Agenda - 10-15-2013 - 5a - Laserfiche WebLink

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18 1 The Board received the Planning Board recommendation, closed the public hearing, and made a 2 decision on an owner-initiated Zoning Atlas Amendment to rezone a 3.36 acre parcel of property from EDE- 3 1 (Economic Development Eno Lower Intensity) to EDE-2 (Economic Development Eno Higher Intensity) in 4 accordance with the provisions of the Unified Development Ordinance (UDO). 5 Michael Harvey reviewed the maps of the parcel and said the Baldwins have indicated the EDE-2 6 zoning would be more acceptable, and staff has concurred. He referred to the abstract and concerns of 7 impact on properties to the south. He said there will be no impact to this area. He said the planning board 8 has voted unanimously that this is consistent with the comprehensive plan and should be approved. 9 10 A motion was made by Commissioner McKee seconded by Commissioner Pelissier to close the 11 public hearing. 12 13 VOTE: UNANIMOUS 14 15 A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to adopt 16 a. Attachment 3 — Ordinance Amending the Zoning Atlas 17 b. Attachment 5— Statement of Consistency authorizing the zoning atlas amendments as detailed herein. 18 19 VOTE: UNANIMOUS 20 21 b. Approval of Ground Lease Between Orange County and American Towers, LLC 22 The Board considered conducting a public hearing on a potential Ground Lease Agreement with 23 American Towers, LLC, for the purpose of constructing and maintaining a communications tower in 24 northern Orange County; considered approving a Ground Lease Agreement with American Towers, LLC, 25 for the purpose of constructing and maintaining a communications tower in northern Orange County; and 26 contingent on Board approval, authorized the Chair to execute all necessary documents to effectuate the 27 Lease upon final review of the County Attorney. 28 Jeff Thompson reviewed the purpose of the hearing. He reviewed the site locator in the packets. 29 He said this tower with cable is capable of carrying commercial equipment, as well as emergency services 30 assets simultaneously. He referenced materials regarding ATT coverage, as well as balloon test 31 information. He said the lease contemplates a non exclusive easement which will not interfere with the 32 Walnut Grove Solid Waste Convenience Center (SWCC) operations. He said American Towers has 33 completed its site survey and is ready to continue the permit process, subject to this lease approval. 34 Michael Harvey said he is here to give some background on this project. He said the Orange 35 County Unified Development Ordinance (UDO) creates a hierarchy for desired cell tower locations. He said 36 the first in the hierarchy is County owned property. He referenced that telecommunications master plan 37 map and said this map serves as a marketing tool to allow County staff to solicit from private and county 38 owned properties that are in essential locations. 39 He said he is aware of some concerns about this process. He referred to a timeline and said any 40 tower location on County property is subject to administrative approval. He said balloon tests must be 41 conducted, as well as neighborhood information meetings. He said a balloon test was conducted for this 42 site on August 18th, and he was personally present. He said certified letters were sent to neighbors, along 43 with a newspaper article and signs, informing nearby residents of the balloon test; however there were no 44 residents present, other than those who stopped when they saw the balloon. 45 Michael Harvey said once this lease is finalized the applicant will be submitting the final site plan, 46 and Orange County planning staff will complete the remaining environmental review. He said, because of 47 the process of expanding the SWCC, there have already been several environmental studies on this 48 property, and there are not anticipated problems. He noted that ATT had previously looked at a property 49 south of this location, and there were some neighborhood concerns. The County property was then 50 offered, and it was determined that this property would be appropriate. 51 John Roberts gave a review of the lease. He said the property is 1000 square feet, and the lease is 52 for an initial 9 year term and will automatically renew for 6, 5 year terms. He said either party is able to 53 terminate the lease prior to the conclusion of the initial term. He said the monthly fee will be a base fee of 54 $1800 per month, with 3% annual increases. He said ATT will be the anchor tenant on the tower, and there