HomeMy WebLinkAboutMinutes BZA 11-24-08
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City of Carmel
MINUTES
Carmel Board of Zoning Appeals
Regular Meeting
Monday, November 24,2008
6:00 PM
Council Chambers
Present: James Hawkins (President)
Kent Broach
Leo Dierckrnan
Madeleine Torres
Connie Tingley (Recording Secretary)
Absent: Earlene Plavchak
Staff members in attendance: Mike Hollibaugh, DOCS Director
Christine Barton-Hohnes, Planning Administrator
Rachel Boone, Planning Administrator
U Legal Counsel: John Molitor
Previous Minutes
On a motion made by Leo Dierckrnan and seconded by James Hawkins:
The Minutes for the meeting dated October 27, 2008 were approved as circulated.
MOTION CARRIED UNANIMOUSLY
Department Report: Christine Barton-Holmes
Tabled to December 15, 2008:
Esrael Kennel, Docket No. 08080009 UV
Circle KlShell, Docket Nos. 08030019 V through 08030025 V
Legal Report: Moved to end of agenda.
Public Hearing:
l-2h. Nelson Funeral Home
The applicant seeks the following special use and development standards variance approvals:
Docket No. 08100005 SU Appendix A: Use Table Funeral Home in the BS District
Docket No. 08100006 V Section 25.07.02-07 Sign height over 6 feet
The site is located at 11411 N. Michigan Road and is zoned B5/0ffice uses
Filed by Charles Frankenberger for The Blackstone Group.
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Present for Petitioner: Charles Frankenberger and Jon Dobosiewicz, Nelson & Frankenberger; Max
Nelson, Aaron-Ruben-Nelson Mortuary (ARN); Scott Bordenet, Engineer; Marc Tworek, Miranda
Construction Group; Don Collins, B & L Cremation Systems, Inc.
Page 1 of 17
Carmel Board of Zoning Appeals
November 24, 2008
. Appeared at Plan Commission November 18, 2008 for DP/ADLS
o Will appear at Special Studies Committee December 2,2008
o Aerial of3-acre parcel shown: Woodhaven Subdivision north (S-l); Altum Gardens south
(B-3); Lutheran church west in Boone County
o Parcel is outside Michigan Road Overlay
o Building would be one & a half stories, approximately 12,000 square feet
I) Parking, landscape and buffer were shown
. 2004 rezone from residential to B-5
.Woodhaven requested commitments in 2004 for 30-foot buffer
. Fencing would be added
<9 Rendering of building and sign shown
o Building is residential in character and scale; primarily brick
. Monument sign on brick foundation, framed by white columns and coordinating gable
. Sign will be internally illuminated
e Top gable slightly increases height of sign, requiring a variance
. Permitted sign size: 7 feet tall and 75 square feet total
o Proposed sign size: 8 feet 11 inches tall and 54 square feet total
. Reduced sign request: 7 feet 11 inches tall and 51 square feet total
. Lighting plan included in packet, minimizes spillover at the boundary lines & controls up-lighting
. Proposed use is considered compatible with residential and light business uses
o Provides good transition from more intense commercial uses to the south and residential to the north
e Proposed use is less intense than other uses permitted in B-5
. October 30, 2008 informal neighborhood meeting
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Public Comments: Favorable
Rabbi Arnold Bienstock, Congregation Shaarey Tefilla, 3085 W. 116th Street
. Less intense than permitted B-5 uses
. Aaton-Ruben-Nelson Mortuary cornerstone ofIndianapolis Jewish community since 1935
. Max Nelson has worked in the Jewish funeral industry for over half a century
I) This is the only Jewish funeral home serving the Indianapolis area
. Estimated 50% of Jewish community in greater Indianapolis resides in Cannel, especially western
Carmel
. Appropriate location to service the Jewish conununity
. He has worked with Max Nelson for eleven years
. Max Nelson and his daughter Jennifer Williams are known for their integrity, professionalism, values
and commitment to the community
. The funeral home will remain for many years
. They will be a good neighbor
Public Comments: Unfavorable
Donald Birt, 4607 Woodhaven Drive, representingWoodhaven and Timber Ridge subdivisions
. Thought maximum permitted sign height was 6 feet and 40 square feet L
. 1990's long range plan and development standards were set for the important corridors
.. Purpose and intent was to "promote and protect the public health, safety, comfort, convenience,
general welfare by providing for consistent and coordinated treatment of the properties bordering
US Highway 421"
Page 2 of17
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Cannel Board of Zoning Appeals
November 24, 2008
o Corridor to provide sense of place that will increase property values
o Zoning map shown
III Not in Overlay Zone, but part of the corridor the Ordinance was designed to protect
· Zionsville and Carmel Ordinances have basically the same language to protect the corridor
· Greenbelt requires 30-foot setbacks from US 421 right-of-way and side yard setback next to
residential property of the greater of 50 feet or two times the building height
· Why do these requirements not apply to this property which is in the middle of four miles of Overlay
· 2004 property was rezoned from residential to B-5 for a real estate office
o They were told B-5 would be a good butler between heavy use commercial and their neighborhood
lit Funeral home willi crematory and 109 parking spaces is more intense than a real estate office with 16
parking spaces
., What is the need and cost benefit of this facility to Carmel and Clay Township
lit The neighborhood does not want or need a crematory at this location
,. Property values will decline
o Should be away from residential properties where it is not a special use
Judy Birt~ 4607 Woodhaven Drive, representing 95% Woodhaven residents and 92% Timber Ridge
residents who signed the petition
o Concerned with health impact of crematory mercury emissions
lit Con elusive studies are limited
o Mercury vapors from a crematory w111 eventually drop
II Vapors drop into water, can react with bacteria & become toxic methylmercury
o Mercury can build up inhuman tissue
iii Some are at risk for brain & central nervous system damage
III Pregnant and nursing women can pass mercury on to fetuses and babies
· Children under six & people with weak immune systems are at risk
· Quantity emitted per emission
o At one point EP A used 0.5 grams per cremation
o 2007 study cited 2.9 grams per cremation
· One cremation equivalent to breaking 700,000 compact fluorescent bulbs
· Some, but not all, studies show elevated mercury levels in the soil within 984 feet
· Current crematory will be 30 feet from residential property
· Future levels of mercury in the soil are a health concern
. Amount of cremation is expected to increase
· Studies of cremation workers showed an acceptable level of mercury
o Workers were exposed before cremation process
o Residents would be exposed after cremation process
o 2003 British study of chronic low dose mercury exposure of persons living near crematorium
o Statistically significant increase risk of still births and birth defects
o Because crematory emissions are not regulated, does not mean they are safe
4> Public has just recently learned of the mercury toxicity in fish and the potential dangers
· Neighboring residential areas would be exposed to increased danger, noise, loss of property values,
traffic congestion
Ted Robinson, 4465 Woodhaven Drive
o Corrected Judy Birt's statement
o One cremation equivalent to breaking 7,000 compact fluorescent bulbs - not 700,000
Page 3 of 1 7
Camlel Board of Zoning Appeals
November 24, 2008
. It is regulated with scrubbers in crematories in Europe: Austria, Belgium, Germany, Great Britain,
the Netherlands, Norway, Sweden and Switzerland
o At this time the U.S. has no regulations restricting mercury emissions from crematoria
o 1990 Clean Air Act, EP A investigated toxic emissions
o 1997 EP A mercury study report included inventory of sources of mercury
o Dominate source was coal-powered power plants
o Emissions from crematories less than a tenth of a ton (smallest measurement)
. 2002 EP A update
o Emissions updated to three-tenths of a ton
. 2007 EP A scientist testified mercury emissions estimated to be 3 to 3.5 tons
. Took 8 years to regulate coal-powered power plants
. EP A is slow to recognize the state of the data and the numbers are growing
. Charts were shown indicating more people are opting for cremation
. Boomers are aging with their teeth intact with fillings
o Emissions are expected to plateau at 5-ton in 2020 and start to decline in 2035
o Previous studies were done when mercury emissions were lower than present time
o Crematories are dental mercury incinerators operating without limit or mercury regulations
e A crematory devoid of mercury controls, lacking a scrubber is not compatible with an existing
residential neighborhood
" Mercury will become a more sensitive issue and property values will decline
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James Hawkins asked the remainder of the remonstrators to limit their time. The twenty minutes for
remonstrance had been reached.
Chris Koch, 4477 Haven Court ,
. Originally not opposed to the funeral home location
. After research he became concerned about the health risks for his children
4/) Presented letter from concerned neighbors:
o Dot & Tom Rushworth
II Located next to proposed crematory
II Granddaughter currently fighting leukemia would not be able to visit
o Crematory is incompatible with neighborhoods
Antonio Carrelli, 4478 Haven Court, physician at S1. Vincent Hospital
. Felt this industry could have detrimental health effects
. Paper titled "Environmental Mercury Release, Special Education Rates and Autism Disorder",
ecological study in Texas by Dr. Raymond Palmer, University of Texas, Health Science Center in
San Antonio studied contribution of mercury being put into the atmosphere:
o School districts in Texas with the highest level of mercury in the environment also had the
highest rates of special education students with autism as a diagnosis
Gl califo. mia has the highest autism r. ate in the U.S. and th.e highest envirorunental bu.rden of mercury 0'-
o Article called "Global Anthropogenic Mercury Emission Inventory for 2000", published by a
research team from Norway, Poland and the Netherlands
o Estimated two-thirds of human generated mercury comes from stationary combustion, mostly
of coal
Page 4 oft7
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Carmel Board of Zoning Appeals
November 24, 2008
· Others include: coal production, non-ferrous metal production, cement production,
waste disposal, crematoria, caustic soda production, pig iron and steel production,
mercury production (mostly for batteries) and bio-mass burning
o Did not feel any of these industries would be allowed within a few feet of a residential
neighborhood
. All crematory in State of Missouri are either in industrial parks or cemeteries except for one
exception
. Danger of emissions: carbon monoxide, nitrogen oxide, sulfur dioxide, hydrogen chloride, dioxins,
furans, heavy metals including cadmium, mercury and lead
. So many potential hazards; crematoria should be limited to non-residential areas
Lynn Robinson, 4465 Woodhaven Drive
o Mother of three children
I) Not opposed to the mortuary
o Opposed to the crematorium
o Health risks from incinerator
.. Submitted articles relating to black smoke emitting from crematories
· Fire hazard
o Adversely atTect the values of the homes
.. Included articles from real estate agents
· Fire Department called when smoke is reported
o Not necessary for mortuary and crematorium to co-locate
· Incinerator could be located in an industrial district
.. Concern for smoke entering their houses
I!l Entrance to subdivision and first impression for Woodhaven
e Among criteria for approval of a special use is compatibility with existing uses, social neighborhood
factors and anticipated affect on property values
o Incinerating hazardous materials is incompatible with children playing 75 feet away
o Intent of 421 Overlay Zone was to extend to the edge ofthe residential section
III For some reason that did not happen when converted from a private residence
III Purpose of Overlay is to promote and protect the public health and safety and foster
development that will provide the district with a special sense of place that will
increase property values and protect real estate investment
o Lafayette, fN home filled with smoke when crematory malfunctioned
(I Greenwood, IN residents had to have carpets cleaned due to crematory smoke
o Los Angeles, CA more then 60 complaints about foul odors and black smoke over five year period
e Over 90% of W oodhaven and Timber Ridge residents signed petition opposing crematorium
Q If approved, please add restrictions:
o Required to implement mercury reduction measures
II Scrubbers or tooth removal
o Required to install smoke monitors
o Strict maximum on number of bodies burned per day
o Limited to operating a single oven
o Limited to complementing its own services, not cremation services for other funeral homes
&I High volume would have a cumulative risk
o Please error on the side of caution
e Any signage should not mention cremation
o Inappropriate and depressing at the entrance to a subdivision
Page 5 of 17
Carmel Board of Zoning Appeals
November 24, 2008
Rebuttal:
Charles Frankenberger:
o Funeral home and crematory are special uses in 8-5 District
. Remonstrators here and at the Plan Commission repeatedly stated a funeral home and crematory is
prohibited in the Michigan Road Overlay
o Incorrect statements: a crematory and funeral home are pennitted uses in the Michigan Road
Overlay
. Funeral home and/or crematory are permitted uses in the B-2, B-3 districts within the Overlay,
immediately adjacent to residential areas
. They are a special use within the B-5 district, not because they are adjacent to a residential area
. Other uses permitted in the 8-5 district are a drive-in bank and retails sales, much greater intensity
. Traffic analysis compares number of trips for different uses
o Funeral home is the least intense with 112 trips during 24-hour weekday period
o A permitted general retail use would generate 2,064 trips
Q 2004 rezone to B-5 established expectations
o W oodhaven residents were involved and represented by counsel
II Commitments included wider buffers
· Certain B-5 uses were prohibited
. List of permitted and prohibited uses was displayed
. Impact on the environment of funeral homes, crematories, gasoline stations, dental offices, nurseries
with yard chemicals and yard fertilizers is heavily regulated and scrutinized by agencies at all levels
of government
e Copy of some of the federal and state laws regulating funeral homes was shared
o EP A scrutinizes funeral homes Elnd crematories
. Historically the BZA and Plan Commission have refrained and deferredto other jurisdictional
authorities
o Underground storage for gas stations
o Adequate insulation around X-ray units
III Aaron-Ruben-Nelson Mortuary will comply with all the requirements of the federal and state
regulations regarding funeral homes and crematories
G Cremation has many benefits and is an alternative chosen by thousands of people
. The internet has misinformation, voodoo science and statistics, and fear-mongering about cremation
. Some people do have silver amalgam dentals fillings which enters the cremation cycle
o Use of silver amalgam fillings has dropped in the last ten years and replaced by more
cosmetically acceptable fillings
iii EP A describes mercury as a naturally occurring element that can be found throughout the
environment
o A chart of mercury sources was shown
. Top human activities for recycling mercury in the environment:
4) Municipal incinerators
iii Dental facilities
.. Production and disposal of batteries
II) Household trash disposal
01) Residential heating
o Fluorescent lamp breakage
'" Operating crematories was one of the lowest sources
. Crematories have existed beside residential areas for many years in Indiana and Marion County
Page 6 of 17
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Carmel Board of Zoning Appeals
November 24,2008
. EP A aggressively regulates environmental matters to protect public health, safety and welfare
o EP A has studied mercury from crematories and has recommended that it not be regulated
. United Kingdom report concluded the impact from crematory mercury emissions was minimal
Jon Dobosiewicz
. Sign would be allowed at 7 feet tall and 75 square feet
. New sign rendering was shown
G Amended sign would meet with Department's request
Public Hearing Closed
Department Report: Christine Barton-Holmes
e The use is not prohibited in B-5, but requires granting a special use
III The site is not within the US 421 Overlay Zone
Iil Sign has been revised to stand just under 8 feet tall rather than just under 9 feet tall
o They are limited to 7 feet tall
o With the redesign and reduction in overall size, the Department supports the request
. Department typically considers funeral homes and crematories to be compatible with residential
o Good buffer between residential and more commercial uses
o Traffk generation and intensity is similar to religious uses
· Traffic impact minimal
. Potential environmental impact
o Functions with high temperatures with few emissions
o Department has found they are closely regulated by State code
o EP A has done studies on mercury emissions
III 200 cremations per year is considered a low number
Department recommended positive consideration of all variances
Discussion:
Leo Dierckman
. Wanted to see the book of regulations, map of crematories in Malion County and the chart of
emission levels
Max Nelson
. ARN's only crematory
III Funeral Home and Funeral Directors licenses required
. No crematory licenses required by State of Indiana
III At the moment, use crematory for their purposes only
o Never heard oftooth removal by other mortuaries
Madeleine Torres
. Asked about the use of scrubbers
Don Collins
o New York City has the only remaining scrubber in the U.S.
o Today's machines are state-of-the-art
Page 7 of17
Carmel Board of Zoning Appeals
November 24, 2008
o 12 feet long, 8 feet tall, 5.5 feet wide, 6 inches of insulated fire bricks, 8 inches of insulation U.
and weighs 24,000 pounds; totally enclosed
o Interior operating temperature is 1650 degrees - State requirement
o Emissions are controlled by computerization
. Air is circulated with any smoke to clear it before release
o Cremation can be done by weight, time, etc
o Model is #M20AA
o Created by environmentally conscious company
Kent Broach
o Location of unit
G Signage - cremation services
o Number of cremations per year
o BZA looks at land use issues
. BZA must use other agencies for technical and scientific issues and emissions
Jon Dobosiewicz
. Location of unit within the building was indicated
Charles Frankenberger
G Very important to let people driving by know about the cremation services
. 200 or less cremations per year based on existing volume and historical data
. Distance from the center of crematory to the closest residence would be 105 feet
. Distance from the edge of the building to the closest residence would be 95 feet
[]
Marc Tworek
o Turning the building would put the primary activity/main entrance closest to the residences,
within 70 feet
Don Collins
e Therr;: will be ten feet of smoke stack with the unit, weighing 2000 pounds
o Stack is 3.5 inches thick and well insulated
o Outside temperature of stack is 400 degrees
o Heat escaping the stack is 2200 degrees
o In some sunlight there may be a haze, but no smoke
· Smoke comes from the older units
. Unit is designed to handle 650 pound body
J ames Hawkins
. Asked for commitment to only service bodies from their site
. Second ARN location
e Concern with being a central repository for crematory services
o Cap at 10 percent or re-visit the petition in three years
Charles Frankenberger
e Did not feel they could make that commitment
o Other funeral homes may ask for the services
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Carmel Board of Zoning Appeals
November 24, 2008
o Might be difficult to distinguish between them
o Capacity to date has been slightly less than 200 per year
o Not designed or intended to be a high volume crematory
. This is a re-Iocation from ARN Indianapolis location
Max Nelson
· Did not plan to service other funeral homes
III Reluctant to make the commitment for future operation of the business
Leo Dierckman
c Cremation should be limited to ARN services or a specific number
· Cremation services not needed on signage
o Signage size could be reduced, then it would not need a variance
o Then any words could be used
G Health issues are regulated by government agencies
Charles Frankenberger
o "Cremation Services" very important on signage
G Willing to commit the number of cremations will not increase by more than 10 percent per year
o If it would exceed 10 percent increase or 500 cremations, would need BZA approval
o Number of cremations will be reported to the Department each year
· Willing to commit to Model #M20AA
Max Nelson
€I Agreed to not out-source for cremations
Motion: On a motion made by Leo Dierckman and seconded by James Hawkins:
Docket No. 08100005 SU, Nelson Funeral Home be approved with the Commitment to use Model
#M20AA and to not accept cremations from other funeral homes.
MOTION CARRIED 3-1 (Torres negative vote)
Action:
Charles Frankenberger withdrew Docket No. 08100006 V, Nelson Funeral Home sign height over 7 feet.
Motion: On a motion made by James Hawkins and seconded by Leo Dierckman:
Accept withdrawal of Docket No. 08100006 V, Nelson Funeral Home sign height over six feet.
MOTION CARRIED UNANIMOUSLY
Five minute recess was taken.
3h. Esrael Kennel TABLED UNTIL DECEMBER 15, 2008
The applicant seeks the following use variance approval:
Docket No. 08080009 UV Appendix A: Use Table More than three animals on residential property
The site is located at 806 Alwyne Road and is zoned R2/medium-density residential.
Filed by Trevor & Ann Esrael, owners.
Page 9 of 17
Cannel Board of Zoning Appeals
November 24, 2008
4-5h. Towne Rd Communications Tower
The applicant seeks the following development sta.ndards.. variance and special exception a.pprovals: U
Docket No. 08080011 SE Section 25.13 Communications tower in residential district
Docket No. 08080014 V Section 25.13(B) Setback less than 100' per tower height from property line.
The site is located at 11104 Towne Road and is zoned S I/Low-density residential.
Filed by Brian Ramirez for American Tower Corporation.
Present for Petitioner:
Tim Ochs, attorney at Ice Miller, One American Square, Suite 2900, Indianapolis
. Federal Telecommunications Act of 1996, 47 US Code 332, See 332c7: National Wireless
Telecommunications Sighting Policy, See 7 Preservation of Local Zoning Authority
o Except as provided in this Section, nothing in the Teleconununication Act shall limit or affect
the authority of a state or local government over decisions regarding the placement,
construction, moditication of personal wireless service facilities
o Exceptions:
!l No state or local government or instrumentality thereofmay regulate the placement,
construction or modification of personal wireless service facilities on the basis of the
environmental or health impacts associated with the effects of radio frequency
emissions to the extent that such facilities comply with the FCC regulations
concerning such emissions
o If someone tries to submit evidence as to any potential or alleged adverse
health impacts regarding wireless conununications facilities, the Board cannot
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" Hearing it is a waste oHime, not admissible and makes any decision I
appealable by an attomey-
. Cell towers have no odor, dust, noise, vibration, traffic or Lighting
. Only issue will be aesthetics
. Cell towers are necessary to be able to conununicate effectively with a personal communication
device or cell phone
e Report from CNN: More cell phones than land lines
Cl Federal government requires licensed carriers to provide reliable coverage to customers
o Make towers as inconspicuous and unobtrusive as possible
o This area needs more coverage
Brian Ramirez, Site Acquisition Agent for American Tower Corporation
. Tower will be concealed monopole
. Updated drawings were submitted with 15-foot landscape buffer required by the Urban Forester
. Location map shown of the two parcels for a total of fOUT acres
o Tower will be at back northwest comer of property
o Large buffer of woods on the site
o Two houses have been removed from the parcels
. Renderings of the location were shown with views from Towne Road
o All antennae will be inside the tower
o Proposing 120 feet tower
o Potentially add 20 feet to accommodate more than the current 4 carriers
e Pictures of various types of towers were shown
o Currently Carmel has many monopoles with antennae mounted on the outside
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Cannel Board of Zoning Appeals
November 24, 2008
o Original proposal stealth/concealed monopole
o Sleeve on top holds all antennae
o Galvanized finish: less reflectlve
. Or f1agless flagpole
o White painted with brass ball on top
o All antennae are contained within the tower
· Maps showing the cell phone coverage of the area before and after the tower were shared
· Location does not currently have coverage from every carrier
oAT & T has been searching the area since 1999
o Four carriers currently ready to collocate on this tower
· Have reduced compound area from 60 feet by 60 feet to 50 teet by 50 feet area
. T AC issues have been addressed
o Will be outside the diagonal 25-foot drainage easement
G Location of tower compound would allow for future growth on the property
o Meeting all setbacks would put the tower closer to Towne Road and make it more visible
" Requesting from the Board:
o Allow tower to be 140 feet to accommodate more carriers
o Concealed monopole as opposed to a tlagless flagpole
o Choice of wood fence, PVC fence, brick/masonry design for screening
. Original application was in August
o Tabled in September to allow Department time to review application
o Tabled in October to allow the Department to bring in a third-party consultant
II November 13, 2008 workshop
. Flagless flagpole was shown and recommended
o Design considers residential area
Discussion:
· James Hawkins asked each of the eight remonstrators to keep their presentation to three to four
minutes and not repeat comments that had already been presented
· Kent Broach wanted clarification of Federal law regarding health impact issues
" John Molitor confirmed the decision cannot be based on health or environmental impact
o Recommended testimony not be allowed on that point
o Large amount of written communication has been received
OJ Some have addressed health impact: not pertinent and should not be considered
I!I No need to repeat infomlation from written communications
Public Comments: Unfavorable
Robert Ware, 10840 Tamoshanter Drive, 2600 feet from pole
lD Respectfully wanted to note an exception to the decision to not hear health testimony
. Additional signed petitions with 60 names
· Wanted to incorporate entire BZAfile to preserve record for an appeal, if necessary
o Specifically notice provisions
· For months the sign was obscured by tall weeds going north on Towne Road
· Sign obscured going south by a Carpenter For Sale sign
· Weeds were cut and For SaLe sign removed November 6
. This violated notice requirement
· 99 percent KingsmilL Subdivision west of tower area is opposed
Page 11 of 17
Carmel Board of Zoning Appeals
November 24,2008
. Dr. Mueller studied danger of x-rays on rats
o Do not go beyond 4 generations
. Most neighbors object on the basis of diminution of property values
. Across the street from entrance to Crooked Stick
e Entire parcel is eight acres
o Mr. Ramirez stated no one wanted to live around a cell tower
III It would need to be condominiums or lower residential form
Q This parcel not within City corporate boundary
o Cell towers are prohibited in Carmel
o Spirit of atmexation was no substantial variances
o Cell tower is a business with substantial variations from S-l
. How will the rest of this parcel be used?
II He has no problems with cell phone reception
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Dee Fox, 11389 Royal Court, representing 20 petition signers
. Agreed about the many notice problems
. Had submitted a letter
. Attended the wireless planning workshop November 13, 2008
III Proposal does not comply with the Zoning Ordinance
o Petitioner has not exhausted much better alternatives in technology or location
II Telecommunications industry lobbied the Federal government to prevent discussion of health
impacts 0
CIl Findings of Fact #1: health, safety & welfare
o Consultant mentioned hazardous materials on-site
III Pubic schools should avoid tower areas
III Public perceives the danger because they are forbidden to talk about it
.. Some parents intend to move their children from Towne Meadow Elementary School
III Principal and School Board were unwilling to notify parents
II Findings of Fact #2: use and value of adjacent area not be adversely affected
o Towers are eyesores that adversely affect property values
III 120 to 1 50-foot monopole with four to six carriers, with 16 to 24 equipment boxes
III Consultant warned of equipment multiplying after initial approval
III Outdoor equipment could be disguised in shelter building
III Low fence and landscaping cannot hide the equipment
II Trees for screening are bare in the winter
III Affects three adjoining subdivisions
III Absentee owners of this parcel were unable to sell at desired price
II Setback variance would move tower closer to adjacent properties
III Condos suggested because single family residences would be unsuitable
III Rezone to more utility or commercial use would be needed
III Homeowners of adjacent compromised properties will also see rezones
<II Findings of Fact #3: need arises from applicant's responsibility to provide public utility service
o Applicant has not shown need lJ
o Tower would have two-m.i1e range with limited dead points inside buildings for some carriers .
. Findings of Fact #4: denial would constitute unnecessary hardship for the applicant . _
o This site it not the only option; simply path ofleast resistance and most revenue
Page 12 of 17
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Cannel Board of Zoning Appeals
November 24,2008
o Consultant stated facilities can be much lower, smaller, disguised in buildings, utility poles
and bell towers
o Towers cost less and generate more revenue
o 31 towers within 4 miles of 116th Street & Towne Road; closest 1.48 miles
· Findings of Fact #5: does not interfere with the Comprehensive Plan
o S-1 zoning was to protect from industrial-type uses
o Not proven there are no alternative suitable sites
o Denied at West Park because of aesthetics
o She felt US 421 corridor was more suitable
e No need to rush into only location presented
o More requests will be made
(lI City needs a wireless master plan to compel the industry to use alternate technology and sites
Debbie Zancanaro, 11240 Towne Road on 10.5 acres behind wooded buffer zone
., Tower will make their land worthless for resale
iii Property was their retirement investment
iii New buyer north of tower parcel was aware of proposed cell tower
Cl They had been notified of initial meeting only
e Notice sign never updated
Elizabeth Philpott, 2016 Burning Tree Lane
· Agreed with all of Dee Fox's statements
· Cell tower at 96th and Pitch was zoned before neighborhoods
· This is established neighborhood
(> Does FCC permit residents to discuss health issues with electrical transfonners?
o They have been proven carcinogenic
· When was area zoned for this utility?
o Smaller amounts of people would have been affected by the cell towers that were rejected for West
Park and the Fire Department
· 120,000 school children will be exposed in next 20 years
" Cell towers interfere with equipment such as computers located at Towne Meadow and homes
Brett Thomas, 11447 Sutton Place Drive, BOA President for 125 homes in Huntington Chase
e Do not favor rezoning from residential because of alternate sites
o Abandoned fire station at 116th Street & Towne Road
o West Park land
o City would reap the money, instead of private party
Gus Sevastianos, 2490 Sutton Place Drive
.. No problems with Sprint and Verizon cell phones in their home
Prem Sharma, 2297 Augusta Lane, Professor of Mathematics at Butler University
. Desirable residential area
· No representation for the little children who will be going to school at this location
· Trees are not as tall as this tower
. Jogs by this site regularly
Page 13 of 17
Carmel Board of Zoning Appeals
November 24, 2008
Reina DeCapua, 11011 Greenbriar Drive, across the street
. Concerned about property value
I) Concerned about safety for children at school
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Matt Misterka, 11006 Tamoshanter Drive
o Wanted to know what else would be on the site
. With a generator, how would it be possible to not have any noise, odor or vibration
. AT&T told him he had magnificent coverage for his new phone
Pu bUe Hearing Closed
Rebuttal:
Tim Ochs
lD Many inaccurate statements were made
o There is a gap in coverage in the area for 4 to 6 carriers
II Expensive towers are not erected unless needed
. No commercial/industrial facility in area for tower
. Do not have power of imminent domain; need a willing property owner
II Not a rezone; Land will continue as S-1, condos not permitted
o Everything within fenced area and screened from Towne Road
o No generator; run by electricity
o Objected to mention of children and school as underhanded move to suggest health concern
. Michigan Road would be more than the two miles covered 0
o Networks designed so towers are not too far apart; for seamlesshandof1'
o Towers too close together cause interference
. Disagreed with diminution of property values
o Areas that do not have sufficient tower coverage cause problems for those wishing to work
from home; causing diminution of values
o Numerous complaints have been received because oflack of coverage in this area
Brian Ramirez
II) Golf course, West Park, University High School were approached
II Public notice signage was posted in August
o All over the country cell poles are used at schools and hospitals
" All equipment is behind screened walls
. There are not 31 towers in a 4-mile square radius
o There are 31 carriers that are collocated on rooftops and poles
II Current owner is looking at using the remainder of the property for a horse ranch for grazing
. Parcel is 4 acres
. It is not an electrical transformer
Department Report: Christine Barton-Holmes
e Points of clarification U
o City hired third-party consultant because of increasing interest from cell tower companies
o No n.ew tow~r.s 1'orh6.5 Ybears .c .
o PrevlOUS petltlons ave een lor new antennae
o Technology has changed
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Cannel Board of Zoning Appeals
November 24, 2008
o Consultant mentioned several types of sites to consider for cell sites
. Encouraged not to use the word "tower" because they can be on several types of
structures
Ii Opportunity sites were the best place for such structures
II Avoidance sites
. Schools because of public pressure and parental concerns rather than any other
issues; perception issue
. Prohibited placement sites
o Board could only approve 120 feet height as indicated in the special use application
. Any higher would need a special use amendment approval
o Tower would be located about 65 feet from property line and 445 feet from nearest house
o Zoning Ordinance does not prohibit cell towers
III Requires special exception or special use, depending on zoning district
1:1 Requires setback of no less than 100 feet plus one additional foot for every foot of the
tower's height from the property line of any residential site
o This incidence would require 220 feet from the residential property line
. Proposed site would be farthest comer, amongst some of the taller trees and
facilitates screening with existing vegetation and new buffer
II Collocation of antennae is permitted in B-5, B-7, I-I and M-3 districts
. Typically structures are tall enough in those districts to handle antennae
. Towers require a special exception or special use in residential or parks districts;
special use required in business districts
III Few businesses in this area; most not tall enough for collocation
. Collocation and creative tower sighting are encouraged for broadest range of coverage
4Il Consultant mentioned as technology changes, more data usage structures would be needed
o Structures would be shorter, but \vould need to accommodate more antennae
. Department feels the proposed technology is appropriate for this location
o Recognize need to fill gaps in coverage
o Proposed tower is somewhat visually unobtrusive
. New tower designs are more sculptural or incorporate wind turbines or house all equipment in the
base of the tower
o Suggest exploring these options for this and future petitions
o Suggest exploring time limitations for special exceptions to allow review of the facility and
technology
Department recommended positive consideration of all variances
Discussion:
. Proof of geographic gap
. Tower companies and carriers have been searching this area for 5 or 6 years
o Sprint, AT&T, Verizon, T -Mobile and unnamed national prepaid provider would be the carriers
I!I Alternative sites have been Fire Dept., Parks Dept., golf course and University High School
o Not worth negative responses or arguing against the community
Co One IPS school has cell tower
.. Towers are a revenue source
" Typically replace existing light poles
. Flowing Well Park and Northview Christian Life Church have creative alternatives
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Carmel Board of Zoning Appeals
November 24, 2008
o No stmctures tall enough in this area of Clay Township to be creative
o Gazebo, clock or bell tower would be large and hard to disguise four carriers
Q Drive Test in the area would show signal strength
o If height lost, carriers would need to look for more locations
o 120-foot tower would have carriers at 120 feet down to 70 feet
o American Tower Corporation would remove tower and equipment at end oflease
. Satellite phone company did not survive
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Legal: John Molitor
. Carriers must prove a gap exists
. City Ordinance in compliance with Federal regulations
o Federal act does not allow banning cell towers in a community
o Hardship for carriers if tower not granted
o Department Report shows Findings of Fact
o Property will not be affected in substantially adverse matter
o Need for special exception to provide public utility service'
o Unnecessary hardship if denied because they have proved there are no suitable stmctures in
the vicinity
o Approval does not interfere with Comprehensive Plan as there are no alternative sites
Petitioner:
It Had given the Dept. many months to understand the application
o Tabling from September to November
o Outside consultant information
111 Willing to prepare any documentation needed
tI Reduced size of fenced area
. Increased buffer
\) No generator; portable generator brought in ifpower is lost
o Exterior fans for cool equipment
o Agree to 30 day continuance
lJ
Actions: Items for next meeting
. Pictures of monopole with equipment
.. Dri ve test
. Minutes from Parks Board and Fire Department checked for tower proposals
. Alternative sites
. Board has option to re-open hearing to take additional documentation from petitioner and
remonstrators
. Robert Ware wanted to add entlrefuneral home tile to his statement and incorporate it by reference
Motion: On a motion made by Jim Hawkins and seconded by Leo Dierckman:
Docket Nos. 08080011 SE and 08080014 V, Towne Rd Communications Tower be tabled to the
December 15, 2008 hearing.
MOTION CARRIED UNANIMOUSLY
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Camlel Board of Zoning Appeals
November 24, 2008
Old Business
1-7i. CircleKlShell TABLED UNTIL DECEMBER 15
The applicant seeks the following development standards variance approvals:
Docket No. 08030019 V Section 23F.05.01B Build-to line greater than 10'
Docket No. 08030020 V Section 23F.07.02 Height under 26'
Docket No. 08030021 V Section 23F.07.01 One occupiable floor
Docket No. 08030022 V Section 23F.08.01 Floor Area Ratio minimum 0.5
Docket No. 08030023 V Section 23F.06.02 li'rontage minimum 70%
Docket No. 08030024 V Section 23F .15.02 Parking located in front of building
Docket No. 08030025 V Section 23F.11.03 Landscaping & screening
The site is located at 1230 South Rangeline Road and is zoned B3/Business, within the Cannel
DrivefRangeline Road Overlay.
Filed by Donald Fisher ofInsight Engineering for Mac's Convenience Stores, LLC.
Legal Report: John Molitor
o Regarding Mylin's swimming pool issue
o According to their counsel they have moved out of the house
o It is not clear whether they want to continue the business
o House is leased
o Executive session needed before December 15th hearing to discuss possible litigation
Adjournment
Motion: On a motion made by James Hawkins and seconded by Leo Dierckman:
The Meeting be adjourned.
MOTION CARRIED UNANIMOUSLY
The meeting adjourned at 9:50 PM.
Approved this 2C;; -a:: day oa.~ ~/y'Lt:.7
- ~ '
20 tJg
~.~y
SecretalY _.' onn~ngley
S:\Board of Zoning AppealslMinutes\Buard of Zoning Appeals - 2008f20081124.rtf
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