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Approved 7/8/2013 OC Board of Adjustment – 6/10/2013 Page 7 of 92 Comprehensive Plan. As I mentioned we have met all the specific requirements of the ordinance and 1 that has been the opinion of the county’s consultant, CMS, as well. It is also clear that when a county 2 adopts an ordinance and allows a particular usage, such as a telecommunications tower, to be a 3 special use in a zoning district such as here, the AR zoning district, that creates a presumption or 4 case that the telecommunications use is in harmony with the area in which it will be located so we 5 have by virtue of it being a special use in the ordinance, the telecommunications tower is in harmony 6 with the area. We have provided information in addition to that to show the visibility of the towers will 7 be minimal and it will not be an environmental hazard or a nuisance. Therefore, we have met all 8 specific requirements of the ordinance and all the general requirements for special uses and David 9 Smith who is the appraiser is here to speak briefly. I don’t know if there is any concern or opposition 10 to this application and if not… 11 12 Karen Barrows: How far is this tower going to be from the Caldwell Fire Department? 13 14 Karen Kemerait: I don’t know where the Caldwell Fire Department tower is. 15 16 Karen Barrows: It is not very far. I looked at your legend distance. It is probably a mile and one half. 17 18 Michael Harvey: It is actually two miles. There is no tower on the property. If you will turn to tab 14 19 of the applicant’s packet, we have the telecommunication plan map sites. Orange County has 20 adopted a Master Telecommunication Plan for use as a marketing tool in terms of trying to solicit the 21 use and development in these particular locations. Caldwell Fire Department has indicated their 22 interest but there is no current tower on that site and this site or the proposed site, as we alluded to in 23 our abstract actually addresses a hole that Caldwell can’t. I know AT&T and American Tower looked 24 at the Caldwell site; there still would have been a hole in this particular area of the county. They 25 chose to try to fill that hole recognizing that there could be a tower one day on Caldwell through 26 participation of this administration plan. 27 28 Larry Wright: You talked in terms of co-location on the tower and you spoke in terms of Verizon or 29 some other carrier co-locating on that tower and then in the packet, there is wording to the point that 30 other county agencies, such as emergencies could locate on that tower. Given there is only x amount 31 of room for panels to be installed on that tower, is there any priority to who may be given space on 32 that tower over others? 33 34 Karen Kemerait: We have already committed to providing space on the tower for county purposes 35 and when an application would come from another carrier, it would be considered, to make sure that 36 there would be room for it and be considered in. Jill, is there anything you would like to add? 37 38 Jill House: I am Jill House, I am with American Tower. It is generally our policy to accept the 39 applications on a first come first serve basis. If the county expresses interest and that is a condition 40 of approval certainly space could be allotted to them. 41 42 David Blankfard: Is there any agreement right now for county services on the pole? 43 44 Jill House: Not a blanket agreement. 45 46 Michael Harvey: Let me answer a little bit. The county can’t negotiate or enter into any kind of 47 negotiation with a tower that doesn’t legally have a permit so we have not approached or been 48 approached. We cannot proceed because then obviously it can be argued that we are doing this 49 solely to get the site, which is not the case. There is a condition on page 96 indicating that co-50 location site shall be offered to the County for the placement of an antenna in support of local 51 emergency communication needs. If it is determined that it is not necessary or viable then they have 52 met their obligation under provisions of the special use permit. If it is approved, the county can reject 53