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HomeMy WebLinkAboutPacket - BZA letter 02-23-09Board of Zoning Appeals City of Carmel, Indiana February 13, 2009 RE: 11104 Towne Road/ Parcel # 17-13-05-00-00-012.000/ Docket # 08080011 SE and Docket # 08080014 V Dear Board Members, American Tower Corporation (ATC) respectfully asks the Board to consider all aspects of the Special Exception Permit request Docket # 08080011 SE and Variance request Docket # 08080014 V prior to the Hearing on Monday, February 23, 2009. ATC has acted in Good Faith throughout this entire process and has made every effort to cooperate with all of the City of Carmel’s requests for information and modifications to the design/ application in order to minimize the visual impact to the property and surrounding area. There are 5 main issues that have been identified by the Board during this process that ATC would like to address in this letter. NEED This particular “Search Ring” has been in the works for over 10 years by all major carriers individually, in order to attempt to provide adequate service to their customers, with no success. ATC has provided a platform for all carriers to work together in order to achieve this common need for service to this area by providing one location for all carriers to collocate their equipment and antennas. This is a very unique situation because the normal course of business for all the carriers is keep their “Build Plan” confidential in order to maintain a competitive edge. ATC has provided coverage maps and testimony from carriers interested in collocating on this proposed structure. As stated in previous hearings, a “cell phone” is used for much more than just making a call. These devices are used for data services (internet, video, and audio), text messaging, E911, GPS services, cameras, and many new applications that are introduced everyday. The Federal Government has taken a particular interest in providing the best service to as many Americans as possible for many reasons including Homeland Security and providing Wireless Broadband service. All one needs to do is pick up a paper or turn on a TV in order to see the impact the Wireless Industry has on every American. A Wireless device is no longer a luxury, but a tool and safety device. As of a couple years ago, there are more Wireless Devices in service than the traditional landline phone. This tells us that people need service in their homes and places of business. Currently, in this area the carriers are stating they do not have adequate in-building service to provide that need to the homes and businesses of this area. As an example, in the case of a common traffic accident, the network in this area is in jeopardy of having dropped calls or no service. If there were a major weather or unforeseen incident in this area, the local area would be at a disadvantage to communicate with those Public Service entities that provide assistance. Since there are no structures in the area that provide a location for all the carriers, ATC’s proposal actually helps eliminate multiple applications from each individual carrier coming into the City of Carmel. AESTETICS ATC has made every effort to conceal the proposed Wireless Communications Facility and fit in with the surrounding area, as possible. The tower is a concealed Flagless Flagpole. All antennas will be located within the pole itself. There are no climbing pegs or ladders on this pole. The pole is only 120’ and will provide space for up to 5 carriers. This is the minimum height that would provide coverage for the carriers. As a side note: all the carriers want to locate their equipment above the 100’ height on this pole in order to provide the best possible coverage. There will only be 2 carriers that will be above that height. Every level below the top level will have diminished coverage. 80’ is the minimum that would provide some coverage (but not optimal coverage) to the area. Therefore, building multiple structures to accomplish an 80’ height doesn’t accomplish the intended coverage needs of the carriers; it just creates more structures that would need to adhere to all of the City of Carmel’s ordinances and setbacks. The equipment will all be located within a “Barn w/ a Cupola”. This Barn is very similar to the Llama farm located 2 properties directly South of this property. The Barn will be surrounded by the appropriate landscaping as per City of Carmel ordinances. The proposed location in the back NW portion of the property provides for natural screening because of the 50’-60’ trees surrounding the property. This also keeps the site as far away from Towne Road as possible and away from the 25’ drainage easement that runs diagonally NW to SE across the property. There are no locations on this property where the Barn and Flagless Flagpole can be located to achieve the 220’ setbacks required. IMPACT ON SURROUNDING PROPERTY VALUES The Impact Study performed by Amanda Woodall clearly shows that Property Values are not diminished by the presence of a Wireless Communications Facility. She performed a local study using hard data in respect to the Time on Market when selling a home and Resale Value. There are many extremely tall Broadcast towers on the north side of Indianapolis that can be seen from the entire City of Carmel area, but Developers and Builders have not been deterred from building in the City of Carmel. Amanda Woodall will speak to this during the February 23, 2009 hearing. ATC is NOT proposing to build the conventional large 500’+ Broadcast tower with Guyed Wires, a 250’ Lattice type structure, or 190’ Monopole w/ the antennas sticking outside of the monopole. But instead, a concealment pole that looks like a Flagpole. All antennas are on the inside of the Flagpole. LOCATION This immediate area is where all the carriers need to be in order to provide service to their customers. There are no existing viable structures that will provide a location for all the carriers to place their antennas and equipment. A structure must be built in order to provide adequate service to the area. For over 10 years, many companies and Site Acquisition Agents have tried to find a property that meets all the requirements of the City of Carmel’s Zoning Ordinance and Setbacks, as well as a willing Property Owners, but have had no success. They have approached City of Carmel entities, as well as private entities. Everyone has been denied either because of no interest or fear of the Public response. Regardless, of any location ATC or any carrier attempts to place a proposed Wireless Facility, the immediate surrounding property owners are going to be against this application. We feel that from all aspects this is the best possible location to accomplish the need for service for the City of Carmel and have little or no impact to the area. SETBACKS The Variance request is for relief from the Setback ordinance requiring a minimum of 100’ from all property lines plus the height of the structure. Therefore, ATC would be required to be 220’ away from all property lines. This can’t be accomplished on this parcel. To accomplish this setback, the parcel would have to be approx. 4.5 acres at a minimum and the structure would have to be located dead center of the parcel. This setback would be difficult, if not impossible, to meet on any property located in this area. ATC has given careful consideration from the beginning of this project to consider the interest of the surrounding property owners and the City of Carmel. ATC applied for this application in August 2008, and has since worked to meet all the requirements and accommodate all the requests for information and design changes. This is the one opportunity the City of Carmel has to consolidate all the carriers on one location and allow for the much needed coverage in this area to be provided to the City of Carmel residents. Please vote to approve this Special Exception Permit application and grant the Variance for setbacks to resolve all these issues. Sincerely, Brian Ramirez American Tower Corporation