HomeMy WebLinkAboutPacket 5-29-01
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Petitioner: Lattice Communications, LLC
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Docket No.: SE-36-01
Site: Gray Road
May 29, 2001
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INDEX
Q Tab Description
A. Letter of Intent from Verizon Wireless
B. Coverage Maps for Verizon Wireless
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C. Letter of Intent from Voicestream
D. Coverage Maps for V oicestream
t4, E. Letter of Intent from Sprint PCS
F. Coverage Maps for Sprint PCS
G. Statement of Commitments
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H. Blackline of Commitments showing changes from
April 23, 2001 hearing
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May I, 2001
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Verlzon Wll'eless
Gloria Hess
250 East 961b Street
Indianapolis, IN 46240
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Lattice Communications, LLC
ATTN: Mike Jones
441 Vine Street, Suite 3900
Cincinnat~ OR 45202
Dear Mr. Jones:
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This letter shall Serve as a statement ofVerizon Wireless' interest in collocating on Lattice Communication~s
proposed telecommunication site at the Carmel Gray Substation in the City of Cannel's jurisdictiolL Veiizon' s
radio engineers have determined that antennas slick mounted at eighty (80) feet will meet their objectives.
Enclosed you will find the radio frequency plots with and without the proposed site, the latter of which
substantiates the need for this site.
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Please submit this letter to the City of Cannel's Planning Department as evidence ofVerizon's interest in and
support of Lattice Communication's application for zoning approval.
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Gloria ess
Property Manager Administrator
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VOICESTREAM WIRELESS
6215 Morenci Trail
Indianapolis, IN 46268
FAX: 317-347.7019
May 1. 2001
fi1 Dear Members of the Board of Zoning Appeals;
To inject competition into lhe telecommunications industry, the Federal Communication Commission (FCC) auctioned
off radio frequency licenses to entrepreneurial companies including VoiceStream. The FCC requires licensees to provide
adequate and reliable service in the licensed area.
In order to fulfill this requirement for its license in the Carmel area, VoiceStream needs to provide continuous.
uninterrupted wireless communication services to Carmel, West of Gray Road. and North of 106111 Street as well as the
surrounding areas. The proposed site. MW07173 (St. Elizabeth). is located at the Cinergy substation, roughly halfwa.y
between 116'" and 10611I Street off of Gray Road, Carmel. IN. It will provide the needed coverage and capacity that is
required in this area.
Technical RF requirements determine the optimal antenna location and height. Sufficient signal strength is required to
handofffrom one site to another. If the site is too far from its neighboring sites, tbe signal strength is too weak and a
coverage hole exists between the sites. Randoffs 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 setup failure, degradation in voice quality, and dropped calls.
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The pes licenses which were granted by the FCC operate at 1850-1990 MHz. At this frequency range. the pes
licensees will not cause interference in the frequencies that cellular, CB's, Two-way Radios, pagers. 911 Dispatch
System (Police. Fire, Ambulance), Doppler Radar Systems. AM. PM. and television operates at.
VoiceStream takes every opportunity to collocate on existing structures of height such as other carriers' sites, rooftops.
water tanks. and radio towers. With over 65% of its sites on existing structures. VoiceStream leads Indiana's
telecommunications industry in efforts to collocate. Additionally. VoiceStrearn is working with Lattice Communications
to collocate on an already existing 80 foot wooden pole located in a Cinergy PSI substation.
The proposed site is neighbored to the West by MW070S0 (Carmel Drive). to the Nolth by MW07146 (Northvlew), to
the East by MW07137 (Fishers), and to the South by MW0714S (96" & Hazel Dell). All of which are "on-air", The
proposed site is locked into its location by these neighboring sites. The optimal antenna centerline to achieve RF
requirements for the proposed site is 150 feet above ground level, but could be as low as 80 feet and still work. We
respectfully request that you approve the location and height of this site.
Without the proposed site, Voic:eStream would suffer several hardships: 1) disruption of the network design; 2) problems
with handoffs and interference with neighboring sites; 3) compromise the needed coverage to Carmel, Nolth of 1()6l'
Street and West of Gray Road; 4) capacity requirements for this area; 5) inability to provide adequate and reliable
coverage to the public.
If you have any questions, please feel free to give me a call at (317) 347.7067.
Sincerely,
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.. Jason Bechtel
RF Engineer
VoiceStream Wireless - Midwest Market
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98D1 Higgins Road SuIte 220
Rosemont. Illinois 60018
Telephone 847-384-3191
Fax 847-3B4-3I161
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May 21,2001
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Lattice Communications. LLC
441 Vine Street
Cincinnati, Ohio 45202
Dear Mr. Jones:
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This letter shall serve as a statement of Sprint PCS interest in collocating on Lattice
Communication's proposed telecommunication site at the Cannel Gray Substation in the
City of Cannel's jurisdiction. Sprint PCS's radio engineers have dctcnnined that
antennas slick mounted at eighty (80) feet will meet their objectives. Enclosed you will
find the radio frequency plots with and without the proposed site, the latter of which
substantiates the need for this site.
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Please submit this letter to the City of Carmel's Planning Department as evidence of
Sprint PCS's interest in and support of Lattice Communication's application for Zoning
approval.
Sincerely,
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Joseph Espinosa
Property Specialist - Indianapolis
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PLANET V2,8
Mobile Systems International Inc
Man May 21 09: 45: 24 2001
Centre Long: 86 04'45.4"W Lat: 39 57'01.2
Scale: 1: 39589
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Mon May 21 09: 40: 35 2001
Centre Long: 8604'45.4"W Lat: 39 57'01.<
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STATEMENT OF COMMITMENTS
COMMITMENTS CONCERNING THE USE OF DEVELOPMENT OF REAL ESTATE
MADE IN CONNECTION WITH A SPECIAL USE
In accordance with I.C. 36-7-4-921, Lattice Communications, LLC, a Delaware limited
liability company ("Petitioner"), the lessee of certain real estate located in Hamilton County, City
of Carmel, Indiana, which is further described in Exhibit A attached hereto and incorporated
herein by reference ("Real Estate"), makes the following commitments concerning the use and
development of the Real Estate in connection with its petition for a special use involving the
Real Estate:
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STATEMENT OF COMMITMENTS
1.
Petitioner hereby agrees not to file or seek approval from the CarmeVClay Board of
Zoning Appeals (the "BZA") or its successor governmental agency for any special
exceptions, special uses, use variances or variances from development standards to
permit more than three wireless telecommunication providers to place, erect or install
antennas on any currently existing or future poles or towers located on the Real
Estate.
2.
Petitioner hereby agrees not to file or seek approval from the CarmeVClay Board of
Zoning Appeals or its successor governmental agency for any special exceptions,
special uses, use variances or variances from development standards to permit more
than four wireless telecommunication provider to install, construct or erect equipment
on the Real Estate.
3.
Petitioner hereby agrees to install. or permit the installation of wireless
telecommunication antenna and related equipment only on the three poles as noted on
the site plan prepared by GPD Associates, dated March 5, 2001 as Job No. 2000072,
a copy of which is attached hereto as Exhibit B (the "Site Plan"). Each pole shall
have the equipment of not more than one wireless telecommunication provider.
4.
Petitioner shall, as soon as practicably possible after the placement of wireless
telecommunication equipment on a pole, construct and install or cause the
construction or installation of (i) a nine (9) feet tall wood shadow box fence around
the pole and associated equipment as shown on the Site Plan, and (ii) a fifteen (15)
foot landscaped and maintained area, composed of trees not less than two and one-
half (2 ~) inches (caliper) in size (measured at forty (40) inches and spaced fifty (50)
feet on center).
5.
Upon approval by the BZA of Petitioner's special use filed as Case No. SU-36-0l, to
permit the wireless telecommunication facilities to be installed and constructed on the
Real Estate, subject to conditions acceptable to Petitioner (the "Special Use"), the.
owners of real property directly adjacent to the Real Estate may submit a landscaping
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plan of the Real Estate and adjacent real estate (the "Landscape Plan"), which may
include landscaping, fencing and mounding, to Petitioner. Provided Cinergy/PSI
approves the Landscape Plan, such Landscape Plan does not interfere with the
operation of the proposed wireless telecommunication facilities, and such
Landscaping Plan complies with all applicable laws, regulations and ordinances,
including the Carmel/Clay Zoning Ordinance, Petitioner shall cause the installation of
the landscaping, fencing and mounding pursuant to the Landscape Plan as soon as
reasonably possible after the thirty first (3151) day after the date on which the BZA
approves the Special Use without appeal by writ of certiorari or otherwise, weather
permitting. Notwithstanding anything in this Paragraph 5 to the contrary, in no event
shall Petitioner be obligated to pay more than the sum of Eighty Thousand Dollars
($80,000) for the installation of the Landscape Plan. Petitioner further agrees to
cooperate and assist with the filing and acquisition of any variances requested by the
owners of real property directly adjacent to the Real Estate that are directly related to
and necessary to install the Landscape Plan; provided, however, that any money spent
by Petitioner in furtherance of such a variance shall be included in and credited
against the Eighty Thousand Dollar ($80,000) spending cap.
6.
Petitioner shall permit no other types of antennas to be placed on the poles located on
the Real Estate except for "slick mount" antennas as depicted on the photograph
attached hereto as Exhibit C.
7.
Petitioner and its successors and assigns shall, at their sole cost, maintain, in a manner
that is normal and customary for commercial real estate in central Indiana, the
landscaping and fencing installed on the Real Estate pursuant to the Landscape Plan,
including mulching, weed control and fertilization, and repair and/or replacement of
fencing and dead or diseased trees and plant material with identical kind of tree or
plant material if available in central Indiana, unless a tree or plant material is
destroyed or killed by the negligence or intentional act of the owner of real estate
located adjacent to the Real Estate. If a specific type of tree or plant material is not
available, a similar tree or plant material may be substituted. Further, Petitioner shall
not be obligated to maintain, repair or replace any portion of the Landscape Plan that
is (i) not located on the Real Estate, or (ii) removed by Cinergy/PSI or its successor in
interest to the Real Estate for the purpose of providing electricity to its customers.
MISCELLANEOUS
1.
The Commitments shall be binding on the Petitioner, and any successor in interest to
Petitioner's interest in the Real Estate.
2.
The Commitments shall be effective upon the adoption of Petitioner's special
use/Case No. SU-36-01 by the BZA, and shall continue in effect so long as (i) the
Real Estate is used for wireless telecommunication purposes, or (ii) until these
Commitments are vacated by the BZA after a duly and properly notified public
hearing.
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3.
The Commitments may be enforced by the City or Carmel, Indiana, the BZA or its
duly authorized agent.
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IN WITNESS WHEREOF, the Petitioner has executed this instrument on the _
day of ,2001.
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LATTICE COMMUNICATIONS, LLC
(signature)
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(printed name and title)
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STATE OF
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COUNTY OF
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Before me, a Notary Public in and for the State of , personally
appeared , the of Lattice
Communications, LLC, a Delaware limited liability company, who, having been first duly
sworn, acknowledged the execution of the foregoing on behalf of said company and stated that
any representations therein contained are true.
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Witness my hand and Notarial Seal this
day of
,2001.
Signature
(Notary Public)
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Printed
My Commission Expires:
County of Residence:
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This instrument was prepared by Timothy E. Ochs, Attorney at Law, ICE MILLER, One
American Square, Box 82001, Indianapolis, Indiana 46282-0002, (317) 236-2100.
789855
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STATEMENT OF COMMITMENTS
COMMITMENTS CONCERNING lliE USE OF DEVELOPMENT OF REAL ESTATE MADE IN
CONNECTION WIlli A SPECIAL USE
In accordance with I.C. 36-7-4-921, Lattice Communications, LLC, a Delaware limited liability company
("Petitioner"), the lessee of certain real estate located in Hamilton County, City of Carmel, Indiana, which is further
described in Exhibit A attached hereto and incorporated herein by reference ("Real Estate"), makes the following
commitments concerning the use and development of the Real Estate in connection with its petition for a special use
involving the Real Estate:
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STATEMENT OF COMMITMENTS
1.
Petitioner hereby agrees not to file or seek approval from the Carmel/Clay Board of Zoning Appeals
(the "BZA") or its successor governmental agency for any special exceptions, special uses, use
variances or variances from development standards to permit more than three wireless
telecommunication providers to place, erect or install antennas on any currently existing or future poles
or towers located on the Real Estate.
2.
Petitioner hereby agrees not to file or seek approval from the Carmel/Clay Board of Zoning Appeals
or its successor governmental agency for any special exceptions, special uses, use variances or
variances from development standards to permit more than four wireless telecommunication provider
to install, construct or erect equipment on the Real Estate.
3.
Petitioner hereby agrees to install or permit the installation of wireless telecommunication antenna and
related equipment only on the three poles as noted on the site plan prepared by GPD Associates, dated
March 5, 2001 as Job No. 2000072, a copy of which is attached hereto as Exhibit B (the "Site Plan").
Each pole shall have the equipment of not more than one wireless telecommunication provider.
4.
Petitioner shall, as soon as practicably possible after the placement of wireless telecommunication
equipment on a pole, construct and install or cause the construction or installation of (i) a wn (lQ) nine
(2l feet tall wood shadow box fence around the pole and associated equipment as shown on the Site
Plan, and (ii) lanEiBsaping tr~~s annmd sash fence as shawll an the ~ite PlaB, lHlless a1Berwise ImEte
l:HHlecessary by ather landscaping, feasiag ar maliBdiBg reasanably calcalated ta pf9'lide as mach ar
mare 'lisaal screening af gf9Wld level eqaiflment as SliGh fence and laadssapiBg. a fifteen (15) foot
landscaoed and maintained area. comoosed of trees not less than two and one-half (2 Yz) inches
(calioer) in size (measured at fortY (40) inches and soaced fifty (50) feet on center).
5.
Upon approval by the BZA of Petitioner's special use filed as Case No. SE SU-36-01, to permit the
wireless telecommunication facilities to be installed and constructed on the Real Estate, subject to
conditions acceptable to Petitioner (the "Special Use"), the owners of real property directly adjacent to
the Real Estate may submit a landscaping plan of the Real Estate and adjacent real estate (the
"Landscape Plan"), which may include landscaping, fencing and mounding, to Petitioner. Provided
Cinergy/PSI approves the Landscape Plan and. such Landscape Plan does not interfere with the
operation of the proposed wireless telecommunication facilities, and such Landscaoing Plan comolies
with all aoolicable laws. regulations and ordinances. including the Carmel/Clay Zoning Ordinance.
Petitioner shall cause the installation of the landscaping, fencing and mounding pursuant to the
Landscape Plan as soon as reasonably possible after the thirty first (31 SI) day after the date on which the
BZA approves the Special Use without appeal by writ of certiorari or otherwise, weather permitting.
Notwithstanding anything in this Paragraph 5 to the contrary, in no event shall Petitioner be obligated
to pay more than the sum of Eighty Thousand Dollars ($80,000) for the installation of the Landscape
Plan. Petitioner further agrees to coooerate and assist with the filing and acquisition of any variances
requested bv the owners of real orooertv directly adiacent to the Real Estate: orovided. however. that
any money soent bv Petitioner in furtherance of such a variance shall be included in and credited
against the Eiehtv Thousand Dollar ($80.000) so ending cao.
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STATE OF
COUNTY OF
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6.
Petitioner shall permit no other types of antennas to be placed on the poles located on the Real Estate
except for "slick mount" antennas as depicted on the photograph attached hereto as Exhibit C.
7.
Petitioner and its successors and assigns shall, at their sole cost, maintain, in a manner that is normal
and customary for commercial real estate in central Indiana, the landscaping and fencing installed on
the Real Estate pursuant to the Landscape Plan, including mulching, weed control and fertilization, and
repair and/or replacement of fencing and dead or diseased trees and plant material with identical kind
of tree or plant material if available in central Indiana, unless a tree or plant material is destroyed or
killed by the negligence or intentional act of the owner of real estate located adjacent to the Real
Estate. If a specific type of tree or plant material is not available, a similar tree or plant material may
be substituted. Further, Petitioner shall not be obligated to maintain, repair or replace any portion of
the Landscape Plan that is (i) not located on the Real Estate, or (ii) removed by Cinergy/PSI or its
successor in interest to the Real Estate for the purpose of providing electricity to its customers.
MISCELLANEOUS
1.
The Commitments shall be binding on the Petitioner, and any successor in interest to Petitioner's
interest in the Real Estate.
2.
The Commitments shall be effective upon the adoption of Petitioner's special use/Case No. SE SU-36-
o I by the BZA, and shall continue in effect so long as (i) the Real Estate is used for wireless
telecommunication purposes, or (ii) until these Commitments are vacated by the BZA after a duly and
properly notified public hearing.
3.
The Commitments may be enforced by the City or Carmel, Indiana, the BZA or its duly authorized
agent.
IN WITNESS WHEREOF, the Petitioner has executed this instrument on the _ day of
, 2001.
LATTICE COMMUNICA nONS, LLC
(signature)
(printed name and title)
)
) SS:
)
Before me, a Notary Public in and for the State of , personally appeared
, the of Lattice Communications, LLC, a Delaware limited
liability company, who, having been first duly swom, acknowledged the execution of the foregoing on behalf of said
company and stated that any representations therein contained are true.
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Witness my hand and Notarial Seal this
day of
,2001.
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Signature
(Notary Public)
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Printed
My Commission Expires:
County of Residence:
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This instrument was prepared by Timothy E. Ochs, Attorney at Law, ICE MILLER, One American Square, Box
82001, Indianapolis, Indiana 46282-0002, (317) 236-2100.
789855
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