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Agenda - 10-19-1999 - 8h
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Agenda - 10-19-1999 - 8h
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10/21/2008 12:41:58 PM
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10/21/2008 12:40:40 PM
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BOCC
Date
10/19/1999
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
8h
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Minutes - 19991019
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\Board of County Commissioners\Minutes - Approved\1990's\1999
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16 <br />The Board heard evidence from Gary Phillips, a real <br />estate consultant and land planner, who testified on the <br />issue of maintaining property values and on the issue of <br />harmony with the area where the special use is proposed <br />to be located. Phillips testified that both the <br />Smathers and Morgan studies were seriously flawed, and <br />only served to demonstrate that all property values in <br />the area have risen in the past few years,. Phillips <br />also stated that he had experience with selling lots in <br />the vicinity of a tower in the Ode Turner Road area near <br />Hillsborough, and that that tower had made it difficult <br />to sell those lots around the tower. The prices for the <br />lots closer to that tower were 25-300 lower than the <br />prices for lots away from the tower. He testified that, <br />in his opinion, American Towers had failed to show that <br />it complied with all of the requirements of the Orange <br />County Zoning Ordinance; American Towers' evidence did <br />not prove that its proposed tower use would maintain or <br />enhance the value of the contiguous property; and had <br />failed to provide evidence that it would be in harmony <br />with the area in which it would be located. [Record, 2- <br />13.] <br />After hearing all of the evidence submitted by both the <br />applicant and those in opposition to the tower, on this <br />issue, the Board finds that the tower will not maintain <br />or enhance the value of contiguous properties. <br />12. Article 8.2.1 of the Orange County- Zoning Ordinance <br />requires that an applicant for a special use permit <br />demonstrate that the location and character of the use, <br />if developed according to.the plan submitted, will be in <br />harmony with the area in which it is to be located and <br />the u.se is in compliance with the general plan for the <br />`physical development of the County as embodied in these <br />regulations or in the Comprehensive Plan, or portion <br />thereof, adopted by the Board of County Commissioners. <br />The Board finds that that tower is to be located next to. <br />a non-residential use (stone quarry) , and that the site <br />is heavily wooded. The Board further finds that the <br />Orange County Comprehensive Plan does not `speak to <br />cellular (telecommunications) towers. <br />Based on the foregoing findings of fact the' Board of <br />Commissioners of Orange County concludes as a matter of law that <br />the applicant, ( American Towers, Inc. d/b/a Gearon <br />Communications, failed to satisfy the requirements of Orange <br />12 <br />
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