Loading...
HomeMy WebLinkAboutApplication DSV • f . CITY OF CARMEL-CLAY TOWNSHIP HAMILTON COUNTY.INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENTAL STANDARDS VARIANCE REQUEST FEE: $450.00 for the first plus $50.00 for each additional section of the ordinance being varied. DOCKET NO. DATE RECEIVED: 1) Applicant Omnipoint Communications Midwest Operations, LLC and Unisite, Inc. Address: 6215 Morenci Trail, Indianapolis, Indiana 46368 2) Project NameTelecommunications Tower MW07140 Phone: (317) 347-7000 Engineer/Architect First Group Engineering, Inc. Phone: (317) 290-9549 Attorney: James B. Burroughs, Ice Miller Donadio & Ryan Phone: (317) 236-2183 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 lessee of the Property 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Tyner Family Limited Partnership Owner's address: 2135 W. 141st Street, Carmel, Indiana Phone: 5) Record of Ownership: Deed Book No./Instrument No. 9566104 Page: Purchase date: 12/22/95 6) Common address of the property involved: 2135 W. 141st StrPPt, rarm'l , Indiana Legal description: See Exhibit A attached hereto. Tax Map Parcel No.: 17 09 20 00 00 012.000 7) , State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance which applies and/or creates the need for this request). Petitioners request variance of Section 26.1.4. of the zoning ordinance to permit the construction of a 150' monopole telecommunications tower (120' permitted by ordinance) and of Section 26.2_17 to permit the tower to be located within 100' of a parcel used for residential purposes. 8) State reasons supporting the Developmental Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Developmental Standards Variance"). See Exhibit B attached hereto and made a part hereof. 9) Present zoning of the property(give exact classification): S-1 10) Size of lot/parcel in question: 70' x 70' with access easement (4,900 sq. ft.) acres 11) Present use of the property: farm land 12) Describe the proposed use of the property: Telecommunications tower 150' in height with related equipment for used by wireless communications providers (multiple providers to be permitted on tower) . 13) Is the property: Owner occupied Not the leased property - but thelarger parcel is. Renter occupied Yes - petitioner will occupy as lessee. Other 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 expkmation. Not to petitioners' knowledge. 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: Builder. 16) If proposed appeal is granted,when will the work commence? Immediately 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Unisite, Inc. will construct, manage and lease the tower on which Omnipoint Communications will place its wireless communications antennae. Other wireless providers will also be permitted to collocateon the tower. NOTE: LEGAL NOTICE shall be published in the Noblesville Daily Ledger 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.) AFFIDAVIT I, hereby swear that I am the owner/contract purchaser of property involved in this application and that the foregoing signatures,statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. I,the undersigned, authorize the applicant to act on my behalf with regard to this application and subsequent hearings and testimony. Signed: 5 ' '" / roperty Owner,A ey, or Power of Attorney) Date James B. Burroughs, attorney (Please Print) STATE OF INDIANA SS: County of �° "' Before me the undersigned,a Notary Public (County in which notarization takes place) for rn ikii N/6 County, State of Indiana, personally appeared (Notary Public's county of residence) /m ES 8- 6 0/2k O U G l7_1 and acknowledge the execution of the foregoing instrument this (Property Owner,Attorney, or Power of Attorney) ¢-/n M day of , 199 • o/120e7i`k • VA' 4ri Nota ublic—Signature Q. (SEAL) /ND Notary Public—Please Print My commission expires: Crystal Distler Residence: Marion County, IN Commission Expires: 10/24/99 Page 4 of 8—Deveiopmental Standards Vanance Application • CARMEUCLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No. : Petitioner: Omnipoint Communications Midwest Operations, LLC and Unisite, Inc. FINDINGS OF FACT-DEVELOPMENTAL STANDARDS VARIANCE (Ballot Sheets 1. The approval of this variance will not be injurious to the public health, safety. morals and general welfare of the community because the fully-automated telecommunicatiosn monpole poses no safety nr environmental hazards and creates no traffic congestion_ it will serve the public welfare by pro-viding reliable wirelecc rnmmunciatlons services to the community and by providing for the collocation of multiple service providers, thus reducing the proliferation of towers in the community. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because the monopole will be located on a large tract of land surrounded by other large undeveloped tracts. Mature trees huffer the site The parcel used for residential purposec_that-is. ithin 100' of the tower belongs to the person who lease the site to petitioenrs, who has consented to the petition, and there is no safety risk to structures on that proeprty. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficultie in the use of the property because due to the radio frequency design requirements of the petitioner's system, the height limitation will impede petitioner's ability to provide continuous and uninterrupted service within_lts service area. Moving the tower to a distance of more than 100' from the nearest residential property is unnecessary given that landowner's consent to the petition DATED THIS DAY OF , 199 . Board Member • Page 7 of 8—Developmental Standards Vanance Application CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDtANA Docket No.: Petitioner: Omnipoint Communications Midwest Operations. IIC. and llnisite, Inc. FINDINGS OF FACT- DEVELOPMENTAL STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the fully-automated telecommunications monopole p9s s np safety or environmental hazards and creates no traffic congestion. It will sery e the puhli_c welfare by providing reliable wireless communications services to the community and by providing for the r_nllncatinn of multiple se'vi..ce providers, thus reducing the proliferation of towers in thecommunity. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: the monopole will be located on a large tract of land surrounded by other large undeveloped tracts Mature trees buffer the site_ The parcel used fnr residential purposes that is within 100' of the tower belongs to the person who leases the site to petitioners, who has consented to the petition. and there is no safety risk to structures on that property. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: due to the radio frequency design requirements of the Petitioner's system. the height limitation will impede oetitioner's ability to provide continuous and uninterrupted service within its service area. Moving the tower to a distance of more than 100' from the nearest residential parcel is unnecessary given that landowner's consent to the petition DECISION IT IS THEREFORE the decision of the Carmel/Ciay Board of Zoning Appeals that Developmental Standards Variance Docket No. - is granted, subject to any conditions stated in the minutes of this Board,which are incorporated herein by reference and made a part hereof. Adopted this day of , 199 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). s:lorms`c1evstand.app Revised 07/14/97 Page 8 of 3—ieveloomertai Standards Vanance Aopi Poe EXHIBIT A Lease Area A part of the Southeast Quarter of Section 20,Township 18 North,Range 3 East,Hamilton County, Indiana, described as follows: Commencing at the northeast corner of said quarter section; thence North 90 degrees 00 minutes 00 seconds West 1,327.16 feet along the north line of said quarter section; thence South 0 degrees 31 minutes 30 seconds West 554.13 feet;thence North 89 degrees 10 minutes 08 seconds East 44.23 feet to the point of beginning of this description: thence continuing North 89 degrees 10 minutes 08 seconds East 70.00 feet; thence South 0 degrees 49 minutes 52 seconds East 70.00 feet;thence South 89 degrees 10 minutes 08 seconds West 70.00 feet; thence North 0 degrees 49 minutes 52 seconds West 70.00 feet to the point of beginning and containing 4,900 square feet, more or less. Subject to all rights-of-way, easements, and restrictions of record. Access Easement A part of the Southeast Quarter of Section 20,Township 18 North,Range 3 East,Hamilton County, Indiana, described as follows: Beginning at a point on the north line of said quarter section, which point is North 90 degrees 00 minutes 00 seconds West 1,327.16 feet from the northeast corner of said quarter section; thence South 0 degrees 31 minutes 30 seconds West 554.13 feet; thence North 89 degrees 10 minutes 08 seconds East 44.23 feet;thence South 0 degrees 49 minutes 52 seconds East 20.00 feet;thence South 89 degrees 10 minutes 08 seconds West 64.71 feet;thence North 0 degrees 31 minutes 30 seconds West 574.43 feet to the north line of said quarter section; thence South 90 degrees 00 minutes 00 seconds East 20.0 feet along said north line to the point of beginning and containing 12,375 square feet, more or less. Subject to all rights-of-way, easements, and restrictions of record. 476309.1 • EXHIBIT B Statement of Support To inject competition into the telecommunications industry, the Federal Communications Commission ("FCC") auctioned off radio frequency licenses to entrepreneurial companies including Omnipoint Communications ("Omnipoint"). The FCC requires its licensees to provide adequate and reliable service in the licensed area. In order to provide personal communication mobile telecommunications service ("PCS") to the public, Omnipoint must place and operate communications transmitting and receiving antennas throughout its service area at locations dictated by customer use and system engineering requirements. Omnipoint and Unisite, Inc. ("Unisite") are requesting approval of a variance of development standards for the property located at 2135 W. 1419` Street in Carmel, Indiana for the construction and operation of a wireless communication facility which would include a 150' monopole antenna structure and related communications equipment cabinets and/or buildings. This site, together with other antenna locations will enable Omnipoint to provide continuous uinterrupted service within its service area. Technical radio frequency ("RF") requirements determine the optimal antenna location and height. Sufficient signal strength is required to hand off from one site to another. If the site is too far from its neighboring sites, the signal strength is too weak and a coverage hole exists between the sites and hand offs from site to site are prevented. If the site is too close to its neighboring sites, the signal strength is too strong and RF interference occurs among neighboring sites. Coverage holes and interference cause call set up failure, degradation in voice quality and dropped calls. Omnipoint takes every opportunity to collocate on existing structures of heigh such as other carriers' sites, rooftops, water tanks and radio towers. With over 50% of its sites on existing structures, Omnipoint leads Indiana's telecommunications industry in efforts to collocate. Additionally, Omnipoint has an agreement with Unisite. Unisite builds and maintains sites where Omnipoint needs them. Omnipoint leases space on the antenna structures built by Unisite, but the structures are built by Unisite to accommodate multiple wireless providers to which Unisite may market the site as well. The proposed structure will accommodate multiple wireless providers and will thereby serve to diminish the proliferation of such structures within the community. A variance is necessary and appropriate because the proposed use will provide quality and reliable PCS service and the use of this proposed antenna structure will not interfere with the use of any adjacent or surrounding real estate. Limiting the height to 120' is unnecessary given the location of this structure across from a gravel mining operation and such a limitation would compromise Omnipoint's system design and its ability to provide the necessary coverage within its service area. The 100' setback from the adjoining residentially-used property is unnecessary in that the owner of that property is the owner of Omnipoint site and has consented to the variance and there is no safety risk to any structures on the property. Additionally, antenna structures do not cause any vibration, smoke, dust, particulate matter, noxious matter, odors, sound, heat, glare or waste matter. The use of the site will not generate traffic other than one or two employees for maintenance service trips once or twice a month. The proposed site will not be injurious to the public health, safety or general welfare of the community.