` <br />Assisting more than 800 communities in 34 states for more than 2 Decades <br />Specializing in Regulating Towers & Wireless Facilities <br />The largest & most experienced organization of its kind in the nation <br />3113BC.WF,NC27587 <br /> ILLIARD T AKE OREST ORTH AROLINA <br />E-Mail: Lmonroe8@nc.rr.com <br />Office (91)9 266-5990 Mobile (518) 573-8842 <br /> <br />Web Site: www.telecomsol.com <br />Sent as Attachment to E-Mail this date <br /> <br /> May 11, 2015 <br />Mr. Nick Gioello, Associate Planner <br />Planning & Development Re: Response to Applicant’s <br />City of Eugene Comments to CMS Report <br />99 West 10th Avenue <br />Eugene Oregon 97401 <br /> <br />Dear Nick: <br /> <br />CMS has been asked by the City of Eugene’s Planning Department to comment on the response of the <br />applicant to the CMS report dated April 16, 2015 re an application by Lexcom Development on behalf of <br />New Cingular Wireless PCS (AT&T) for a 75’ tall tower located at 4060 West Amazon Drive, Eugene, <br />Oregon. <br /> <br />The Planning Department’s request was to expressly deal only with key issues and issues related to the <br />City’s ordinance and not to do a paragraph by paragraph response. We agree and will limit this response <br />to matters of compliance based on the information provided to CMS and answers to key issue-related <br />questions. Thus, these comments will not deal with any of the subjective issues or the other comments, <br />assertions or aspects of the response of the applicant dated May 4, 2015, nor will we engage in a debate <br />over law or the interpretation of law. While we deal with the applicable law every day, in the context of <br />this, we believe that at this point in the process that is more appropriately the prevue of attorneys <br />licensed to practice law in the State of Oregon. <br /> <br /> <br />Compliance with specific portions of the City’s Code (at Section 9.5750). <br /> <br />The following Section 9.5750(1) sets forth clearly and concisely the City’s policies, goals and intent. <br /> <br />9.5750 Telecommunication Devices-Siting Requirements and Procedures. <br /> <br />(1) Purpose. <br /> The provisions of this section are intended to ensure that telecommunication <br />facilities are located, installed, maintained and removed in a manner that: <br />(a) Minimizes the number of transmission towers throughout the community <br />(emphasis added); <br />(b) Encourages the collocation of telecommunication facilities; <br />(c) Encourages the use of existing buildings, light or utility poles or water towers as <br />opposed to construction of new telecommunication towers; <br />(d) Recognizes the need of telecommunication providers to build out their systems <br />over time; and <br />(e) Ensures that all telecommunication facilities, including towers, antennas, and <br />ancillary facilities are located and designed to minimize the visual impact on the <br />immediate surroundings and throughout the community, and minimize public <br />inconvenience and disruption. Nothing in this section shall apply to amateur radio <br />antennas, or facilities used exclusively for the transmission of television and radio <br />signals. <br />1 <br /> <br />