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4. October 10, 1996: public hearing before the Planning and Zoning Commission to recommend LDR changes related to communications towers. (Note: no minutes of this meeting are available yet.) Based upon direction given by the Board, a November 13, 1996 workshop on communication towers has been scheduled. Staff has arranged for two experts to attend the workshop: public sector tower planning consultant Ted Krienes and FCC attorney Jeff Steinberg. Staff has also run a public workshop courtesy advertisement in the Press Journal and has invited staff and local officials of other area local governments to attend the workshop. As with the other public meetings on tower issues, staff has also contacted commercial and amateur communications interests regarding the workshop. The goal of the workshop is two -fold. First, it is an opportunity for the Board to learn about potential demands, legal constraints, siting alternatives, design alternatives, and regulatory opportunities relating to communication towers. Second, it is an opportunity for the Board to identify specific communication tower related land use concerns. Based upon the Board's expression of such concerns, staff can then initiate or complete any necessary planning activities or regulation changes. ANALYSIS: As a result of workshops and public meetings, the approach taken to date to address concerns about tower proliferation has been to develop proposed modifications to the county's existing tower regulations. The latest version of proposed tower LDR amendments, based upon recommendations at the October 10th Planning.and Zoning Commission meeting, are provided with attachment, -#3. Despite all of its efforts, the Planning and Zoning Commission has not been able to articulate all of its tower related land use concerns. Although the Commission acted on a set of proposed tower LDR amendments, members still expressed a desire to regulate towers on a case by case basis without specific regulations. Issues/Constraints for the Board to Consider *Legal As with any change to the County's land development regulations, there are legal issues to consider in developing new communications tower regulations. With towers, however, there are even more issues to consider than with general LDR changes. The principal legal consideration with respect to enacting tower regulations in the Telecommunications Act of 1996. Among its other provisions, this act states that local governments: • may not prohibit the provision of personal wireless services; • may not discriminate among providers of functionally equivalent personal wireless services; • must base any denial decision on substantial competent evidence. To be valid and withstand any legal challenges, communications tower regulations must allow a sufficient number of adequately sized towers to meet the industry's needs. In limiting tower location, height, design, or other factors, the Board must establish justifiable standards that address specific issues 3 NOVEMBER 13, 1996 aooK 99 PA�E 8�.