Capps | CMI Acquisitions Telecommunications Tower | case no. 19-065

May 15th, 2019

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Benton County Planning Board

Ron Homeyer, Chair

Bob Bracy, Vice Chair

Terry Maienschein, Member

Stephen Torrez, Member

Rick Williams, Member

Ashley Tucker, Member

Sean Collyge, Member

Benton County

Planning Development

1204 SW 14th Street, Ste. 6

Bentonville, AR 72712

Phone: (479) 464-6166

Fax: (479) 464-6170

Email:taylor.reamer@bentoncountyar.gov

TELECOMMUNICATIONS TOWER REVIEW

CAPPS | CMI ACQUISITIONS

PUBLIC HEARING REPORT 22078 UTL HWY 62, GARFIELD AR 72732

EXECUTIVE SUMMARY

The applicant proposes the construction of a new 250-ft. telecommunications self-supported

tower. Additionally, the applicant is requesting two setback (tower height plus 50-ft.) variances

from the adjacent roadway (Hwy 62) and adjacent residences as follows: 243-ft. from Hwy 62 in

lieu of the required 300-ft. and 226-ft. from residence in lieu of the required 300-ft.

The project was tabled, at the request of the applicant, from the May 1st. 2019 meeting to the May

15th, 2019 Public Hearing portion of the Planning Board meeting.

*The applicant has yet provided revised plans.*

Capps | CMI Acquisitions Telecommunications Tower | case no. 19-065

May 15th, 2019

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PROJECT INFORMATION

Land Owner: Charles Capps

Applicant/Operator: CMI Acquisitions – Dave McGehee

Address of subject tower: 22078 UTL Hwy 62, Garfield AR

‘Tower Sits’ on Parcel ID: 18-00305-000

Parcel Size: 11.77 +/- acres

Current Land Use/Status: Residential

Proposed Land Use: New Telecommunications Tower [60-ft. by 60-ft. Lease Area]

Attachments: The following drawings and documents are attached:

1. Location Map

2. Site Graphic

3. Exhibits

PLANNING ANALYSIS

Description of Property and Surrounding Area:

The 11 +/- acre property is located 3 +/- miles east of the Hwy 37 / Hwy 62 intersection in Gateway. The

property is not located in a Benton County MS4 area. The subject property is not located in the FEMA

designated regulatory floodplain.

The immediately surrounding land uses are as follows:

- North: Single Family Residential

- East: Timber

- South: Single Family Residential

- West: Single Family Residential

Background information:

An interdepartmental review form was sent on April 9th, 2019 to the following: Planning Department, Health

Dept., Road Dept., Building Dept., Fire Marshal, GIS Mapping Manager, Benton County Assessor’s Office,

ARDoT and Benton County E-911 Administration.

The Telecommunications Tower Review was therefore scheduled for the April 17th, 2019 Technical

Advisory Committee Meeting with the Benton County Planning Board.

The Telecommunications Tower Review was scheduled for the May 1st, 2019 Technical Advisory

Committee Meeting with the Benton County Planning Board where to Board approved the applicant’s

request to table to project to May 15th, 2019.

Capps | CMI Acquisitions Telecommunications Tower | case no. 19-065

May 15th, 2019

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TECHNICAL REVIEW OF SITE PLAN

Parcel Information:

Site inspection and research against State assessment records indicates the property is an improved

residential parcel with two mobile homes.

Noticing Requirements:

Required: On April 16th, 2019, the applicant submitted USPS certified mail receipts showing that written

notice was sent to surrounding property owners within 0.5-mile regarding the May 1st, 2019 Public Hearing

for the new tower request.

On April 17th, 2019, the applicant submitted the required photographs verifying that the required public

hearing notice signage along the property’s frontage with Highway 62 has been conspicuously posted on

site.

Tower Setback [Road]:

Required: All towers shall be set back from the nearest edge of all roads, as recognized by the County 911

Administration Office with a specific name or number, by at least fifty (50) feet plus the height of the tower.

Comments: The submitted Site Plan details the location of the base of the tower as being approximately

243-ft. in relation to the adjacent roadways (Hwy 62). The applicant has filed a setback variance for

setbacks to roadways as follows: Proposed tower to be located 243-ft. from Highway 62 in lieu of the

required 300-ft. (19% variance).

Tower Setback [Residence]:

Required: Towers subject to this section will be located so that there will be no occupiable residences within

a distance of height of the tower plus fifty (50) feet.

Comments: The submitted Site Plan details the location of the base of the tower as being approximately

226-ft. and 285-ft. in relation to the adjacent on-site residences. The applicant has filed a setback variance

for setbacks to occupiable structures as follows: Proposed tower to be located 226-ft. from the

residence at 22072 Hwy 62) in lieu of the required 300-ft. (24.7% variance).

Preference Co-Location:

Required: All applicants seeking permission to construct one or more towers in Benton County shall

cooperate in co-location of antenna arrays on their towers where feasible. This requirement shall not be

deemed to require applicants to incur unreasonable expense to construct their towers in order to facilitate co-

location.

Comment: The applicant submitted a diagram showing no towers within the 2-mile radius from the proposed

tower site. Additionally, the applicant submitted a cover letter from a Verizon representative stating the

tower and the tower owner will provide locations for additional carriers on the proposed tower.

Mitigation of Visual Impact:

Required: In minimizing any aesthetic problems with a proposed tower or antenna array, applicants agree to

take the following steps:

a. Signage at the site is limited to non-illuminated warning and equipment identification signs.

Capps | CMI Acquisitions Telecommunications Tower | case no. 19-065

May 15th, 2019

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b. Unless specifically required by law or regulatory authority or because there is no technologically

feasible alternative, no tower shall be equipped with strobe lights that operate at night.

Comment: In accordance with the ‘Determination of No Hazard to Air Navigation’ from the Federal

Aviation Administration (FAA). As a condition of the Determination, the structure is to be marked /lit in

accordance with FAA Advisory circular 70/7460-1L.

Precautions Against Excessive Noise:

Required: Equipment used in connection with a tower or antenna array shall not generate noise that can be

heard beyond the site. This prohibition does not apply to air conditioning units no noisier than ordinary

residential units or generators used in emergency situations where the regular power supply for a facility is

temporarily interrupted; provided that any permanently installed generator shall be equipped with a

functional residential muffler.

Comment: Based on notarized application, the applicant ensures compliance with the Precautions Against

Excessive Noise Regulation (Ch. 7, Sec. H, number 5).

Precautions Against Trespassers:

Required: The base of every tower must be surrounded with a fence at least six (6’) feet in height and topped

with either barbed wire or razor wire. The gate for such fence shall be kept locked except when authorized

personnel are working on or around the tower. The fence must be posted with signs warning against trespass

and providing a number to call in case of an emergency. With the exception of towers constructed in such a

way that it is not reasonably practicable to do so, any ladder or other apparatus designed to aid in the

climbing of a tower shall be constructed so that the bottom twelve (12’) feet of such ladder or apparatus in

not readily accessible except when it is in use by construction, maintenance, repair or other authorized

personnel.

Comment: The submitted Site Plan detail the required compound fencing as outlined in Ch. 7, Sec. H,

number 6. The site plans shall be revised to include a compound fencing detail include the razor or

barbed wire requirement.

Tower Illumination:

Required: If required, the tower lighting must conform to the FCC regulations for both day (strobe) and night

(blinking red) lighting at the appropriate locations on the tower.

Comment: The applicant provided a copy of the ‘Determination of No Hazard to Air Navigation’ from the

Federal Aviation Administration (FAA). As a condition of the Determination, the structure is to be marked

/lighted in accordance with FAA Advisory circular 70/7460-1L.

Maintenance of Tower and Facilities:

Required: The applicant shall agree to regularly maintain and keep in a reasonable sage and functional

manner all tower, antenna arrays, fences, and outbuilding owned by the applicant which are located in the

County per Ch. 7, section I.

Required: Based on notarized application, the applicant ensures compliance with the Maintenance of Towers

and Facilities Regulation (Ch. 7, Sec. I) of the Benton County Planning and Development Regulations.

Capps | CMI Acquisitions Telecommunications Tower | case no. 19-065

May 15th, 2019

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Regulatory Compliance:

Required: All towers must meet or exceed current Federal standards and regulations of the FAA, the FCC,

and any other agency of the Federal or state government with the authority to regulate telecommunications

facilities and the construction and specifications thereof. The applicant, by requesting approval of any

telecommunications facility in Benton County, certifies and agrees that no such facility under the Applicant's

control will emit electro-magnetic radiation (EMR) in excess of federal safety and health guidelines as

adopted by any authorized federal regulatory agency.

Comment: The applicant shall submit Federal Communication Commission (FCC) letter of

Determination/Approval of the proposed tower site.

Access Easements/Drives:

Required: The design and construction shall be in accordance with the standards as presented in the Benton

County Road Plan.

Comment: The applicant proposes to utilize a proposed 40’ wide easement extending north from public

ROW (Hwy. 62). The applicant submitted a notarized and recorded copy of the Option and Ground Lease

Agreement between the tower owner/operator and the subject land owners.

Site Services - Drainage/ Stormwater Management Plan:

Required: Applicant is required to indicate on site plan storm drainage infrastructure, and, is to provide an

off-site drainage study. If off-site drainage study indicates an increase in peak flow discharge downstream,

the developer shall construct a detention facility or an alternative LID methodology that shall control the

peak runoff rate. The County also recommends minimizing impervious surface to limit the need for such

facilities.

Comment: The subject property is not located in an MS4 area. The site is not located in a FEMA floodplain.

The project engineer provided a detailed erosion control plan as part of the site plan submittal.

Site Services - Electrical Power Supply:

The applicant shall provide written documentation for electrical service to be utilized at the site.

Site Services - Fire & EMS:

Benton County E-911 Administration verified the addresses as 22078 UTL Highway 62 for the proposed

telecommunication tower facility.

Benton County Fire Marshal has not provided comment on the project proposal.

Opportunity for Public Response:

Required: All landowners of record owning land within 0.5 miles of the base of the tower and all land

owners of record owning property adjacent to the parcel of land on which any proposed tower or major

modification subject to this section is to be placed, must be notified in writing and given a chance to voice

opposition or support for the proposed tower or antenna array at a public meeting.

Comment: On April 16th, 2019, the applicant submitted USPS certified mail receipts showing that written

notice was sent to surrounding property owners within 0.5-mile regarding the May 1st, 2019 Public Hearing

for the new tower request.

Capps | CMI Acquisitions Telecommunications Tower | case no. 19-065

May 15th, 2019

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OUTSTANDING ITEMS:

1. The applicant shall submit Federal Communication Commission (FCC) letter of

Determination/Approval of the proposed tower site.

2. The applicant shall provide written documentation for electrical service to be utilized at the site.

3. The site plans shall be revised to include a compound fencing detail include the razor or barbed wire

requirement.

CONSIDERATIONS FOR THE BOARD:

I. Capps | CMI Acquisitions Telecommunications Structure to Tower Setback Variance:

a. Proposed tower to be located 226-ft. from the residence at 22072 Hwy 62) in lieu of the

required 300-ft. (24.7% variance).

II. Capps | CMI Acquisitions Telecommunications Roadway to Tower Setback Variance:

a. Proposed tower to be located 243-ft. from Highway 62 in lieu of the required 300-ft. (19%

variance).

III. Capps | CMI Acquisitions Telecommunications Tower case no. 19-064 conditioned upon the

following:

a. The site plans shall be revised to include a compound fencing detail include the razor or

barbed wire requirement. b. The applicant shall submit Federal Communication Commission (FCC) letter of

Determination/Approval of the proposed tower site. c. The applicant shall provide written documentation for electrical service to be utilized at the

site.

Prepared by: Taylor Reamer - Planning Director

Reviewed by: Tracy Backs – County Planner

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GATEWAY

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1:30,000 1 in = 2,500 ft

CMI / Capps Telecommunications Towercase no. 19-064

Tower Base Location

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22078 US 62 HWY

22072 US 62 HWY

22151 US 62 HWY

22038 US 62 HWY

HWY 62

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1:1,200 1 in = 100 ft

CMI / Capps Telecommunications Towercase no. 19-064

Tower Base Location

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22078 US 62 HWY

22072 US 62 HWY

22151 US 62 HWY

22038 US 62 HWY

HWY 62

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CMI / Capps Telecommunications Towercase no. 19-064

Tower Base Location

300-ft. buffer

300-ft.

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