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Board of Zoning Appeals

Regular Meeting

Murfreesboro, TN · August 25, 2021

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Minutes

MURFREESBORO BOARD OF ZONING APPEALS MINUTES August 25, 2021 Page 1 MINUTES OF THE CITY OF MURFREESBORO BOARD OF ZONING APPEALS City Hall, 111 W. Vine Street, Council Chambers August 25, 2021, 1:00 PM Members Present: Staff Present: Davis Young, Chair Marina Rush, Principal Planner Ken Halliburton, Vice-Chair Matthew Blomeley, Assistant Planning Director Julie King Greg McKnight, Planning Director Tim Tipps Joel Aguilera, Planner Misty Foy Amelia Kerr, Planner Roman Hankins, Assistant City Attorney Serena Harris, Recording Assistant 1. Call to order: Chair Young called the meeting to order at 1:00 pm. 2. Determination of a quorum: Chair Young determined that a quorum was present. 3. Consideration of Minutes: With there being no objection by any of the Board members, the minutes of the July 28, 2021 BZA meeting were approved as submitted. 4. New Business: a. Zoning application [2021-023] for Dish Wireless, requesting an amendment to a special use permit that was approved on October 24, 2018 allowing the establishment of a wireless telecommunication facility. A condition was placed on the special use permit that applicants shall use conceal wrap material around the antennas to help the aesthetics of the facility. The applicant seeks an amendment of the original special use permit to eliminate the condition of approval requiring the conceal wrap material. Property is zoned Commercial Highway (CH), located at 1631-1633 Northwest Broad Street. (Project Planner: Amelia Kerr): Amelia Kerr presented the Staff Comments regarding this item, a copy of which is maintained in the permanent files of the Planning Department and is incorporated into these minutes by reference. MURFREESBORO BOARD OF ZONING APPEALS MINUTES August 25, 2021 Page 2 Vice-Chair Halliburton requested images of existing site and clarification of stealth towers, including the proposed monopole and antenna setup. Ms. Kerr Addressed Vice-Chair Halliburton’s questions. Chair Young requested clarification of responsibility for maintenance of landscape buffer. Mr. Matthew Blomeley addressed Chair Young’s questions. Ms. Julie King and Vice-Chair Halliburton inquired about the history of concealment wrap requirements for this project. Ms. Kerr and Mr. Blomeley addressed the Board’s questions. Chair Young opened the public hearing. There being no one else to speak for or against the request, Chair Young closed the public hearing. There being no further discussion, Misty Foy moved to approve the special use permit application subject to all staff recommendations; The motion was seconded by Tim Tipps and carried by the following vote: Aye: Tim Tipps Julie King Misty Foy Vice-Chair Ken Halliburton Chair Davis Young Nay: None 5. Staff Reports and Other Business: None. 6. Adjourn. There being no further business, Chair Young adjourned the meeting at 1:14 p.m.

Agenda

CITY OF MURFREESBORO BOARD OF ZONING APPEALS Regular Meeting, August 25, 2021, at 1:00 p.m. City Hall, 111 West Vine Street, Council Chambers, 1st Floor AGENDA 1. Call to order 2. Determination of a quorum 3. Consideration of minutes a. Minutes for the regular meeting on July 28, 2021 4. New Business Special Use Permit Amendment Request a. Application Z-21-023 by Jennifer Dokos, for Dish Wireless, is requesting an amendment to a special use permit that was approved on October 24, 2018 allowing the establishment of a wireless telecommunication facility in a Commercial Highway (CH) zone for property located at 1631-1633 Northwest Broad Street. A condition was placed on the special use permit that applicants shall use conceal wrap material around the antennas to help the aesthetics of the facility. The applicant seeks an amendment of the original special use permit in order to eliminate the condition of approval requiring the conceal wrap material. (Project Planner: Amelia Kerr) 5. Staff Reports and Other Business 6. Adjourn 1 MINUTES OF THE CITY OF MURFREESBORO BOARD OF ZONING APPEALS City Hall, 111 W. Vine Street, Council Chambers JULY 28, 2021, 1:00 PM Members Present: Staff Present: Davis Young, Chair Marina Rush, Principal Planner Julie King Matthew Blomeley, Assistant Planning Director Tim Tipps Joel Aguilera, Planner Ken Halliburton, Vice-Chair Amelia Kerr, Planner Roman Hankins, Assistant City Attorney Serena Harris, Recording Assistant 1. Call to order: Chair Young called the meeting to order at 1:03 pm. 2. Determination of a quorum: Chair Young determined that a quorum was present. 3. Consideration of Minutes: With there being no objection by any of the Board members, the minutes of the March 24, April 28, and June 23 BZA meetings were approved as submitted. 4. New Business: a. Zoning application [2021-022] for Tax Map 093M, Group B, portion of Parcel 02600, requesting a variance from the required 42-foot front yard setback along Malachite Drive to allow a 20-foot setback. Property is zoned Commercial Highway (CH), located along southwest corner of Franklin Road and Covenant Road. (Project Planner: Marina Rush): Marina Rush presented the Staff Comments regarding this item, a copy of which is maintained in the permanent files of the Planning Department and is incorporated into these minutes by reference. Tim Tipps inquired about other comparable properties with three road frontages and also how this property was impacted by the existing stormwater pond. Marina Rush addressed Mr. Tipps’ questions. Vice-Chair Halliburton asked what the rear setback would be if there were no road along the rear of the lot. MURFREESBORO BOARD OF ZONING APPEALS MINUTES July 28, 2021 Page 2 Marina Rush answered that the rear setback would be twenty feet. Julie King questioned why this commercial variance should be considered differently than similar residential variance requests, when homeowners have been historically denied for similar requests. Marina Rush contrasted that most residential homes are of comparable size within an individual neighborhood; whereas commercial properties have varied uses, lot sizes, and building sizes making it difficult to make a comparison. Ms. Rush added that typically the ones that are denied are requests for larger homes that aren’t comparable to neighborhood homes. Chair Young inquired about the placement of Malachite Drive and why a smaller store footprint would not be acceptable. Marina Rush reviewed road access and confirmed that the plan would work with the smaller building footprint. Kelly Hiett with CESO, Inc. 2126 Centerview Road, Suite 150, Brentwood, TN 37024 came forward to present why she thinks there is a hardship and how without this variance the growth of the store will be hindered. Vice-Chair Halliburton inquired about whether this site is overparked. Ms. Hiett said that there are 90 parking spaces proposed, though Aldi’s standard for a store this size is 95. Chair Young opened the public hearing. Bruce Kirk of Swanson Developments (1188 Park Avenue) came forward to support the request of the applicant. There being no one else to speak for or against the request, Chair Young closed the public hearing. The Board discussed the merits of this variance request. Roman Hankins commented that either for the granting or denial of a variance, the BZA has to provide written findings of fact, stating which elements are or are not proven by preponderance of the evidence. There being no further discussion, Julie King moved to deny the variance application based on the fact that the applicant failed to meet the standards required by the Zoning Ordinance; The motion was seconded by Chair Young, and the motion was denied by the following vote: Aye: Julie King MURFREESBORO BOARD OF ZONING APPEALS MINUTES July 28, 2021 Page 3 Ken Halliburton Davis Young Nay: Tim Tipps A copy of the Board Action on Application for Variance is appended hereto. Tim Tipps inquired if the Chair can second a motion. Roman Hankins clarified that the BZA Rules and Procedures allow the Chair to second motions. b. Zoning application [2021-021] for Tax Map 092, Parcel 46.01, requesting a special use permit in accordance with the City of Murfreesboro Zoning Ordinance, Chart 1, to construct a public building for State of Tennessee DMV and Rutherford County Register’s satellite offices. Property is zoned Residential Single Family (RS-15), located at the northwest corner of Blaze Drive and Fortress Boulevard. (Project Planner: Amelia Kerr) Marina Rush, on behalf of Amelia Kerr, presented the Staff Comments regarding this item, a copy of which is maintained in the permanent files of the Planning Department and is incorporated into these minutes by reference. Vice-Chair Halliburton inquired about the services of this location, including the drive- thru window. Ms. Rush and Mike Hughes with Rutherford County Engineering Department came forward to offer clarification on the project. Chair Young opened the public hearing. There being no one else to speak for or against the request, Chair Young closed the public hearing. There being no further discussion, Ken Halliburton moved to approve the special use permit application subject to all staff recommendations; The motion was seconded by Tim Tipps and carried by the following vote: Aye: Tim Tipps Julie King Ken Halliburton Chair Davis Young Nay: None MURFREESBORO BOARD OF ZONING APPEALS MINUTES July 28, 2021 Page 4 5. Staff Reports and Other Business: a. Marina Rush proposed a training session to review the BZA standards, processes & procedures within the next two months. 6. Adjourn. There being no further business, Chair Young adjourned the meeting at 1:46 p.m. _____________________________ _______________________________ CHAIRMAN SECRETARY MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS AUGUST 25, 2021 PROJECT PLANNER: AMELIA KERR Application: Z-21-023 Address: 1631-1633 Northwest Broad Street Applicant: Ms. Jennifer Dokos, for Dish Wireless Zoning: Commercial Highway (CH) Request: An amendment to a special use permit that was approved on October 24, 2018 allowing the establishment of a wireless telecommunication facility in a Commercial Highway (CH) zone for property located at 1631-1633 Northwest Broad Street. A condition was placed on the special use permit that applicants shall use conceal wrap material around the antennas to help the aesthetics of the facility. The applicant seeks an amendment of the original special use permit in order to eliminate the condition of approval requiring the conceal wrap material. Special Use Permit Request Overview The subject property is identified as 1631-1633 Northwest Broad Street and is located north of West Northfield Boulevard. The property is a rectangular shaped lot, and the current tenant in the commercial building is Avis/Budget Car and Truck Rental. The telecommunication facility is in the rear of the lot towards the west property line. Pursuant to Chart 1 of the Zoning Ordinance, telephone or telegraph facilities in the Commercial Highway (CH) zoning district require approval of a special use permit. In October 2018, the BZA approved a special use permit (Z-18-050) for this property to allow the installation of the monopole and colocation of cellular equipment. The 2018 special use permit included a condition of approval for cellular providers installing new antenna to use “conceal wrap material” that would be installed on the antenna and this reflective material would simulate the sky. This was intended to minimize visual impacts of the antenna and was a recommendation from the applicant’s (SCI Towers) consultant, Mr. Larry Perry. If new equipment is not able to be installed with this condition of approval, it requires an amendment to the Special Use Permit approved by the Board of Zoning Appeals. The current applicant, Ms. Jennifer Dokos representing Dish Wireless, has researched and confirmed that the wrap material is no longer available, and no replacement material is being manufactured due to the quick deterioration of the material due to weather conditions. Ms. Dokos has submitted a letter (Attachment A) stating that the “concealment wraps previously approved and utilized by the Wireless Industry are now obsolete with inventory no longer available for use”. In the letter she provided a link to a site “Inside Towers” (June 12, 2020) which is written for wireless infrastructure professionals and which states that “3M Concealment Film is being discontinued” (Attachment B). Further, the letter states that Mr. Scott Duncan of Obscure Tech LLC, a Telecommunications equipment supplier “is currently working with others to provide an alternative to the 3M concealment wrap, however, at this time, there is not an acceptable product which provides a minimal loss in dB in laboratory tests”. The applicant is requesting antennas be installed as they are manufactured in their off-white finish with mounting equipment being galvanized steel to match the tower shaft. This is the same as other cellular antenna installed on poles in the City of Murfreesboro and throughout the country. Because of the limited scope of the request, Staff has not required the applicant to address all of the specific standards for telecommunications tower in her application, and this report does not address those standards one-by-one as is usually done. However, staff believes that it would be appropriate for the required landscaping buffer to be re-inspected to determine its health and whether or not any of the existing vegetation needs to be replaced. Recommended Conditions of Approval: 1. Prior to the installation of the ground equipment and antennas, the applicant shall apply for and obtain approval of a Site Plan from the Murfreesboro Planning Department. The Site Plan approval will include staff comments to ensure the antenna is consistent with any conditions of approval placed upon the special use permit by the BZA. 2. Prior to installation of the ground equipment and antennas, the applicant shall comply with all codes and permitting requirements of the Building and Codes Department. 3. All other conditions of the original special use permit approval shall stand. 4. The required landscape buffer around the tower compound shall be inspected by the Planning Department staff. If any of the original materials have died or are dying, then they shall be replaced. Ms. Jennifer Dokos will attend the meeting in to answer any questions that the Board may have. Attached Exhibits A. Letter of explanation from applicant B. Inside Towers link information C. Exhibit photos D. Site photos E. 2018 BZA meeting minutes F. 2018 Confirmation letter G. Tower Plans EXHIBIT A Matthew T. Blomeley, AICP Assistant Planning Director City of Murfreesboro Planning Department Office Phone: (615)-893-6441 Ext. 1605 mblomeley@murfreesborotn.gov BZA Appeal Z-18-050 - 1631 NW Broad Street for Dish Wireless 3M Antenna Wrap (NABNA00141A) We / Dish Wireless are submitting an application to the Board of Zoning Appeals requesting that condition 5. “The applicant shall use the new 3M conceal wrap material around the antennas themselves to help the aesthetics of the facility ” be removed as a condition of approval per Application Z-18-050, Cell Tower located at 1631 NW Broad Street. As discussed, the 3M concealment wrap previously approved and utilized by the Wireless Industry is now obsolete with inventory no longer available for use. The wrap material was ultimately found to be inadequate and often cracked and peeled causing greater aesthetic issues. As support, Margaret Ann provided the below link related to the issue: https://insidetowers.com/3m-concealment-film-is-being-discontinued/ Scott Duncan of Obscure Tech is currently working with others to provide an alternative to the 3M Concealment Wrap, however, at this time, there is not an acceptable product which provides a minimal loss in dB in laboratory tests. Dish Wireless is requesting that the antenna be installed as they are manufactured in their off-white finish with mounting equipment being galvanized steel to match the tower shaft. This configuration will match the currently installed Verizon Wireless antennas which we believe to be the most aesthetically pleasing array. We request that the City understand the issue at hand and allow Dish Wireless to install our antennas and move forward with this overall installation which is critical to our local and nationwide buildout. Thank you for your time and consideration, Sincerely, EXHIBIT B EXHIBIT C EXHIBIT E Regular Meeting Minutes of the Murfreesboro Board of Zoning Appeals October 24, 2018 – 1:00 P.M. Council Chambers MEMBERS PRESENT MEMBERS ABSENT Davis Young, Chairman Ken Halliburton, Vice-Chair Frances Mosby Julie King Tim Tipps STAFF PRESENT Marina Rush, Principal Planner David Ives, Assistant City Attorney Dianna Tomlin, Principal Planner Austin Cooper, Planner Amelia Kerr, Planner Joe Ornelas, Planner Lexi Stacey, Recording Assistant Chairman Young called the meeting to order at 1:00 P.M. Application Z-18-050 by Mr. Craig Parker of SCI towers, LLC, is requesting a special use permit to construct a telephone transmission tower in a Commercial Highway (CH) zone for property located at 1631 NW Broad Street (along the west side of NW Broad Street). The applicant is also requesting a 75-foot variance of the 75-foot maximum permitted building height in a Commercial Highway (CH) zone to allow a 150-foot-tall structure. Ms. Amelia Kerr reviewed the application and the Staff comments contained in the BZA agenda package. If the Board approves the application, Staff recommends the following conditions: 1) Applicant shall apply for and obtain approval of a Site Plan Review. It shall include the following: a. Antenna structure shall be setback a minimum of 37’3” from the property line. Prior to the issuance of a Certificate of Completion or Occupancy, a surveyor’s certification will be required to confirm the structure has been placed in accordance with this setback. BZA Minutes Regular Meeting October 24, 2018 b. Fence height for the enclosure at the base of the antenna structure for associated equipment shall be a minimum of 8 feet in height and controlled by a locked gate c. Landscaping and vegetative buffer shall be installed to reduced visibility from the public right-of-way and surrounding properties. 2) Applicant shall submit evidence of FAA approval prior to the issuance of a building permit. 3) Submit a certified letter from the applicant stating that in the event of non-use for a period of 120 days, the applicant, upon notice, will cause the structure to be removed at its own expense. 4) Submit a letter stating that the site construction must be completed within one (1) year from the date of grant of a building permit. 5) This applicant shall use conceal wrap material around their antennas themselves to help the aesthetics of the facility. 6) The applicant should submit a letter of confirmation that the available space on the tower will be made available to other carriers at a rental cost of other similar towers in the county. 7) The applicant should submit a letter from the tower consulting engineer certifying that the structure was constructed as he designed it upon completion of the construction. Vice-Chair Halliburton asked the applicant if the tower is 150-feet high, why is there only a 30+/- fall zone. Mr. Larry Perry, the City’s 3rd party consultant, came to the podium. His office is located at 11464 Cycle Lane, Suite 400 in Knoxville, Tennessee. He has been in this business for almost 48 years with the towers and was on FCC’s Advisory Committee for three Chairmen when they wrote the original rules for cellular communication. Mr. Perry said, staff can ask the carriers to wrap the antennas on the new 3M material. He said it makes the material transparent where you cannot see it. Mr. Perry said he has never seen a monopole antenna fall over like that, as they are made to collapse about 2/3rds of the way up. SEI had a consulting engineer to do the analysis on this monopole tower and Mr. Perry agreed with it. Mr. Perry said if the Board approves the request, he suggested they request a letter from a professional engineer certifying that the tower was built to his recommendations. He said the location is not a real major factor because the river is behind it, woods on the north and south, and a long driveway with a parking lot in front of it. He said our Ordinance requires a fall zone of 150-feet and the applicant has asked for 37-feet, 3-inches. He referred to the 75-foot requirement stating the building is not 75-feet, but the tower is a little over 150-feet. Mr. Perry said this is standard around Tennessee and most Ordinances require the same type thing. He said they meet all the requirements, Federal, State, Local except for these two variances in the City Ordinance. 2 BZA Minutes Regular Meeting October 24, 2018 Vice-Chair Halliburton asked if this tower will be 5G capable. Mr. Perry said yes adding that all towers are 5G capable. He said the new 5G towers will be lower, closer to the bottom. The subject tower can handle anything you want to put on it. Vice-Chair Halliburton said he did not want to approve something that is going to be outdated. Mr. Perry said no. He said if it were outdated, it would need to be removed within 120 days according to the City Ordinance. Mr. Tipps asked if there will be a need for 150-foot tall towers in the future. Mr. Perry said not necessarily, adding when they first started out with this back in the early 1980s there were 400-foot tall structures and they started coming down in height. He said the service area is smaller and smaller because they will lap into others if you do not. The 4G technology right now gives you about ¾ of a mile coverage and 5G gives you four football fields which is 400 yards, at the most, depending on the frequency and elevation. He said there would not be many more tall towers submitted, but they will not do away with the ones already in place. Mr. Perry said right now in the Murfreesboro area there are five major carriers compared to twelve major carriers in the United States. Mr. Craig Parker with SCI Towers came to the podium. He addressed the question on how a 150-foot tower has a 37-foot fall point. He said the tower is made of galvanized steel and each tower is built to specification. Mr. Parker said they have a group of companies they work with as vendors. He said the break-point on a tower is manufactured and 5% weaker than the rest of the structure. He said if there were a structure failure, that is how it is designed to fail at. In this case it would be the 113-foot level, so the top 37-feet would collapse upon itself. Mr. Tipps asked if the fail is mentioned in the submitted plans. Mr. Parker said yes. Chairman Young opened the public hearing. There being no one to speak for or against the application, Chairman Young closed the public hearing. Chairman Young reminded the Board Members there are two components to this application, a Special Use Permit and height Variance. 3 BZA Minutes Regular Meeting October 24, 2018 Mr. Tipps asked if similar application have been approved by the Board within the last 12-24 months. Ms. Rush said the Board has approved two similar applications including the height variance, one in late 2017 and one in early 2018 within the City limits of Murfreesboro. Vice-Chair Halliburton asked if the applicant has agreed to all the recommendations and conditions. Ms. Rush said the two mentioned in the presentation from the consultant, these were not included in the staff report, which was the 3M wrap and an engineering letter certifying the tower was built at specifications. She said those two items were additional. Ms. Kerr said the 3rd party consultant requests have been incorporated into the staff comment. She said they submitted a letter for the non-use of 120 days, which is what was recommended by the 3rd party consultant. She said they wrote their letter for 180, so the City will have them revise that to 120 days. Ms. Kerr said they added #5, which is the use of the concealed. She tried to consolidate his request along with the ones that Staff recommended, as well. Vice-Chair Halliburton asked if the applicant agreed to doing this. Ms. Kerr said applicant agree with staff’s recommendations. Mr. Parker came back to the podium and said SCI Towers are not the phone carriers but provides the infrastructure. They are a build-to-suit vendor for Verizon Wireless that will be the anchor tenant. Once the structure is built the providers will apply separately for their own application and building permit to put their equipment on our structure. Mr. Parker said they do not install the antennas. He said, historically they have had conditions where the antennas needed to be either painted or there are socks that go over the antennas. He was familiar with 3M but not familiar with the 3M technology. Mr. Parker said it was not that they would not agree to do it; it is that we are not actually installing the antennas. He said it would be a condition for every carrier that puts their equipment on structure, it would be a requirement of them. He said they build the structure, manage the structure, and rent the space to the wireless provider. Mr. Parkers thinks that would be a condition of every carrier that puts their equipment on the structure. Chairman Young asked if the 3M structure goes on the antenna or the pole. Mr. Parker said the 3M will be like what you see on a vehicle wrap, like a vinyl. He said there are not going to be graphics on the antenna but self-adhesive material that is manufactured by 3M. Mr. Parker said having that on the antenna is no issue, but they 4 BZA Minutes Regular Meeting October 24, 2018 don’t own the antennas as they only own the structure. He said if it needs to be a condition of approval, they can inform all their tenants what they need to do. He would also reiterate to the carriers when they apply for a building permit to co-locate on the structure that would be one of the conditions of their building permit. Chairman Young asked if the co-locaters come to the Board of Zoning Appeals. Ms. Rush explained yes and explained when the carrier comes thru to install their antenna or co-locate on an existing monopole, the co-locaters must come thru the Planning Department to obtain their building permits and obtain Planning approval. Planning approval is at Staff level and they make sure that what they are proposing is consistent with what the original Special Use Permit was approved for. She said if the Board would decide to add any conditions that would be required of the antenna; those would be carried forward for any providers that would install on it. Vice-Chair Halliburton asked if that is true even though the co-locater is not the applicant. Ms. Rush said that is correct. Mr. Parker said it is his understanding it would be the condition of approval and every subsequent tenant that goes on the structure would be informed of the conditions. He asked if they should reference it as 3M in case there are other manufacturers of the wrap. It was a suggestion as opposed to a requirement. Mr. Parker said if the Ordinance states 180 days for vacancy, they will comply with that. The letter they submitted said 120 days but if the requirement is 180 days they will be happy to accommodate that number. Ms. Mosby made a motion to approve a special use permit to construct a telephone transmission tower in a Commercial Highway (CH) zone for property located at 1631 NW Broad Street with the following conditions: 1) Applicant shall apply for and obtain approval of a Site Plan Review. It shall include the following: a. Antenna structure shall be setback a minimum of 37’3” from the property line. Prior to the issuance of a Certificate of Completion or Occupancy, a surveyor’s certification will be required to confirm the structure has been placed in accordance with this setback. b. Fence height to enclose the base of the antenna structure and associated equipment enclosure shall be a minimum of 8 feet in height and controlled by a locked gate 5 BZA Minutes Regular Meeting October 24, 2018 d. Landscaping and vegetative buffer shall be installed to reduced visibility from the public right-of-way and surrounding properties. 2) Applicant shall submit evidence of FAA approval prior to the issuance of a building permit. 3) Submit a certified letter from the applicant stating that in the event of non- use for a period of 120 days, the applicant, upon notice, will cause the structure to be removed at its own expense. 4) Submit a letter stating that the site construction must be completed within one (1) year from the date of grant of a building permit. Mr. Ives suggested to modify the conditions to say that condition #5 as stated “The applicant shall use 3M conceal wrap to change #5 to a suggestion as opposed to a condition and that the applicant use a 3M-type conceal wrap as there may be other manufacturers with a comparable product.” Mr. Tipps suggested stating a concealed wrap and strike any reference to a vendor. Vice-Chair Halliburton said you could then make it a requirement. Mr. Ives said they could do that, but it is not a requirement of this applicant because this applicant will not be installing the tower. He said the requirements then would be that the future antenna installers provide a conceal wrap on their antennas. Ms. Mosby said so moved on that condition. The motion was seconded by Mr. Tipps. Vice-Chair Halliburton asked if they were making it a suggestion or a requirement. Mr. Ives said the motion is to make it a requirement on the antenna installers. The motion was unanimously approved. Vice-Chair Halliburton said if they are to use this template, he was not sure where the practical difficulties are, other than how the thing works. Mr. Tipps said it appears more that technology has bypassed our regulations. He said the gentleman made some excellent comments as to the whys and the actual impacts of these types of structures and how that fall zone is a limited factor. He said the fact is, it is 150 feet high and to be in compliance, it would not exceed 75 feet. Vice-Chair Halliburton said they just heard testimony that once it goes to 5G you will see 35-foot towers. 6 BZA Minutes Regular Meeting October 24, 2018 Mr. Ives said we will see 35-foot towers, but the 150-foot towers will continue to be utilized, and there probably will still be a few more of the micro towers as opposed to small cell towers that will be in the 30-40-foot range. He said a height variance is somewhat different from the bulk regulations pertaining to land usage. The technology requirement for adequate function, the height needs to be at the level requested supported by the engineers and agreed to by our consultant. Vice-Chair Halliburton verified that because it is a height variance, we would not use this template in granting the motion. Mr. Ives thinks this template is not particularly appropriate for a height variance. Mr. Tipps verified the lack of a motion to approve this variance and the fact they voted to approve the Special Use Permit, this applicant could proceed on as long as it was a 25-foot tower. Mr. Ives said yes, you could. He said it requires the variance for the applicant to build the 150-foot tower at this site. Mr. Tipps asked if prior towers that have been approved at 150-feet had fall zone requirements in compliance. Mr. Ives said yes, they would have had fall zone requirements. Mr. Tipps said they have stated the surrounding area as wooded and parking lot. He asked if that area is owned by the City. Mr. Ives was not sure if that property was owned by the City. Vice-Chair Halliburton made a motion to approve a 75-foot variance of the 75-foot maximum permitted building height in a Commercial Highway (CH) zone in order to allow a 150-foot-tall structure. The motion was seconded by Ms. Mosby and carried unanimously in favor. 7 EXHIBIT F SITE INFORMATION PROJECT DIRECTORY SCOPE OF WORK · · · · DISH Wireless L.L.C. SITE ID: · · NABNA00141A · · · · DISH Wireless L.L.C. SITE ADDRESS: · · 1631 NW BROAD STREET · · · I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Tennessee. · MURFREESBORO TN, 37129 · · TENNESSEE - CITY OF MURFREESBORO CODE OF COMPLIANCE SITE PHOTO DIRECTIONS 21 3/20 06/0 SHEET INDEX VICINITY MAP UNDERGROUND SERVICE ALERT - TENNESSEE 811 UTILITY NOTIFICATION CENTER OF TENNESSEE (800) 351-1111 WWW.TENN811.COM GENERAL NOTES 11"x17" PLOT WILL BE HALF SCALE UNLESS OTHERWISE NOTED T-1 1. NORTH ORIENTATION: Tennessee State Plane Coordinate System, NAD 83 Latitude: 35° 52' 11.83" NORTH (CORS), determined by GPS Survey 2. ELEVATION DATUM: NAVD88, relative to Continuously Operating Reference Longitude: 86° 25' 03.33" WEST Station (CORS) Benchmark as noted hereon. Onsite benchmark is as shown Ground Elevation: 567.6 feet AMSL NAVD88 hereon CORS Benchmark: DK7594 TN38 3. This is a Tower Site Survey, made on the ground under the supervision of a Tennessee Registered Land Surveyor. Date of field survey is 01-28-2020. 4. Instruments Used: Topcon GTS 212 and Prism, Topcon Hiperlite Plus GPS, TDS Nomad and/or Carlson Surveyor Data Collector. 5. Surveyor hereby states the Geodetic Coordinates and the elevation shown for the centerline of the tower are accurate to within ± 15 feet horizontally and to within ± 3 feet vertically (FAA Accuracy Code 1A). 6. Survey shown hereon conforms to the Minimum Requirements as set forth by the State Board for a Category "II" Survey as stated in Certification. Field traverse did not require adjustment. 7. Improvements (Utilities, Buildings, Trees, Fences, etc) not located, unless specifically shown hereon in the vicinity of surveyed property. 8. No underground utilities, underground encroachments or building foundations were measured or located as a part of this survey, unless otherwise shown. 9. This survey was conducted for the purpose of a Tower Site Survey only, and is not intended to delineate the regulatory jurisdiction of any federal, state, regional or local agency, board, commission or other similar entity. Survey as published is not intended to be suitable for recording as a Subdivision Plat 10. Attention is directed to the fact that this survey may have been reduced or enlarged in size due to reproduction. This should be taken into consideration when obtaining scaled data. 11. This survey is not valid without the original signature and the original seal of a State-Licensed Land Surveyor, and is not complete without all sheets. 12. This survey does not constitute a complete boundary survey of the Parent Tract, or adjoining Parcels. 13. Title Examination was not available at time of Survey. 14. FLOOD ZONE DATA: By graphic plotting only, a portion of Lessee's Lease Area appears to lie within Zone AE (Special Flood Hazard Areas subject to inundation by the 1% annual chance flood, base flood elevations determined). Base Flood Elevation shown by FEMAZ MAP in vicinity of SITE is 564 feet. Portion of Lessee’s Site and Easement appear to lie within “Other Flood Areas, Zone X (0.2% Annual Chance Flood). See F.E.M.A Flood Insurance Rate Map Community Panel No. #47149C0260H, dated Jan 5, 2007, for complete details. I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Tennessee. 21 3/20 06/0 2 A-1 1 3 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Tennessee. 21 3/20 06/0 2 A-2 1 3 1 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Tennessee. 21 3/20 06/0 2 A-3 3 4 5 1 2 3 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Tennessee. 21 3/20 06/0 4 5 6 A-4 7 8 9 1 2 3 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Tennessee. 21 3/20 06/0 4 5 6 A-5 7 8 9 1 2 3 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Tennessee. 21 3/20 06/0 4 5 6 A-6 7 8 9 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Tennessee. 21 3/20 06/0 E-1 1 2 1 2 3 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Tennessee. 21 3/20 06/0 4 5 6 E-2 7 18 9 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Tennessee. 21 3/20 06/0 1 VOLT AMPS VOLT AMPS (WATTS) CKT CKT (WATTS) LOAD SERVED TRIP PHASE TRIP LOAD SERVED # # L1 L2 L1 L2 E-3 2 3 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Tennessee. 21 3/20 06/0 ” 1 G-1 2 3 2 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Tennessee. 21 3/20 06/0 1 3 G-2 4 5 6 1 2 3 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Tennessee. 21 3/20 06/0 4 5 6 G-3 7 8 9 2 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Tennessee. 21 3/20 06/0 3 RF-1 1 4 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Tennessee. 21 3/20 06/0 RF-2 1 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Tennessee. 21 3/20 06/0 GN-1 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Tennessee. 21 3/20 06/0 GN-2 · · · · I hereby certify that this plan, specification, or report was prepared · by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Tennessee. · · 21 3/20 06/0 GN-3 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Tennessee. 21 3/20 06/0 GN-4

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