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ORANGE COUNTY <br />BOARD OF COUNTY COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: June 3, 2008 <br />Action Agenda <br />Item No. 4 - g G <br />SUBJECT: Zoning Ordinance Text Amendment: Telecommunication Wireless Facility <br />DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No <br />ATTACHMENTS: (Under Separate Cover) <br />1. CMS Text Changes <br />2. A Resolution and Ordinance to Revise the <br />Orange County Telecommunication Facilities <br />Regulations of the Orange County Zoning <br />Ordinance (strike through and underlined <br />INFORMATION CONTACT: <br />Craig Benedict, Planning Director, 245 2592 <br />Glenn Bowles, Planner II, 245 2577 <br />version) <br />3. Excerpt of Draft 5/7/08 Planning Board <br />Minutes <br />4. Clean Ordinance in Resolution Form <br />PURPOSE: To accept additional evidence, if any; to accept the Planning Board <br />recommendation; to close the public hearing; and to adopt the proposed amendments to four <br />sections/articles of the Orange County Zoning Ordinance concerning the review, approval, and <br />development of telecommunication wireless facilities. <br />BACKGROUND: On April 1, 2008 at the reconvened February 26, 2008 Joint Public Hearing, <br />the BOCC voted to refer this item to the Planning Board for its review and recommendation. <br />The only question or concern posed at the Public Hearing was a concern that the County would <br />still retain the same level of authority it presently possesses regarding the review and control of <br />wireless telecommunication facilities. The answer from the County's telecommunication <br />consultant, The Center .for Municipal Solutions, was that the County would retain. all of its <br />present authority. <br />After the Joint Public Hearing, the consultant provided staff and the County Attorney's office <br />with some additional text changes. These changes are distinguished from the regular <br />underlined text additions by also being in italicized and underlined print. In additions, a copy of <br />the suggested additions is attached for your review. <br />Planning and County Attorney staffs have suggested additional modifications, as they would <br />relate to clarifying the findings of fact for Special Use Permits. <br />Staff has determined that changes made to Chapter 153A of the NC General Statutes during <br />the 2007 legislative session have created a discrepancy between the County's current Zoning <br />Ordinance and State statutes regarding the regulation and approval of wireless <br />telecommunication facilities. <br />