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DRAFT OC Board of Adjustment – 11/9/15 Page 131 of 156 Laura Goode: To supplement that document I would also move into the record the biological 1 assessment that was further done as part of this, just again detailing how the proposed facility will 2 not negatively impact, and identify wildlife, critical habitat, or species in the area. 3 4 Samantha Cabe: And that will Applicant number 7. 5 6 Laura Goode: And additionally, as part of the neighbor process there is a review by the state 7 historic preservation office. We have this letter from the state historic preservation office stating 8 that it will not affect any historic properties in the area. I’ll ask that that be moved into the record 9 as well. And then as a further supplemental piece of evidence to contradict claims that the tower’s 10 not needed, the tower height is not needed, things of that nature that have been argued, we have 11 a letter from T-Mobile who states that they too have a need for a facility in this area that this tower 12 would meet their needs, specifically at a proposed height of 180-feet due to the topography 13 changes in the area. And then I did, just for housekeeping purposes I meant to do this later time 14 but we ran over, I wanted to make sure that the application that’s been entered into the record is 15 the application that has supplemental evidence items A through I, just to double check on that. 16 17 Samantha Cabe: Mine does. 18 19 Laura Goode: Ok. Thank you. 20 21 Samantha Cabe: Thank you. 22 23 James Bryan: Madame Chair, if I could briefly ….. 24 25 Samantha Cabe: Sure. 26 27 James Bryan: So, in your agenda packets its 155, and it’s a table that Michael put together and 28 that cites access standards of the Unified Development Ordinance it’s 5.10.8(b)(4)(d) d is access 29 and it’s got four subparts. So part one is: at a wireless telecommunication support structure site an 30 access road, turn around space, and parking shall be provided to assure adequate emergency 31 service access. Two: maximum use of existing use, whether public or private, shall remain to the 32 extent practical. Three: road construction shall, at all times, minimize ground disturbance and the 33 cutting of vegetation. Four: road grates shall closely follow natural contours to ensure minimal 34 visual disturbance and reduce soil erosion. Those are the four standards that this Board has 35 regarding access. 36 37 Samantha Cabe: And that is the four standards that the applicant has to show in their application 38 so that doesn’t necessarily address the legal access, but they’ve addressed that what they’re 39 planning for their road will have the turnaround, will have the width, will do all of those things, but 40 does not have to address whether or not they can legally put the road where they’re saying they’re 41 going to put it. Is that? I didn’t hear anything in our standards that addressing whether or not they 42 have to have a legal easement before they came to us. 43 44 James Bryan: Right, so there’s two parts I’m supposed to go by. The plan must identify. They 45 cannot vary from the plan, unless they come back to this Board and ask for a change, an 46 amendment. What you can do, I think if it shows access it’s applied that it has to be legal, it can 47 be a condition. Some evidence… I don’t know what they can prove today or what they can prove 48 at subsequent meetings. 49 50 133