Loading...
HomeMy WebLinkAboutApplications " -... . u o Page 1 0[2 Conn, Angelina V Conn, Angelina V Monday, May 15, 2006 11 :46 AM Tingley, Connie S Coy, Sue E; Morrissey, Phyllis G; Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona B; Brennan, Kevin S; Griffin, Matt L; Littlejohn, David W; DeVore, Laura B; Lillard, Sarah N; Holmes, Christine B; Blanchard, Jim E; 'jmolitor@prodigy.net'; Duncan, Gary R; 'jbuddenbaum@parrlaw.com' UPDATED: Docket No. Assignment: (SE,V) Cingular Wireless Communications Tower (#06040014 SE, 06040015 V, 06050009 V) Attachments: BZA Public Notice Sign Procedure.pdf; TAC members.doc From: Sent: To: Cc: Subject: I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for (SE,V) Cingular Wireless Communications Tower. They will be the following: Total Fee: $1,336.00 $1,016.00 $481.00 $2,833.00 Docket No. 06040014 SE Docket No. 06040015 V Docket No. 06050009 V Cingular Wireless Communications Tower The applicant seeks the following special exception and development standards variance approvals: Docket No. 06040014 SE ZO Chapter 20H.02 Special Exception Uses Docket No. 06040015 V ZO Chapter 25.13.1.B.i Distance from Residential Property Docket No. 06050009 V ZO Chapter 25.13.01.3 Tower landscape requirements The site is located at Brookshire Golf Course, northwest of 116th St and Gray Rd. The property is zoned P- 1/Parks & Recreation. Filed by Jim Buddenbaum of Parr Richey Obremskey & Morton. - Petitioner, please note the following: 1. This Item will appear on the June 21 agenda of the Technical Advisory Committee. The site plan submittal deadline to all TAC members is June 6. 2. Mailed and Published Public Notice needs to occur no later than Thursday, June 1. Published notice is required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is required; see attached pdf. 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, June 23, 2006. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON. Friday, June 16, 2006. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the July agenda of the BZA. 5. This Item will appear on the June 26, 2006 agenda of the Board of Zoning Appeals under Public Hearings. 6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot sheets must be collated. 7.) PETITIONER: refer to your instruction sheet for more details. Mr. Buddenbaum can be contacted at 269-2500 (phone), 269-2514 (fax) or email: ibuddenbaum@parrlaw.com . Department's Review Comments; Petitioner, please complete the following: 1.) Make sure the public notice meeting time to the newspaper and neighbors reads 6 p.m. It is suggested to send the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317-444-7163 or 5/15/2006 o o Page 2 of2 email: publicnotices@indystar.com). 2.) Plans must be submitted to TAC members by June 6. Attached is the TAC members list. Provide copies of Letters of Transmittal to DOCS as proof of delivery. 3.) Provide filled out and notarized the Petitioner's Public Notice Affidavits (page 6 of both applications). 4.) Equipment Building: show that the humming/buzzing of the equipment will not be heard by the nearest neighbor. 5.) Will the proposed equipment building be able to house other co-locators & their equipment? 6.) Per Chapter 25.13.01.7, provide commitments regarding co-location. 7.) Lighting: will this monopole have a strobe light or any lighting? 8.) Please provide an exhibit showing the proposed tower's coverage area. 9.) Provide an exhibit showing Cingular's current coverage area and gaps of service in the township. 10.) Fence Type: discuss whether or not the homeowners' association would prefer a shadowbox fence to a chain-link fence. 11.) Please make checks payable to the City of Carmel. 12.) Additional comments may be made at the TAC meeting. Thank you. Angie Conn, Planning Administrator Lv 5/15/2006 / .IV. ~ &cOdffld el,. ~ 2.cJV~ ~ e ,- .-z.- '3, / - 0 C 1-02 ~ 1- I ')- -ZOo?.. i l... L '2-0 6vD'o Ie S h...t~ P i<-. J. ., '. 1_ -."... . u u Page 1 of2 Conn, Angelina V Sent: To: Cc: From: Conn, Angelina V Wednesday, April 12, 20061 :21 PM Tingley, Connie S Coy, Sue E; Morrissey, Phyllis G; Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona B; Brennan, Kevin S; Griffin, Matt L; Littlejohn, David W; DeVore, Laura B; Lillard, Sarah N; Holmes, Christine B; Blanchard, Jim E; 'jmolitor@prodigy.net'; Duncan, Gary R; 'jbuddenbaum@parrlaw.com' Subject: Docket No. Assignment: (SE,V) Cingular Wireless Communications Tower (#06040014 SE & 06040015 V) I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for (SE,V) Cingular Wireless Communications Tower. They will be the following: Docket No. 06040014 SE Docket No. 06040015 V Total Fee: $1,336.00 $1,016.00 $3,352.00 Cingular Wireless Communications Tower The applicant seeks the following special exception and development standards variance approvals: Docket No. 06040014 SE ZO Chapter 20H.02 Special Exception Uses Docket No. 06040015 V ZO Chapter 25.13.1.B.i Distance from Residential Property The site is located at Brooksh ire Golf Course, northwest of 116th St and Gray Rd. The property is zoned P- 1/Parks & Recreation. Filed by Jim Buddenbaum of Parr Richey Obremskey & Morton. Petitioner, please note the fOIlOW~~~ ;{<.rtte- z.. i 1. This Item will appear on the agenda of the Technical Advisory Committee. The site plan submittal deadline to all TAC members is May 2. 2. Mailed and Published Public Notice needs to occur no later than Thursday, April 27. Published notice is required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is required; see attached pdf. 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, May 19, 2006. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 4. The Filing Fee and Ni",J~) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON. Friday, Miy~, 2006. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the June 26 agenda of the BZA. 5. This Item will appear on the ~, 2006 agenda of the Board of Zoning Appeals under Public Hearings. 0lJ~ 6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot sheets must be collated. 7.) PETITIONER: refer to your instruction sheet for more details. Mr. Buddenbaum can be contacted at 269-2500 (phone), 269-2514 (fax) or email: ibuddenbaum@parrlaw.com . Department's Review Comments: Petitioner. please complete the following: 1.) Make sure the public notice meeting time to the newspaper and neighbors reads 6 p.m. It is suggested to send the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317-444-7163 or email: publicnotices@indystar.com). 2.) Plans must be submitted to TAC members by May 2. Attached is the TAC members list. Provide copies of Letters of Transmittal to DOCS as proof of delivery. 3.) Provide filled out and notarized the Petitioner's Public Notice Affidavits (page 6 of both applications). 4.) Please provide material used and color elevations of the equipment building. 4/1212006 I o u Page 2 of2 5.) Please bring material and color samples to the BZA meeting. 6.) Per Chapter 25.13.01.7, provide commitments regarding co-location. 7.) Will the proposed equipment building be able to house other co-locators & their equipment? 8.) Please provide an exhibit showing the proposed tower's coverage area. 9.) Provide an exhibit showing Cingular's current coverage area and gaps of service in the township. 10.) Landscape Plan: re-review the requirements of Chapter 25.13.01.3 regarding plant type, spacing and planting area width. 11.) Fence Type: discuss whether or not the homeowners' association would prefer a shadowbox fence to a chain-link fence. 12.) Lighting: will this monopole have a strobe light or any lighting? 13.) Equipment Building: show that the humming/buzzing of the equipment will not be heard by the nearest neighbor. 14.) On the site plan, show/label the distance of the tower to the closest property line, and show/label the required distance from a residential property. 15.) Please make checks payable to the City of Carmel. 16.) Additional comments may be made at the TAC meeting. Thank you. Angie Conn, Planning Administrator 4/12/2006 - , i CITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY, INDIANA '. AMBID..ED APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENT STANDARDS VARIANCE '" ,~ FEE: Single Family (Primary Residence) $267.00 for the first variance, plus $80.00 for each additional section of the ordinance being varied. All Other $1,016.00 for the first variance, plus $481.00 for each additional section of the ordinance being varied. OR see Hearing Officer Fees OloOSCQbq vi DATE RECEIVED: Cj~/5-C)VJ DOCKET NO.: \' 1) Applicant: New Cingular Wireless PCS, LLC Address: 8888 Keystone Crossing, Suite 300, Indianapolis, Indiana, 46250 Brookshire Golf Course Wireless Antenna Phone: (317) 581-2507 2) Project Name: Engineer/Architect: First Group Engineering, Inc. Phone: (317) 290-9549 (317) 269-2500 (317) 269-2514 Attorney: James A.L. Buddenbaum PARR RICHEY OBREMSKEY & MORTON Phone: Fax: 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 has entered into a lease with owner 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Brookshire First Mortgage, LLC Owner's address: 163 Ferry Road, Old Saybrook, CT 06475 Phone: (603) 338-5737 5) Record of Ownership: Deed Book No.llnstrument No. 200200019973 Page: N/A Purchase Date: March 8, 2002 6) Common address of the property involved: 12120 Brookshire Parkway Legal description: See attached Tax Map Parcel No.: 16-10-32-00-00-012.001 7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section numbers(s) of the Carmel/Clay Zoning Ordinance which applies and/or creates the need for this appeal). Applicant requests locatinq the tower approximately 134' from the south adiacent property line makinq the development standards variance necessarv pursuant to Section 25.13(1 )(B)(ii) of the Carmel/Clay Zoninq Ordinance which requires the tower to be the heiqht of the tower (135' plus 5' liqhtninq rod totalinq 140') plus 100' from adiacent residential property lines. Thus. a development variance of 106' is requested. EurtheL-Applicant re.cwe~n additionalJiel.le1Qpment st~riance of the lands.cape reauirements under Chapter 25 13 01.3 of the Zonina Ordinance to allow for a sinale continuou.s...row of arborvitae around the fenced area rather than a 15-'Janclscap,e strip and other reauiremenls.J2i.Chapte.L.25 1301 3 Page 1 of 8 - z:lsharedlformslBZA applicationslDevelopment Standards Variance Application rev. 01/03/06 -., r 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact - Development Standards Variance"). See attached Amended Detailed Description of Proposed Special Exception and Development Variance and Proposed Findings of Fact 9) Present zoning of the property (give exact classification): P-1 (Park) 10) 11 ) Present use of the property: Public Golf Course Size of lot/parcel in question: 123.19 12 Describe the proposed use of the property: See Amended Detailed Description of Special Exception and Development Standards Variance 13) Is the Property: Owner occupied Renter occupied Other Yes 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. No 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 appeal is granted, when will the work commence? Within 6 months 17) If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this application has been filed? New Cingular Wireless PCS, LLC NOTE: LEGAL NOTICE shall be published in the Noblesville Dailv Ledqer 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.) 3) 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. Page 2 of 8 - z:lsharedlformslBZA applicationslDevelopment Standards Variance Application rev. 01/03/06 AFFIDAVIT I, hereby swear that I am the attorney for the owner/contract purchaser of property involved in this application and that the forgoing signatures, statements and answers herein contained and the information herewith sub itted are in all respects true and correct to the best of my knowledge and belief. I, the undersi ned, a or" e plicant to act on my behalf with regard to this application and subsequent h sand i (Please Print) STATE OF INDIANA SS: County of Marion Before me the undersigned, a Notary (County in which notarization takes place) Public for Marion County, State of Indiana, personally appeared (Notary Public's county of residence) James A.L. Buddenbaum, Attorney for Petitioner and Power of Attorney for Property Owner and acknowledge the execution of the (Property Owner, Attorney, or Power of Attorney foregoing instrument this day of ~Mav _ ,20~. ~rn. (lp:ii2 . Notary Public - Signat re (SEAL) - - - ^ - - - - - Jane M. Pratt Notary Public - Please Print My commission expires: 2/14/07 Page 4 of 8 - z:lsharedlformslBZA applicationslDevelopment Standards Variance Application rev. 01/03/06 j' -. '-:,." '" - ' ~ ;;...-'" :... ..~ '\-. .... - ~, .' - 1- u o AFFIDAVIT I, hereby swear that I am the attorney for the owner/contract purchaser of property involved in this application and that the forgoing signatures, statements and answers herein contained and the information herewith submitt are in all respects true and correct to the best of my knowledge and belief. I, the undersigned, authori the ant to act on my behalf with regard to this application and subsequent h nd i ny. ~s A. L, Btd.J.e;-b;twY1 (Please Print) STATE OF INDIANA SS: County of Marion Before me the undersigned, a Notary (County in which notarization takes place) Marion County, State of Indiana, personally appeared (Notary Public's county of residence) Public for James A.L. Buddenbaum. Attornev for Petitioner and Power of Attornev for Prooertv Owner and acknowledge the execution of the (Property Owner, Attorney, or Power of Attorney dwAeOl~~. foregoing instrument this day of ,20~. ~f1J;lu{k1t- (SEAL) ~ ,~ Jane M. Pratt Notary Public - Please Print -:":'-~... '" -- My commission expires: 2/14/07 Page 4 of 8 - z:\sharedlforms\BZA applications\Development Standards Variance Application rev. 01/03106 CITY OF CARMEL AND CLAY TOWNSHIP BOARD OF ZONING APPEALS CONSENT FORM The undersigned, Ralph Little III, Manager and authorized representative of Brookshire First Mortgage, LLC, owner of the property commonly known as 12120 Brookshire Parkway, Carmel Indiana and also know as the Brookshire Golf Course, hereby authorizes New Cingular Wireless PCS, LLC and its attorneys Parr Richey Obremskey & Morton to file and present land development petitions necessary for the aforementioned address before the appropriate governmental bodies. This consent shall remain in effect until revoked by a written statement filed with the City of Carmel and Clay Township Board of Zoning Appeals. BROOKSHIRE FIRST MORTGAGE, LLC Yf/l~ By: Ralph Little for Clare Holdings. LLC (Printed Signature) Its Manager (Title) STATEOF C'I ) ) SS: M(s.J-(~ COUNTY OF New W.-- ) Subscribed and Sworn to before me this ~:~3~ Printed Signature ~ ~ day of ~-r ,1 , 2006. My Commission Expires: Daemeon Banks Notary Public My Commission Expires June 30.2008 COl.mty of Residence: ~lt.v-"~ci -- I I w' u CITY OF CARMEL - CLAY TOWNSHIP " HAMILTON COUNTY,INDIANA /' {\ .. APPLICATION FOR BOARD OF ZONING APPEALS ACTION I SPECIAL EXCEPTION APPROVAL REQUEST t r)r:;r',,:,~~ ';i"q ~'-'J._i VtL' APfI .. I" ?O'W 1_, ~.~) Fee $1,287.50 plus $103.00 per acre \ \ '~, DOCS "'-.. / "-..., DOCKET NO.: E . DATE RECEIVED: 1) Applicant: New Cingular Wireless PCS, LLC Address: 8888 Keystone Crossing, Suite 300, Indianapolis, IN 46240 2) Project Name: Brookshire Golf Course Wireless Antenna Phone: (317) 581-2507 Engineer/Architect: First Group Engineering, Inc. Phone: (317) 290-9549 Attorney: James A. L. .Buddenbaum PARR RICHEY OBREMSKEY & MORTON Phone: (317)269-2500 FCtx'. 31,- 2(oQ - 2 51l/ j buddenbauWl @> pa.r'r'law. c...cVV'\ 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 has entered a into a lease with the owner 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Brookshire First Mortgage, LLC Owner's address: 163 Ferry Road, Old Saybrook, CT 06475 Phone: (603) 338-5737 5) Record of Ownership: Deed Book No./lnstrument No. 200200019973 Page: N/A Purchase Date: March 8, 2002 6) Common address of the property involved: 12120 Brookshire Parkway Legal description: See attached Tax Map Parcel No.: 16-10-32-00-00-012.001 7) State explanation of requested Special Exception: Special Exception of a wireless communication service tower in a P-1 park district Z 0 cko...p~ 2 D rt . 0'2 8) State reasons supporting the Special Exception: (Additionally, complete the attached question sheet entitled "Findings of Fact - Special Exception"). See Attached Detailed Description of Special Exception and Development Standards Variance and Findings of Fact Page 1 of 9 - Z:\shared\forms\8ZA applications\Special Exception Application rev. 01/04105 u /" U Present zoning of the property (give exact classification): P-1 (Park) 9) 10) 11 ) Present use of the property: Brookshire Public Golf Course Size of lot/parcel in question: 123.19 acres 12 Describe the proposed use of the property: See Attached Detailed Description of Proposed Special Exception and Development Standards Variance 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. No 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: N/A Builder: N/A 16) If proposed special exception is granted, when will the work commence? Within 6 months 17) If the proposed use is granted, who will operate and/or use the proposed improvement for which this application has been filed? New Cingular Wireless PCS, LLC NOTE: LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twenty-five (25) days prior to the public hearing date. 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 twenty4ive (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. Page 2 of 9 - Z:\shared\fonns\BZA applications\Special Exception Application rev. 01/04/05 .;:~ . ,:-....'. f:. .- :: ~... : - - .' - u u AFFIDAVIT I, hereby swear that I am the owner/contract purchaser of property involved in this application 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. I, the undersigned, authorize the applic my behalf with regard to this application and subsequent hearings and te' y. . L. Budden m RICHEY OBREMSKEY & MORTON . ttorneys for New Cingular Wireless PCS, LLC and Attorney-in-Fact for Brookshire First Mortgage, LLC JafY)eS A.~, B~ Please Print STATE OF INDIANA SS: County of Marion (County in which notarization takes place) Before me the undersigned, a Notary Public for Marion (Notary Public's county of residence) County, State of Indiana, personally appeared James A.L. Buddenbaum. Attornev for Petitioner and Power of Attornev for Propertv Owner and acknowledge the execution of the foregoing instrument(Property Owner, Attorney, or Power of Attorney) this 6th day of ,20~. ~fl2:f}wk (SEAL) April (SEAL) Jane M. Pratt Notary Public - Please Print My commission expires: 2/14/07 - .- Page 4 of 9 - Z:\shared\fonns\BZA applications\Special Exception Application rev. 01/04/05 u Q 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 , 2006 at 6:00 p.m. in the City Council Chambers, 2nd floor of City Hall, One (1) Civic Square, Carmel, Indiana, 46032, will hold a Public Hearing upon a Special Exception application for the construction and maintenance of a 140' Wireless Communications Tower and Antenna and fully automated radio equipment building on property being known as 12120 Brookshire Parkway, Carmel, Indiana. The application is identified as Docket No. The real estate affected by said application is described as follows: (See attached 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. James A.L. Buddenbaum, PARR RICHEY OBREMSKEY & MORTON, for New Cingular Wireless PCS, LLC Page 5 of 9 - Z:\shared\forms\BZA applications\Special Exception Application rev. 01/04/05 u o PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEUCLAY BOARD OF ZONING APPEALS I, James A. L. Buddenbaum, DO HEREBY CERTIFY THAT A LEGAL NOTICE OF PUBLIC HEARING BEFORE THE CARMEUCLAY BOARD OF ZONING APPEALS CONSIDERING DOCKET NUMBER WAS GIVEN AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO THE DATE OF THE PUBLIC HEARING TO THE BELOW LISTED OF ADJOINING AND ABUTTING PROPERTY OWNERS: OWNER ADDRESS List Previously Submitted James A. L. Buddenbaum STATE OF INDIANA SS: County of Before me the undersigned, a Notary Public (County in which notarization takes place) for County, State of Indiana, personally appeared (Notary Public's county of residence) and acknowledge the execution of the foregoing instrument (Property Owner, Attorney, or Power of Attorney) this day of ,20_. Notary Public - Signature (SEAL) Notary Public - Please Print My commission expires: Page 6 of 9 - Z:\shared\forms\BZA applications\Special Exception Application rev. 01/04/05 u w CARMEUCLA Y BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: New Cingular Wireless PCS, LLC FINDINGS OF FACT. SPECIAL EXCEPTION 1. The approval will not be injurious to the public health, safety, morals and welfare of the community because: the proposed use does not create any air. water. noise or other pollution or affect the safety. morals or aeneral welfare of the community in any manner. In fact. the proposed use provides a necessary and important public utility service in the area surroundina this particular site and aenerally. the area of Carmel/Clay. Indiana. Once constructed. it will only be visited for periodic maintenance and emeraencies. usually by a sinale vehicle. thus not creatina any traffic. The site will be located a substantial distance from all surroundina property lines (East = 519'; West = 621': South = 134': North = 549') and will be substantially screened by existina larae trees and substantial landscapina and fencina around the eauipment area. As depicted on the photoaraphic simulations. most properties will not have a line of siaht to even see the tower. 2. The use and value of the area adjacent to the property included in the will not be affected in a substantially adverse manner because: the tower will be substantially out of view of the adiacent property owner's line of siaht because of the larae surroundina trees and because the site is located on a larae parcel (123.19 acres) creatina another natural buffer to the surroundina properties. 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: Applicant is a public utility licensed by the Federal Communication Commission (FCC) and holds a certificate from the Indiana Utility Reaulatory Commission (IURC) to provide adeauate and reliable service for those subscribers that use commercial mobile radio telecommunication service for personal. business or emeraency purposes. As such. to provide adeauate and reliable service. Applicant reauires antennas located at locations throuahout the service area. which are dictated by customer demand and system enaineerina reauirements. If Applicant is unable to construct and maintain this proposed antenna. its service will be unnecessarily impaired in the Carmel area and its ability to compete for subscribers will be diminished. The property is currently used as a aolf course and the resources aenerated from the lease arranaement for this site could be utilized to enable that use to continue. 4. It will constitute an unnecessary hardship for the Applicant of the special exception is denied, in that there are no existing approved towers or other structures in the vicinity of the premises under consideration which would be suitable for the collocation of the equipment that the Applicant needs to locate in such vicinity, having regard to the following factors (a) Whether the needed equipment will exceed the structural capacity of such existing or approved towers or structures as documented by a qualified professional engineer and whether such towers or structures could be reinforced, modified, or replaced to accommodate needed or equivalent equipment at a reasonable cost; and whether the needed equipment would cause interference materially impacting the usability of existing or planned equipment at such existing or approved towers or structures, as documented by a qualified professional engineer, and whether such interference could be prevented at a reasonable cost. (b) Whether the needed equipment would cause interference materially impacting the usability of existing or planned equipment at such existing or approved towers or structures, as documented by a qualified professional engineer, and whether such interference could be prevented at a reasonable cost. There are no towers located in the vicinity reauired for this antenna to provide adeauate and reliable service. All existina towers are either located outside the specific area which is souaht to be served or located in too close proximity of other antenna structures presently beina operated by the Applicant. and thus not suitable from an enaineerina standpoint for use. 5. The approval of this Special Exception does not interfere substantially with the Comprehensive Plan, in that there are no alternative sites suitable (having regard to the factors listed above in Item 4 for the equipment that the Applicant needs to locate in the vicinity which are located either in Business, Industrial, or Manufacturing District, or on property outside of the jurisdiction or otherwise exempt from the requirements and procedures of the Zoning Ordinance because: Applicant's system engineer requires that this antenna be located in or about the intersection of 116th and Gray Road. Applicant has been searching for a site for in excess of eight (8) years, including negotiations with the city for such site. While this site is presently zoned P-1 (Park Recreational), the large site is presently occupied by a golf course. It provides a unique opportunity to provide this utility service. 6. The Board has reviewed the requirements of Ordinance, Section 21.4.2, as they relate to this Special Exception, and does not find that those criteria prevent granting of the Special Exception because: of the reasons stated in the previous five (5) portions of the Ordinance. and the proposed use is appropriate under those criteria. Page 8 of 9 - Z:\shared\forms\BZA applications\Special Exception Application rev. 01/04/05 Q Q CITY OF CARMEL AND CLAY TOWNSHIP BOARD OF ZONING APPEALS CONSENT FORM The undersigned, Ralph Little III, Manager and authorized representative of Brookshire First Mortgage, LLC, owner of the property commonly known as 12120 Brookshire Parkway, Carmel Indiana and also know as the Brookshire Golf Course, hereby authorizes New Cingular Wireless PCS, LLC and its attorneys Parr Richey Obremskey & Morton to file and present land development petitions necessary for the aforementioned address before the appropriate governmental bodies. This consent shall remain in effect until revoked by a written statement filed with the City of Carmel and Clay Township Board of Zoning Appeals. BROOKSHIRE FIRST MORTGAGE, LLC ~/7tffar By: Ralph Little for Clare Holdings. LLC (Printed Signature) Its Manager (Title) STATE OF cr ) ) SS: M(.5.{-{~ ) ~* day of -4rr n ,2006. COUNTY OF NewL&"~__ Subscribed and Sworn to before me this ~:2 :: .::'i .c:-...l j Printed Signature My Commission Expires: Daemeon Banks Notary Public My Commission Expires ,June 30, 2008 ~ --:::~' <' . : ~~. CQ!:U1ty ~fRe;sldence: :J .' _;:2AJg,~ t{.p./t1~ ..-., - - /' . ";, ,.... , '- - , ./ .~. /:--, ..-,~ ,~\ , NOTICE OF PUBLIC HEARING BEFORE THE CARMEL BOARD OF ZONING APPEALS Docket No. 06040014 V Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the 26th day of June ,2006 at 6:00 p.m. in the City Council Chambers, 2nd floor of City Hall, One (1) Civic Square, Carmel, Indiana, 46032, will hold a Public Hearing upon a Development Standards Variance application to: construct and maintain a 140' Wireless Telecommunications Tower and Antenna and fully automated radio equipment building on the property being known as 12120 Brookshire Parkway, Carmel, Indiana, 46032 134' from adjacent property line (240' required) and to landscape with a single continuous row of trees (15' landscape strip required). The application is identified as Docket No. 06060014 V. The real estate affected by said application is described as follows: See attached 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. A copy of the site plan is on file at the Department of Community Services, Third Floor, Carmel City Hall, One Civic S I, Indiana, 46032. .L. Buddenbaum, P~ ICHEY OBREMSKEY & TON, for Petitioner, New Cingular Wireless PCS, LLC Page 5 of 8 - z:\shared\forms\BZA applicalionslDeveJopment Standards Variance Application rev. 01/03106 NOTICE OF PUBLIC HEARING BEFORE THE CARMEL BOARD OF ZONING APPEALS Docket No. 06040014 V Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the ~flG 26th day of MavJune , 2006 at 6:00 p.m. in the City Council Chambers, 2nd floor of City Hall, One (1) Civic Square, Carmel, Indiana, 46032, will hold a Public Hearing upon a Development Standards Variance application to: construct and maintain a 140' Wireless Telecommunications Tower and Antenna and fully automated radio equipment building on the property being known as 12120 Brookshire Parkway, Carmel, Indiana, 46032 134' from adiacent orooertv line (240' reauired) and to landscaoe with a sinale continuous row of trees (15' landscaoe strio reauired). The application is identified as Docket No. 06060014 V. The real estate affected by said application is described as follows: See attached 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. A copy of the site plan is on file at the Department of Community Services, Third Floor, Carmel City Hall, One Civic Squa , I, Indiana, 46032. Page 5 of 8 - z:lsharedlformslBZA applicationslDevelopment Standards Variance Application rev. 01/03/06 CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: New Cingular Wireless PCS, LLC FINDINGS OF FACT - DEVELOPMENT STANDARD VARIANCE 1. The approval will not be injurious to the public health, safety, morals and welfare of the community because: the proposed use does not create any air. water. noise or other pollution or affect the safety. morals or qeneral welfare of the community in any manner. In fact. the proposed use provides a necessary and important public utility service in the area surroundinq this particular site and qenerally. the area of Carmel/Clay. Indiana. Once constructed. it will only be visited for periodic maintenance and emerqencies. usually by a sinqle vehicle, thus not creatino any traffic. The site will be located a substantial distance from all surroundinq property lines (East = 519'; West = 621'; South = 134': North = 549') and will be substantially screened by existino larqe trees and substantial landscapinq and fencinq around the equipment area. As depicted on the photoqraphic simulations. most properties will not have a line of siqht to even see the tower makina the setback variance aoorooriate. Moreover the site will have a landscape screen of continuous olantinas around the fenced area containina the eauioment buildina and base of the tower Because of the substantial natural screenina the 15' landscaoe strio is not necessarv. 2. The use and value of the area adjacent to the property included in the will not be affected in a substantially adverse manner because: the tower will be substantially out of view of the adiacent property owner's line of sioht because of the larqe surroundinq trees and because the site is located on a larqe parcel (123.19 acres) creatino another natural buffer to the surroundinq properties. Further a sinale row of continuous plantinas will orovide sufficient landscaoe bufferinas without interferina with the aolf course maintenance and construction area and thus causina the need to exoand this "staaina" area which would be undesirable to adiacent orooertv owners 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: Applicant is a public utility licensed by the Federal Communication Commission (FCC) and holds a certificate from the Indiana Utility Requlatory Commission (IURC) to provide adequate and reliable service for those subscribers that use commercial mobile radio telecommunication service for personal, business or emerqency purposes. As such, to provide adequate and reliable service. Applicant requires antennas located at locations throuohout the service area, which are dictated by customer demand and system enqineerino requirements. If Applicant is unable to construct and maintain this proposed antenna. its service will be unnecessarily impaired in the Carmel area and its ability to compete for subscribers will be diminished. The property is currently used as a oolf course and the resources qenerated from the lease arranqement for this site could be utilized to enable that use to continue and without interference with the aolf course maintenance and construction staaina area. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standard Variance 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 ,2006. 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). 182305 Page 8 of 8 - z:lsharedlformslBZA applicationslDevelopment Standards Variance Application rev. 01/03/06 I,.,.,.. . 12120 Brookshire Parkway AMENDED DET AILED DESCRIPTION OF PROPOSED SPECIAL EXCEPTION AND DEVELOPMENT ST ANDARDS VARIANCE Applicant, CingulaI' Wireless PCS, LLC is a public utility licensed by the Federal Communications Commission ("FCC") and certified by the Indiana Utility Regulatory Commission ("IURC"), pursuant to I.C. 98-1-2-88, to provide commercial mobile radio communication public utility service throughout Indiana, including Carmel, Indiana. As a public utility, Applicant is required by law to provide adequate and reliable mobile radio communication service to the public, which in turn requires construction and operation of Wireless Telecommunications Service transmitting and receiving Antennas (as defined by Section 3.07 of the Carmel/Clay Zoning Ordinance ("Ordinance")) throughout the service area at locations which are dictated by customer use and demand and system engineering requirements. There are no other Towers in the immediate area which can provide the service as required by system engineering. In fact, there are no Towers in the area. By this application, Applicant proposes to construct and maintain a 135' (plus 5' lightning rod for a total of 140') slick-mount "monopole" style, self-supporting Wireless Telecommunications Service Tower (as defined by Section 3.07 of the Ordinance) and adjacent fully-automated (unstaffed) 12' x 20' radio communications equipment building. (See attached photographic simulations and drawings submitted by Applicant.) A special exception for the proposed use in this P-1 (Park and Recreation) District is necessary and appropriate to allow Applicant to construct and maintain the proposed antenna tower structure at the Brookshire Golf Course. Pursuant to Section 20H.02(A) and (B), and Appendix A of the Ordinance, Wireless Telecommunications Service Towers and Antennas are authorized by special exception in the P-2 District. Pursuant to Section 21.04.02 of the Ordinance, the criteria for special exceptions are met for the proposed site as set forth in the detailed proposed findings of fact and supporting materials submitted by Applicant. A development standards variance is necessary and appropriate to locate this site at the proposed location so that it may be located adjoining and as part of the maintenance facility for Brookshire Golf Course. Because of this, the Tower will be located 134' from the south property line which adjoins a residential property. Section 25.13.01(1)(B)(ii) of the Ordinance requires the tower be located not less than the height ofthe Tower of 140' plus 100' from the adjoining residential property. The nearest adjoining residential property to the south is substantially populated by extremely large trees, which block the line of sight of the Tower as depicted in the photographic simulations submitted. Moreover, the site will be at least 447' from the nearest residence. A develooment standards variance from landscaoe requirements and other requirements of Chanter 25.13.01.3 is necessary and aoorooriate because those e requirementsd 15' landscaoe strio under Chaoter 25.13.01.3 would substantially interfere with the use of the stalling area for maintenance and construction activities for the !lolf course. and to exoand the !lolf course maintenance facility in order to accommodate this landscaoe bufferequioment would not be desirable to adiacent orooertv owners. Anolicant oroooses to olant and maintain a continuous row of screen olantin!ls (arborvitae) around the fenced area which contains the radio equioment and base of the monooole. +185553 l w o 12020 Brookshire Parkway Legal Description LEC;lU. J:l1lSCI.IPTZON: PMCEL ~: Part. of the Southeast (South_st, Northwest: and JJorthe_t:) Qu.arten of Sec:t1em 32, TOWDShip 3.B North, Jtange 4 kat iD JIlIIIIi.ltem C:OUDty, IntiaDa, lIIOn paft1c:ularly c!eac:ribed all follows I eo-inS' at the Southeast C:OZ'ZlU' ot the Southeast Quarter ot sect1em :'2, ~tU.p 18 North, Kange 4 East; thence NoZ't:h 89 de!Flte. 46 lIIiDutell 50 a.c=a W.at (asawed. !:IeariD,) on and along the South line of 8&14 soutJlease Qu.ute1' 840.3.B feet to the POINT 01' BEGDCfIIIC: thence Cou.t:iD.\l.fl alonlJ aaid SQUth line North 89 degreea 4' llIinutea SO seCODds West 479.39 feet to the West: l1ne of the Southeast OWlrter of ,the Southeast QuI,:l't:er of aaid Se"ion 32; thence North 004e!J1'ees 12 minutes 40 .econds West on and alOZlg the West line of said Quarter Quarter Sect:iem 305.10 feee measured (307.40 feet: deeel) I thece Horth '7 degJ:e.. 24 1IIinute. 40 .econds East 281.53 feet: t:her1c8 "crtb. 00 clepees J.2 II1n\It.. 40 secoads West: parallel wit:h the Velt line of said ~t:.r Quarter Secei= 146.58 feee; thence Horth 84 c!err-el 17 1llinu.1:eI 40 seconda West. 267.30 feet t.o a point on the West line of eaid Quarter Quarter Sect:l.em; t.hence North 89 degrees 44 1IIiJ1utes 05 s.cClZl48 w..t parallel "i th the North line of said Quarter Quarter 662.19 :!!eet to a point '4ich ia 660.00 feet: South 89 degnu 43 1Iliwtes 4.3 seconds BalIt of the west line of said Quarter QUarter: thence Forth 00 degnes 14 aW1utel 2' .ecollda W8.C parallel with the WeaC line of aaic! Qu.U'ter Quarter 106.41 feetl thence JJoRh 73 degreee :1.8 lIimlt.el U lecODCla West. 348.34 feec: thence Noreh 00 c!e!J1'8ea 14 lllinut.u 26 aec:cauSe Weat parallel with the We.t l:i.ne of said. Quarter Quarter 2.00 feet; thence North 73 4esreea 16 1lI1nutes 41 seCCD4s West 341.&1 feet to the Wellt liDe of Quarter Quarter; thence North 00 cSegrees 14 minutes 2' seconds Weae on anel along aforesaid We.t line 687.84 feet to a po~ Which is 1064.50 feet South 00 Gerrees 14 minut.. 26 .econds Ba.t of the cent.er of said Section 32: theftCe HO~ '2 degrees 3' miautBS SO aeconds weat. 4".09 feet co a paillt which is 924.00 feet. South 00 degrees 14 1lI:l.Dute. 26 &eCCllds :But of the North line and. 453.75 feet North 89 4elJZ'8e8 46 minut.. 37 sec=ds Weat of the last line of the Southweat Quarter of said. Section 32: thence North 8!1 degrees 46 1IIinutea 37 seconds Weet parallel with the North 11118 of saiel. SClIl.thwese QuaZ'ter 20' .25 feet.: thance North 00 48rreee 14 1II1nut.. 2' leconcla West parallel with the Eaat U.ne of saW south",.at Qwu:eer '24. 00 feee to the North Un. thereof: ebece North 89 degrees 46 minutes 37 aecollda Weat OD and 810Dg the Soueh l1De of che NorthweSt Quarter of 8814 Sec1:ion 32, 293.15 feet to the Southeast comer of BJ:OOlcahin, sect.ioll. '-C, the plat of Which 18 recorded in Plat Boole $, page 45, U the Off:l.ce of the llecoZ'der of Hamilton c:ouney. IncS1aDal thence North 07 degrees 57 minutes 43 aeC0Dd8 salt on and. along the East li.ne of said subdivision. 304.85 feet to the Southeast COElleZ' of Broolcah1re, Sec:tion '-B. the plat of which is recorded in Plat BoOlc 4, papa 111 and 172 i.n the Office of the :Recorde: of Hamilt= CO\Inty, Ind1ana; theDCe North D7 degrees 57 m1l1utea 43 secancl.s Bast: 011. and. along the But 11l1e of said aubd.ivisiem 446.56 feet; thence North 15 deg::ee. 01 III1nut:lIs 45 seconds 28at on and along said East line 70.0' feet to the southease corner of Brclolcshire, Seceioll. '-A, the plat of which is recorded :in Jlla~ Book ., page In, :In the Office of the Recorder of Hamilton county. ::tD41aDil; thence North 15 degrees 01. minutes 45 aecOl1d8 Sast em and along t.he Eaat l::l.ne of aaid lNbc!ivision. 536.31 feet: thence North 20 degrees 34 lllinut.ell 4B secon4a Baae em and along said. Ea81: liAe 234.98 feet; thelSce North 08 d.egnes 58 lIdnutee 1:1. aeconds Eal~ on and along aaiel Usi; CCont:.nued) FEB 'in ''39 17133 PAGE. 03 - u o 12020 Brookshire Parkway Legal Description LEGAL DESCRIPTION (cemt1mled.): liDe 233.12 feet; thence 1forU J.& cleg:eu 16 lIIizmtes4S Sltccnds East on lUId Aloug tha XUt line of said. subai.vialem , 319.71 feet; thence 1l000th 40 e!eg:reas S6 lIIiAutes 51 .econa. Easton and a10Dg' the Bast 11.ne ot sai.d ~vislO1l, 442.J.5 feet; ~ce South B9 degreea 30 m1nuces 11 aeconds East on IUI4 along !:he East lin.e of sale! subdivlsion, 174.'3 feet; theace South 00 e!eg:ree. l' minutes 30 aeCODGs Weat 1J.0.OO teet; th_ce South 6lI 48grs.. 48 nWluea. 30 aec=c!lII Bast 11&.0& f.et; thence South 16 degrees 2& mi.l1utes45 seconds West 200.00 feet; thence South '73 cleg:ree. 33 lIIilnlees 15 seccn4Il.'East 45.00 feee; theDc:e North 47 cleg:re.. 01 lIIinu1:es 42 aeconGa East 220.37 feet; thence North 3& degrees 3' llI1nute. 30 secOlll!. Bast 1&5.00 feet to a point which 1.s 2'0.00 feet South 00 degree. :u llIinutu 30 seccncSa Weet of a poillt on the North 1:LDe of the Northeast Quarter of 8a1d Sec1:iOll 32, which is 340.00 feet South U. degrees 40 mnutes 30 seconds East of the No~.t corner thereof; ~cs H01'th 45 delJreils 19 mllNtes 30 secon4a But 17&.78 feet; thence Uol'th 00 delJrGes 19 m1Dutes 30 seconds :East: 165.00 feet to a point OIl the North li.De oC the ~thea.t QuaZ'tU of Sect:Lcn 32, '1'c:nm!IlUp 11 North, Rmge 4 Eaat wh1c:h is 465.00 feet SeN:h ., degAes 40 IIIiml.tes 30 seconds East of the Northwest comer of said Northeast Quarter; thence south IS degree. 40 lll:inutu 30 seconds East em azu! &lOll' the NorCh l:l.11e of sai.4 N01'theaat QIuorter 259.:l!I feet to the Nord:lwese C02m8r of 3roolcshire, J'lrat Sect:Lon, eM plat of which is recorded i.D :flat Book 3, pqe 108, :l.I1 the Oftice of the aecorclel' of Kamilcon COllAey, XIUl:Laaa; thence Swtb 32 deg:re.. 39 lII:I.nut68 00 seCODda Ease on and &loner the West lione of add sW:lcl.iviaion 217.18 feet; thence South 32 degrees 49 minuUs 15 second. West on and along the Wese line of said aulxlivisiOl1 217.27 feet; thence South 21 degz'ees 3li minu,U8 10 secoDds West on anlt along said Weat lilae 285.20 feet: thenc:e South 47 ciegz'ees OS lII1zNee. 35 .ecOZleS. west: an. _e! aloug aa1cl Wut 11ne 250.09 Ceet: thenCe South 32 d8g1:eelS 4' mnutes 30 s.ccmda West on and. along said. West line <617.41 feet; thuce South 38 degrees Sf minutes 30 scccmc!a West on and. along said West l:Lne 28!l.36 feet to the N01'Chl!XmlOSt cozuer ill the rear 111:1e of Lot 74 in Brooleshire, '1'h1rd Section, the plaC of which is recorded ill :flat Book 3, page 145, in the Office of the aec01'~ of BmiltOll COWl.ty, IndiaDll.; tblmc:e SOUth 80 cle!JZ'ees U lIl1nut.es 2S secOllds West on and. alemg the Northerly Une of said su1:ld1vinon, 185.23 fs.t; thence Soutb 17 e!egrees 00 minutes 00 seccmd.s Weat on &Dei alcmg t:he Weste:ly Une of said su1:ld1visioll 515.!I& feet; thlll1c:e South 41 degrees 18 minutes 27 BeCODcls lIest em aDd &1=9 tbe Westerly ]ine of sa:i.d subclivlsicm, 19'.'6 feet; thence SOUth 10 degrees 21 lIIi21utes 28 .8con.da Weat = and alOl\!l the W..cedy line of said aubciivisioll 32'.89 feet: thence south 06 degrees 10 minutes 00 second.ll bst on and a10J11J the w..urlY line oC saW suhcS:l.visicm, 361.81 feet; thece South 32 cSeg:rees 10 lIlin.utes 00 seconds E.s,; on aDd aloag the Westerly 111:1e of said suDd.:Lvis101l 3".57 feet; Chenee Borth 70 degrees 3. ~te. 00 seC0D4. Sast = and along the SOllthedy l:Lne of said aubd.:Lvisicm 136.45 teet: thel1ce North .3 degrees 2' minutes 4S sec:0Dd8 Ease an and a10119 the "sterly 1111. of said sUbdivisian 586.00 feet: thence Ncn'th 0& degrees 10 III:l.I1utes 00 .eccmds Wat on and alODg' tha Easterly l:1.z1.e of sud aUbd1Y1l1iOl1, 231.76 faetr thence lfo~ .5 degrees 00 minutes 00 aecoeds East on end. alOl1g the Easterly line of said s\IbcU.v:La:Lon. :U.5.00 feetl 1:heaae North CO clegne. .5 lII:I.nu~_ 20 .eoonds Eaat 011 alld along the Easterly line of auel a\lJ:Ml1v1sioll 152.11 fee~ eo the westerly 1i.De of BrooJcllh1re. Second Sect1an, the plat: of which ia recorded 111 Plae 1I00Je 3, page 116, in the Office of the aecorder of HalII1lton COWley, Indiana; Chence Sout:h 08 deg:ree. 32 mi.nutea 3S seconcla East 011 and. along sa.l.d 1Ie51: 11lle 2315.08 feet; thence NOrth 62 degrees Sl llI:l.autea 20 seconds Sast 011 and along tha south l1ne of Lot 124. 1n said sul:lcI:Lvillol1 :1.70. 00 fe.~ to the Westerly line of (COIlt1n1:ledl Fe! ~ '98 17:34 PAGE. B4 - Q (,;) 12020 Brookshire Parkway Legal Description LZG7I1. tlESCRU'1'lON IcontiDue4}: B:owbire parkway, laic! ~t. l:leilSg' em. said cu:ve with a :ac!iua of 330.00 feet, the radiWl poj,nt of which lIears Noxth G2 degrees 51 llIiDutell 20 .econds East frolll the last . c!escr1hed point:: theDce SINtheast.erly on lIDl1 81=g said right af _y liDe OIl a C\Q'V8 131.'" feet; ta a paint wh,i,= ~ear. SINt:h 40 depees 00 llWNt.e. 00 seconds West from the radius point of lIaid cw:ve: t:h8nc:e SINth SO degrees 00 lII1ftUUS 00 secondll East on aftG alang laid right of way line 268.33 feet; tbeftce SOU~ 40 degTees 00 minutes 00 secends West on and alCDg the Westerly line of .a1d Brookshire, SecoDd Sect.ion, 150.00 feet: ~ce South 41 de~ces 41 minutes 31 aecOftd8 East OIl and along said West line 93.23 feet, thence South 11 dagree.s 03 miuutes 36 aecozsd.s Bast OD aftd. alODg aaid. Weat U.n8 131.5S feet: thenca So\1t:h 30 degreell 00 lllinutes 00 .eco~ Weat OD lIDl1 along said. West line 312.11 feet; tbenc:e South 04 degreea 54 ~tes '2 leconds Baat on and along said Weat line 486.70 feet: ~ tha Northean co=er of Lot 261 in BroolarhUe, Sect.ion F:l.ve, the plat of which is nc0r4e4 in Plu BOOk 4, pages 117 aDl! :U8 in the Office of the 'll.ecarder of Hamilt:cm CoImty, Xnc:1iana; thence South '0 degrees 00 minutes 00 secODds West on and. alcmg the Kortherly l1n4 of said. sul:lcSivision 430.00 feet; theftce SOIIth 24 4egnes 20 IlI1nutes 55 sec:0D4s )faIt on all. alOllS the Welculy line of sa1c! sub41Y1sion, 1u.78 feat; thaee Sout~ 12 ~... 5. lll1Il.ucell 00 seconds West on ImCl alOD!1 the west:uly Une of sale! S\Sl)4i.Yls1OD, ~36.5' feet; thence South U degreu 00 .wwtu 00 .eccmds kat: on cd. 5101:1g the Weatllr~y Une of sdd aUbcU.viIliOA, ,"".32 teet; ~ce South 55 degrees 25 IlIiImtea 49 s.c:omls J:lut 375.39 feet; thence Sauth 76 degrees 13 lIlinutea 35 seconds But 01:1 cd alOllg the Southerly line of a&~d aubcUv1siOD, 350.12 fut: tbaJlce South 86 degrees 41 IIlinuCea 40 aecODda Zaat: = and &lOllS ~e Southerly l~e of said aW:lclivieiOA, 770.00 feet; thence North 86 c:lewreea 37 lII1allees 23 seCODdl Eaat on and. along !:he southerly liDe of said subdivision, 150.78 teet: theDce BOrth 71 degrees 41 minutes 38 aeeoftda Sast on BIle! along the SOIIthe:r:ly Une of saiel subclivision, 75.27 teet; thence North 57 degrees U minutes 40 seconds East on anc! along the southerly liDe of sueS s\ll)4iv1s1on. :ZSO. 75 feet; thence North 8JI degrees 49 minute. OS seconds East OIl. aJUl alODg the Southerly Une of Hid. su))clJ.v:!.siem., 206.71 feet _asured (230.00 feet deed) Co the Welterly right-oi-way of C:ay ]load as d.scri~4 ~ Bric!ge PZ'o:lect '13', the following six (6) coursea and di.eances ~eins along' the afo'l:esalcl righc-of-_y U.na (1) chenee South 00 degrees 09 minutee 42 seccade East 401.59 feet; (2) theDee South 12 de~u 14 ~ut.s 45 secOAd. Weet 102.39 feet: (3) eheDce South 00 degre.. 0' mllute. 42 18=48 Bue 150.00 feee; (4) chence Souch 19 clegree. 33 m:1nut8S '"5 nc:cmda East: 53.01 feet; (5) thence SINth 07 degrees 21 m1nuces 54 eec=de weac 101.9' feet; (6} thence SCN.th 09 degnes 40 1ll1JN.'tea 09 aecODda Eaet 207.97 feet to ehe Northuly right-af-way line of 116th Sereet. as ZlOV laid. oue aDd :Ln Wle, ehe foUow:\.ng four (4) courses and distanc.. ~.:Lng along the afOZ'esa:l.d Northerly 'I:~gAe-of-vay line (1) chence Soutb 61 cSegrees 3' miDutes 55 secaDc:la Wese 62.6& feet I (2) thence South 8.. degrees 45 'II1JN.ces 22 sec:ond.e Weat 55.24 feet; (3) thence )toxth 89 cte~ee. 54 mtllUtu 34 aecoads West. 675.00 feet: (4) thence SOUth .,0 degree. JoG miDu~es .., aec_claWest 53..1.8 fee~l theuce south 00 c1C1SJZ'8e. 05 lD~tllS 26 seconds Weet 20.00 i_e to Che plaoe ot b.!J1IuU.Dg. eonl:&iDilag' 123.9" acr.., 1110_ OJ: 1..s. Excepting Tbs:efrom, Put of the Northeast and part of the .oxthweet Quarts: of Sec:d_ 32, Town.hip :1.8 Nortb, Range 4 Balle, CJ.ay 'rowDlIhip, Hamilton Cwnty. X!Sd1tma. IllOn particularly ~cribed as follows, CCenQnuecl) FEB 'Z7 '98 17:34 Pt=IGE.0S - Q o 12020 Brookshire Parkway Legal Description LBGJU. DESCRIPTION (ccmtillued.l: Beginning at the Northwest c:omer of Loe J'UII\ber Three (3) in BrooIcah1re OVerlook, IIZl AddS.t:icm :l.n Sami.ltcm C01mty, I:dS.lUl.a, as per plat: thereof reoord.ed ill Plat Book 7, pagea 1U alld 150 ill che Off!.ce ot the Jl.ec:order of JlaIlIilton Cowley, IDlti.a:a: t.hlmce souch 00 d.egrees l' m1Dutes 30 seconds West (plat bearing this &Del. the nexc course BZ'e on che perimetu of aaid. Lot !l\aN:ler 'fm:ee (,) 1n ko0Jc8hin OIrez:lookl 6!l. 91 feet to 1rcm p:l.n flNZlCl.; thence Souch " degrees 48 IlIillutea 30 .eCOl:l48 But 7&.27 feet~ thence South 20 aeg:ee. 11 minute. 30 .eoODde We.t 12.20 feet; ~ North '2 degrees 01 minute. 00 .econds West '..'S feet: thence .o:th 00 derr... l' minutes 00 aeccmda kst parallel rith the We.t liDe of sailS Lot lNmber Tbree (31, 85.19 feet: thence South as degrees 40 lIIinutu 30 seconds Bast 3.S0 feet to the Point of Beginn!ZI!J, conta1ZIiZI!J 1,31' square feet (0.03 acre), more or le... PARCEL 2: Part of Lot 23 in Ecle.G Forests, a suhdi.ui= :l.n IIa8I:1ltOll Co=ty, Ind.:I._., ncordalS in Plat Booll; 2, ~e as in the Oft1c:e of the SallliltOD County Jlecorder. 1lIOn particularly described. a. 10110"8: Begizm:l.:lg at ~ North&J:mlICst COrDer of 8dd Lot 23.: ~e South 00 degrees 14 IlIillutes 35 seconG8 East OIl anct alOZllJ the East: line of said. Lot 20'.60 feet: thence Norell. 24 4egrees 48 llI1ftute. :1,7 .eccmc1s Vest 155.'78 .feet to a po1Dt OIl the NortbeZ'ly line of aaiel I.ol:: ehe:c:e North .u e!89"ee 23 lII:l.nutea 3"1 eec:ollClc last OIl and alcmv .fQrasa:l.d. Northerly line '3.85 feel: to the place of Mgizmill!J: c:oz&t:aizIiD!J 0.156 acn, 1IOZ'e or lesl. ~A1c:EL :a I l'art of 1.01: 24 in Jlden Foresta, a 8'Ubd:l.v181oA ill BaaI:l.lcou County, %nd111D&, recorie4 ill. 1'1atBooll: 3, pa!J8 85 1n the Office of the Hamilton Cowley Jtecorder, 1IIOn paz1:ic:ularly 4elcr1l:led 18 follows: BegillD:iu! at the North.uterJllllClat ccmler of aaie! Lot 24 ~ thence SOUth 00 desreel 14 minutes 35 .ecCll1ci8 Baat OIl and. al0D8 the But l:l.:e ot .aW I.ot 2.0.40 teet to the sw!:he..e CO:2l.e2: ot lai4 %.ot; thlmoe South 43 de!Jreu 23 1II1rlutell ]7 aeccm4s Wesl: em aDd IloDg the Souch line of saiel Lot !13 .as feet I thlmc8 North 24 c!e!Jr... 4. lIlinutea 27 lecoDell W8.t 2'2.2' feet to . poiDe OZI !:he Rorthve8tez:ly liDe of sa:l.cl Lot: the:ce Horth 2' degree. 18 llI:l.nutes 24 aecoDda Eat OZI aDd alOZ1!J sai4 Nortl:IYest:erly 1:l.De 118.'2 feet to the NOnA line of laill Lot:; th8l1Ce Saut:h ., d..~... 27 m:l.ZI.UI:.. 42 seconds Baal: 123.57 feet to the pJ.ace of ~:l.rming', ccmtainillg' 1.037 ac::ru, tIlOTe OZ' lesl. PARCEL ..: Perl: of! Lot 25 1ft Edell Ponsea, a subliviaiOl1 in BaIII:l.1tQ1l. County, :tzIdiaaa, recorded in Plat: Boole 3. page 85 ill the o~f1ce of the 1IlUIIil toll. Ccnmty Recorder, lIIOre particularly delcribed 8. follows. Be!JizmiZI!J at tbe Northeast coz:ner of laid Lot: 25, theDce South 29 degrees 18 lIIinutea (Cont1nuedl FED 'r/ '98 17:34 f"AGE. B6 - u Q 12020 Brookshire Parkway Legal Description 1.SGlIL mlSCUPUON (ccneiauad), 2. sec0n4s Wellt Oil and aloDS' 1:he Ease line of saie! Lee 118.72 feel:; cbeDoe Il'orl:h 24 degrees 48 lIIinuees :n seocmds West 115.15 feet eo a point em the Borth UDAl of ..J.do Lee: ehl!lllce sou1:h " deg'%ilel 27 1IWI.utea 42 lecozu:l.t Baat OD aDCl a1,c=g aioJ:ell&1d HeRh line 106.43 feet: eo 1:he place of :begiDn11l!r. c:emeaiJUslg 0.127 acre, IIIOre OJ: less. FE! it? '98 17:34 PAGE .1il7 (;) (.;) 12120 Brookshire Parkway DETAILED DESCRIPTION OF PROPOSED SPECIAL EXCEPTION AND DEVELOPMENT STANDARDS VARIANCE Applicant, Cingular Wireless PCS, LLC is a public utility licensed by the Federal Communications Commission ("FCC") and certified by the Indiana Utility Regulatory Commission ("IURC"), pursuant to r.c. ~8-1-2-88, to provide commercial mobile radio communication public utility service throughout Indiana, including Carmel, Indiana. As a public utility, Applicant is required by law to provide adequate and reliable mobile radio communication service to the public, which in turn requires construction and operation of Wireless Telecommunications Service transmitting and receiving Antennas (as defined by Section 3.07 of the CarmeVClay Zoning Ordinance ("Ordinance")) throughout the service area at locations which are dictated by customer use and demand and system engineering requirements. There are no other Towers in the immediate area which can provide the service as required by system engineering. In fact, there are no Towers in the area. By this application, Applicant proposes to construct and maintain a 135' (plus 5' lightning rod for a total of 140') slick-mount "monopole" style, self-supporting Wireless Telecommunications Service Tower (as defined by Section 3.07 of the Ordinance) and adjacent fully-automated (unstaffed) 12' x 20' radio communications equipment building. (See attached photographic simulations and drawings submitted by Applicant.) A special exception for the proposed use in this P-l (Park and Recreation) District is necessary and appropriate to allow Applicant to construct and maintain the proposed antenna tower structure at the Brookshire Golf Course. Pursuant to Section 20H.02(A) and (B), and Appendix A of the Ordinance, Wireless Telecommunications Service Towers and Antennas are authorized by special exception in the P-2 District. Pursuant to Section 21.04.02 of the Ordinance, the criteria for special exceptions are met for the proposed site as set forth in the detailed proposed findings of fact and supporting materials submitted by Applicant. A development standards variance is necessary and appropriate to locate this site at the proposed location so that it may be located adjoining and as part of the maintenance facility for Brookshire Golf Course. Because of this, the Tower will be located 134' from the south property line which adjoins a residential property. Section 25. 13.01 (1)(B)(ii) ofthe Ordinance requires the tower be located not less than the height of the Tower of 140' plus 100' from the adjoining residential property. The nearest adjoining residential property to the south is substantially populated by extremely large trees, which block the line of sight of the Tower as depicted in the photographic simulations submitted. Moreover, the site will be at least 447' from the nearest residence. 182671 FEE: o /':';::-:<~'" . , ^ '. '\ .~r ~ ~ ." CITY OF CARMEL - CLAY TOWNSHIP I / RECEIVED \.. \, HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS AdrloN APR -72006 i) DEVELOPMENT STANDARDS VARIANCE \,,~:'\ DOCS /,) Single Family (Primary Residence) $267.00 for the first variance, plus $80.00 for EiaC~djtionfil\sec.!i0~f the ordinance being varied. "'-,.cu.__' " All Other $1 ,016.00 for the first variance, plus $481.00 for each additional section of the ordinance being varied; OR see Hearing Officer Fees _()~QLfOOl6 V (;) DOCKET NO.: DATE RECEIVED: Address: New Cingular Wireless PCS, LLC 8888 Keystone Crossing, Suite 300, Indianapolis, Indiana, 46250 1) Applicant: 2) Project Name: Brookshire Golf Course Wireless Antenna Phone: (317) 581-2507 Engineer/Architect: First Group Engineering, Inc. Phone: (317) 290-9549 (317) 269-2500 X -zZ3 (317) 269-2514 Attorney: James A.L. Buddenbaum PARR RICHEY OBREMSKEY & MORTON Phone: Fax: 3) Applicant's Status: (Check the appropriate response) j buddenba&.WI e pa..rr'QW~c~",,^, (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 has entered into a lease with owner 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Brookshire First Mortgage, LLC Owner's address: 163 Ferry Road, Old Saybrook, CT 06475 Phone: (603) 338-5737 5) Record of Ownership: Deed Book No./lnstrument No. 200200019973 Page: N/A Purchase Date: March 8, 2002 6) Common address of the property involved: 12120 Brookshire Parkway Legal description: See attached Tax Map Parcel No.: 16-10-32-00-00-012.001 7) Page 1 of 8 - z:\shared\forms\BZA applications\Development Standards Variance Application rev. 01/03106 u Q 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact - Development Standards Variance"). See attached Detailed Description of Proposed Special Exception and Development Variance and Proposed Findings of Fact 9) Present zoning of the property (give exact classification): P-1 (Park) 10) 11 ) Present use of the property: Public Golf Course Size of lot/parcel in question: 123.19 12 Describe the proposed use of the property: See Detailed Description of Special Exception and Development Standards Variance 13) Is the Property: Owner occupied Renter occupied Other Yes 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. No 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 appeal is granted, when will the work commence? Within 6 months 17) If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this application has been filed? New Cingular Wireless PCS, LLC NOTE: LEGAL NOTICE shall be published in the Noblesville Dailv Ledaer 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.) 3) 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. Page 2 of 8 - z:\sharedlformsIBZA applicationslDevelopmenl Standards Variance Application rev. 01/03106 u Q The applicant understands that docket numbers will not be assiqned until all supportinq 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. OWNER ADDRESS See Attached Certification Auditor of Hamilton County, Indiana - Signature Date Page 3 of 8 - z:\shared\forms\BZA applications\Development Standards Variance Application rev. 01103106 u (;) AFFIDAVIT I, hereby swear that I am the attomey for the owner/contract purchaser of property involved in this application and that the forgoing signatures, statements and answers herein contained and the information herewith sub itted are in all respects true and correct to the best of my knowledge and belief. I, the undersigne riz plicant to act on my behalf with regard to this application and subseque and' ny. 3'aTPeS IilL/BuJd~ (Please Print) STATE OF INDIANA SS: County of Public for Marion Before me the undersigned, a Notary (County in which notarization takes place) Marion County, State of Indiana, personally appeared (Notary Public's county of residence) James A.L. Buddenbaum. Attornev for Petitioner and Power of Attornev for Property Owner and acknowledge the execution of the (Property Owner, Attorney, or Power of Attorney foregoing instrument this day of April 6 , 20!lli..--. ~Ubf!2~narF ,~~: ~. ~ ~ ". :2" ,~.'"' - .... -"- = 't=:.- :: (SEAL) _ .:.-.-'''' - - .~ ~ o' Jane M. Pratt Notary Public - Please Print ,.... . My commission expires: 2/14/07 ~ ""~"" ..... . Page 4 of 8 - z:\sharedlformsIBZA applicationslDevelopment Standards Variance Application rev. 01/03108 Q Q 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 _ day of , 2006 at 6:00 p.m. in the City Council Chambers, 2nd floor of City Hall, One (1) Civic Square, Carmel, Indiana, 46032, will hold a Public Hearing upon a Development Standards Variance application to: construct and maintain a 140' Wireless Telecommunications Tower and Antenna and fully automated radio equipment building on the property being known as 12120 Brookshire Parkway, Carmel, Indiana, 46032. The application is identified as Docket No. The real estate affected by said application is described as follows: See attached 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. A copy of the site plan is on file at the Department of Community Services, Third Floor, Carmel City Hall, One Civic Square, Carmel, Indiana, 46032. James A.L. Buddenbaum, PARR RICHEY OBREMSKEY & MORTON, for New Cingular Wireless PCS, LLC Page 5 of 8 - z:\sharedlforms\BZA applications\Development Standards Variance Application rev. 01/03106 Q Q APPLICANT'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEUCLA Y BOARD OF ZONING APPEALS I (WE) James A.L. Buddenbaum, DO HEREBY CERTIFY THAT A LEGAL NOTICE OF PUBLIC HEARING BEFORE THE CARMEUCLA Y BOARD OF ZONING APPEALS CONSIDERING Docket Number was registered and mailed at least twenty-five (25)* days prior to the date of the public hearing to the below listed adjacent property owners: OWNER ADDRESS See Attached Listing The undersigned, having been duly sworn upon his oath says that the above information is true and correct as he is informed and believes. James A.L. Buddenbaum STATE OF INDIANA SS: County of Before me the undersigned, a Notary Public for (County in which notarization takes place) County, State of Indiana, personally appeared (Notary Public's county of residence) and acknowledge the execution of the (Property Owner, Attorney, or Power of Attorney foregoing instrument this day of ,20_. Notary Public - Signature (SEAL) Notary Public - Please Print My commission expires: * 10 days notice for a BZA Hearing Officer Meeting Page 6 of 8 - z:\sharedlforms\BZA applications\Development Standards Variance Application rev. 01/03106 u Q CARMEUCLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: New Cingular Wireless PCS, LLC FINDINGS OF FACT - DEVELOPMENT STANDARD VARIANCE 1. The approval will not be injurious to the public health, safety, morals and welfare of the community because: the proposed use does not create anv air. water. noise or other pollution or affect the safety. morals or aeneral welfare of the community in any manner. In fact. the proposed use provides a necessarv and important public utility service in the area surroundina this particular site and aenerallv. the area of Carmel/Clav. Indiana. Once constructed. it will onlv be visited for periodic maintenance and emeraencies. usuallv bv a sinale vehicle. thus not creatina any traffic. The site will be located a substantial distance from all surroundina property lines (East = 519'; West = 621': South = 134'; North = 549') and will be substantiallv screened bv existina larae trees and substantial landscapina and fencina around the eauipment area. As depicted on the photoaraphic simulations. most properties will not have a line of siaht to even see the tower. 2. The use and value of the area adjacent to the property included in the will not be affected in a substantially adverse manner because: the tower will be substantiallv out of view of the adiacent property owner's line of siaht because of the larae surroundina trees and because the site is located on a larae parcel (123.19 acres) creatina another natural buffer to the surroundina properties. 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: Applicant is a public utility licensed bv the Federal Communication Commission (FCC) and holds a certificate from the Indiana Utilitv Reaulatorv Commission (IURC) to provide adeauate and reliable service for those subscribers that use commercial mobile radio telecommunication service for personal. business or emeraencv purposes. As such. to provide adeauate and reliable service. Applicant reauires antennas located at locations throuahout the service area. which are dictated bv customer demand and system enaineerina reauirements. If Applicant is unable to construct and maintain this proposed antenna. its service will be unnecessarilv impaired in the Carmel area and its ability to compete for subscribers will be diminished. The property is currentlv used as a aolf course and the resources aenerated from the lease arranaement for this site could be utilized to enable that use to continue. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standard Variance 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 ,2006. CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions ofthe Board are listed on the back. (Petitioner or his representative to sign). 182305 Page 8 of 8 - z:lsharedlforms\BZA applicationslDevelopmenl Standards Variance Application rev. 01/03106 Q o CITY OF CARMEL AND CLAY TOWNSHIP BOARD OF ZONING APPEALS CONSENT FORM The undersigned, Ralph Little III, Manager and authorized representative of Brookshire First Mortgage, LLC, owner of the property commonly known as 12120 Brookshire Parkway, Carmel Indian~ and also know as the Brookshire Golf Course, hereby authorizes New Cingular Wireless PCS, LLC and its attorneys Parr Richey Obremskey & Morton to file and present land development petitions necessary for the aforementioned address before the appropriate governmental bodies. This consent shall remain in effect until revoked by a written statement filed with the City of Carmel and Clay Township Board of Zoning Appeals. BROOKSHIRE FIRST MORTGAGE, LLC ~!7~ By: Ralph Little for Clare Holdings. LLC (Printed Signature) Its Manager (Title) STATE OF Cl ) ) SS: Mr.5./-( ~ ) ~ ~ day of -'t,. II , 2006. COUNTY OF Ne..vlg.,J.-- Subscribed and Sworn to before me this ~:~3 -~ Printed Signature My Commission Expires: Daemeon Banks Notary Public My Commission Expires June 30.2008 County of Residence: kJa--- r-eNtd--- o o 12120 Brookshire Parkway DETAILED DESCRIPTION OF PROPOSED SPECIAL EXCEPTION AND DEVELOPMENT STANDARDS VARIANCE Applicant, Cingular Wireless PCS, LLC is a public utility licensed by the Federal Communications Commission ("FCC") and certified by the Indiana Utility Regulatory Commission ("lURC"), pursuant to r.c. ~8-1-2-88, to provide commercial mobile radio communication public utility service throughout Indiana, including Carmel, Indiana. As a public utility, Applicant is required by law to provide adequate and reliable mobile radio communication service to the public, which in turn requires construction and operation of Wireless Telecommunications Service transmitting and receiving Antennas (as defined by Section 3.07 of the Carmel/Clay Zoning Ordinance ("Ordinance")) throughout the service area at locations which are dictated by customer use and demand and system engineering requirements. There are no other Towers in the immediate area which can provide the service as required by system engineering. In fact, there are no Towers in the area. By this application, Applicant proposes to construct and maintain a 135' (plus 5' lightning rod for a total of 140') slick-mount "monopole" style, self-supporting Wireless Telecommunications Service Tower (as defined by Section 3.07 of the Ordinance) and adjacent fully-automated (unstaffed) 12' x 20' radio communications equipment building. (See attached photographic simulations and drawings submitted by Applicant.) A special exception for the proposed use in this P-l (Park and Recreation) District is necessary and appropriate to allow Applicant to construct and maintain the proposed antenna tower structure at the Brookshire Golf Course. Pursuant to Section 20R.02(A) and (B), and Appendix A of the Ordinance, Wireless Telecommunications Service Towers and Antennas are authorized by special exception in the P- 2 District. Pursuant to Section 21.04.02 of the Ordinance, the criteria for special exceptions are met for the proposed site as set forth in the detailed proposed findings of fact and supporting materials submitted by Applicant. A development standards variance is necessary and appropriate to locate this site at the proposed location so that it may be located adjoining and as part of the maintenance facility for Brookshire Golf Course. Because of this, the Tower will be located 134' from the south property line which adjoins a residential property. Section 25. 13.01(1)(B)(ii) of the Ordinance requires the tower be located not less than the height of the Tower of 140' plus 100' from the adjoining residential property. The nearest adjoining residential property to the south is substantially populated by extremely large trees, which block the line of sight of the Tower as depicted in the photographic simulations submitted. Moreover, the site will be at least 447' from the nearest residence. 182671 E 116TH ST ZONE AI Base flood elevations determined. ZONE AH Flood depths of 1 to 3 feet (usually areas pondingl; base flood elevations determi ZONE AO Flood dep~s?f 1 to ~ !eet (usually. sh "tI r- NAnONAL FlOOD INSURANCE PROGRAM FIRM nOOD INSURANCE RATE MAP HAMILTON COUNTY, INDIANA AND INCORPORATED AREAS (SEE MAP INDEx FOR PANELS NOT PRlNTEOl NUMBfR ~ SUFfIX 18lIllllI 022lI - .... MAP NUMBER 18051C0228F EFFEcnYE DATE; FEBRUARY 19, 2003 This is an official copy of a portion of the above referenced flood map. It was extracted using F-MIT On-Une. This map does not reflect changes or amendments which may haw been made subsequent to the date on the titie block. For the latest product information about National Aood Insurance Program ftood maps check the FEMA Flood Map Store at www.mac.ferna.goY Proposed Cingular wireless communications tower at Brookshire golf course: Flood plain map. Approximate limits shown. .. I t "111 .... ~ II "''''''1' .....11 ~ I I I I ~ 7: ",m.= rr~ ~ ~ ....~ ~ L ~~ -it~~~ ...IL """ ~ lC J t II '-r ~ ~ ~w _ ~ ~~ \....S -. ~~ A -,~ \J ~~ ~ l"' ~ c...; U' "" Y 1t:.. - ~ ~ ~ " I- />..~ ~ fI'" ~ '- Jr- ~ ~.tJ'b- .I ~ --IJ 7' ~..~ "-.n ~ ,~~ ~ ...ill ': ~lr ".. "'J P'C.r.t. ~ ~ ~ ~ ~ 'l~ ....~ fi~ c~ ...... II .... ~ ~ ...-.-c-r . .' ~T Mi~~ ~~ : ~ ~ ....., I I lL I I I I I I "\ ~ J ~ ri- if... I::;: i- i c i- _ iN - "'L-M == ........; - :\ '. ... ..... I n I I I I I I I I I 12120 Brookshire Parkway AMENDED DETAILED DESCRIPTION OF PROPOSED SPECIAL EXCEPTION AND DEVELOPMENT STANDARDS VARIANCE Applicant, Cingular Wireless PCS, LLC is a public utility licensed by the Federal Communications Commission ("FCC") and certified by the Indiana Utility Regulatory Commission ("IURC"), pursuant to I.c. ~8-1-2-88, to provide commercial mobile radio communication public utility service throughout Indiana, including Carmel, Indiana. As a public utility, Applicant is required by law to provide adequate and reliable mobile radio communication service to the public, which in turn requires construction and operation of Wireless Telecommunications Service transmitting and receiving Antennas (as defined by Section 3.07 of the Carmel/Clay Zoning Ordinance ("Ordinance")) throughout the service area at locations which. are dictated by customer use and demand and system engineering requirements. There are no other Towers in the immediate area which can provide the service as required by system engineering. In fact, there are no Towers in the area. By this application, Applicant proposes to construct and maintain a 135' (plus 5' lightning rod for a total of 140') slick-mount "monopole" style, self-supporting Wireless Telecommunications Service Tower (as defined by Section 3.07 of the Ordinance) and adjacent fully-automated (un staffed) 12' x 20' radio communications equipment building. (See attached photographic simulations and drawings submitted by Applicant.) A special exception for the proposed use in this P-1 (Park and Recreation) District is necessary and appropriate to allow Applicant to construct and maintain the proposed antenna tower structure at the Brookshire Golf Course. Pursuant to Section 20H.02(A) and (B), and Appendix A of the Ordinance, Wireless Telecommunications Service Towers and Antennas ar~"authorized by special exception in the P-2 District. Pursuant to Section 21.04.02 of the Ordinance, the criteria for special exceptions are met for the proposed site as set forth in the detailed proposed findings of fact and supporting materials submitted by Applicant. - A development standards variance is necessary and appropriate to locate this site at the proposed location so that it may be located adjoining and as part of the maintenance facility for Brookshire Golf Course. Because of this, the Tower will be located 134' from the south property line which adjoins a residential property. Section 25.13.01 (1 )(B)(ii) of the Ordinance requires the tower be located not less than the height of the Tower of 140' plus 100' from the adjoining residential property. The nearest adjoining residential property to the south is substantially populated by extremely large trees, which block the line of sight of the Tower as depicted in the photographic simulations submitted. Moreover, the site will be at least 447' from the nearest residence. A development standards variance from landscape requirements and other requirements of Chapter 25.13.01.3 is necessary and appropriate because those requirements under Chapter 25.13.01.3 would substantially interfere with the use of the staging area for maintenance and construction activities for the golf course, and to expand the golf course maintenance facility in order to accommodate this landscape buffer would not be desirable to adjacent property owners. Applicant proposes to plant and maintain a continuous row of screen plantings (arborvitae) around the fenced area which contains the radio equipment and base of the monopole. 185553v2 fl o ,"", R-ecCl 5-1 )-0(0 '" u DOCKET NO: 06040014 SE DOCKET NO: 06040015 V STATEMENT OF COMMITMENTS COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH DEVELOPMENT STANDARDS VARIANCE AND SPECIAL EXCEPTION In accordance with IC 36-7-4-921, New Cingular Wireless PCS, LLC ("Petitioner") the Lessee of the real estate located in Hamilton County, City of Carmel, Indiana, which is described in Exhibit A attached hereto and incorporated by reference ("Real Estate"), makes the following commitments concerning the use and development of the Real Estate in connection with its petitions for Development Standards Variance and Special Exception: STATEMENT OF COMMITMENTS 1. The tower will be designed and erected in such a manner as to reasonably accommodate equipment of up to 4 wireless communication service providers. 2. Petitioner and its successors and assigns will offer the tower to any wireless communication service provider that seeks to collocate equipment on the tower at commercially reasonable lease or license terms so as to accomplish the purpose of minimizing the number of such towers that must be erected in the Carmel-Clay community, and Petitioner will agree to submit any disputes regarding the commercial reasonableness of such terms to binding arbitration. 3. Petitioner will notify the director of the Department of Community Services within 30 days after any oral or written communication from a wireless communication service provider inquiring about collocation on the tower and providing the director with the name and address of the provider making the inquiry. 4. Petitioner shall construct and maintain a wood privacy fence around its leased area and 15' landscaped and maintained area as depicted on the landscape site plan prepared by First Group Engineering and dated April 25, 2006. MISCELLANEOUS 1. These commitments shall be binding on the Petitioner, successors and assigns, and other persons acquiring an interest in the real estate. 2. These commitments shall be effective upon the adopting of Petitioner's Special Exception and granting of Developmental Standards Variance under Docket No. 06040014 SE and Docket No. 06040015 V, respectively, and shall continue in effect so long as (i) the Real Estate is used for wireless telecommunications purposes; or (ii) until these commitments are vacated by the Carmel-Clay Board of Zoning Appeals at a public hearing after proper notice has been given. 3. These commitments may be enforced by the City of Carmel, Indiana or the Carmel-Clay Board of Zoning Appeals or its duly authorized agent. ~.' i u o The undersigned hereby authorizes City of Carmel or its designee to record this commitment in the Office of the Recorder of Hamilton County, Indiana, upon final approval of Docket No. 06040014 SE and Docket No. 06040015 V. In witness whereof, owner(s) haslhave executed this instrument this ,2006. day of SIGNATURE SIGNATURE PRINTED NAME PRINTED NAME COUNTY OF ) ) SS: ) STATE OF Before me, a Notary Public in and for said County and State, appeared the Owner(s) herein, who, being first duly sworn, acknowledged the execution of the foregoing as hislher/their voluntary act and deed for the uses and purposes expressed therein. Witness my hand and notarial seal this day of ,2006. My commission expires: Notary Public County of Residence: Printed Name THIS INSTRUMENT PREPARED BY James A.L. Buddenbaum, 201 N. lllinois Street, Suite 300, Indianapolis, Indiana 46204. 183759 CARMEL (IWC NEOLlA) WATER oJ. IWC Valve ... IWC Hydrant . IWC Fitting - IWC Pipes Roads Interstate US Highway State Road Major Roads Minor Roads Subdivision Roads New Subdivision Roads Private Road or Drive D Parcels: April 2006 ~ Color Ortho Photo 2004 ~ ~ ......, 500 0 N SCALE 1 : 6,000 A I 500 FEET I 1,000 . I 1,500 -. AERIAL LOCA liON MAP c c FO~ 'I:::;l ::0 C? ,'--. V ' ~ V/ 0-.12::::. 'n ~ rr:! g t::l } 0'> :)\,;,! /" _ / /.)/ -- --- 2647 Waterfront Parkway East Drive. Suite 150 . Indianapolis, Indiana 46214 . PHONE 317-299-2996. FAX 317-293-1331 G PD ASSOCIATES Engineers, Architects. Planners ,ill D ";.;. i~ ~ P<,-~ ~ ~ VIEW LOOKING FROM LOCATION #1 (BALLOON) . 2647 Waterfront Parkway East Drive. Suite 150 . Indianapolis, Indiana 46214 . PHONE 317-299-2996. FAX 317-293-1331 GPD ASSOCIATES Engineers. Architects. Planners o o j' PROPOSED 135' MONOPOLE w/6 PANEL ANTENNAS TOTAL FLUSH MOUN~D AT 135' & 130' 11 H VIEW LOOKING FROM LOCATION #1 -~ 2647 Waterfront Parkway East Drive Suite 150 . Indianapolis, Indiana 46214 . PHONE 317-299-2996. FAX 317-293-1331 GPD ASSOCIATES Engineers. Architects. Planners c o VIEW LOOKING FROM LOCA liON #2 (BALLOON) -. 2647 Waterfront Parkway East Drive Suite 150 . Indianapolis/Indiana 46214 . PHONE 317-299-2996. FAX 317-293-1331 G PO ASSOCIATES Engineers. Architects. Planners o o VIEW LOOKING FROM LOCATION #2 -. 2647 Waterfront Parkway East Drive Suite 150 . Indianapolis, Indiana 46214 . PHONE 317-299-2996. FAX 317-293-1331 \'~ .J ~\ " 1>~ '., GPD ASSOCIATES Engineers. Architects. Planners c .0 I .I ~ ~-r .: :/ '~f' ",' ",.' .~ / ~~ . ,:,~ ~ "~ ":;' .,;;J- "r ~ o o VIEW LOOKING FROM LOCATION #3 (BALLOON) . 2647 Waterfront Parkway East Drive Suite 150 . Indianapolis/Indiana 46214 · PHONE 317-299-2996. FAX 317-293-1331 GPO ASSOCIATES Engineers. Architects. Planners ..,/ '"..,- '" Z '.f>;' ..~ '" ,',' ;? x~ , ri PROPOSED 135' MONOPOLE wIG PANEL ANTENNAS TOTAL FLUSH MOUNTED AT 135' & 130' ,.-.' rf c o VIEW LOOKING FROM LOCA liON #3 '. 2647 Waterfront Parkway East Drive Suite 150 . Indianapolis/Indiana 46214 · PHONE 317-299-2996. FAX 317-293-1331 GPD ASSOCIATES Engineers. Architects. Planners .0 o VIEW LOOKING FROM LOCA liON #4 (BALLOON) -. 2647 Waterfront Parkway East Drive. Suite 150 . Indianapolis, Indiana 46214 · PHONE 317-299-2996. FAX 317-293-1331 GPO ASSOCIATES Engineers. Architects. Planners 'I ~ . ~\~J ..t PROPOSrn 135' MONOPQU; . w~b t'....Nl:l AN II:NI'-!A~ I q\1 AL n."USII MOUNl ro AT"l,IW\&i~i~I' f!' ;~ VIEW LOOKING FROM LOCA lION #4 '. 2647 Waterfront Parkway East Drive Suite 150 . Indianapolis/Indiana 46214 . PHONE 317-299-2996. FAX 317-293-1331 G PD ASSOCIATES Engineers. Architects. Planners o c ~ 1& u ~ o 1m o VIEW LOOKING FROM LOCATION #5 (BALLOON) -. 2647 Waterfront Parkway East Drive . Suite 150 . Indianapolis, Indiana 46214 · PHONE 317-299-2996. FAX 317-293-1331 GPO ASSOCIATES Engineers. Architects. Planners " ~ Wi PR9pOSED 135' MONOeOlE \v/6PANEl ANTENNAS TOTAL FLUSH MOYNTEDAT.qS' & do' o c VIEW LOOKING FROM LOCATION #5 -A 2647 Waterfront Parkway East Drive Suite 150 . Indianapolis, Indiana 46214 · PHONE 317-299-2996. FAX 317-293-1331 GPO ASSOCIATES Engineers, Architects. Planners o o VIEW LOOKING FROM LOCA liON #6 (BALLOON) . 2647 Waterfront Parkway East Drive. Suite 150 . Indianapolis, Indiana 46214 . PHONE 317-299-2996. FAX 317-293-1331 GPO ASSOCIATES Engineers. Architects. Planners PROPOSED 135' MONOPOLE w/6 PANEL AN1ENNASTOTAL 'FLUSH MOUN1ED AT "'. . 130. \ .~. : c o VIEW LOOKING FROM LOCATION #6 -~ 2647 Waterfront Parkway East Drive Suite 150 . Indianapolis, Indiana 46214 . PHONE 317-299-2996. FAX 317-293-1331 GPD ASSOCIATES Engineers. Architects. Planners . o ) -, ), '-> o o New Cingular Wireless PCS, LLC 12120 Brookshire Parkway 0 B-t Ij] B-2 . B-3 0 B-5 III B-6 ~ B-7 11 B-8 0 C-t ~ C-2 ~ H [j] M-3 I!TI OM lIJ] P-I . PUO D R-I 0 R-2 fiI R-3 111 R-4 III R-5 0 5-1 0 5-2 0 t.0 U/ACAE [] t.3 U/ACRE .. ~ PARKWOOO PRIMARY ~ PARKWOOO OUTLOT ISJ US 31 CORRIDOR B US 421 CORRIDOR 0 SR 431 COARIOOR CIty of Carmel/Clay Township OfficIal ZonIng Map I Produced a; CIty of Carmel GIS for Department of CommunIty ServIces Produced: 07/19/2001 Last ModifIed: 3/25/2005 Official ZonIfI<} Mop os adopted Ilt RESOWTlOII 1I0.CC-/I-G5-G1-{)9 1//05/2001 N 9 0 B-1 ~ B-2 .. B-J C 0 B-5 II B-6 I:] B-7 !il B-B 0 C-l il C-2 0 1-1 ~ M-J I'!l OM /I P-l . puo 0 R-l 0 R-2 0 R-3 Ii] R-. Iii1 R-5 0 5-1 0 5-2 0 I.B U/A(RE 0 1.3 U/ACRE ~ PARKWOOO PRIMARY ~ P.""J:"~TlOT ~ US OaR B ,. US 421 RRIDOR 121 SR 431 CORRIDOR &wJ M pt'OptIrf'( data {Jr(/llJdetJ ~ HQIri/tQn ~./~/o,., GIS H)ME PLACE DISTRICT BCRJNQARY __nn OLD TOWN DISTRICT BOUNDARY RANGE LINE RD/CARMEl OR OVERLAY ZONE ,. ./ J: Brookshire Golf Course, proposed cell tower location, just north of 11725 Bradford Place. Brookshire Golf Course, northwest ofll6th St & Gray Rd. Zoned P-l/Parks & Recreation Special Exception: Proposed 14-ft Monopole Cell Tower Location, Proposed Brookshire Golf Curse Cingular Cell tower equipment building Docket No. 06040014 SE '~..-~' @li;.. THESE DRA\'<lNGS ARE IN NO WAY AN INDICATION OF APPROVAL or ANY I1t:M(S) PE~TA1NING TO Tl-1E CONSTRUCTION or ii-liS PROJECT, OTHER THAN PLANTS AND LANDSCAPING l.!ATERIAl * PLANT so ThAT TOP OF ROOT BALL IS EVEN 'MTrl THE FINISHED GRADE. !I I j SOil CONDITIONS HAVE NOT BEEN TEsTED. iT IS THE RESPONSIBILITY OF THE lANDSCAPE CONTRACTOR TO NOTIFY THE: OWNER'S REPRtSENTATlVE IF ANY CONDITIONS ARE NOT SATISFACTORY QUANTITY SCIENTIFIC NAME PLANT SCHEDULE 2J THUJA OCCIDENTALS 'TECHNY WATER ,AND T Alr.lP TO REMOVE AIR POCKETS cur BURLAP ASD ALL STRING AWAY FROM TI'UNI< 00 NOT LEAVE BURLAP EXPOSED SHREDDED 8A~K UUlCH PLANTlNG MIX TO BE 2/3 TOPSOil AND 1/3 SPHAGNUM PEAT ~ 16 C.Y. 3 PLANTING DETAIL OJ SCALE: NONE ~ t LIMITS Of CONSTRUCTION. LANDSCAPE CONTRACTOR SHAll REPAIR DISTURBED AREAS WiTh SEED AND STRAW MULCH G;);:'~D~C!~E DETAIL BROOKSHIRE SITE NO. IN-0410 12120 BROOKSHIRE PKWY CAPMEl, IN 46033 FIRST GROUP ENGINEERING INC. CONSULTING ENGINEERS 0714 W. 74TH STREET. INDIANA-POUS. INDIANA PH. <:31 7) 21l0-VMY FAX (317) 290-9~60 ~cing~R!~r 6 /l \"7 ~~ j) ((~.' C/' ~ PLANTING NOTES 1. LANDSCAPE CONTRACTOR (CONTRACTOR) SHALL V,SIT JOB SITE. iNSPECT €:XISIING COND1ll0NS ..I,NO REVIEW PROPOSED PLANTING AND RELATED WOR!<. IN CASE or DISCREPANCY 3ETYvtEN FLAN AND PLANT LIST, PLAN SHALL GOVERN QUANTITIES. 2. AU. UNDERGROUND UTILITIES SHOULD BE LOCATED IN THE nEW PRiOR TO COMMENCEt,lENT or WORK. 3 CONTRACTOR 'HILL SuPPLY FINISHED GRADE AND EXCAVAiE AS NECESSARY TO :,'UP?L y 4H TOPSOil O::PTH IN ALL PLANTING BEDS D ~ZE 4. ALL PLANT MATERIAL TO BE PREMjU~ GRADE NURSERY STOCK. PLA.'IIT MATERIAl SHALL CONFORM TO THE COOE OF STANDARDS x.'- BY -ll-IE AMERICAN STANDARDS FOR NURSERY STOCK: NO 9AR[ ROOT OR PARK GRADE ~ATERIAL WILL BE ACCEPTED. 5. GUARANTEE Of" PLANTS FOR ONE (1) YEAR SHALL BEGIN AF"TER ACCEPTANCE BY Oi'-"lER AND/OR PROJECT REPRESENTATIVE. THE CONTRACTOR SHALL GUARANTEE All PLANTS TO BE IN A HEALTHY, '...,COROUS CONDITION F"OR Ii FERIOD OF" ONE (1) '(EAR F"OLlOIMNG ACCEPTANCE. CONTRAOOR SHALL REPLACE, 'NIlliOUT COST TO O.....'NER. ANY DEAD OR UNACCEPTABLE PLANTS. 6. THE CONTRACTOR SHALL ,l.SSUI.l( ALL MAINTENANCE RESPONSlBIUTlES FOR A MINIUUt.I CF ONE (1) YEAR. ~AINTENANCE_ SHALL INCLUDE WATERING, WEEDING. AND OTHER OPERA TlONS NECESSARY TO KEEP PLANT Ir,(A TERIAL IN A THRIVING CONDITION 5' 7. All LANDSCAPE AREAS SHALL HAVE PROPER QRAINAGE THAT FREVENTS EXCESS WATER FROM STAN[)JNG AROUND TREES. 13. MULCHING AND WATERING OF ALL TREES SHAll BE :Mt.!EDIATElY OR WiTHIN 16 HOURS ArTER INSTAllATlON. 9. IT IS INTENDED friAl THIS SITE WILL MATCH EXlSTlNG GRooNJ ELEVATIONS AND "MLL MAINTAIN EXISTING DRAINAGE PAT1[RNS WHERE APPLICABLE. c PROPOSED CINGUlAR AtHENp.jAS 1~5'-O~ FROPOSED CINGULAR ANTENNAS 130'-0. PROPOSED 135' -c~ t.lONOFOlE ,8 \ , \: \: > \ i ! , i I ! 1:0. ~) ~ ~ ..f\ \"."./0 '~:\ c.: '6 C1 ?fl \ \\ , \ , \ ~ PROPOSED CHAIN LINK '"ENCE .~, L rORADE ' . A , SITE ELEVATION 0' SCALE: NONE " 11/15/05 o$SlJ[DFfftlONIIIG NO [;IIR 3 CINGULAR WIRELESS LANDSCAPING D::TAILS IN-0410-0J 11 r 17 ~lt If" .~. --~~,,' . ~ "''',- \ RECEIVED \ APR 1 92006 DOCS DOCKET NO: 06040014 SE DOCKET NO: 06040015 V . . \", ''-._~ '....~.' l \. ",/ "'-,. .:- --...-'-' ' / CARMEL BOARD OF ZONING APPEALS OF HAMILTON COUNTY, INDIANA COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH VARIANCE, SPECIAL EXCEPTION OR APPROVAL GRANT EXHIBIT "A" IN ACCORDANCE WITH IC 36-7-4-921, THE OWNER OF THE REAL ESTATE LOCATED IN HAMILTON COUNTY, INDIANA, WHICH IS DESCRIBED BELOW, M~KES THE FOLLOWING COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF THE PARCEL OF REAL ESTATE: LEGAL DESCRIPTION: (INSERT OR REFERENCE ATTACHMENT HERE) See attached STATEMENT OF COMMITMENTS: 1. The tower will be designed and erected in such a manner as to reasonably accommodate equipment of up to 4 wireless communication service providers. 2. New Cingular Wireless PCS, LLC ("Cingular Wireless"), and its successors and assigns, will offer the tower to any wireless communication service provider that seeks to collocate equipment on the tower at commercially reasonable lease or license terms so as to accomplish the purpose of minimizing the number of such towers that must be erected in the Carmel-Clay community, and Cingular Wireless will agree to submit any disputes regarding the commercial reasonableness of such terms to binding arbitration. 3. Cingular Wireless will notify the director of the Department of Community Services within 30 days after any oral or written communication from a wireless communication service provider inquiring about collocation on the tower and providing the director with the name and address of the provider making the inquiry. THESE COMMITMENTS SHALL BE BINDING ON THE OWNER, SUBSEQUENT OWNERS AND OTHER PERSONS ACQUIRING AN INTEREST IN THE REAL ESTATE. THESE COMMITMENTS MAY BE MODIFIED OR TERMINATED BY A DECISION OF THE CARMEL-CLAY BOARD OF ZONING APPEALS MADE AT A PUBLIC HEARING AFTER PROPER NOTICE HAS BEEN GIVEN. COMMITMENTS CONTAINED IN THIS INSTRUMENT SHALL BE EFFECTIVE UPON THE GRANT OF VARIANCE, SPECIAL EXCEPTION OR APPROVAL DOCKET NO 06040014 SE AMD DOCKET NO. 06040015 V BY THE CARMEL BOARD OF ZONING APPEALS. THESE COMMITMENTS MAY BE ENFORCED JOINTLY AND SEVERALLY BY: 1. THE CARMEL PLAN COMMISSION; 2. OWNERS OF ALL PARCELS OF GROUND ADJOINING THE REAL ESTATE; AND THE UNDERSIGNED HEREBY AUTHORIZES CITY OF CARMEL OR ITS DESIGNEE TO RECORD THIS COMMITMENT IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, UPON FINAL APPROVAL OF DOCKET NO 06040014 SE AMD DOCKET NO. 06040015 V. PRINTED NAME PRINTED NAME ) ) SS: ) STATE OF COUNTY OF Before me, a Notary Public in and for said County and State, appeared the Owner(s) herein, who, being first duly sworn, acknowledged the execution of the foregoing as his/her/their voluntary act and deed for the uses and purposes expressed therein. Witness my hand and notarial seal this day of ,2006. My commission expires: Notary Public County of Residence: Printed Name THIS INSTRUMENT PREPARED BY James A.L. Buddenbaum, 201 N. Illinois Street, Suite 300, Indianapolis, Indiana 46204. 183580 Amend Section 25.12.1 (7) to read: "A building permit An Improvement Location Permit shall be required prior to the erection of a satellite receiving antenna greater than twenty-four (24) inches in diameter." Amend Section 25.13: Towers; .1: Development Standards; (I): Zoning to read as follows: 25.13.1 Development Standards: 1. Zoning. A. c. Business Industrial and Manufacturinl!: Districts. Towers shall be permitted as Special Uses only in the Business, Industrial, and Manufacturing Districts, and as such are subject to the approval of the Board of Zoning Appeals under Chapter 21 of the Zoning Ordinance. i. Business Districts. A Tower must meet all setback requirements of the district in which it is erected. No Tower may be erected between a Principal Building and a Street. ii. Industrial and Manufacturinl!: Districts. A Tower may encroach into the required Rear Yard so long as the Rear Lot Line does not abut a Residential District. No Tower may be erected between a Principal Building and a Street, except in the required Side Yard in Manufacturing or Industrial Districts. Residential Districts. Towers shall be permitted in the Residential Districts only as Special Exceptions, and as such are subject to the approval of the Board of Zoning Appeals under Chapter 21 of the Zoning Ordinance. If a Tower is permitted as a Special Exception in a Residential District, the tower must be built: i. not less than one hundred (100) feet, plus one (1) additional foot for every for every foot of the Tower's height, from the property line of any parcel zoned and/or used for residential purposes, and ii. not less than one-half (lI2) mile from any other existing or approved Tower on which collocation is possible. iii. No Tower may be erected between a Principal Building and a Street. Overlav Zones. If a Tower is located in an Overlay Zone, it shall may also be subject to Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) approval in accordance with the Development Standards established for that Overlay Zone. B. PROJECT INFORMATION c SCOPE OF WORK: UNMANNED TELECOMMUNICATIONS FACILITY INSTALLATION SITE ADDRESS: 12120 BROOKSHIRE PKWY CARMEL, IN 46033 LATITUDE: 39' 57' 41.18" LONGITUDE: 86' 05' 56.45" JURISDICTION: CITY OF CARMEL PROPOSED USE: TELECOMMUNICATIONS FACILITY DIRECTIONS: FROM THE INTERSECTION OF 1-465 AND S.R. 431 ON THE NORTH SIDE OF INDIANAPOLIS, TAKE S.R. 431 NORTH TO 116TH STREET, TAKE 116TH STREET EAST TO GRAY ROAD, TAKE GRAY ROAD NORTH TO BROOKSHIRE PARKWAY, TAKE BROOKSHIRE PARKWAY WEST TO ENTRANCE TO GOLF COURSE. FOLLOW MAIN DRIVE SOUTHWEST TO SITE. . TELCO PROVIDER: SBC POWER PROVIDER: CINERGY DRAWING INDEX IN-041o-01 IN-0410-02 IN-0410-03 IN-0410-04 IN-041o-LS01 IN-041o-LS02 IN-041o-LS03 TITLE SHEET SITE LAYOUT PLAN & TOWER ELEVATION LANDSCAPING DETAILS UTILITY ROUTE SITE SURVEY DETAILS PARENT TRACT DETAIL NOTES 1. SEE THE FOLLOWING NOTES, SYMBOLS AND DETAilS, BECHTEL DOCUMENT NUMBER 24782-000-A3-EF-0000l FOR THE IMPLEMENTATION OF THIS SITE DESIGN PACKAGE: CONCRETE AND REINFORCING STEEL NOTES....... ........(DETAll 102) APPLICABLE BUilDING CODES AND STANDARDS.. .........(DETAll 103) DIRECT BURIED CONDUIT DETAIL............... ... DETAIL 105 ABBREVIATIONS & SyMBOLS........................... ... DETAil 112 GROUND ROD DETAIL...................................................... DETAIL 114 INSTALLATION OF GROUND WIRE TO GROUND BAR....... DETAil 118 GROUND BAR.......................................................... ........ DETAIL 119 CONNECTION OF CABLE GROUND KIT........................... DETAIL 121 CONNECTION OF GROUND WIRE TO GROUND BAR........ DETAIL 122 ANTENNA CABLE GROUNDING-MONOPOlE...................... DETAil 123 INSTALLATION OF GROUNO WIRE TO GROUND BAR DETAil 132 PLAN VIEW - TOWER DETAIL................................ ........ DETAIL 611 SITE WORK GENERAl NOTES............. .............. DETAIL 619 STRUCTURAL STEEL NOTES.................. .................. DETAIL 620 GROUNDING NOTES... ... ........................... .................. .. DETAil 621 ELECTRICAL INSTALLATION NOTES.......... .................. jDETAIL 622 GENERAL NOTES...... ................. ... " .... DETAil 623 COAX TAG IDENTIFICATION DETAil FOR GREENFlElDS. DETAil 636 GROUND ROD WITH ACCESS AREA...................... . DETAil 644 ANTENNA ASSEMBly........................................... . DETAil 802 FIRST GROUP ENGINEERING INC, CONSULTING ENGINEERS 5714 W. 74TH STREET. INDIANAPOUS, INDIANA PH. (317) 290-9549 FAX (317) 290-9560 6 HOLEY MalEY SAYS "DIG SAFELY" ~ "IT'S THE LAW" CAlL 7 tI/IIORKNC t)U'S IICFDRC l1:lU lJIt; 1-800-382-5544 CIU rou F7Ia PER ~ STAT[ LAW ICI- )-26- II IS IrGAHST TK I.AlIW Ttl ElCCWATE WITHOUT ~ THE UNOERGROUNO lOCATlON S[AYIC[ TWO (7) WCRlONC DAYS ,BET~ CCIUM(NaNC WORK. BROOKSHIRE SITE NO. IN-0410 12120 BROOKSHIRE PKWY CARMEL, IN 46033 =1 cing~R!!!r ,/ ..;W -........ -'" \ ( / r ,... \ r"'-' RLiCcr\.H ~ I- .\...I ,~.~ ~PH - 7 '2.\l~6 D .~~ ....:.--... SITE NUMBER: IN-0410 SITE NAME: BROOKSHIRE REV A A A A A A VICINITY MAP 'I ,'''' 1J2'._~~:: ;C~:;::~~~., , ~;JU) rtW':,:::'''' , \~,v ~~ '-cd', :( ,:-.J.' ~' :JL~~.JL ---:J D:::J'" C'" . ,\, rn" ~.', L_ ~cing~R!~r A 11/1~/C5 ISSuED FOR iONING NO. DAlE REVISIONS '.~ ',",... - '[', .- , . ~ " -. .~, ' <./ ~- 1,< - ~, .,Ie,I'" /~~- . Psc~ SCALE. AS $H('>WN 4 .3 APPLICABLE BUILDING CODES AND STANDARDS SUBCONTRACTOR'S WORK SHAlL COMPLY WITH AlL APPLICABLE NATIONAl, STATE, AND LOCAL CODES AS ADOPTED BY THE LOCAl AUTHORITY HAVING JURISDICTION (AHJ) FOR THE LOCATION. THE EDITION OF THE AHJ ADOPTED CODES AND STANDARDS IN EFFECT ON THE DATE OF CONTRACT AWARD SHAll GOVlERN THE DESIGN. c BUILDING CODE: [INTERNATIONAl BUILDING CODE (IBC), LATEST EDITION AS ADOPTED BY AHJ] ELECTRICAl CODE: [NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) 70 - LATEST EDITION, NATIONAL ELECTRICAL CODE. AS ADOPTED BY AHJ] LIGHTNING PROTECTION CODE: [NFPA 780 - LATEST EDITION, LIGHTNING PROTECTION CODE) SUBCONTRACTOR'S WORK SHAlL COMPLY WITH THE LATEST EDITION OF THE FOLLOWING STANDARDS. AMERICAN CONCRETE INSTITUTE (ACI) 318, BUILDING CODE REQUIREMENTS FOR STRUCTURAL CONCRETE AMERICAN INSTITUTE OF STEEL CONSTRUCTION (A1SC). MANUAl OF STEEL CONSTRUCTION, ASD, NINTH EDITION TELECOMMUNICATIONS INDUSTRY ASSOCIATION (TIA) 222-F, STRUCTURAL STANDARDS FOR STEEL ANTENNA TOWER AND ANTENNA SUPPORTING STRUCTURES: TIA 607, COMMERCIAL BUILDING GROUNDING AND BONDING REQUIREMENTS FOR TELECOMMUNICATIONS INSTITUTE FOR ELECTRICAl AND ELECTRONICS ENGINEERS (IEEE) 81, GUIDE FOR MEASURING EARTH RESISTIVITY, GROUND IMPEDANCE, AND EARTH SURFACE POTENTIALS OF A GROUND SYSTEM IEEE 1100 (1999) RECOMMENDED PRACTICE FOR POWERING AND GROUNDING OF ELECTRONIC EQUIPMENT IEEE C62.41, RECOMMENDED PRACTICES ON SURGE VOLTAGES IN LOW VOLTAGE AC POWER CIRCUITS (FOR LOCATION CATEGORY "C3" AND "HIGH SYSTEM EXPOSURE") TELCORDIA GR-1275, GENERAL INSTALLATION REQUIREMENTS TELCORDIA GR-1503, COAXiAl CABLE CONNECTIONS ANSI T1.311, FOR TELECOM - DC POWER SYSTEMS - TELECOM, ENVIRONMENTAL PROTECTION FOR ANY CONFLICTS BETWEEN SECTIONS OF LISTED CODES AND STANDARDS REGARDING MATERIAL, METHODS OF CONSTRUCTION, OR OTHER REQUIREMENTS, THE MOST RESTRICTIVE REQUIREMENT SHALL GOVERN, WHERE THERE IS CONFLICT BETWEEN A GENERAL REQUIREMENT AND A SPECIFIC REQUIREMENT, THE SPECIFIC REOUIREMENT SHALL GOVERN. 8 A 11 , 1) SIZ[ A CINGULAR WIRELESS TITLE SHEET OR.AWlNG NUlrol8EFO RfV ,~.....< '~.., .f IN-041Q- 01 2 ~...--...-<~/. {. ! i L "- (4. Pine - T;p) "- \ \ "- "- "- --- (Aspholl) '. ". " ". " ". ". "" ". (Concr~te) LENGTH OF CONDUIT FROM SOURCE TO DEMARC ELECTRICAL 45:i LFT. TELCO T.B.D. ~ /: ./ ./ --- --- e)""" (SIVmp)) """ ------- LENGTH OF CONDUIT FROM DEMARC TO SHELTER ELECTRICAL 48:i LFT. TELCO 53:i LFT. LENGTH OF GRAVEL WALKWAY, C.l. FROM GATE TO EXISTING GRAVEL GRAVEL 6:t LFT. (Grovel) (Bv#ding) (Gross) PROPOSED 20' WIDE ACCEss/UnUTY EASEMENT '"I VALMOUNT PN: (1) 852366 PRoPOSED 4. DIA. CONDUIT (1) FOR PO~R AND (1) FOR TELCO PRoPOSED 135' MONOPOLE PROPOSED 8' (24. sycomore)\ QiAIN-UNK FENCE \, (Grovel) 0r\ '\ PROPOSED POWER AND ~ ~ TELCO FRAME ~l Y ~ "-ty~/ / .~ PROPOSED 80UARD / \ (TYP. or 4) \ / \ / \ < \ \ " \ " \ " / \ V \ /\ \ \ , \ \ I I I / / / f I I I I I I (ASphol/) / / / / (Debris Pile) SCALE: 1M = 10' \ \ \ .. .. .. \ (&0 vel) /\ o 10' ~_-.J (Concrete) (Cross) FIRST GROUP ENGINEERING INC. CONSULTING ENGINEERS 5714 W. 74TH STREET, INDIANAPOLIS, INDIANA PH. (317) 290-9549 FAX (317) 290-9580 BROOKSHIRE SITE NO. IN-0410 12 i 20 BROOKSHIRE FKWY CARMEL. I~J 460.3.3 ;;:cing~A~~[ [ c: .:; TRUE NORTH (j If) o ~ ~ "<Xl ;!Oil) 0'. on Z L> ;:: w Z '-' <t ~ TOP OF PROPOSED LIGHTNING ROO 140' o I PROPOSED .0 CHAINlINK G.C. TO SUPPLY AND INSTALL METAL APPARATUS TO SUPPORT TOP JUMPER EVERY THREE (3) FT. FUTURE ANTENNAS DESCRIPTION: 13' LOW PROFILE PLATFORM, WITH HANDRAIL (INCLUOES 12-84" ANTENNA MOUNTING PIPES o NOTE: CONTRACTOR TO ADD/PROVIDE CABLE HOIST PER MANUFACTURERS INSTALLATION GUIDELINES. PROPOSED CINGUlAR ANTENNAS 135'-0. PROPOSED CINGULAR ANTENNAS DO' -0' \ 1. L CONTRACTOR TO PROVIDE SECTOR GROUND BAR AT EACH SECTOR FOR TWO (2) LUG CONNECTION AND MOUNTED WITH STAINLESS STEEL BRACKETS. (SEE GROUND BAR DETAIL) 2. GROUND WIRE AND MAIN COAX CABLE MUST BE SUPPORTED EVERY 3 FEET IN/ON THE MONOPOLE/TOWER. 3. GROUNDING OF MAIN COAX CABLE SHALL BE IN ACCORDANCE WITH EUPEN SPECIFICATIONS. 4. CONTRACTOR SHALL WEATHERPROOF MAIN COAX CABLE CONNECTIONS PER EUPEN SPECIFICATIONS. c FOUR ANTENNAS PER SECTOR WITH LOW PROFILE PLATFORM CONFIGURATION MONOPOLE MOUNTING DETAIL NTS ICE PROPOSED CINGULAR EOUIPMENT SHELTER '\ PROPOSED LOW LIGHT ~ AT SHELTER ENTANCE ----.... SCALE .G:;, :.>-;(I'"VN A 11/1~/O~ ISSuED rOR ZOrJ1NG B PROPOSED MONOPOLE ~\,tHii.~:ttllll \,\,\'\\~ ~.~CE C /111111 FIN...M"t'l.~'\.-...-......< 8/. " .' . 'STE '. v...... I, < ':;>-'" /;"'\,(:., 111"'" T. ~ . --..).... \, . ~() .... ~ ~ ! No. \((' , [ 18417 i :~ -0 \ STATE OF j ., -0 . .Q::- _ :'"0''' /1,- ~ ....;. ~'.'. /II. ....i"';4oJ~ '/ (<': '..JvD'A~f'. .... ~ ~ /.1';, 's:0/............,......~\0' $" //< ,_, '.r')~, ., \__\~ ,;,-", .... ~~ ---------- MONOPOLE ~ V FOUNDATION (BY OTHERS) TOWER ELEVATION N.T,S NO DJ.1( PEV!S:ION~ [-[SiGNED BY ~AN ~ 2 ~/'V1/~"'''. L "I . ~6/C'f" A CINGULAR WIRELESS SITE LAYOUT PLAN & TOWER ELEVATION ("I~J;.WING NUlJeU' "PO if'J- 04 i c-- (':2 A. n , .~ Slit "sr ~ c PLANTING NOTES FORM SAUCER ~TH A 4" CONTINUOUS RIM ~... '>:"<""L'., H~~II(~H" '~r '... =111 III~ SPECiFIED PLANTING MIX ~ 113 , ,'U I~ WATER AND TAMP TO 'I _11'1.....nr-lfI.. rrl= REMOVE AIR POCKETS '-' , '-I I 1-' , ,-, , '- NOTE, T1HESE DRA~NGS ARE IN NO WAY AN INDICATION OF APPROVAL OF ANY ITEM(S) PERTAINING TO THE CONSTRUCTION OF TIHIS PROJECT, OTHER T1HAN PLANTS AND LANDSCAPING MATERIAL. 23 T1HUJA OCCIDENTALS 'TECHNY' MISSION ARBORVITAE *' 6' 1. LANDSCAPE CONTRACTOR (CONTRACTOR) SHALL VISIT JOB SITE. INSPECT EXISTING CONDITIONS AND REVIEW PROPOSED PLANTING AND RELATED WORK. IN CASE OF DISCREPANCY BETWEEN PLAN AND PLANT LIST, PLAN SHALL GOVERN QUANTITIES. 2. ALL UNDERGROUND UTILITIES SHOULD BE LOCATED IN THE FIELD PRIOR TO COMMENCEMENT OF WORK. 3. CONTRACTOR ~LL SUPPLY FINISHED GRADE AND EXCAVATE AS NECESSARY TO SUPPL Y 4" TOPSOIL DEPTIH IN ALL PLANTING BEDS. D 4. ALL PLANT MATERIAL TO BE PREMIUM GRADE NURSERY STOCK. PLANT MATERIAL SHALL CONFORM TO T1HE CODE OF STANDARDS SET BY "TIHE AMERICAN STANDARDS FOR NURSERY STOCK: NO BARE ROOT OR PARK GRADE MATERIAL WILL BE ACCEPTED. 5. GUARANTEE OF PLANTS FOR ONE (1) YEAR SHALL BEGIN AFTER ACCEPTANCE BY OWNER AND/OR PROJECT REPRESENTATIVE. T1HE CONTRACTOR SHALL GUARANTEE ALL PLANTS TO BE IN A HEAL T1HY, VIGOROUS CONDITION FOR A PERIOD OF ONE (1) YEAR FOLlO~NG ACCEPTANCE. CONTRACTOR SHALL REPLACE, ~TIHOUT COST TO OWNER, ANY DEAD OR UNACCEPTABLE PLANTS. 6. T1HE CONTRACTOR SHALL ASSUME ALL MAINTENANCE RESPONSIBILITIES FOR A MINIMUM OF ONE (1) YEAR. MAINTENANCE SHALL INCLUDE WATERING, WEEDING, AND OTHER OPERATIONS NECESSARY TO KEEP PLANT MATERIAL IN A T1HRIVlNG CONDITION. 7. ALL LANDSCAPE AREAS SHALL HAVE PROPER DRAINAGE THAT PREVENTS EXCESS WATER FROM STANDING AROUND TREES. 8. MULCHING AND WATERING OF ALL TREES SHALL BE IMMEDIATELY OR ~THIN 16 HOURS AFTER INST ALL A TlON. 9. IT is INTENDED T1HA T TIHIS SITE WILL MATCH EXISTING GROUND ELEVATIONS AND WILL MAINTAIN [l(JSTlNG DRAINAGE PATTERNS WHERE APPLICABLE. * PLANT SO THAT TOP OF ROOT BALL IS EVEN ~TH THE FINISHED GRADE. o I '" SOIL CONDITIONS HAVE NOT BEEN TESTED. IT IS T1HE RESPONSIBILITY OF THE LANDSCAPE CONTRACTOR TO NOTIFY T1HE OWNER'S REPRESENT A TlVE IF ANY CONDITIONS ARE NOT SA TlSF ACTORY. PLANT SCHEDULE QUANTITY SCIENTIFIC NAME COMMON NAME SYMBOL SIZE PLANTING MIX TO BE 2/3 TOPSOIL AND 1/3 SPHAGNUM PEAT ~ ~ CUT BURLAP AND ALL STRING AWAY FROM TRUNK DO NOT LEAVE BURLAP EXPOSED 16 C.Y. SHREDDED BARK MULCH 3 PLANTING DETAIL 03 SCALE: NONE c PROPOSED CINGUlAR ANTENNAS 135'-0" (Stump - '>p. of J)~ _ .' ~~I@. .' ~ PROPOSED CINGULAR ANTENNAS 130'-0" PROPOSED 6' ARBORVITAE SEE PLANTING DETAIL W ~ .' PROPOSED 4' ~ GAlL PROPOSED GRAVEL COMPOUND PROPOSED 135'-0" MONOPOLE B LIMITS OF CONSTRUCTION. LANDSCAPE CONTRACTOR SHALL REPAIR DISTURBED AREAS ~TH SEED AND STRAW MULCH :--- PROPOSED BOLLARD (TYF or 4) PROPOSED 135' MONOPOLE 2 SITE ELEVATION 03 SCALE: NONE .~\\.'. ; d itllll ,':'~'~S~CE C. '::"" -::. '~~\"""'~'~\ST;..."I.J(u ~~, :. ? /;".\.\. ,,;;DL-.... 7:. ~ .: '-..J " ",' 'T~"() ". ~ ' .-::./ N \((\ ~ : 0, \._ FENCE ! 18417 i ~ rGRADE ~:~ \. STATE OF )~ g ~~..'c?"""".". /<i.J ~ :. ....~~')......:'t/D:ANt- ......'# S . !...~:~~/;..:~....:.;...(~\.\\3. ~",~ .~ "'.t/ic /66" ~/-r;.--t"'./1.A.-<-t.. C CINGULAR WIRELESS A 10 I o 10 ..._...~ J inch .. JO Il G;) ;C~~D;.~~~.E DETAIL FIRST GROUP ENGINEERING INC. CONSULTING ENGINEERS 5714 W. 74TH STREET, INDlANAPOUS, INDIANA PH. (317) 290-9549 FAX (317) 290-9560 BROOKSHIRE SITE NO. IN-0410 ~cing~R!~r LANDSUP!t,G DETAILS i 2 i 20 BROOKSHIRE PI<WY CIIRMEL. IN 46C33 A 1 'll~/O~ 1S-.SuED For:: ZONING ~.t.N JDJ ~J( r;AT[ !;EVISIONS. PV C........ PP\ (~...wrNC NuvEf ~ I'Or~' SCl-t E AS SHOW"" C{SIGt~(C. EY MtN c,"t.W'~ E":' rr'J-Q.GiO-03 A c:. ~. ; i ) i7 Silt L PS~ '" c ~- \ P.L (Woods) t-...~ 1 incb ,., &0 f\. Valve) (Woods) PROPOSED 20'.65' LEASE AREA (Cotch Basin) PROPOSED 4' HDPE (CONDUIT FOR TELEPHONE APPROX. 550 Ln.) .< / APP. P.L / / FIRST GROUP ENGINEERING INC. CONSULTING ENGINEERS 5714 W. 74TH STREET, INDlANAPOUS. INDIANA PH. (317) 290-9549 fAX (317) 290-9560 BROOKSHIRE SITE NO. IN-0410 ;:(cing~Rt~r 12120 BRCOKSHIPE PARKWAY C :'PM[L. :N 46033 E ::. '" \. \. "- TELCO PED 12107 PROPOSED .' HDPE (CONDUIT FOR TELEPHONE APPROX. 265 LFT.) 7; APP. P.L ~ 'of <l. If ~ a o <l: Q) fASPholt~ --_/ (' ..\ L. -\-,,-,-\/ (Tu Box) PROPOSED 18'x24" PULL BOX FOR TELEPHONE) -"l F-" ~ \\\1,.BI"'III "" "'CE C "" "", ~~~~_...: & ",'.... j' $...::.y.s:>\S TER;"'~~ ~........,.... '\' () -..-r. ~ -! N \~ ~ '! O. '; ~ I 18417 ,~ ;: ~ \. STATE OF JR:: j ';, ~Q \, /'-i:i ~ "~~ ~""'../'iDrA~f>. ....~ of -, ,<'" ........._.~~ ,...'" ~,#'./....~..I/f"'),.~..\ b-.\ ,\;; ". .' .",,, '%.....~-../ C t;(:/c?6 r.../~ CINGULAR WIRELESS UTILITY PL~N A 11/1~/O~ 15Su[u fOR ZON!NG JfH JuJ lCS 1':0 c.c~ e,:, C....I'. PV DI<J.WI"'(, NlIMB[F' PE'/ISI('ltJ: ~CAL[ .c.'.: ~""C'WN H.J C:41('-O.::l CofSl(.N[D E'r" ..iF'"' DR,c..WN E"': ~lrH -:- 11:t \7 -' L. D c B A. Rr.' ~tJ[ l c y~, \ FLOOD AE FLOOD ZONE X ZONE P.l. 1-.~ (Woods) SEC. 32. ll8N. R4E Q.A Y TOlltISHIP HAMilTON COIJNTY 1 iDcb - 80 fL (Woods) PROPOSED 20' WIDE ACCESSjuTlUTY EASEMENT (Toe of Slope) r(Top of Bonk) PROPOSED 20'x6S' LEASE AREA (Wof", Tonks) (Pe-troleum Tanir) J SURVEY ZONED: P-1 / < / APP.P.l. / PARENT TRACT Port of the southeost (Southwest. Northwest and Northeast) Quarter of Section 32. Township 18 North, Range 4 Eost in Hamilton County. Indiona, more particularly described os follows: Commencing ot 0 Harrison t.Aonument found marking the Southeast corner of the South~st quarter of said Section 32; THENCE North 89 decyees 46 minutes 50 seconds West olong the! South line of soid Quarter Section 481.69 feet; THENCE North 00 degrees 07 minutes 27 seconds West 307.40 feet to the Southwest corner of Gordon reo) estate. Ins\. , 91-2483. the following four (4) courses ond distoncn befng along soid Gordon reol estate: THENCE North 67 degrees 29 minutes 54 seconds East 287.53 feet THENC[ North 00 degrees 07 mmutes 26 seconds West 146.58 feet; THENCE North 84 degrees 0.7 minutes 38 seconds West 267.34 feet; THENCE North 89 degrees 10 minutes 46 seconds West 440.80 feet to the East line ot BrooM:S ....onor. Plot Book 15. pages 88-89; THENCE North 00 degrees 43 mmutes 30 seconds West along soid West line 4.43 feel; THENCE South 89 degrees 47 minutes 13 seconds West olong the North line of said Brooks Manor 222.70 feet to the Eost line at Briar Cove Estotes. Plot Book 6. pages 19-80; n4ENCE North 00 degrees 22 minutes 52 sKonds West along said East line 98.59 feel; THENCE North 73 degrees 38 minutes 15 seconds West olong the North line of said Briar Cove Estates 342.83 feet'. to the Northeast comer of the George C. &: Patricia 8. Stout Real [state. Dl"ed of which is recorded July 30. 1946. Instrument #8646; THENC[ North 72 degrees 45 minutes 34 seconds West along the North line of said Stout real estate. 344.44 feet to the West line of Bradford Place. Plat Book 12. page 79. the following three (3) courses and distonces being olong said Bradford Place; THENCE North 00 degrees 14 minutes 48 seconds West 690.48 feet; THENCE North 73 degrees 56 minutes 15 seconds West 476.37 feet to the NOl'"thwest corner of said Brodford Place; THENCE South 00 degrees 21 minutes 43 seconds Eost 11.70 feet to the Nor-theast corner of Eden Forest. corrected in Plot Book 3. page 87 otso. the following two (2) courses end distonces being along said Eden Forest; THENCE Nor-th 84 degrees 33 minutes 26 seconds West 210.61 fert; THENCE Narth 00 degrees 11 minutes 43 seconds West 424.78 feet; THENCE North 24 degrees 43 minutes 42 seconds West 155.26 feet; THENCE North 24 degrees 48 minutes 27 seconds West 397.64 feet to the North line of said Eden Forest; lHENCE olong said North line North 89 de-grees 24 minutes 50 seconds West 55.96 feet to the Southeost corner of Brookshire. Section 6-B. Plot Boak 4. poges 171-172; THENCE along the Easterly line of said Brookshire, Section 6-B. North 07 degrees 57 minutes 43 seconds Eost 749.56 feet; niENCE continuing along the East line of said Section 6-8 and the Easterly line of Brookshire Section 6-A. Ptat Boe*. 4. page 169. for the following six (6) courseS; THENCE North 15 degrees 01 minutes 45 seconds East 606.37 feet: THENCE North 20 degrees 34 minutes 46 seconds East 234.98 feet; THENCE North '08 degrees 58 minutes 11 seconds East 233.12 feet: THENCE North 16 degrees 16 minutes 45 seconds East 319.71 feet: THENCE North 40 degree 56 mmutes 51 seconds East 442.15 feet; THENCE South 89 degrees 29 minutes 50 seconds Eost 174.25 feet to the West line of Brookshire Overlook. Plot Book 7. page 149. the following eleven (11) courses and distances being oIong said Brookshire Overlook; THENCE South 00 degrees 19 minutes 30 sec.onds West 39.53 feet; THENCE North 89 degrees 40 minutes 30 seconds West 3.64 feet; THENCE South 00 degrees 19 minutes 30 seconds West 85.19 feet; n4[NCE South 00 degrees 19 minutes 30 seconds West 85.19 feet; THENCE South 72 degrees 01 minutes 00 seconds East 74.75 feet: THENCE Norlh 20 degrees 11 minutes 30 seconds East 12.20 feet; THENCE South 69 degrees 48 minutes 30 seconds/East 39.79 feet; THENCE South 16 degrees 26 minutes 45 seconds West 200.00 feet: THENCE South 73 degrees; 33 minutes 15 seconds East 45.00 fe~t; THENCE North 47 degrees 01 minutes 42 seconds Eost 220.37i feet; TH[NCE North 36 degrees 39 minutes 30 seconds Eost 165.00 teet to the Southwest corner of the lumber Mort Real Estole. Deed Boole: 238, poge 272; THENCE NOt"th 45 degrees 19 minutes JO seconds East ol~g the South line of said Lumber ~ort 176.78 feet to the Southeast corner of said lumber Mort reol estate; THENCE North 00 degrees 19 minutes 30 seconds West olong the East line of said lumber Mort 165.00 feet to the North line of the Northeast Quarter of said Section 32; THENCE South 89 deqrees 40 minutes .30 seconds East along said North tine 24..39 feet to the Northwest comer of Brookshire. First Seclion. Plot Book J. poge 108. the following six (6) courses ond distances being along said Brookshire. First Section; THENCE South 32 degrees 39 minutes 00 seconds Eost 217.18 feet; THENCE. South 32 degrees 49 minutes 15 seconds West 217.27 feet; THENCE South 21 degrees 36 minutes 10 seconds West 285.20 feet; THENCE South 47 degrees 05 minutes 35 seconds West 2.50.09 feet; THENCE South 32 degrees 49 minutes JO !seconds West 417_41 feet; THENCE South 38 degrees 59 minutes 30 seconds West 289.36 leet to the Northerly corner of Brookshire, Third Sec.tion. Plot Book 3. poge 145. the tollowmg eteven (11) courses and distances being along soid Brookshire, Third Section; THENCE South 80 degrees 39 minutes 25 seconds West 185.23 feet: THENCE South 17 degrees 00 minutes 00 seconds West 515.96 feet; THENCE South 41 degrees 18 minutes 27 seconds West 199.86 feet; THENCE South 10 degrees 21 minutes 28 seconds West 329.89 feet; THENCE Sooth 06 degrees 10 minutes 00 seconds East 361.87 feet: THENCE South 32 degrees 10 minutes 00 seconds East 366.57 feel; THENCE North 70 deqrees 38 minutes 00 seconds East 136.45 feet; THENC[ North 43 degrees 27 minutes 45 seconds Eost 586.00 feet; THENCE North 06 degrees 10 minutes 00 seconds West 231.76 feet; THENCE North 45 degrees 00 minutes 00 seconds Eost 315.00 feet; THENCE North 60 degrees .5 minutes 26 seconds East 152.09 feet to the Westerly line of Brookshire. Second S.ection. Plot Book 3. page 116. the following nine (9) courses and distances being along said Brookshire Second Section; THENCE South 08 degrees 32 minutes 35 seconds Eost 236.08 teet; THENCE North 62 degrees 51, minutes 20 seconds Eost 170.02 feet; THENCE along 0 curve to the left with 0 rodius of 330.00 feet, the rodius of which bears North 62 degrees 51 minutes 42 seconds East from said point, THENCE along soid: curve on orc distance of 131.64 feet, said curve having 0 delta 01 22 degrees 51 minutes 20 seconds. said orc being subtended by 0 chord bearing South 36 degrees 34 minutes 20 seconds East and having 0 I~gth ot 130.77 feet; THENCE South 50 degrees 00 minutes 00 seconds Eost 268.33 feet; THENCE South 4-0 degrees 00 minutes 00 seconds West 150.00 teet; THENCE South 41 degrees 48 minutes 31 seconds East 9J.23 feet; THENCE South 11 degrees 03 minutes 36 seconds East 1J8.55 feet; THENCE South JO degrees 00 minutes 00 seconds West 312.18 feet; THENCE South 05 degrees 00 minutes 39 seconds East 486.28 feel to the Nortllerly line of Brookshire. Section Five, Plot Book 4. pages 114-118, the following eleven (11) courses and distances being along said Brookshire. Section Frve; THENCE North 90 degrees 00 minutes 00 seconds West 430.00 leet; lH[NCE South 24 degrees 20 minutes 55 seconds West 144.78 feet; THENCE South 12 degrees 54 minutes 00 seconds West 236.59 feet; THENCE South 45 degrees 00 minutes 00 sec~ds East 196.52 feet; THENCE South 55 degrees 25 minutes 49 seconds Eost 375.39 feet; THENCE South 76 degrees 13 minutes 35 seconds East 350.12 feet; THENCE South 86 degrees 41 minutes 40 seconds East 770.00 feet; TH[NCE North 86 degrees 37 minutes 24 seconds East 150.78 fe-et; THENCE North 71 degrees 41 minutes 34 seconds East 75.27 feet; THENCE North 57 degrees 44 minutes 41 seconds Eost 279.81 teet; THENCE North 89 degrees 49 minutes 06 seconds Eost 206.71 teet to the Westerly line right-of-way line of Cray Rood. the following si. (6) courses and distance being along said right-of-woy of Gray Rood; THENCE' South 00 dle9rees 09 minutes 42 seconds East 401.57 teet; THENCE South 12 degrees 14 minutes 45 seconds West 102.39 feet; THENCE South 00 degrees 09 minutes 42 seconds East 150.00 feet; THENCE South 19 degrees 33 minutes 15 seconds East 53_01 feet; THENCE South 07 degrees 21 minutes 54 seconds West 101.96 feet; THENCE South 09 degrees 40 minules 09 seconds East 207.97 feet to the northerly right-of-way line of East 116th Street the following five (5) courses ond distance being along said Northerly line of East 116th Street; THENCE South 61 degrees 37 minutes 56 seconds West 62.66 feet; THENCE South 64 degrees 45 minutes 22 seconds West 55.24 feet; THENCE North 89 degrees 54 minutes 34 seconds West 675.00 feet; THENCE South 70 degrees 10 minutes 49 seconds West 53.18 feet: THENCE South 00 degrees 05 minutes 26 seconds West 20.00 feet to the point of beginning. FIRST GROUP ENGINEERING INC. CONSULTING ENGINEERS 57]4 W. 74TH STREET, INDIANAPOLIS. INDIANA PH. (317) 290-9549 FAX (317) 290-9560 BROOKSHIRE SITE NO. IN-0410 ~cing~R!~r '21 2C ~.;:;COVSHIRE PARVWAY c;,.cr'AE~_. Ir..) 4602'~1 0, 4 .. 'Ii APP. P.L. if if I o f5 D BROOKSHIRE FlRST MORTGAGE LLC (PARCEL #'6-'0-32-00-00-012.001) ~ 1) According to the reading token with 0 GPS receiver and ch.ecked with the United States Deportment of the Interior Geological Survey Mop, Ftshers. Indiano the tower center is located North 39 degrees 57 minutes 41.18 seconds Latitude and West 86 degrees 05 minutes 56.45 seconds Longitude. 2) The elevations ore referenced to the USC & GS datum. 3) The locations of existing underground utilities ore shown in on approximate way only and hove not been independently verified by the owner or its representative. The contractor sholl determine the exact location of 011 existing utilities before commencing w~. and agrees to be fully responsible for any and all damages which might be occasioned by the contractor's failure to exactly locate and preserve any and 011 underground utilities. The controctor shoJI notify Holey Mo!ey (1-800-382-5544) 48 hours in advance of construction. for the exact location of existing utilities. Web Site www.iupps.OI'g 4) AccOl'ding to Flood Hazard Boundory Mop Number 18057C0228F (Ponel 228 of 290) Hamilton County. Indiono. doted February 19. 2003 the proposed lease area lies in Zone AE. 5) The bearing system used for 011 proposed descriptions hereon this sheet. ore based on the State Plane Coordinate System (NAD 63). Given under my hond and seal ,.f//Ii" ({IC,I/o . I ~0A/~- C /~~ Lawrence C. Suhre Registered land Surveyor No. 910018 Slate of Indiana -"l c f~:: ~ B ..,\\\\"~IICIII~ ,,:,'-':':':,\\~~.S...,:. 31.P~ ~: ....>~.{'.'~{r:.\S.T~:t::=:-~- ~ ,::-,,,>..~.,'r.;.V' 'Irf;V-'-~~"" .... ...? '.--- ...-' 2 ~- / f ~ \('<<'1 ~ ~: ~lt ,...~r'-.. 'i:' ;- ~ ,,(J l-= I C" -. -1"':l : , ...,...) I _ \- V t '~J"'. f - \ S""ATE OF j "" '" ~ '4,..../A'D'...\1l-~~~ ., ~ ..:. ft'\l".. " " 'D ........... " .... , SUO~ " "tr'f n \\\" . 'lftUIl'''''\\\ : This survey was prepared by First Group Engineering, Inc.. 5714 West 74th Street. Indianapolis. IN. using features located in the field and information supplied by the client. The boundary depicted herein was not necessarily created from a title report nor compared with ad joiners deeds. J.. '";/l~/O~ ISSuEr: rDP ZOt~I"-:C. JrH JDJ lC5 NO Ot7[ 1:['r::_:(.r;s pY [\-OK p!:'[. SCAl_l to:' ~l-f(~Wr~ [;E~IC.N[[' p."_ .;r.. D~t..w~" E~ J'- ..: A CINGULAR WIRELESS SITE SURVEY DRAWING NUIIBf ~ ,~, Ih-Q41C-LSOI II 1,1 c 10 11 o POINT Of" BEGINNING ACCESS/UTlllTY EASEt.lENT CD N 00"00'00" E @ N 3310'41" E @ 5 30'38'02" W 50.50' 170.08' 291.15' @ 5 90'00'00" W @ N 27'00'14" E @ 5 38'50'41" W 20.00' 209.27' 92.59' <}) N 00'00'00" E @ N 38'56'17" E @ 5 50'36'20" W '> 20.00' 440.98' 280.07' ACCESS/U~UTY EASEMENT DETAIL G) N 90"00'00" E @ 5 38'34'20" E @ 5 00'00'00" W 20.00' 20.48' 46.04' @ N 50'36'20" E @ 5 38'56'17" W @) 5 3716'36" E SCALE:'" 60' 287.46' 434.46' 19.82' I @ N 38'50'41" E @ 5 27'00'14" W @ 5 52'43'24" W 89.09' 208.26' 25.00' o N 30'38'02" E @ 5 3310'41" W @ N 3716'36" W 290.16' 170.71' 20.00' PROPOSED ACCESS/U11UTY EASEMENT PROPOSED LEASE AREA Port of Section 32. Township 18 North, Range 4 Eost in Ooy Township, Hamilton County. Indiana. more portkulorly described as foUows: Commencing at the Southeast camerof the Southeast Quarter of said Section 32; thence olong the South line of the Southeast Quarter of said Section 32. North 89 degrees 46 minutes 50 seconds West (assumed bearing) 0 distance of 481.72 feet; thence North 00 degrees 07 minutes 27 seconds West 0 distance of 307.40 feet; thence North 67 degrees 29 minutes 54 seconds Eost 0 distance of 287.53 feet; thence North 00 degrees 07 minutes 26 seconds West 0 distance of 146.58 feet; thence North 84 degrees 07 mmutes 38 seconds West a distance at 267.34 feet; thence North 89 degrees 10 minutes 46 seconds West a distance of 440.80 feet; thence North 00 deqrees 43 minutes 30 seconds West 0 distance of 4.43 feet; thence North 89 degrees 47 minutes 13 seconds West 0 distance of 222.70 feet; thence North 00 degrees 22 minutes 52 seconds West 0 distance of 98.59 feet; thence North 73 degrees 38 minutes 15 seconds West 0 distance of 342.83 feet; thence North 72 degrees 45 minutes J.4 seconds West 0 distance of 344.44 feet; thence North 00 degrees 14 minutes 48 seconds West 0 distance of 690.48 feet thence North 15 degrees 50 minutes 19 seconds West a distance of 126.91 feet; thence North 37 degrees 16 minutes 36 seconds West 0 distance of 65.00 fee\; thence North 52 degrees 43 minutes 24 seconds Eost a distance of 20.00 feet to the point of beginning of this description: thence North 00 degrees 00 minutes 00 seconds Eost a distance of 50.50 feet; thence South 90 degrees 00 minutes 00 seconds West a distance of 20.00 feet; thence North 00 degrees 00 minutes 00 secOnds East 0 distance of 20.00 feet;, thence North 90 degrees 00 minutes 00 seconds East a distance of 20.00 feel; thence North 50 degrees 36 mrnutes 20 seconds East a distance of 287.46 feet; thence North 36 degrees 50 mtnutes 41 seconds Eost 0 distance of 89.09 feet; thence North 30 degrees 38 minutes 02 seconds Eost 0 distance of 290.16 feet; thence North 33 degrees 10 minutes 41 seconds East a distance of 170.08 feet; thence North 27 degrees 00 minutes 14 seconds East 0 distance of 209.27 feel; thence North 38 degrees 56 minutes 17 seconds East 0 distonce of 440.98 feet; thence South 38 degrees 34 minutes 20 seconds Eost 0 distance of 20.48 feet; thence South 38 degrees 56 minutes 17 seconds West a distance of 434.46 feet; thence South 27 degr~ 00 minutes 14 seconds West a distance of 208.26 feet; thence South 3~ degrees 10 minutes 41 seconds West a distonce ot 170.71 feet; thence South 30 degre~ 36 minutes 02 seconds West 0 distonce of 291.15 feet; thence South 38 degrees ~ minutes 41 seconds West 0 distance of 92.59 feet; thence South 50 degrees 36 minutes 20 seconds West 0 distance of 280.07 feet; thence South 00 degrees 00 mmutes 00 seconds West a distonce of 46.04 feet; thence South 37 degrees 16 mlnutes 36 seconds East 0 distance of 19.82 feet; thence South 52 degrees 43 minutes 24 seconds West 0 distance of 25.00 feet; thence North 37 degrees 16 minutes 36 seconds West 0 distance of 20.00 feet to the pomt of beginning ond containing 31,706 squore feet, more or less. c Port of Section 32, Township 18 North, Range 4 Eosl in Cloy Township, Hamilton Coun1ly, Indiono, more particularly described os follows: Commencing at the Southeast corner of the Southeast Quarter of soid Section 32; thence along the South line of the Southeast Ouarter of said Section 32, North 89 degrees 46 mlnutes 50 seconds West (assumed bearing) 0 distance of 481.72 feet; thence North 00 degrees 07 minutes 27 ~econds West 0 distance of 307.40 feet; thence North 67 degrees 29 minutes 54 seconds East 0 distance of 287.53 feet; thence North 00 degrees 07 minutes 26 seconds West Q distance of 146.58 fee. t; f,thence North 84 degrees 07 minutes 38 seconds West 0 distance of 267.34 feet; thence North 89 d grees 10 minutes 46 seconds West 0 distance of 440.60 teet: thence North 00 degrees 43 mlnu es 30 seconds West a distance of 4.43 feet; thence North 89 degrees 47 minutes 13 seconds West 0 ,distance of 222.70 teet; thence North 00 degrees 22 mlnutes 52 seconds West a distance of 98.59 feet; thence North 73 degrees 38 minutes 15 seconds West Q distance of 342.83 feet: thence North, 72 degrees 45 minutes 34 seconds West 0 distance of 344.44 feet: thence North 00 degrees 14 minutes 48 seconds West 0 distance of 690.48 feet; thence North 15 degrees SO minutes 19 seconds West f.' distance of 126.91 feet to the point of beginning of this description: thence North 37 degrees 16 inutes 36 seconds West 0 distance al 65.00 feet; thence North 52 degrees 43 minutes 24 secon _s East 0 distonce of 20.00 feet; thence .South 37 degrees 16 minut~s 36 seconds East 0 distonge 01 65.00 feet; thence South 52 degrees 43 minutes 24 seconds West a distance of 20.00 feet to the pOInt of beginning and containing 1,300 squore feet. more or less. \ Subject to 011 rights-of-way, easements and restrictions of record ( , Note: This legal description is not the result of 0 full boundary SUrVE'Y. It is the result of compilation of record information and location of available monumentation. Subject to 011 rights-of-way. easements and restrictions of record. Note: This legal des(.ription is not the result of 0 full boundary survey. It is the result of compilation of record information ond location of ovailoble monumentation B i~"P POINT Of" BEGINNINGJ LEASE AREA ~vv.vvv../ y ! (/o t N~,- .# y\CE C I",,. ':;~:::~~~::S(E'9~O'~&~ ./ '1\-"'" .~X~~ _ .',/ r ''') ':.~~ !\~'.I. tt'~ i 1"\" ,- ~'1 8l i ;: \\, :::s~~~~ OF~; ! /' ". /',,.,,..,,, A. ~ ,'4.. ". .:rul..\\"~ ~~'-k~ ''</'If) (;u"'~ "" ~,\,\".. ?'f/. t" ti" .....:\".. '1'''''1'''''''' Given under my hond and seal {' Lawrence C. Suhre Registered Land Surveyor No. 910018 State of Indiana LEASE AREA DETAIL SCALE: 1" = 10' This survey was prepared by First Group Engineering, Inc.. 5714 West 74th Street, Indianapolis, IN, using features located in the field and lnformolion supplied by the client. The boundary depicted herein was not necessarily created from a title report nor compared with odjoiners deeds. A FIRST GROUP ENGINEERING INC. CONSULTING ENGINEERS 5714 11. 74TH STREET, INDIANAPOLIS, INDIANA PH. (317) 290-9549 FAX (317) 290-9560 BROOKSHIRE SITE NO, IN-0410 CINGULAR WIRELESS ; 21 20 BROOKSHIRE PARKWAY CARMEL, IN 46033 . '. ~Ci~g~R!L~[ DETFILS Po 11/15/('5 NO. D_t.T[ tSSuED rOI; ZONING .:r'~ ~'uJ lCS R[VISj("t~~, D'- C....;.: Cl=:;r [)RJ.W'NG ~RlUe( ~ I.>rll SOH -"S SHOVo"~J DE.5.IG~.rr, E.". ,Ir.. Cl::./.w~~ 2-~ J I- 'rJ-O~:C.-~S02 ~ 6 =- I~ -{: ii "1 scr '-----' ~:c--- '"' 'L~ SOUTHE AST CORNER or THE SOUTHEAST OUARTER or SEC. 32, Tl8N, R4E IN HAMil TON COUNTY, INDIANA r-APP PL rAPP. P.L. FIRST GROUP ENGINEERING INC. CONSULTING ENGINEERS 5714 w. 74TH STREET, INDIANAPOLIS, INDIANA PH, (317) 290-9549 FAX (317) 290-9560 c APP. P.L. -----.:... i ____ " _________ ~PP P.L. ~ PROPOSED 20' VtlDE ACCESS/UnUTY EASEMENT BROOKSHIRE FIRST MORTGAGE LLC (PARCEL #16-10-32-00-00-012.001) APP. P.L. L-c APP. P.L. CD N 89'46'50' W @ N 00'22'52' W 481.72' 98.59' o N 00"07'27" W @ N 73'38'15" W 307.40' 342,83' Q) N 67"29'54' E @ N 72'45'34' W 287,53' 344.44' o N 00"07'26' W @ N 0014'48" W 146.58' 690.48' @ N 84'07'38' W @ N 15'50'19" W 267,34' 126.91' @ N 8910'46" W ~ N 37"16'36" W 440.80' 65.00' CD N 00'43'30" W @ N 52'43'24' E 4.43' 20.00' @ N 89'47'13' W 222 70' SEE SHEET LS01 fOR SITE SURIlEY ANO SHEET LS02 .OR DETAILS Given under my hond and seal ~ ~!-1/Wv"~'-- (' lawrpnce C. Suhre APP. p.L. Registered Land Surveyor No. 910018 Slote of Indiana PARENT TRACT DETAIL SCALE: ," = 200' BROOKSHIRE SITE NO, IN-0410 )\cing~JL~r 12120 8POO!<SHIR[ PARKW.A.Y C....f::MEL. IN 4603.3 -------- ~ \......#.~~ f""~ -, i"E C .',- ~\\1. & . ,,~o/ <t<ST~~ ,., : ""'/~ ~j~ .' 3f No. r\ ! 9100W8 : .. \ ST"iE Of "\f~~~ ",,':rD S~~ ''''''''11 A 1 1/1S/0~ NO r}~TE SCt..l(: ,,~. SHc"''tm " DETAIL "A" CINGULAR WIRELESS iSSuED rop ZONlt~G PAR[NT T~LCl DET~L o c B '" p., RfV L j. : I C 517: t:sc", P[VISlY.O::: U;;':"Wlf>O(. NuvE'f"" ~ ~{ f I' /' ~J~ 1 I This su,vey was p..pa..d by.;'" G'aup EnJe..ing, Inc., 5714 Wes' 74'h St,eet, Indianapolis, IN, using features located in the field and infOf"n?otion supplied by the client The boundary depicted herein wos not necessarily created from 0 tiile report nOf'" compared with odjoiners deeds. I I ,I D[~IGr~[[' EY JrH :!! - C.-=. - (,_' -;:;-.."7 L