HomeMy WebLinkAboutSpecial Exception - 5117 S. Ironwood DrAttest:
RESOLUTION
4304 -13
Passed by the Common Council of the City of South Bend, Indiana
December 9,
13
20
Presented by me to the Mayor of the City of South Bend, Indiana
December 10, 20 13
City Clerk
President of Common Council
Approved and signed by me n 1 "f/" B f R �U 20 /3
City Clerk
im
RESOLUTION NO. 1,
-c)3 l—"0
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,
APPROVING APETITION OF THE AREA
BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT:
5117 S. IRONWOOD DRIVE, SOUTH BEND, INDIANA 46614
WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice
pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board
of Zoning Appeals for approval or disapproval; and
WHEREAS, the Common Council must take action within sixty (60) days after the Board of
Zoning Appeals makes its recommendation to the Council; and
WHEREAS, the Common Council is required to make a determination in writing on such
requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and
WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to
applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition from the
Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a
Special Exception be granted for the property located at: 5117 S. Ironwood Drive, South Bend
Indiana 46614 in order to permit a 158 -foot wireless telecommunications tower at the 4 -H
Fairgrounds with an aggregate access drive.
SECTION 11. Following a presentation by the Petitioner, and after proper public hearing, the
Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of
which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that:
1. The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
3. The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions
established by the Area Board of Zoning Appeals which are on file in the office of the City
Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
PRESENTED L L -v -3
NOT APPROVED �i 2
ADOPTED tL c(-'(3
— "- 1,1& -
Member of the Common Council
Filed in "Iffice
Sep 1 EU l'J
JOW
CITY CLERK, SOUTH BEND, IN
wireless
Chicago SMSA Limited Partnership
d /b /a VERIZON WIRELESS
City of South Bend, Indiana
Wireless Telecommunications Facility
Special Use & Variance Applications
Project Location:
St. Joseph County 4 -H Fairgrounds
5117 S. Ironwood Drive
South Bend, Indiana 46614
Applicant/Tenant:
Chicago SMSA Limited Partnership
d /b /a Verizon Wireless
1515 Woodfield Road, Suite 1400
Chicago, IL 60631
Agent for Verizon:
Insite inc.
Shane Hennessy -York
2210 Midwest Road, Suite 213
Oak Brook, IL 60523
(312) 442 -2202
Landlord:
St. Joseph County 4 -H Fair, Inc.
5117 S. Ironwood Road
South Bend, Indiana 46614
Les Slavinskas, President
CITY OF SOUTH BEND
Wireless Telecommunications Facility Special Use and Variance Project Summary
Petitioner
Chicago SMSA Limited Partnership d /b /a Verizon Wireless ( "Verizon Wireless ") is a leading national
wireless phone carrier and offers one of the finest wireless communications networks in the nation.
Property Description
Verizon Wireless has a entered a lease agreement with St. Joseph County 4 -1-1 Fair, Inc., owner of the
property located at 5117 S. Ironwood Road, South Bend, Indiana 46614, to install a one hundred fifty
eight foot (158') wireless telecommunications facility. The proposed facility lies within the South Bend
"SF1" Single Family and Two Family District and consists of a 60'x 60' lease area with a 150' monopole
(antennae center line at 150', 158' total height to top of lightning rod) and related equipment. The plans
also show plenty of space for future collocation by others. Although there is no guarantee of collocation,
the plans show the site area can accommodate the additional carriers /services. Access to the facility will
be by way of an easement driveway off Bituminous Drive.
Statement Petition
Verizon Wireless respectfully requests the consideration and approval of a Special Use application in the
City of South Bend. Therefore, as requested in the Area Board of Zoning Appeals instructions for filing
petitions, please accept the following justification statement petition listed below addressing the items
listed in the Special Use application:
The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare;
The proposed facility will be designed and constructed to meet applicable governmental and
industry standards. Specifically, Verizon Wireless will comply with FCC and FAA rules governing
construction requirements, technical standards, interference protection, power and height
limitations and radio frequency.
Wireless technology does not have an adverse effect on matters affecting the public health,
safety & general welfare. To the contrary, wireless technology affords vital communications in
emergency situations and will commonly be used by local residents and emergency personnel to
protect the general public's health, safety and welfare. These emergency services include 911
services, the ability to transmit vital data and a backup system to landline phone communication.
ii. The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
The proposed facility will be unstaffed and, upon completion, will require only infrequent
maintenance visits (approximately one or two times a month) by a service technician. Access to
the proposed facility will be via the existing entryways to the property. The facility is entirely self -
monitored by sophisticated computers which connect directly to a central office to alert personnel
to equipment malfunction or breach of security. Hence, the facility will not have any material
impact on traffic, parking or storm water control nor will the proposed facility create any
substantial adverse effect on public safety. Moreover, no material noise, glare, smoke, debris
traffic flow or any other nuisance will be generated by the proposed facility.
Page 2 of 6
The facility will not diminish and impair the value of other property in the neighborhood, but rather,
its presence will enhance and provide wireless communications to the residents of the City of
South Bend and St. Joseph County. Enhanced wireless communication will have a positive
influence on the economic development of this area. Businesses, employees and customers will
benefit from improved Verizon Wireless service which will increase productivity, convenience and
access to information. The availability of current and future cutting edge wireless technology will
continue to make the City of South Bend and St. Joseph County a pleasant place to live and
desirable place to invest and conduct business.
iii. The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein; and
The proposed facility is designed to fill a coverage gap in the Applicant's network. The network
operates on a "grid" system, whereby overlapping "cells" (geographic wireless coverage areas)
mesh to form a continuous wireless network. In order to provide wireless coverage within the
geographic confines of each cell, a wireless facility ( "cell site ") must be located somewhere near
the center of that cell. If the wireless facility is not located within or near the center or the height of
the antennas is inadequate, then coverage gaps exist. Coverage gaps result in a weak wireless
signal which to the end user means a dropped call or inability to make or receive a call. Given the
public's increasing dependency on wireless technology, wireless networks and the cell sites that
they are made up of are now, more than ever, critical to the safety and well -being of the overall
population.
Verizon Wireless feels it designed a site that will be in harmony with the appropriate, orderly
development of the zoning district in which it is located. The establishment, maintenance and
operation of the proposed facility will be wholly contained within a 60' x 60' lease area, unless
another carrier collocates at a future date. In that case, the ground lease area depicted in the
plans will house additional equipment. Due to the size of the lease area within the grand scale of
the 4 -H Fairground, and the nature of wireless technology, there will be little impact on the orderly
development of the surrounding properties. Similar to other reliable utility networks such as
electric, gas & water, wireless networks are essential to the development of any community.
Access to the proposed facility will be via an aggregate extension to an existing driveway within
the fairgrounds so no major grading, earth moving or environmental impact will be sustained.
Additionally, with the facility being unstaffed and maintenance visits occurring only once or twice
monthly, there will be no impact on the existing traffic patterns nor will there be any traffic hazards
or nuisances generated.
iv. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive Plan.
As noted, the applicant has been sensitive in the selection and design of the proposed facility.
The granting of the Special Use will not impede, substantially hinder, or discourage the
development and use of adjacent land and buildings as the proposed facility is a slight alteration
of the existing site conditions. In addition, reliable utility networks such as electric, gas, water and
wireless networks are essential to the development of any community further supporting the
interpreted recommendations of the comprehensive plan. Verizon Wireless' operational
technology is heavily regulated and routinely managed so as not to interfere with any other form
of communication or utility.
Page 3 of 6
In addition, enhanced wireless communication will have a positive influence on the economic
development of this area. Businesses, employees and customers will benefit from improved
Verizon Wireless service that will increase productivity, convenience and access to information.
Indeed, quality wireless networks within your community assure that businesses remain
connected with their customers, vendors and employees. This is one of the factors that will
encourage existing businesses to remain and expand and may help attract new businesses or
private investment to the City of South Bend and Saint Joseph County.
Also required in the municipal code, Section 21 -08.01 for Special Regulations for Wireless
Telecommunications Facilities, please find the additional Special Use requirements below:
a. A narrative detailing:
The reason for need (coverage, capacity, new users, etc.) for a telecommunications
tower or wireless communication facility at the requested site.
Verizon Wireless is seeking approval for a wireless communications facility detailed in the
attached application to keep up with coverage, capacity and new users because of the
constant evolution of wireless handsets and consumer demand for data -rich programming
and application uses. The attached maps show a deficiency in the coverage objective as
determined by the Verizon Wireless RF Engineering department who have analyzed the
network. In the current maps, the Engineers see & anticipate a growing deficiency in this
area thereby requiring the new, proposed macro cell site. Please refer to the attached
maps which show current deficiency & the anticipated coverage to fill network gaps and
provide reliable coverage created by the proposed tower.
2. The nature of any existing wireless communication facility with information
regarding collocation opportunities or limitations.
The alternative candidate considered within the area lacking reliable coverage was a
short, 45 foot water tower near Route 20 and Ironwood Drive. Although there are existing
carriers on this water facility, the Verizon Wireless RF Engineers evaluated the tank for
collocation consideration and determined this water tower was too low for Verizon
Wireless to install equipment while meeting the required service objectives as determined
by their network analysis. Therefore the proposed 150 foot tower is justified as a
resolution to provide sufficient and improved coverage while being collocatable by others
after construction completion. Please refer to the included affidavit provided by the
Verizon Wireless RF Engineer stating the short water tank is an unacceptable candidate.
3. The manner in which the proposed placement will promote the City of South Bend
Telecommunications Policies.
Due to the fact that Verizon Wireless has been sensitive in selecting a site that will
minimize the impact of the surrounding property, the proposed facility will not alter the
essential character of the neighborhood. The proposed facility and the proposed variation
will be compatible with the existing environment for the purposes already permitted and
will not interfere with the use and enjoyment of any other property in the immediate
vicinity. Wireless technology does not interfere with any other form of communication,
whether public or private. Additionally, wireless technology provides vital communication
in emergency situations and will commonly be used by local residents and emergency
personnel to protect the general public's health, safety and welfare. This facility will not
Page 4 of 6
have an effect on the property values within the vicinity, but rather, its presence will
provide enhanced wireless communications to the residents, businesses and visitors of
the City of South Bend and Saint Joseph County. Enhanced wireless communications will
have a positive influence on this area.
In association with the Special Use application, Verizon Wireless respectfully requests the consideration
and approval of a Variance application for the use of an aggregate access drive in lieu of a hard surface
access drive required by code. Therefore, please accept the following justification statement petition
listed below addressing the items listed in the Variance application:
WHY the approval will not be injurious to the public health, safety, morals and general
welfare of the community.
The proposed facility will be designed and constructed to meet applicable governmental and
industry standards. Specifically, Verizon Wireless will comply with FCC and FAA rules governing
construction requirements, technical standards, interference protection, power and height
limitations and radio frequency.
Wireless technology does not have an adverse effect on matters affecting the public health,
safety & general welfare. To the contrary, wireless technology affords vital communications in
emergency situations and will commonly be used by local residents and emergency personnel to
protect the general public's health, safety and welfare. These emergency services include 911
services, the ability to transmit vital data and a backup system to landline phone communication.
2. WHY the use and value of the area adjacent to the property included in the variance will
not be affected in a substantially adverse manner.
The proposed facility will be unstaffed and, upon completion, will require only infrequent
maintenance visits (approximately one or two times a month) by a service technician. Access to
the proposed facility will be via the existing entryways to the property. The facility is entirely self -
monitored by sophisticated computers which connect directly to a central office to alert personnel
to equipment malfunction or breach of security. Hence, the facility will not have any material
impact on traffic, parking or storm water control nor will the proposed facility create any
substantial adverse effect on public safety. Moreover, no material noise, glare, smoke, debris
traffic flow or any other nuisance will be generated by the proposed facility.
The facility will not diminish and impair the value of other property in the neighborhood, but rather,
its presence will enhance and provide wireless communications to the residents of the City of
South Bend and St. Joseph County. Enhanced wireless communication will have a positive
influence on the economic development of this area. Businesses, employees and customers will
benefit from improved Verizon Wireless service which will increase productivity, convenience and
access to information. The availability of current and future cutting edge wireless technology will
continue to make the City of South Bend and St. Joseph County a pleasant place to live and
desirable place to invest and conduct business.
3. WHY the strict application of the terms of the zoning ordinance will result in practical
difficulties in the use of the property.
Verizon Wireless feels that because the proposed facility will be unstaffed and, upon completion,
will require only infrequent maintenance visits (approximately one or two times a month) by a
service technician, a paved hard surface access road will not be necessary since the access to
Page 6 of 6
the proposed facility will not experience significant use or travel. The facility is entirely self -
monitored by sophisticated computers which connect directly to a central office to alert personnel
to equipment malfunction or breach of security and if the issue cannot be managed remotely from
the main Verizon Wireless office, only then will a technician be deployed to the facility. Therefore,
the facility will not have any material impact on traffic, parking or storm water control nor will the
proposed facility create any substantial adverse effect on public safety which further justifies an
aggregate access road as a suitable alternative.
Thank you in advance for your consideration of the Verizon Wireless Special Use and Variance
applications. We respectfully request a favorable recommendation for approval and look forward to
expanding the Verizon Wireless network to continue providing substantial, reliable and efficient wireless
telecommunications services in the City of South Bend and the County of Saint Joseph. Please do not
hesitate to contact me at (312) 442 -2202 or shanehy @insite - inc.com with any concern.
Si2Shane l
nessy- ork
Insite inc.
RAN E Wh ComuMM £wrvku
2210 Midwest Road, Suite 213
Oak Brook, IL 60523
(312) 442 -2202
shanehv (o)insite- inc.com
Page 6 of 6
PETITION OF
CHICAGO SMSA LIMITED PART.IVERIZON
SPECIAL USE
AREA BOARD OF ZONING APPEALS
FINDINGS OF FACT
1. THE PRPOSED SPECIAL USE WILL NOT BE INJURIUS TO THE PUBLIC HEALTH,
SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WLFAFE
BECAUSE:
Development and use as presented will comply with all building, fire safety, traffic, and parking
regulations as to not being injurious to the public health, safety, morals, and general welfare of the community.
2. THE PROPOSED SPECIAL USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF
THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE:
The variance or use shall improve the appearance of the neighborhood and will not devalue the
surrounding properties.
3. THE PROPOSED SPECIAL USE WILL BE CONSISTENT WITH THE CHARACTER OF THE
DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE:
The conditions to this particular property does create an unusual and unnecessary hardship.
4. THE PROPOSED SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF
THE ST. JOSEPH COUNTY COMPREHENSIVE PLAN BECAUSE:
It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not
deviating from it's intent.
CONDITIONS or REVISIONS:
DECISION
IT IS THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto the
Roseland Town Council with a: FAVORABLE RECOMMENDATION
ADOPTED this 6TH Day of NOVEMBER, 2013.
YES NO
0
MICHAEL URBANSKI
❑
GERALD PHIPPS
rxi
RANDALL MATTHYS
BRENDAN CRUMLISH
X❑
JOE VELLEMAN
ABSENT
JACK YOUNG
X❑
ROBERT HAWLEY
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235 -9554
FAX: (574) 235 -5541
November 7, 2013
The Honorable Common Council
Of the City of South Bend
4th Floor, County -City Building
South Bend, Indiana 46601
RE: Petition for Special Exception
Chicago SMSA Limited PartnershipNerizon Wireless
ABZA 11/6/13
Dear Council Members:
The above referenced petition of Chicago SMSA Limited Partnership /Verizon Wireless was
legally advertised on October 17, 2013. The Area Board of Zoning Appeals gave it apublic
hearing on November 6, 2013, at which time the following actionwas taken:
Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and by a 6 -0 vote,
the petition for Special Exception to allow a 158' co- location communications tower in a
"SFI" District, on property located at 5117 S. Ironwood Drive, is sent to the Common
Council with a Favorable Recommendation.
The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the
above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a
later date, to be made part of this report.
Sincerely,���
Charles C. Bulot, C.B.O.
Building Commissioner
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TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
13 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, APPROVING A
PETITION OF THE AREA BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT 5117 S. IRONWOOD
DRIVE, SOUTH BEND, INDIANA
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with a favorable
recommendation.
This bill was heard by the Zoning & Annexation Committee.
Karen L. White
Chairperson, Committee of the Whole