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HomeMy WebLinkAboutApplication 07-18-97 4 CITY OF CARMEL-CLAY TOWNSHIP RO0Fa) - HAMILTON COUNTY, INDIANA JUL 18 1997 APPLICATION FOR BOARD OF ZONING APPEALS ACTION DOCD SPECIAL USE APPROVAL REQUEST DOCKET NO.: UV-30-97 DATE RECEIVED: 1) Applicant: WESTEL-INDIANAPOLIS COMPANY, d/b/a CELLULAR ONE Address: 8888 Keystone Crossing, Suite 300, Indianapolis, Indiana,46250 2) Project Name: N/A Phone: (317)581-2507 Engineer/Architect: Weihe Engineers, Inc. Phone: (317)846-6611 Attorney: Larry J.Wallace/ Phone: (317)269-2500 James A.L. Buddenbaum, Fax: (317)269-2514 3) Applicant's Status: (Check the appropriate response) X (a)The applicant's name is on the deed to the property (b)The applicant is the contract purchaser of the property (c)Other: 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Westel-Indianapolis Company, d/b/a Cellular One Owner's address: 8888 Keystone Crossing, Suite 300 Phone: (317)581-2507 Indianapolis, Indiana 46250 5) Record of Ownership: Deed Book No./Instrument No. Instrument#9653499 Page: n/a Purchase Date: December 9, 1996 6) Common address of the property involved: 750 East 106th Street Legal description: Land Description Parcel I: Lot 126 in Orin Jessup Land Company's Addition to Home Place, in Hamilton County, Indiana, as per plat thereof, recorded in Deed Record 103, page 21 in the Office of the Recorder of Hamilton County, Indiana. Parcel II: Lot 127 in Orin Jessup Land Company's Addition to Home Place in Hamilton County, Indiana, as per plat thereof, recorded in Deed Record 103, page 21 in the Office of the Recorder of Hamilton County, Indiana. EXCEPT nine and one-half(91/2)feet by parallel lines off the entire West side thereof. Subject to a statutory easement for the Home Place Regulated Drain. Subject to all legal easements and rights-of-ways. Tax Map Parcel No.: 17-13-01-03-06-013.000; 17-13-01-03-06-012.000 7) State explanation of requested Special Page 1 of 8-Special Use Application Use.: Applicant is a federally licensed and State of Indiana certified provider of public utility mobile radio communications service to the public. Applicant filed an application for a variance of use (Docket No. UV-30-97)on March 6, 1997 and sought variance from Sections 13.1 and 13.2 (B-2/Business District)of the City of Carmel Zoning Ordinance for the construction and maintenance of an 80' commercial radio antenna structure and fully automated radio equipment building. The Variance of Use application was originally scheduled to be heard, after proper notice to the public and adjacent property owners, on April 28, 1997. On April 28, 1997, the application was tabled by the Board of Zoning Appeals pending the consideration and adoption by the Common Council of the City of Carmel of an ordinance to regulate the siting of wireless telecommunications facilities. On July 11, 1997,the Common Council of the City of Carmel passed Ordinance No.Z-320,which amended the City of Carmel Zoning Ordinance to regulate the siting of wireless telecommunications facilities in conformity with the Federal Telecommunications Act of 1996 and the 2020 Vision Comprehensive Plan. Section 23.13.5 of the amended Zoning Ordinance provides that any applicant for a variance of use to erect a tower which is pending before the Board of Zoning Appeals on the effective date of the amendatory ordinance may request that the board treat such variance application as if it were a special use or special exception application in accordance with Section 21.4.1 (special uses) or Section 21.4.2 (special exceptions), as added by the amendatory ordinance. On July 15, 1997, applicant made formal request of the Board of Zoning Appeals that it treat its previously filed Application for Variance of Use, Docket No. UV-30-97, as an Application for Special Use as permitted under Zoning Ordinance Section 23.13.5. Applicant requests that the Board of Zoning Appeals, in accordance with Section 21.4.1 of the City of Carmel Zoning Ordinance, consider and approve this Application for Special Use for the construction and maintenance of an 80' commercial radio antenna structure and fully automated radio equipment building as a "tower"which is a permitted Special Use in B-2 Business Districts under Section 13.2 of the City of Carmel Zoning Ordinance, as amended by Ordinance No.Z-320. 8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet entitled "Findings of Fact-Special Use").: See Attached Detailed Description of Proposed Special Use. 9) Present zoning of the property (give exact classification): B-2/Business 10) Present use of the property: Light Commercial Industrial Warehouse Type Building 11) Size of lot/parcel in question: .2513 acres 12 Describe the proposed use of the property: See Attached Detailed Description of Proposed Special Use. 13) Is the Property: Owner occupied Yes Renter occupied Other 14) Are there any restrictions, laws, covenants, variances,special uses, or appeals filed in connection with this property that would affect its use for the specific purpose of this application? If yes, give date and docket number, decision rendered and pertinent explanation. This Application for Special Use was filed as an Application for Variance of Use, Docket No. UV-30- 97, on March 6, 1997. In addition, an Application for Appeal Request, Docket No. A-33-97, pertaining to an administrative determination,was filed on March 6, 1997. Both the Application for Variance of Use and Application for Appeal Request were tabled by the Board of Zoning Appeals at its April 28, 1997 meeting. On July 15, 1997, applicant formally requested that the Board of Zoning Appeals treat the Application for Variance of Use as an Application for Special Use, as permitted pursuant to Page 2 of 8-Special Use Application i Section 25.13.5 of the City of Carmel Zoning Ordinance, as amended by Ordinance Z-320. 15) Has work for which this application is being filed already started? If answer is yes, give details: No. Building Permit Number: N/A Builder: N/A 16) If proposed special use is granted,when will the work commence? 30 days after approval 17) If the proposed use is granted, who will operate and/or use the proposed improvement for which this application has been filed? Westel-Indianapolis Company, d/b/a Cellular One. NOTE: LEGAL NOTICE shall be published in the Noblesville Daily Ledger a MANDATORY twenty-five (25) days prior to the public hearing date and should be published in the next available publication of the Carmel News Tribune. The certified "Proof of Publication" affidavit for both newspapers 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. The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Services. The applicant certifies by signing this application that he/she has been advised that all representations of the Department of Community Development are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advice of his/her attorney. I, , Auditor of Hamilton County, Indiana, certify that the attached affidavit is a true and complete listing of the adjoining and adjacent property owners concerning Docket No. Certification Previously Submitted OWNER ADDRESS Auditor of Hamilton County, Indiana Page 3 of 8-Special Use Application 4 AFFIDAVIT I, hereby swear that I am an attorney and authorized agent for the applicant and that the forgoing 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. Signed: a J.Wallac J es A.L. Bud nbaum PARR RICHEY OBREMSKEY& MORTON, Attorneys for Westel-Indianapolis Company d/b/a Cellular One (Date) OATH STATE OF INDIANA SS: COUNTY OF MAR.1o►J Before me the undersigned, Notary Public for MNrLrcn. County, State of Indiana, personally appeared Larry J. Wallace, and he being first duly sworn by me upon his oath, says that the facts alleged in the foregoing instrument are true. Signed and sealed this /'7 .. day of July, 1997. (SEAL) (Signature) 2)04NE 7 rsrcnr Notary Public (Printed Name) My Commission Expires: L4 110C Page 4 of 8-Special Use Application CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: UV-30-97 Petitioner: Westel-lndianapolis Company, d/b/a Cellular One FINDINGS OF FACT-SPECIAL USE 1. The particular physical characteristics of the premises are suitable for the Special Use because the premises are located in a business district of mixed use. The past and present development of the area indicates that the Special Use is not inconsistent with the comprehensive plan because the area around the premises is heavily commercialized. Just as other forms of infrastructure are required for the development of a community,relay antennas for commercial mobile radio public utility service are an important part of that infrastructure. Applicant,a public utility, is required to provide adequate and reliable commercial mobile radio telecommunications service. The site is uniquely suited for and required for the Special Use because of geographic,engineering,and other technical qualifications and requirements dictating the location for radio relay towers and antennas and the system of which such antennas are a part. An antenna is needed at this specific location to provide adequate public utility communications service to the surrounding community and public. 2. The Special Use will have a positive cost/benefit effect to the community and will not adversely affect surrounding property values because the site upon which the tower and related equipment building is to be constructed,operated and maintained is directly adjacent to a government center with public safety agencies which intend to utilize the tower for their own communications antenna needs. The Special Use will not adversely affect surrounding property values because the site is located in a heavily commercialized business district with a heavy degree of existing utility poles,structures and lines and because the site will be landscaped with adequate trees and shrubs to enhance its outward appearance and create and screen and buffer around the site. 3. The Special Use is compatible with the existing uses and those permitted under current zoning in the vicinity of the premises and does not adversely affect the neighborhood's integrity or other social and neighborhood considerations because the area is currently zoned B-2/Business and includes heavily commercialized and mixed uses. The site for the special use is located on an alley behind several commercial businesses and will be shielded from the view of the general public traveling on nearby thoroughfares. 4. The Special Use premises have adequate and available utility services because the property is located near existing telephone and electrical facilities. The Special Use premises will not have any need for water or sewage services,even though both are adequate and available, because it is an unmanned telecommunications facility without need of water or sewage facilities. The Special Use premises will use existing storm drainage facilities and will not have any increased demand or effect upon such facilities because of the nature of the telecommunications tower and communications building. There is adequate and available police and fire protection for the property because of its proximity to the nearby fire station and the regularity of Hamilton County Sheriff Department patrol of the immediate area. 5. The Special Use will not adversely affect vehicular or pedestrian traffic flow in and around the premises because the tower and communications building are unstaffed and will not require regular travel to and from by applicants personnel other than for periodic and remedial maintenance visits. 6. The Board has reviewed the requirements of Ordinance Z-320,Section 21.3(July 11, 1997)as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use: DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Special Use Docket Number UV-30-97 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.) Page 8 of 8-Special Use Application Docket No. UV-30-97 750 East 106th Street DETAILED DESCRIPTION OF PROPOSED SPECIAL USE Applicant, Westel-Indianapolis Company, d/b/a Cellular One, is a public utility licensed by the Federal Communications Commission ("FCC") and certified by the Indiana Utility Regulatory Commission("IURC"), pursuant to IND. CODE § 8-1-2-88, for the provision of commercial mobile radio telecommunications service to the public in and around the Carmel community. As a public utility, Applicant is required to provide adequate and reliable commercial mobile radio telecommunications service which, in turn, requires the construction and operation of telecommunications transmitting and receiving relay antennas throughout its service area at locations dictated by customer use and system engineering requirements. By this Application, Applicant proposes to construct and maintain an 80-ft. self-supporting "monopole" with radio relay antenna and an adjacent fully automated (unstaffed) 12' x 22' radio equipment building. Applicant previously submitted an Application for Variance of Use. Pursuant to Zoning Ordinance 25.13.5, Applicant has requested that the City of Carmel Board of Zoning Appeals alternately treat the Application for Variance of Use as an Application for a Permitted Special Use. Applicant requests a permitted special use as provided in § 13.2 (B-2 /Business) of the City of Carmel Zoning Ordinance, as amended. Applicant asks the Board of Zoning Appeals to find that the proposed telecommunications tower is necessary and appropriate because the proposed public utility mobile radio telecommunications use is in significant demand in the Carmel area and this tower is required for the adequate and reliable provision of that service. The need for this special use is dictated by the reasonable determination that customer needs and system engineering requirements require the location of this telecommunications tower at the proposed location. (Doc 9009)