CAMDEN COUNTY, Mo. — Cellphone and Internet service are coming to Ha Ha Tonka State Park, after the county Planning & Zoning Commission stopped the development of a service tower last year due to improper permitting.
A stop-work-order issued by the Camden County Planning and Zoning Commission in May of 2016 prevented the extension of cell and Internet service to users in the Ha Ha Tonka State Park area. The order was issued due to TowerCo not having a construction permit to build the cell tower that was hosting the service.
During the permitting process, it was discovered the tower did not meet the setback restrictions of the Camden County Unified Land Use Code, which provide for a distance equal to the height of the proposed tower plus 10 percent of the height of the tower or structure.
After a public hearing on Wednesday, Dec. 22, the P&Z commission approved, with conditions, a request by Tower Co. on behalf of the Missouri Department of Natural Resources, for a Conditional Use Permitt (CUP) on the new wireless telecommunications tower, to bring the tower into compliance with the Camden County Unified Land Use Code.
A subsequent application was filed with the Camden County Board of Adjustments, for a variance. The case went before the Board of Adjustment on Wednesday, Dec. 28 and they approved it. The Camden County Planning and Zoning Inspector then permitted the project.
photo by Janet Dabbs
According to Jason Woodward with TowerCo, AT&T is in the process of installing equipment to bring cell phone coverage to the Ha Ha Tonka area by spring. The tower located on state park property is expected to go online within the next 90 days.
According to TowerCo, the tower currently has one provider, AT&T, but has space for up to four additional providers. The applicant stated they were diligently working to get more providers to co-locate on the tower in an effort to reduce the visual impact of additional towers in the area.
AT&T hired TowerCo to build the tower for the purpose of covering the deficiencies in coverage in the area, just west of Camdenton.
History
The applicant received an e-mail from P&Z staff, dated February 9, 2016, stating that a CUP would have to be applied for and approved by the P&Z commission prior to construction of a tower.
The applicant also received incorrect correspondence dated May 9, 2014 from Missouri State Parks stating that “zoning or building permits would not be required.” The applicant’s contractor then proceeded to install the tower. Upon completion, complaints and inquiries came into the P&Z office due to light nuisances, asking if the project was permitted.
Stop work order issued
A stop-work-order was issued by the Camden County Planning and Zoning Commission in May of 2016, until a construction permit to build the cell tower could be issued. This happened before the tower went online.
P&Z staff then began working with the applicant to properly permit the tower.
The county allowed the contractor to continue constructing a fence around the leased area of the tower to safely secure the structure and appurtenances.
Citizens need cell coverage
During the public hearing portion of the December P&Z meeting for the CUP request, resident Dee Ballard spoke in favor of the CUP saying, “When I purchased my home there was cell service. I work for the medical examiner’s office and I need coverage.” Rex Bridges also testified for the CUP saying that he needed the service for high speed internet and phone service, due to land lines failing every time it rained.
There was no opposition to the CUP request at the public hearing, but there were prior inquiries regarding how the tower would affect bird migration as well as complaints about a blinking white light. TowerCo complied with a request made by the county to change the color of a malfunctioning flashing light on the tower from white to red when flashing during the evening hours. According to TowerCo, the majority of complaints stopped, however, the tower remained offline.
The subject CUP property is part of the Ha Ha Tonka State Park. New Cingular Wireless PCS, LLC d/ba AT&T Mobility leased the 6,000 s.f. tract from the Missouri Department of Natural Resources in 2014.
The subject lot is zoned P-1 Parks and Reserves and the surrounding properties are zoned P-1 Parks and Reserves, R-1 Low Density Residential, I-1 Industrial (Camdenton Sewer Plant) and A-1 Agricultural.
