HomeMy WebLinkAboutApplication SE • • 4
CITY OF CARMEL-CLAY TOWNSHIP •
HAMILTON COUNTY.INDIANA ° \
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APPLICATION FOR BOARD OF ZONING APPEALS ACTION MAY 1i
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SPECIAL iPAPPROVAL REQUEST* DOCO
Fee $450.00
DOCKET NO. DATE RECEIVED:
1) Applicant Omnipoint Communications Midwest Operations, LLC and Unisite, Inc.
Address: 6215 Morenci Trail, Indianapolis, Indiana 46368
2) Project Name: Telecommunications 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
Owners 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 Street, Carmel, Indiana
Legal description: $eP FYhihit A attached hereto
Tax Map Parcel No.: 17-09-20-00-00-012.000
7) State explanation of requested Special Petitioner requests a special exception to permit the construction
and operation of a 150' monopole telecommunications tower and related equipment under Section 25.13
and Chapter 21 of the Carmel/Clay Zoning Ordinance to permit petitioner to provide reliable and
adequate wireless communications services under a license granted by the Federal Communications Commission
8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet entitled "Findings
of Fact-Special Use").
Sec Exhibit B attacheil haretn and made a part hereof.
* WHENEVER IN THIS APPLICATION THE TERM "SPECIAL USE" IS USED THE TERM "SPECIAL EXCEPTION"SHALL BE SUBSTITUTED
9) Present zoning of the property (give exact classification): S-1
•
10) Present use of the property: farm land
11) Size of lot/parcel in question: 70' x 70' with access easement (4,900 sq. ft.) acres
12) Describe the proposed use of the property: Telecommunications tower_15O' in height with related equipment
for used by wireless communication providers (muliplP providers to he permitted nn twer)_
13) Is the property: Owner occupied Not the leased property - but the larger 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 explanation.
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 special use is granted,when will the work commence? Immediately
17) If the proposed special use 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 0mnpoint 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.)
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. AGAIN, THIS
TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO 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.
Sign C� S' /
operty Owner, P rty Owner's Attorney (Date)
or Property Owner's Power of Attorney)
James B. Burroughs, Attorney
(Please Print)
STATE OF INDIANA
SS:
County of n/W /U/0 Before me the undersigned, a Notary Pubiic
(County in which notarization takes place)
for /vl / CIA)
County, State of Indiana, personally appeared
(Notary Public's county of residence)
Y7 Icy • 6 U/2/60 1) V-5 and acknowledge the execution of the foregoing instrument this
(Property Owner,Attorney, or Power of Attorney)
i`714
day of , 19
ed26 7*
Notary P lic--Signature
yNDI A PEAL)
(SEAL)
Notary Public—Please Print
My commission expires:
Crystal Distler
Residence: Marion County, IN
Commission Expires: 10/24/99
Page 4_f 3.-Special Use Applicauon
NOTICE OF PUBLIC HEARING BEFORE THE
CARMEL BOARD OF ZONING APPEALS
Docket No.
Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the of
, 199 at 7:00 pm in the City Council Chambers, 2nd floor
Exception
of City Hall, One (1) Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon a Special UN application
to permit the construction and operation of a 150' telecommunications monopole tower and related equipment
cabinets and/or buildings for the purpose of providing wireless communications services to the petitioner's
customers
property being known as 2135 W. 141st Street, Carmel, Indiana
The application is identified as Docket No.
The real estate affected by said application is described as follows:
(Insert Legal Description)
All interested persons desiring to present their views on the above application, either in writing or verbally,will be given
an opportunity to be heard at the above-mentioned time and place.
OMNIPOINT COMMUNICATIONS MIDWEST OPERATIONS, LLC AND UNISITE, INC.
PETITIONERS BY James B. Burroughs, Attorney
Pa,e,;t 8 - pec,.tl Use Application
•
CARMEL/CLAY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No. :
Petitioner: Omnipoint Communications Midwest Operations, LLC and Unisite, Inc.
EXCEPTION
FINDINGS OF FACT-SPECIAL tJSI Ballot Sheet)
1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended does not apply
and all prerequisites have been met by Petitioner as verified by the Department of Community Services.
2. The Special Exception will be consistent with the Character and Pemitted Land use of the zoning district and
Carmel/Clay Comprehensive Plan because telecommunications towers are permitted as special exceptions and this
tower is to be located on a large tract of land surrounded by other large tracts of undeveloped land.
3. The Special Exception is physically suitable for the land in question because the location of the tower
site meets the technical requirements of the petitioner's wireless communications system and enables it to provide
rnntinunnc coverage within its service area.
4.---Thp_Spe.claliamp..ptinn will not injuriously or adversely affect the adjacent land or property values because
the tower is to be located on a large tract of land surrounded by other large tracts of undeveloped land. There
ara also mature trees that buffer the site from adjoining properties.
5. The Special Exception will not adversely affect vehicular or pedestrian traffic flow, nor the adequate
availahility of water, sewage, or storm drainage facilities, or police or fire protection because telecommunica-
tions towers have nn impact on any of the foregoing services.
6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.3 (1-25) as they relate to this
Special Exception and does not find that those criteria prvent the granting of the Special Exception.
SFF ATTACHFr) ADDENDUM FOR ADDITIONAL FINDINGS
DATED THIS DAY OF 19
Board Member
Page 7 at 8-,ineaal Use Aooucaoon
CARMELICLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Omnipoint Communications Midwest Operations, LLC and Unisite, Inc.
FINDINGS OF FACT-SPECIAL USE EXCEPTION
1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended (1ttaosea Tibf) apply and
all prerequisites have been met by Petitioner as verified by:
Department of Community Services
2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and
Carmel/Clay Comprehensive Plan because:
Telecommunications towers are permitted as special exceptions and this tower is to be located on a large
tract of land surrounded by other large tracts of undeveloped land.
3. The Special Use is physically suitable for the land in question because:
The location of the tower on this land meets the technical requirements of the petitioner's wireless
communications system and enables it to provide continuous communications coverage within its service are
4. The Special Use will not injuriously or adversely affect the adjacent land or property values because:
The tower is tobe located on a large tract of land surrounded by other large tracts of undeveloped
land. There are also mature trees that buffer the site from adjoining properties.
5. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water,
sewage, or storm drainage facilities, or police or fire protection because:
Telecommunications towers have no impact on any of the foregoing services.
6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.3 (1-25) as they relate to this Special
Use, and does not find that those criteria prevent the granling of the Special Use:
True.
SFF ATTACNFD ADDFNDIIM FOR ADDITIONAL FINDINGS
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Special Use Docket Number
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 Doard of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back.
sAforms\spuse.app (Petitioner or his representative to sign).
Revised 07/14/97
or q. ..e i.ial Use%'_.nncanon
FINDINGS OF FACT ADDENDUM
(Ordinance Section 21.4.2)
1. The approval of the special exception will not be injurious to the public health,
safety, morals and general welfare of the community, in relation to the items listed in Ordinance
Z-160, Section 21.3 (1-25).
2. The use and value of the area adjacent to the premises will not be affected in a
substantially adverse manner because the tower is to be located on a large tract of land
surrounded by other large tracts of undeveloped land and there are mature trees that buffer the
site from adjoining properties.
3. The need for the special exception arises from the applicant's responsibility to
provide public utility service, and not from any condition peculiar to the premises under
consideration because the applicant is licensed by the FCC to provide reliable and adequate
telecommunications services and the location of the tower at this site is required by the technical
engineering requirements of applicant's system to provide such service.
4. It will constitute an unnecessary hardship for the applicant if the special exception
is denied, in that there are no existing or approved towers or other structures in the vicinity of the
premises under consideration which would be suitable for collocation of the equipment that the
applicant needs to locate in such vicinity.
5. The approval of the special exception does not interfere substantially with the
Comprehensive Plan, in that there are no alternative sites suitable (having regard to the factors
listed in Section 21.4.2(4)) for the equipment that the applicant needs to locate in the vicinity
which are located either in Business, Industrial, or Manufacturing Districts, or on property outside
of the jurisdiction or otherwise exempt from the requirements and procedures of the Zoning
Ordinance.
476315.1
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 MW07140
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 special exception for
the property located at 2351 W. 141st 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 special exception 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. 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.
4
In addition the criteria in Section 21.3 of the Ordinance do not prevent the granting of the
special exception:
1. Topography. There are no topographic features that render the site unsuitable for
the antenna structure. The land is relatively flat farmland and is wooded.
2. Zoning on the site. The site is zoned S-1 which permits the proposed structure
subject to the granting of a special exception.
3. Surrounding zoning and land use. The surrounding zoning and land use is
consistent with the proposed special exception. The surrounding tracts are large undeveloped
tracts.
4. Streets, curbs, gutters and sidewalks. The project will not require any new
improvements of this nature.
5. Access to public streets. Access to the public street is obtained via an access
easement shown on the site plan.
6. Driveway and curb cut locations in relation to other sites. No new curb cuts are
required.
7. General vehicular and pedestrian traffic. The site will not generate additional
traffic, since the antenna structure is fully automated. Maintenance personnel will visit the site
once or twice a month.
8. Parking location and arrangement. Not relevant because no traffic.
9. Number of parking spaces needed for special exception. Not relevant because no
traffic.
10. Internal site circulation. Not relevant because no traffic.
11. Building height, bulk and setback. The structure will exceed the 120 foot height
limitation in this zoning district for which a variance is also being filed.
12. Front. Side and Rear Yards. The structure will meet the requirements for front,
side and rear yards, but requires a variance because it is less than 100 feet from the property line
of a parcel used for residential purposes..
13. Site coverage by building(s). parking area(s) and other structures. Only the area
required for the tower and related equipment cabinets and/or buildings will occupy the site. There
will be no other structures.
14. Trash and Material Storage. The use does not generate trash or require the
storage of materials.
15. Alleys, Service Areas and Loading Bays. None needed.
16. Special and General Easements for Public or Private Use. The site plan and legal
description depict and describe necessary access and utility easements for the structure.
17. Landscaping and Tree Mass. Landscaping will be provided in accordance with any
ordinance requirements. The site is buffered by trees.
18. Necessary Screening and Buffering. A fence will surround the antenna structure
compound. The site is buffered by existing trees.
19. Necessary Fencing. The compound will be enclosed with a security fence.
20. Necessary Exterior Lighting. Subject to any FAA requirements, the tower will not
be required to be lit.
21. On-site and off-site. surface and sub-surface storm and water drainage. The
project will not create and storm water drainage problems and the petitioners will comply with all
legal requirements relative thereto.
22. Utilities on-site and to the site. Electrical service is the only utility required and is
available to the site.
23. Dedication of streets and right-of-way. No dedication is needed or contemplated.
The use does not contribute any additional traffic to the public street system.
24. Proposed signage. No signs, other than a warning or equipment information sign
needed for health and safety purposes will be affixed to the tower.
25. Protective restrictions and/or covenants. None proposed.
476313.1