be defensible. <br /> 18 Michael Harvey said the County bears the burden of proving that a substantial <br /> 19 modification needs more review. He said it is not an all or nothing issue, and all determinations <br /> 20 are made by staff and are appealable. <br /> 21 Commissioner Dorosin questioned the fact that this is a second public hearing, but the <br /> 22 public cannot speak. <br /> 23 John Roberts said the ordinance states that the second public hearing is for the <br /> 24 planning board recommendation and written comments only. He said the first public hearing is <br /> 25 for oral comments only. <br /> 26 Commissioner Dorosin said it is a bit of a misnomer to call this a public hearing. <br /> 27 <br /> 28 A motion was made by Commissioner McKee, seconded by Commissioner Price to: <br /> 29 <br /> 30 1. Receive the Planning Board's recommendation; <br /> 31 2. Close the public hearing; and <br /> 32 3. Approve the text amendment package contained in Attachment 2. <br /> 33 <br /> 34 VOTE: UNANIMOUS <br /> 35 <br /> 36 Chair Jacobs noted that at agenda review the Board asked staff to let the <br /> 37 Commissioners know about upcoming telecommunication towers even if the towers are not <br /> 38 coming up for review. He said the Board still gets emails and calls from the public about this, <br /> 39 and it is good to be informed to respond. <br /> 40 <br /> 41 <br /> 42 6. Consent Agenda <br /> 43 <br /> 44 Removal of Any Items from Consent Agenda <br /> 45 Items 6-h, 6-i, and 6-j were pulled from the consent agenda for discussion. <br /> 46 <br /> 47 Approval of Remaining Consent Agenda <br /> 48 <br /> 49 A motion was made by Commissioner McKee, seconded by Commissioner Rich to <br /> 50 approve the remaining items on the consent agenda. <br />
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