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DRAFT OC Board of Adjustment – 11/9/15 Page 6 of 156 application as well as a supplemental report that should be in your materials as supplemental 1 evidence item G, and he is here tonight to give his expert testimony that in his opinion the tower 2 will maintain or enhance the property values. The third finding of fact the Board must consider is 3 that the use will be in harmony with the area and in compliance with the development of the 4 County as embodied by the Comprehensive plan. So in terms of the use being in harmony with 5 the area the first main way that it’s in harmony with the area is that the subject property is zoned 6 rural buffer as are the majority of properties in the search area. All of the adjacent properties are 7 zoned rural buffer and therefore the proposed tower would be permited as a special use on all of 8 those properties. North Carolina courts have held that the fact that a use is permitted, even with 9 special conditions, in a zoning district that evidences that the use is in harmony with the area. 10 That’s been held by the North Carolina Supreme Court in Mann Media vs. Randolf County, 11 Woodhouse vs. Town and Nags Head. In addition to being in harmony in the area because it is 12 zoned appropriately for this use, the faciltiy will further be in harmony with the area based on how 13 the facility will be located on the subject property. So it will be set back approximately 1,000-feet 14 from the closest public right of way, Mt. Carmel Church Road. Additionally, the property is 15 currently wooded, heavily wooded. However, if that natural vegetation is ever moved for any 16 reason, for timbering of the property, or a hurricane or tornado comes in and wipes it out, Telecom 17 has agreed to install the Type C 40-foot wide vegetative buffer that is required for Class B special 18 use towers. This is what’s required when a tower is built on a property that isn’t wooded already. 19 So this is what Towercom will agree to install so that it would be in compliance with the ordinance 20 in the event that that vegetation is ever removed. And that has been submitted as part of the 21 application as well. 22 23 Samantha Cabe: Can I stop you one second? Is that one of the conditions that is included on the 24 recommendations? 25 26 Michael Harvey: I’m assuming you’re talking about the findings of fact that came in attachment 3? 27 28 Samantha Cabe: Yes, sir. 29 30 Michael Harvey: The condition is number 2, that existing vegetation be maintained. If something 31 happens to the vegetation, if it is removed for whatever reason, they’re obligated under the 32 ordinance to establish a Class C buffer. Otherwise we revoke their SUP. And the ordinance 33 already mandates that as a condition. 34 35 Samantha Cabe: Ok, thank you. 36 37 Barry Katz: Just to carry on with that, this is a contingent plan? But not something that goes 38 intially, and this vegetation buffer has to be maintained, right? 39 40 Laura Goode: Correct. 41 42 8