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HomeMy WebLinkAboutPacketIJbTOWERS fb TOWERS, LLC 2602 Cass Street Post Office Box 8096 Fort Wayne, In 46898 260 - 482 -5454 fax 260 -483 -5998 towersite @aol.com 2/6/14 Carmel Board of Zoning Appeals Alexia Donahue -Wold One Civic Square Carmel, IN 46302 Dear Ms. Donahue -Wold, JB Towers, LLC is submitting three applications for consideration by the Carmel Board of Zoning Appeals. The first is the application for Special Exception. This application is requesting approval for JB Towers, LLC to build a 150' Communications tower. The second and third applications are for variances in development standards. One of the applications is for the height of the tower and one is for the setbacks. The next page is the site plan. After the site plan is all of the supporting evidence for all three applications in the following order. 1. County Map of the tower parcel 2. Engineer letter stating need for coverage and capacity. 3. Map showing current coverage 4. Map showing projected coverage 5. Sabre fall radius letter 6. In Favor of tower petition signed by neighboring residents 7. Tower elevation 8. Pictures of site 9. Community petition in favor of tower We look forward to working with you on these applications. Please feel free to contact me with any questions. Sincerely, C14e/Li JB Towers, LLC Jennifer Jones CITY OF CARMEL - BOARD OF ZONING APPEALS APPLICATION FOR SPECIAL EXCEPTION Fee: $1,570 plus $125 per acre DOCKET NO. DATE RECEIVED: 1) Applicant: JB Towers, LLC Address: 2602 Cass Street Fort Wayne, IN 46808 2) Project Name: Keystone Woods Phone & Fax: 260 - 482 -5454 260- 483 -5998 Engineer /Architect: Phone: Attorney: Paul Helmke Phone: Contact Person: Jennifer Jones Phone: 260- 482 -5454 Email: jennifer(a�ibtower.com Fax 260 -482 -5454 3) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property X (c) Other: Applicant is leasing an 80' x 80' area on the property from the owner. 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Woods Swim Club Inc. Owner's address: 10636 Lakeshore Dr. 5) Record of Ownership: Deed book No. /Instrument No. Book 273 Page: 546 Purchase Date: N/A Phone: 317- 691 -4453 Page 1 - filename special exception application 2013 docx rev 01/2/2013 6) Common address of the property involved: 10636 Lakeshore Dr. W Legal description: The legal description for this property is a metes and bounds. Section 6, Township 17. Range 4, Covering 2.03 deeded acres. Tax Map Parcel No 16- 14- 06- 04 -05- 028.000 7) State explanation of requested Special Exception: 1B Towers is requesting permission to construct a 150' monopole for collocation purposes. The current zoning on this Parcel is S -2. S -2 zoning requires a Special Exception to build a Communications tower. This parcel is along the Keystone Overlay 8) State reasons supporting the Special Exception: (Additionally, complete the attached question sheet entitled "Findings of Fact - Special Exception "). 1.) The Homeowners association President contacted us to build the tower on their land. Neighboring residents are in in favor of this tower. 2.)coverage /capacity is needed in this area. See maps. 3.) We are building a monopole tower. See picture 4.) The base of the tower will be hidden in trees. 5.) The plan will provide additional parking for Woods Swim Club. This will help keep the street clear during swim meets. 9) Present zoning of the property (give exact classification): S -2 Residential District 10) Present use of the property: Recreation, This parcel has the association swimming pool and tennis courts. 11) Size of lot/parcel in question: 2.03 acres 12) Describe the proposed use of the property: The use will remain the same. The communications tower will be hidden in the wooded area away from the pool and tennis court. 13) Is the property: Owner occupied Renter occupied Other X 14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this property that would relate or affect its use for the specific purpose of this application? If yes, give date and docket number, decision rendered and pertinent explanation. No 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: no work has started Builder 16) If proposed special exception is granted, when will the work commence? May - July 2014 17) If the proposed special exception is granted, who will operate and /or use the proposed improvement for which this application has been filed? JB Towers is building this tower to hold 4 cellular companies, wireless internet, city and state fire and safety, and 2 -way radio companies. Page 2 - filename special exception application 2013 docx rev 01/2/2013 NOTE: LEGAL NOTICE shall be published in the Noblesville Times a MANDATORY twenty -five (25) days prior to the public hearing date, The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: 1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty -five (25) days prior to the public hearing date.) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty -five (25) day notice should be kept for verification that the notice was completed) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Services. Applicant Signature: — 2 i L Lc Date: /V' 7 The applicant certifies by signirr his application that he /she has been advised that all representations of the Department of Community Services are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and /or the legal advice of his /her attorney. FINDINGS OF FACT — SPECIAL EXCEPTION JB TOWERS During the summer of 2012, Connie Murphy, the President of the Homeowners Association of Keystone Woods, contacted JB Towers about the possibility of building a tower on the parcel of land owned by the association's swim club. She had received our name as a possible contact after an inquiry with the city. We met with Connie and did internal due diligence on the actual need of additional coverage and /or capacity at this location. Our search included a one mile, and two mile radius of this location. We were able to determine that this area does need a communications tower. There are some coverage holes that can be filled but mostly it is capacity issues that will be solved with this proposed tower. Our attached site plan was developed by taking into consideration maintaining the aesthetics of the property and the residents of the surrounding area. We have located the wood fenced tower compound in a grove of trees on the Woods Swim Club property. Within the wooded area we chose a spot currently filled with dead trees and underbrush. Building the proposed tower in this spot allows the large healthy trees to remain. Locating the tower in the woods also blocks the view of the tower from the area residents and from the people driving on Keystone Parkway. This location is the best way of making it a win - win for the residents. They receive better cell usage and the tower is well hidden from the normal line of sight. The access and utility easement placement allows us to not infringe upon utility easement with the City of Carmel. There is small area that needs to be crossed to enter the compound. The access and utility easement location is also allowing JB Towers to give Woods Swim Club additional parking. This will aid in keeping the street clear during swim meets. Section 21.3 items 1 -26 1. Topography: Our plan works with the existing topography to maintain the visual aesthetics currently at the property. 2. Zoning on site: Special Exception is required. 3. Surrounding Zoning and Land Use: The surrounding zoning is also S -2. The residents of this area are in agreement with this tower. 4.- 15. Do not apply to this project 16. Special and general Easements: We will have an access and utility easement to our site. However, the line of access for service vehicles will be through the existing parking lot. 17. Landscaping and trees: As mentioned above we are placing the tower in a small wooded area. We can also place some additional landscaping along the south property line of the parent parcel. 18. Necessary screening and buffering: N/A 19. Necessary fencing: We will place an 8' wood fence around the base of the tower. 20. Necessary exterior lighting: This tower is Less than 200' and won't be lit. 21. — 26. N/A CITY OF CARMEL - BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE FEES: Single Family (Primary Residence) $302 for the first variance, plus $93.00 for each additional section of the ordinance being varied. All Other $1,197 for the first variance, plus $565 for each additional section of the ordinance being varied. Or, see Hearing Officer Option & Fees. DOCKET NO. DATE RECEIVED 1) Applicant: JB Towers, LLC Address: 2602 Cass Street Fort Wayne, IN 46808 2) Project Name: Keystone Woods Phone: 260- 482 -5454 Engineer /Architect: N/A Phone: Attorney: Paul Helmke Phone: Contact Person: Jennifer Jones Phone: Cell: 260- 418 -8191 Email: jennifer(a�ibtower.com 3) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property. (c) Other: X Applicant is leasing an 80' x 80' area from owner 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Woods Swim Club Owner's address: 10636 Lakeshore Dr. Carmel, IN 46033 Phone: 317 - 691 -4453 5) Record of Ownership: Deed Book No. /Instrument No. Book 273 Page:546 Purchase date: N/A 6) Common address of the property involved: 10636 Lakeshore Dr. Carmel, IN 46033 Legal description: Metes and Bounds Section 6 Township 17, Range 4, 2.03 acres Tax Map Parcel No 16- 14- 06- 04 -05- 028.000 7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section number(s) of the Carmel /Clay Zoning Ordinance that applies and /or creates the need for this request). We are requesting to build a 150' monopole. The 150' height is allowed in Business, Industrial, and Manufacturing districts. The parcel we are requesting to locate the tower on is zoned S -2. However, it is currently used for a swimming pool, tennis court and club house. The current use of this property compares directly to a business use instead of residential. It is also important to note that the legal description is metes and bounds. The legal description is not a lot in the Keystone Woods subdivision. Per Code 26.01 in the S -2 classifications the height max height is 120'. 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact - Development Standards Variance ")._ We are asking for_a variance from this because.... 1.) The tower will be located in a wooded area therefore providing coverage from eye sight for up to the height of the trees. 2.) the parcel is bordered by heavily traveled roadways on the south and west. It is bordered by a fire station on the east and to the north the swim club building is between the closest houses. Also, the three property owners to the North have signed the petition in support of the tower. 3.) The taller tower provides room for additional collocation. This tower will be designed to hold all four wireless carriers that currently have licenses in the area plus have room for additional uses like fire and safety, wireless internet and 2 -way radio. 9) Present zoning classification of the property: S-2 10) Size of lot/parcel in question: 2.03 acres 11) Present use of the property: Association swimming pool and tennis court 12) Describe the proposed use of the property: The use will remain the same. We are proposing to add a tower on a small 80' x 80' parcel away from the current uses. 13) Is the property: Owner occupied Renter occupied Other X 14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this property that would relate or affect its use for the specific purpose of this application? If yes, give date and docket number, instrument no., decision rendered and pertinent explanation. No 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: No work has been started Builder: 16) If proposed appeal is granted, when will the work commence? May to June 2014 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? The tower will be built to hold 4 wireless carriers, wireless internet, city and county fire and safety, 2 -way radio NOTE: LEGAL NOTICE shall be published in the Noblesville Times a MANDATORY twenty -five (25) days prior to the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: 1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty -five (25) days prior to the public hearing date.) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty -five (25) day notice should be kept for verification that the notice was completed.) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. The applicant understands that docket numbers will not be assigned until all supporting information has been §ubmitted to the Department of Commu it Services, Applicant Signature: 1 (/ / {l T7h4 Date: -2, / /y The applicant certifies by signing this app -tio that he /she has been advised that all representations of the Department of Community Services are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and /or the legal advice of his /her attorney. CITY OF CARMEL - BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE FEES. Single Family (Primary Residence) $302 for the first variance, plus $93.00 for each additional section of the ordinance being varied. All Other $1,197 for the first variance, plus $565 for each additional section of the ordinance being varied. Or, see Hearing Officer Option & Fees. DOCKET NO. DATE RECEIVED: 1) Applicant. JB Towers LLC Address: 2602 Cass Street Fort Wayne, IN 46808 2) Project Name: Keystone Woods Phone: 260- 482 -5454 Engineer /Architect: N/A Phone: Attorney: Paul Helmke Phone: Contact Person: Jennifer Jones Phone: Cell: 260 -418 -8191 Email: jenniferc jbtower.com 3) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property. (c) Other: X Applicant is leasing an 80' x 80' area from owner 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Woods Swim Club Owner's address: 10636 Lakeshore Dr. Carmel, IN 46033 Phone: 317 - 691 -4453 5) Record of Ownership: Deed Book No. /Instrument No. Book 273 Page:546 Purchase date: N/A 6) Common address of the property involved: 10636 Lakeshore Dr. Carmel, IN 46033 Legal description: Metes and Bounds Section 6 Township 17. Range 4, 2.03 acres Tax Map Parcel No 16- 14- 06- 04 -05- 028.000 7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section number(s) of the Carmel /Clay Zoning Ordinance that applies and /or creates the need for this request). This request is for a variance in setbacks as written in 25.13.01, B, i. We are proposing a 150' monopole tower. We are requesting the setbacks be reduced to 125' from the North and South property line. We are also requesting The setback to the East property line is reduced to 100' so the compound fence can remain hidden in the trees. 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact - Development Standards Variance "). See attached sheet. 1,) Monopole towers if they fall will break apart in sections. See the attached letter showing the 100' fall radius. Please note the tower is also designed for Wind speeds of 90 mph or 40 mph while with an inch of ice. 2.) This is the best location on the parcel because of tree coverage. 3.) The location won't be injurious to the public health safety, morals and general welfare. 9) Present zoning classification of the property: S -2 10) Size of lot/parcel in question: 2.03 acres 11) Present use of the property: Association swimming pool and tennis court 12) Describe the proposed use of the property: The use will remain the same. We are proposing to add a tower to In the trees. 13) Is the property: Owner occupied Renter occupied Other X 14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this property that would relate or affect its use for the specific purpose of this application? If yes, give date and docket number, instrument no., decision rendered and pertinent explanation. No 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: No work has been started Builder: 16) If proposed appeal is granted, when will the work commence? May to June 2014 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? The tower will be built to hold 4 wireless carriers, wireless internet, city and county fire and safety, 2 -way radio NOTE: LEGAL NOTICE shall be published in the Noblesville Times a MANDATORY twenty -five (25) days prior to the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: 1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty -five (25) days prior to the public hearing date.) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty -five (25) day notice should be kept for verification that the notice was completed.) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. . The applicant understands that Pocket numbers will not be assigned until all supporting information has been §ubmitted to the Department of Community Services, Applicant Signature: ` -JnD �C ?%C e- "/(--2____ Date: 2--/) � The applicant certifies by signing this application that hd /- e has b:- :'vised that all representations of the Department of Community Services are advisory only and that the applicant shouldrely on appropriate subdivision and zoning ordinance and /or the legal advice of his /her attorney.