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Approved 3113117 <br />1 application as well as a supplemental report that should be in your materials as supplemental <br />2 evidence item G, and he is here tonight to give his expert testimony that in his opinion the tower <br />3 will maintain or enhance the property values. The third finding of fact the Board must consider is <br />4 that the use will be in harmony with the area and in compliance with the development of the <br />5 County as embodied by the Comprehensive plan. So in terms of the use being in harmony with <br />6 the area the first main way that it's in harmony with the area is that the subject property is zoned <br />7 rural buffer as are the majority of properties in the search area. All of the adjacent properties are <br />8 zoned rural buffer and therefore the proposed tower would be permited as a special use on all of <br />9 those properties. North Carolina courts have held that the fact that a use is permitted, even with <br />10 special conditions, in a zoning district that evidences that the use is in harmony with the area. <br />11 That's been held by the North Carolina Supreme Court in Mann Media vs. Randolf County, <br />12 Woodhouse vs. Town and Nags Head. In addition to being in harmony in the area because it is <br />13 zoned appropriately for this use, the faciltiy will further be in harmony with the area based on how <br />14 the facility will be located on the subject property. So it will be set back approximately 1,000 -feet <br />15 from the closest public right of way, Mt. Carmel Church Road. Additionally, the property is <br />16 currently wooded, heavily wooded. However, if that natural vegetation is ever moved for any <br />17 reason, for timbering of the property, or a hurricane or tornado comes in and wipes it out, Telecom <br />18 has agreed to install the Type C 40 -foot wide vegetative buffer that is required for Class B special <br />19 use towers. This is what's required when a tower is built on a property that isn't wooded already. <br />20 So this is what Towercom will agree to install so that it would be in compliance with the ordinance <br />21 in the event that that vegetation is ever removed. And that has been submitted as part of the <br />22 application as well. <br />23 <br />24, Samantha Cabe: Can I stop you one second? Is that one of the conditions that is included on the <br />25 recommendations? <br />26 <br />27 Michael Harvey: I'm assuming you're talking about the findings of fact that came in attachment 3? <br />28 <br />29 Samantha Cabe: Yes, sir. <br />30 <br />31 Michael Harvey: The condition is number 2, that existing vegetation be maintained. If something <br />32 happens to the vegetation, if it is removed for whatever reason, they're obligated under the <br />33 ordinance to establish a Class C buffer. Otherwise we revoke their SUP. And the ordinance <br />34 already mandates that as a condition. <br />35 <br />36 Samantha Cabe: Ok, thank you. <br />37 <br />38 Barry Katz: Just to carry on with that, this is a contingent plan? But not something that goes <br />39 intially, and this vegetation buffer has to be maintained, right? <br />40 <br />41 Laura Goode: Correct. <br />42 <br />OC Board of Adjustment — 12/12/16 Page 6 of 156 <br />