ORD-2013-032 Ordinance amending OC Zoning Atlas - Section 1.2 Alexander Baldwin Parcel

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64 0 - .2 e> 3 '02rie- 9 - 513 6. Public Hearinas a. Baldwin Zoning Atlas Amendment— Public Hearina Closure and Action The Board received the Planning Board recommendation, closed the public hearing, and made a decision on an owner-initiated Zoning Atlas Amendment to rezone a 3.36 acre parcel of property from EDE-1 (Economic Development Eno Lower Intensity) to EDE-2 (Economic Development Eno Higher Intensity) in accordance with the provisions of the Unified Development Ordinance (UDO). Michael Harvey reviewed the maps of the parcel and said the Baldwins have indicated the EDE-2 zoning would be more acceptable, and staff has concurred. He referred to the abstract and concerns of impact on properties to the south. He said there will be no impact to this area. He said the planning board has voted unanimously that this is consistent with the comprehensive plan and should be approved. A motion was made by Commissioner McKee seconded by Commissioner Pelissier to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to adopt a. Attachment 3—Ordinance Amending the Zoning Atlas b. Attachment 5—Statement of Consistency authorizing the zoning atlas amendments as detailed herein. VOTE: UNANIMOUS b. Approval of Ground Lease Between Orange County and American Towers, LLC The Board considered conducting a public hearing on a potential Ground Lease Agreement with American Towers, LLC, for the purpose of constructing and maintaining a communications tower in northern Orange County; considered approving a Ground Lease Agreement with American Towers, LLC, for the purpose of constructing and maintaining a communications tower in northern Orange County; and contingent on Board approval, authorized the Chair to execute all necessary documents to effectuate the Lease upon final review of the County Attorney. Jeff Thompson reviewed the purpose of the hearing. He reviewed the site locator in the packets. He said this tower with cable is capable of carrying commercial equipment, as well as emergency services assets simultaneously. He referenced materials regarding AT&T coverage, as well as balloon test information. He said the lease contemplates a non exclusive easement which will not interfere with the Walnut Grove Solid Waste Convenience Center (SWCC) operations. He said American Towers has completed its site survey and is ready to continue the permit process, subject to this lease approval. Michael Harvey said he is here to give some background on this project. He said the Orange County Unified Development Ordinance (UDO) creates a hierarchy for desired cell tower locations. He said the first in the hierarchy is County owned property. He referenced that telecommunications master plan map and said this map serves as a marketing tool to allow County staff to solicit from private and county owned properties that are in essential locations. He said he is aware of some concerns about this process. He referred to a timeline and said any tower location on County property is subject to administrative approval. He said balloon tests must be conducted, as well as neighborhood information meetings. He said a balloon test was conducted for this site on August 18`h, and he was personally present. He said certified letters were sent to neighbors, along with a newspaper article and signs, informing nearby residents of the balloon test; however there were no residents present, other than those who stopped when they saw the balloon. Michael Harvey said once this lease is finalized the applicant will be submitting the final site plan, and Orange County planning staff will complete the remaining environmental review. He said, because of the process of expanding the SWCC, there have already been several environmental studies on this property, and there are not anticipated problems. He noted that ATT had previously looked at a property south of this location, and there were some neighborhood concerns. The County property was then offered, and it was determined that this property would be appropriate. John Roberts gave a review of the lease. He said the property is 1000 square feet, and the lease is for an initial 9 year term and will automatically renew for 6, 5 year terms. He said either party is able to