STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AGENDA NOVEMBER 4, 2013 7:00 P.M. CALLTO ORDER & WELCOME-CHAIRMAN MCINTYRE INVOCATION-CHAIRMAN MCINTYRE PLEDGE OF ALLEGIANCE APPAOVAL/ADUSIMENTS TO THE AGENDA SCHEDULED AGENDA ITEMS 1. PLANNING & ZONING Presenter: Michael Sandy, Planning Director A. ZA13-06-Rezoning request for American Towers LLC on behalf of Joyce Ann Hartsell Baucom 1. Hold the public hearing 2. Request the Board approve, modify or deny the request B. ZA13-07-Rezoning request for American Towers LLC on behalf of Nancy Carpenter 1. Hold the public hearing 2. Request the Board approve, modify or deny the request Z ZA13-08-Rezoning request for American Towers LLC on behalf of Wade Hinson 1. Hold the public hearing 2. Request the Board approve, modify or deny the request D. SDA13-01-County Planning Board-Text Amendment to modify the Stanly County Subdivision Ordinance, Section 66-72 Curb, Gutter & Sidewalks and Section 66-90 Construction Criteria Point Approval System 1. Hold the public hearing 2. Request the Board approve, modify or deny the request E. Appointment to the Board of Adjustment 2. Tarheel Challenge Academy Special State Grant Funds Presenter: Andy Lucas, County Manager 3. Appointment to the Gaston Community Action, Inc. Presenter: Andy Lucas, County Manager 4. Consent Agenda A. Minutes - Regular meeting of October 21, 2013 PUBLIC COMMENT GENERAL COMMENTS & ANNOUNCEMENTS ADJOURN The next regular meeting will be Monday, November 18*h at 7:00 p.m. NOTICE OF PUBLICHEARING STANLY COUNTY BOARD OF COMMISSIONERS STANLY COUNTY,NORTH CAROLINA Notice is hereby given that the Stanly County Board of Commissioners will, on Monday, November 4th, 2013, at 7:00 p.m., hold a public hearing at The Commons Meeting Room located at 1000 North 1*t Street, Albemarle, North Carolina to consider the following requests: ZA 13-06 American Towers LLC, on behalfo of. Joyce Ann Hartsell Baucom, requests rezoning of al 10,000 square foot portion ofTax Record Number 1563 from RA to RA-TO. Property is ZA 13-07 American Towers LLC, on behalf ofl Nancy Carpenter, requests rezoning of a 10,000 square foot portion ofTax-Record Number 4003 from RA to RA-TO. Property is located at ZA 13-08 American Towers LLC, on behalf Wade Hinson, requests rezoning of a 10,000 square foot portion ofTax Record Number 24846 from RA to RA-TO. Property is located at 14120 SDA1 13-01 Stanly County Planning Board - Text amendment to modify the Stanly County Subdivision Ordinance, Section 66-72 Curb and Gutter and Sidewalks, and Section 66-90 located at 8499 Renee Ford Road. 12449 NC 138 Highway. Travis Road. Construction Criteria Point Approval System. Persons interested in speaking for or against these requests will be heard. JylN BruulH Tyler Bfummitt, Clerk to the Board TO BE PUBLISHED: Thursday, October 24, 2013 Thursday, October 31, 2013 PLEASE SEND INVOICE TO: Michael Sandy, Planning Director Planning & Zoning Department 1000 N. First Street, Suite 13B Albemarle, NC: 28001 SNAP: Received by: 2013. Please fax camera ready copy to 704-986-3617. Stanly County Board of Commissioners Meeting Date: November 4,2013 Presenter: Michael Sandy SIANIY CouNpy x IA Consent Agenda Regular Agenda Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** *PCise equipped with' Windows XP and Microsoft Office XP (including' Word, Excel, andl PowerPoint), Internet connectivity and Network connectivity for ** Ifyoul have need to use the Document Camera and zoom into a particular area, ifpossible please attach a copy oft the document with the areal indiçated that Please Provide al BriefDescription ofyour Presentations format: you need toz zoom into. Al laser light is available top pinpoint your area of projection. *** You can bringi ina al laptop thaty will allow video out tol be connected at the lectern set display to 60Mhz. Countyl Employees. ENAIORACONSDERPD PUBLIC: HEARING PLANNING AND ZONING ZA 13-06 American Towers LLC, on behalf of. Joyce. Ann Hartsel! Baucom, requests rezoning ofa 10,000 square foot portion ofTax Record Number 1563 from RA to RA-TO in order toj place a 195 foot cell tower on the property. Property is located at 8499 Renee Ford Road. Itis requested that the Board of Commissioners approve, modify, or deny this request. Signature: Date: October 15,2013 Dept. Planning & Zoning Attachments: YesX Certificationof4 Actions Board ofCommissioners on Tyler Brummitt, Clerk to thel Board No Approved Yes No Initials Certified to be a true copy oft the action taken by the Stanly County Finance Director County Attorney County Manager Budget Amendment Necessary Date MEMORANDUM TO: Stanly County Board of Commissioners FROM: Michael M. Sandy, AICP, CZO, Planning Directof - DATE: October1 15,2013 RE: ZA 13-06, Rezoning from RA Residential Agricultural to RA/TO Residential Agricultural -Tower Overlay - American Towers requests ai rezoning ofa portion ofa 12.63 acre tract, RECN 1563, owned by. Joyce Ann Hartsell Baucom in order to erect a 195: foot monopole tower on the property. The property is located at 8499 Renee Ford Road, approximately 1450 feet south ofi its intersection with Polk Ford Road. American Towers, and the property owner Joyce Baucom , respectfully request a rezoning of a 100' X 100' section of a 12.63 acre parcel from RA to RA/TO. Under Sec. 614 of the Stanly Zoning Ordinance, approval of this rezoning and the issuance of a telecommunications tower permit would allow the applicant to erect a telecommunications tower to the height allowed by such permit. The permit application states that they intend to erect a 195 foot monopole tower. Staff has reviewed the application and it appears to meet the subjective requirements of the No other towers are in the immediate search area; therefore, co-locating on an existing tower was not an option. The propagation study submitted by the applicant for the tower location shows that with the erection of the tower, the area would be adequately served. The applicant has notified, in writing, property owners within 300 feet of the proposed application for the tower. Adjoining property owners of the site have received notice of this meeting in accordance with state law. The applicant has documentation that the proposed tower location will not seriously injure the values of Section 614.4 of the Zoning Ordinance states that the following factors may be used to evaluate a 1. To protect the view in scenic areas, unique natural features, scenic roadways, etc. 3. The height, design, plaçement, and other characteristics oft the tower can be modified to This site is located approximately 1,300 feet southwest of the intersection of Polk Ford Road and Renee Ford Road, in an open area and should not be clearly visible from the highway. This site ordinance. Adjoining zoning is RA. the adjoining properties. tower for aesthetic reasons: 2. To protect the concentration oft towers in one specific area have al less intrusive visual impact on the county. appears to be an above average site for a monopole tower. Staffrecommends: the following conditions of approval; 1. Public Safety, (State, City, County, etc), shall be permitted to co-locate on this tower at 2. Az zoning permit shall be obtained within six months from the date of the Board of County Commissioners approval to rezone the property and the tower shall be completed and a Certificate of Occupancy obtained within one year from issuance of the zoning no cost. permit. The Planning Board forwards this case to the County Commissioners with a favorable recommendation, in accordance with the 2010 Stanly County Land Use Plan. Stanly County Board of Commissioners Meeting Date: November 4, 2013 Presenter: Michael SIANIY COUNTY xIB Sandy Consent Agenda RegularA Agenda Presentation Equipment: Lectern PC* Lectern VCR L Lectern DVD Document Camera** Laptop*** *PCise equipped with Windows XP and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity for ** Ifyou! have need to use thel Document Camera and: zoomi into a particular area, ifp possible please attach a copy oft the document with the areai indicated that Please Provide: al Brief] Description ofy your Presentations format: you need toz zoom into. AI laser lighti is available to pinpointy your: area ofp projection. *** You can bringi inal laptop that will: allow video out to! be connected at thel lectern- set display to6 60Mhz. County Employees. ITEMTOBE CONSIDERED: PUBLIC HEARING PLANNING AND ZONING ZA1 13-07 American Towers LLC, on behalf ofl Nancy Carpenter, requests rezoning of a 10,000 square foot portion ofTax Record Number 4003 from RA to RA-TO in order to place a 195 foot cell tower on the property. Property is located at 12449 NC 138 Highway. Itis requested that the Board of Commissioners approve, modify, or deny this request. 1Z Signature: Date: October 15, 2013 Dept. Planning & Zoning Attachments: Ar YesX Certification: of Action Board of Commissioners on Tyler Brummitt, Clerk to thel Board No ReviewProcess: Approved Yes No Initials Certified to be at true copy oft the action taken by the Stanly County Finance Director County Attorney County Manager Budget Amendment Necessary Date MEMORANDUM TO: DATE: RE: Stanly County Board of County Commissioners FROM: Michael M. Sandy, AICP, CZO, Planning Director A October 15, 2013 ZA 13-07, Rezoning from RA Residential Agricultural to RA/TO Residential Agricultural -Tower Overlay - American Towers requests ai rezoning of a portion ofa 7.15 acre tract, RECN 4003, owned by Nancy Carpenter in order to erect a 195 foot monopole tower on the property. The property is located at 12449 NC 138 Hwy, approximately 1540 feet north ofi its intersection with Chapel Road. American Towers, and the property owner Nancy Carpenter, respectfully request a rezoning ofa 100' x 100' section ofa 7.16 acre parcel from RA to RA/TO. Under Sec. 614 of the Stanly Zoning Ordinance, approval of this rezoning and the issuance ofat telecommunications tower permit would allow the applicant to erect a telecommunications tower to the height allowed by such permit. The permit application states that they intend to erect a 195 foot monopole tower. Staff has reviewed the application and it appears to meet the subjective requirements of the ordinance. Adjoining No other towers are in the immediate search area; therefore, co-locating on an existing tower was not an option. The propagation study submitted by the applicant for the tower location shows that with the erection of the tower, the area would be adequately served. The applicant has notified, in writing, property owners within 300 feet of the proposed application for the tower. Adjoining property owners of the site have received notice of this meeting in accordance with state law. The applicant has documentation that the proposed tower location will not seriously injure the values of Section 614.4 of the Zoning Ordinance states that the following factors may be used to evaluate a 1. Toj protect the view in scenic areas, unique natural features, scenic roadways, etc. 3. The height, design, placement, and other characteristics oft the tower can be modified to This site is located approximately 1650 feet north of the Chapel Road and NC 138 intersection, in an existing wooded area and may be clearly visible from the highway (NC 138). This site appears zoning is RA. the adjoining properties. tower for aesthetic reasons: 2. Toj protect the concentration of towers in one specific area have a less intrusive visual impact on the county. to be an average site for a monopole tower. Staffrecommends the following conditions ofa approval; 1. Public Safety, (State, City, County, etc), shall be permitted to co-locate on this tower at 2. A zoning permit shall be obtained within six months from the date of the Board of County Commissioners approval to rezone the property and the tower shall be completed and a Certificate of Occupancy obtained within one year from issuance of the zoning no cost. permit. The Planning Board forwards this case to the County Commissioners with a favorable recommendation, in accordance with the 2010 Stanly County Land Use Plan. Stanly County Board of Commissioners STANIN Meeting Date: November 4, 2013 Presenter: Michael Sandy xIC COUNY Consent Agenda' Regular Agenda Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD LJ Document Camera** Laptop*** *PCise equipped with' Windows! XP: and Microsoft Office) XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity for ** Ifyoul have need tou use thel Document Camera and: zoom into a particular area, if possible please attacha a copy ofthe document with the areai indicated that Please Provide al Brief Description of your Presentations format:_ you need toz zoomi into. Alaser lighti is available top pinpointy your area of projection, *** You can bringi ins al laptop that will allow video out tol be connected att the lectern- set display to 60Mhz, County Employees. TENOAKCASIDENED PUBLIC HEARING PLANNING AND ZONING ZA 13-08 American Towers LLC, on behalf Wade Hinson, requests rezoning of a 10,000 square foot portion ofTax Record Number 24846 from RA to RA-TO in order to place a 195 foot cell tower on the property. Property is located at 14120 Travis Road. Itis requested that the Board of Commissioners approve, modify, or deny this request. Signature: Date: October 15,2013 Dept. Planning & Zoning Attachments: YesX CerineationaAction Board of Commissioners on Tyler Brummitt, Clerk to the Board No Review.Process: Approved Yes No Initials Certified to be at true copy oft the action taken by the Stanly Finance Director Budget Amendment Necessary County Attorney County Manager County Date MEMORANDUM TO: Stanly County Board of County Commissioners FROM: Michael M. Sandy, AICP, CZO, Planning Director 6 DATE: October 15, 2013 RE: ZA 13-08, Rezoning from RA Residential Agricultural to RA/TO Residential Agricultural -Tower Overlay - American Towers requests a rezoning ofaj portion ofa 50.66 acre tract, RECN 24846, owned by Wade Elvin Hinson in order to erect a 195 foot monopole tower on the property. The property is located at 14120 Travis Road, approximately 1875 feet Northwest ofits intersection with Hatley Burris Road. American Towers, and the property owner Wade Hinson, respectfully request a rezoning ofa 100' x1 100' section of a 50.66 acre parcel from RA to RA/TO. Under Sec. 614 of the Stanly Zoning Ordinance, approval of this rezoning and the issuance ofa a telecommunications tower permit would allow the applicant to erect a telecommunications tower to the height allowed by such permit. The permit application states that they intend to erect a 195 foot monopole tower. Staff has reviewed the application and it appears to meet the subjective requirements of the ordinance. Adjoining No other towers are in the immediate search area; therefore, co-locating on an existing tower was not an option. The propagation study submitted by the applicant for the tower location shows that with the erection of the tower, the area would be adequately served. The applicant has notified, in writing, property owners within 300 feet of the proposed application for the tower. Adjoining property owners of the site have received notice of this meeting in accordance with state law. The applicant has documentation that the proposed tower location will not seriously injure the values of Section 614.4 of the Zoning Ordinance states that the following factors may be used to evaluate a 1. To protect the view in scenic areas, unique natural features, scenic roadways, etc. 3. The height, design, placement, and other characteristics of the tower can be modified to This site is located approximately 7000 feet from the centerline of NC 24/27, in an existing wooded area and should not be clearly visible from the highway. This site appears to be an above zoning is RA. the adjoining properties. tower for aesthetic reasons: 2. To protect the concentration of towers in one specific area have a less intrusive visual impact on the county. average site for ai monopole tower. Staff recommends the following conditions of approval; 1. Public Safety, (State, City, County, etc), shall be permitted to co-locate on this tower at 2. A zoning permit shall be obtained within six months from the date of the Board of County Commissioners approval to rezone the property and the tower shall be completed and a Certificate of Occupancy obtained within one year from issuance of the zoning no cost. permit. The Planning Board forwards this case to the County Commissioners with a favorable recommendation, in accordance with the 2010 Stanly County Land Use Plan. Stanly County Board of Commissioners Meeting Date: November 4, 2013 Presenter: X ID STANIN COINgY Michael Sandy Consent Agenda Regular Agenda Presentation Equipment: Lectern PC* DL Lectern VÇR Lectern DVD Document Camera** Laptop*** PCise equipped with Windows! XP and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity for ** Ifyoul have need to use thel Document Camera and: zoomi into a particular area, ifpossible please attach: a copy of the document with the areai indicated that Please Provide al Brief] Description ofy your Presentations format:_ you need toz zoom into. A laserl light iss available top pinpointy your area of projection. *** You can bring ina al laptop thaty wills allow video out to! be connected at the! lectern- set display to 60Mhz. Countyl Employees. TEMTOBEGONSIDERDDA PUBLIC HEARING PLANNING AND ZONING SDA 13-01 County Planning Board - Text amendment to modify the Stanly County Subdivision Ordinance, Section 66-72 Curb and Gutter and Sidewalks, and Section 66-90 Construction Criteria Point Approval System. Itis requested that the Board of Commissioners approve, modify, or deny this request. Signature: Date: October 15,2013 Dept. Planning & Zoning Attachments: YesX Certification: ofAction Board of Commissioners on Tyler Brummitt, Clerk to thel Board No ReviewProcesss Approved Yes No Initials Finance Director County Attorney County Manager Certified to be at true copy oft the action taken by the Stanly County Budget Amendment Necessary Date MEMORANDUM To: Stanly County Board of County Commissioners From: Michael M. Sandy, AICP, CZO, Planning Date: October 15, 2013 Ra SDA 13-01 County Planning Board - Text amendment to modify the Stanly County Subdivision Ordinance, Section 66-72 Curb and Gutter and Sidewalks, and Section 66-90 Construction Criteria Point Approval System. The Planning Board recommends the 1) Remove all the language in Section 66-72 Curb and Gutter and Sidewalks and add the Sidewalks are at the option ofthe developer and any horizontal portion of curb & gutter is 2) Add the following language to Section 66-90 Construction criteria point approval following modifications to the subdivision ordinance: following language: counted into the pavement width. system: 2-SidedSidewalks Engineered. Storm Drainage Curb and Guttering Home Owners Association 20 20 25 10 Per ADA requirements on both sides Standing or Valley type Recorded and Enforced Designed and approved underground storm drainage Inability of smaller major subdivisions, without the benefit of water and sewer, to meet the existing requirements has caused the Planning Board to study and recommend this proposed amendment to the subdivision ordinance, in accordance with the Stanly County Land Use Plan. County of Stanly 10001 N. First Street Albemarle. North Carolina 28001 A RESOLUTION TO. AMEND THE SUBDIVISION ORDINANCE OF STANLY COUNTY Inp pursuance of authority conferred by G.S. 153A-330, as amended, and for the purpose of providing for the orderly growth and development of the county; for the coordination of transportation networks and utilities within proposed subdivisions with existing or planned streets and highways and with other public facilities; for the dedication or reservation of recreation areas serving residents of the immediate neighborhood within the subdivision and of rights-of-way or easements for street and utility purposes including the dedication of rights-of- way pursuant to G.S. 136-66.10 or G.S. 136-66.11; and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding and will create conditions that BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF STANLY THAT THE OFFICIAL SUBDIVISION ORDINANCE OF STANLY COUNTY, substantially promote public health, safety, and the general welfare. NORTH CAROLINA, BE. AMENDED AS FOLLOWS: TEXT AMENDMENT SDA 13-01 Amend Section 66-72 Curb and Gutter and Sidewalks by removing all the language in Section Sidewalks are at the option of the developer and any horizontal portion of curb & gutter is Amend Section 66-90 Construction Criteria Point Approval System by adding the following: 66-72 and replacing it with the following language: counted into the pavement width. 2-S Sided Sidewalks Engineered Storm Drainage Curb and Guttering Home Owners Association 20 20 25 10 Per ADA requirements on both sides Designed and approved underground storm drainage Standing or Valley type Recorded and Enforced WHEREAS, the Planning Board made a recommendation that the above-mentioned text WHEREAS, a public hearing on the question of amending of the Subdivision Ordinance of Stanly County was held by the Board of Commissioners of the County of Stanly, after due notice amendment be adopted. and advertisement thereof, ati its regular meeting on November 4, 2013. County of Stanly 1000 N. First Street Albemarle. North Carolina 28001 NOW THEREFORE, BE IT ORDAINED by the Board of Commissioners of the County of Stanly, North Carolina as follows: That said amendment shall be effective immediately upon its passage. Tyler Brummitt, Clerk to the Board Date Approved Stanly County Planning Board October 14, 2013 - Meeting Minutes Call to Order Vice Chairman Burleson called the meeting to order on October 14, 2013, at 7:00 p.m. in the Commons Meeting Room at 10001 N First Street, Albemarle, North Carolina. Stanly County Planning Board Members Attending Billy Franklin Lee Robert Loflin Robert Davis Terry Smith Joseph Burleson Brenda Hunter Marvin Smith Planning Board Members Absent: Stanly County Planning Staff Aendi, Michael Sandy, Planning Director Linda Evans, Planner II Others Present: List 14, 2013, minutes. Vice Chairman Burleson asked ifthere were any corrections to the September 9, 2013, minutes, Motion: Robert Loflin made a motion to approve the September 9, 2013, meeting minutes as Hearing none, he asked for a motion. written. Second: Terry Smith seconded the motion. Action: The Board unanimously approved this motion. Vice Chairman Burleson called the first item on the agenda and asked Michael Sandy to present the case. ZA 13-06 Rezoning from RA Residential Agricultural to RA/TO Residential Agricultural -Tower Overlay - American Towers requests ai rezoning ofa 100' X 100' portion of al 12.63 acre tract, tax record number 1563, owned by Joyce Ann Hartsell Baucom, in order to erect a 195 foot monopole tower on the property. The property is located at 8499 Renee Ford Road, approximately 1450 feet south ofits intersection with Polk Ford Road. Under Sec. 614 of the Stanly Zoning Ordinance, approval ofthis rezoning and thei issuance ofa a telecommunications tower permit would allow the applicant to erect at eleommunications tower to the height allowed by such permit. Staffhas reviewed the application and it appears to meet the subjective requirements oft the ordinance. Adjoining zoning is RA. No other towers are ini the immediate search area; therefore, co-locating on an existing tower was not an option. The propagation study submitted by the applicant for the tower location shows that with the erection of the tower, the area would be adequately served. The applicant has notified, in writing, property owners within 300 feet of the proposed application for the tower. Adjoining property owners ofthe site have received notice of this meeting in accordance with state law. The applicant has documentation that the proposed tower location will not seriously injure the values oft the adjoining properties. Section 614.4 ofthe Zoning Ordinance states that the following factors may be used to evaluate a tower for aesthetic reasons: To protect the view in scenic areas, unique natural features, scenic roadways, etc., and to protect the concentration of towers in one specific area, the height, design, placement, and other characteristics of the tower can be modified tol have a less intrusive visual This site is located approximately 1,300 feet southwewoi intersection of Polk Ford Road and Renee Ford Road, in an open area and should not clearlyigible: from the highway. This site Staff recommends the following comditiopofepal: Public Safety, (State, City, County, within six months from the date of th-Boanv County Commissioners approval to rezone the property and the tower shall be pleda an a Certificate of Occupancy obtained within one Vice Chairman Burleson Cimyhoy wished to speak regarding this case to come Brian T. Pearce came forward and stated that he represents American Towers, LLC. He stated that he had followed the required procedures for filing an application for plaçement ofa 195 foot monopole communications tower on the subject site. He stated that hel had sent letters to adjacent property owners regarding placement ofthe tower and notified them of certain tests to be performed. He stated he had received no complaints and that he would be happy to answer Robert Loflin asked staffifa any complaints were received regarding this request. Staffanswered that it had received a few phone calls inquiring about the zoning sign but no complaints. impact on the county. appears to be an above average site for a monopcetoyer. etc), shall be permitted to co-locate on this year from issuance of the zoning pn ho cost; a zoning permit shall be obtained forward. any questions. Vice Chairman Burleson asked ifhe could hear a Motion. Commissioners with a recommendation to approve. ZA 13-06. Second: Robert Loflin seconded the motion. Action: The Board voted unanimously to approve the motion. Motion: Billy Franklin Lee made ai motion to send this case to the Board of County 2 Viçe Chairman Burleson called the next item on the agenda and asked Michael Sandy to present the case. ZA 13-07 Rezoning from RA Residential Agricultural to RA/TO Residential Agricultural -Tower Overlay - American Towers requests a rezoning ofa 100' X 100' portion of a7.15 acre tract, tax record number 4003, owned by Nancy Carpenter, in order to erect a 195 foot monopole tower on the property. Thej property is located at 12449 NC 138 Hwy, approximately 1540 feet north ofi its intersection with Chapel Road. Under Sec. 614 ofthe Stanly Zoning Ordinance, approval of this rezoning and the issuance ofat elecommunications tower permit would allow the applicant to erect a telecommunications tower to the height allowed by such permit. Staff has reviewed the application and it appears to meet the subjective requirements of the ordinance. Adjoining zoning is RA. No other towers are ini the immediate search area; therefore, co-locating on an existing tower was not an option. The propagation study submitted by the applicant for the tower location shows that with the erection of the tower, the area would be adequately served. The applicant has notified, in writing, property owners within 300: feet of the proposed application for the tower. djoining property owners oft the site have received notice of this meeting in accordance with atelaw. The applicant has documentation that the proposed tower location willpot seusly injure the values oft the adjoining properties. Section 614.4 ofthe Zoning Ordinance states that following factors may be used to evaluate a roadways, etc., and to protect the consentatl/ters: in one specific area, the height, design, tower for aesthetic reasons: To protect the placement, and other characteristics impact on the county. scèc areas, unique natural features, scenic tovrcanl be modified tol have a less intrusive visual This site is located approxi aler 6feet north of the Chapel Road and NC 138 intersection, in an existing wooded arand m. bec clearly visible from the highway (NC 138). This site Staff recommends the following conditions of approval: Public Safety, (State, City, County, etc), shall be permitted to co-locate on this tower at no cost; a zoning permit shall be obtained within six months from the date of the Board of County Commissioners approval to rezone the property and the tower shall be completed and a Certificate of Occupancy obtained within one Vice Chairman Burleson anyone who wished to speak regarding this case to come forward. Brian T. Pearce came forward and stated that he represents American Towers, LLC. He stated that he had followed the required procedures for filing an application for placement ofa 195 foot monopole communications tower on the subject site. He stated that he had sent letters to adjacent property owners regarding placement of the tower and notified them of certain tests to be performed. He stated he had received no complaints and that he would be happy to answer Robert Loflin asked staff any complaints were received about this request. Staff answered no. appears to be an average sit-raybnopole tower. year from issuance ofthe zoning permit. any questions. 3 Vice Chairman Burleson asked for a motion. with a recommendation to approve ZA 13-07. Second: Robert Davis seconded the motion. Motion: Robert Loflin made a motion to send this case to the Board ofCounty Commissioners Action: The Board voted unanimously to approve the motion. Vice Chairman Burleson called the next item on the agenda and asked Michael Sandy to present the case. ZA 13-08, Rezoning from RA (Residential Agricultural) to RA/TO (Residential Agricultural -Tower Overlay) - American Towers requests a rezoning ofa 100' X 100' portion ofa 50.66, tax record number 24846, owned by Wade Elvin Hinson, in order to erect a 195 foot monopole tower on the property which is located at 14120 Travis Road, Approximately 1875 feet northwest ofits intersection with Hatley-Burris Road. Under Sec. 614 ofthe Stanly Zoning Ordinance, approval oft this rezoning and the issuance ofyplecommunications tower permit would allow the applicant to erect a elcommunicatioyAuer to the height allowed by such permit. Staff has reviewed the application and it appearstoeet the subjective requirements of the ordinance. Adjoining zoning is RA. No otheyowers are Mthe immediate search area; therefore, co-locating on an existing tower was Mapption. The propagation study submitted by the applicant for the tower location shows that wthe erection oft the tower, the area would the proposed application for the tower.Adjo vBpperty owners of the site have received notice oft this meeting in acconamym.w. The applicant has documentation that the Section 614.4 oft the Zoninyrces: that the following factors may be used to evaluate a tower for aesthetic reasonTop prottthe view in scenic areas, unique natural features, scenic roadways, etc., and to prot-begcentation oft towers in one specific area, the height, design, placement, and other charactelysofthet tower can be modified to have a less intrusive visual This site is located approximately 7000 feet from the centerline of NC 24/27, in an existing wooded area and should not be clearly visible from the highway. This site appears to be an Staff recommends the following conditions of approval: Public Safety, (State, City, County, etc), shall be permitted to co-locate on this tower at no cost; a zoning permit shall be obtained within six months from the date of the Board of County Commissioners approval to rezone the property and the tower shall be completed and a Certificate of Occupancy obtained within one Vice Chairman Burleson anyone who wished to speak regarding this case to come forward. Brian T. Pearce came forward and stated that he represents American Towers, LLC. He stated that he had followed the required procedures for filing an application for placement ofa 195 foot be adequately served. The applicant has no proposed tower location will not