Loading...
HomeMy WebLinkAboutSpecial Exception - 609 E. LaSalleAttest. RESOLUTION 4395 -14 Passed by the Common Council of the City of South Bend, Indiana October 13, 14 20 . City Clerk President of Common Council by me to the Mayor of the City of South Bend, Indiana October 14, 20 14 Approved and signed by me `' U� ' 1 20-L. City Clerk RESOLUTION NO. �3 f 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 609 E. LASALLE 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: C11B7MI_'�IA in order to permit CO- LOCATE A SMALL CELL TELECOMMUNICATION ANTENNA AND ALL ASSOCIATED QUIPMENT ON AN EXISTING BURKHART BILLBOARD SECTION II. 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 opfilo4n -kee office of the City Clerk. SECTION V. The Resolution shall be in full force Common Council and approval by the Mayor. J�RESEN7ED � 0 —l3 — I 4T?T APP &OVEf� its adoption by the Council Filed In Clerk's Office E AUQ112014 E JOHN VOORDE CITY CLERK, SOUTH BEND, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 14 -86 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 609 E. LASALLE 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. Valerie Schey Chairperson, Committee of the Whole THE CITY OF SOUTH BEND INDIANA Special Use Permit Application Small Cell Wireless Telecommunications Facility venzonwireless Project Location: -Project €S LaSalle Ave. South Bend, Indiana, 46617 PIN 018 - 5009 -0263/ 71- 08- 01.456- 002- 000 -026 Applicant / Tenant: Verizon Wireless 1515 Woodfield Road Schaumburg, Illinois 60018 Site: Verizon Small Cell — Medical Pavilion III Agent for Verizon Wireless: Insite inc. Rpy EsnM CpiUEmy S1MCpi Scott Garcia 15660 Midwest Road, Suite 140 Oakbrook Terrace, Illinois 60181 (630) 442 —3000 Garcia @insite - inc.com Property Owner: Burkhart Advertisement, Inc. 1335 Mishawaka Avenue South Bend, Indiana, 46615 City of South Bend Wireless Small Cell Telecommunication Facility Request for Special Use Project Summary Petitioner Cellco Partnership d /b /a Verizon Wireless ( "Verizon Wireless') is a leading national wireless phone carrier and offers on the finest wireless communication networks in the nation. Property Description Verizon Wireless has entered into a lease agreement with Burkhart Advertising Inc. who owns the existing Billboard located at 609 E. LaSalle Ave. South Bend, IN. 46617 to install a Small Cell antenna to be located atop the 44' Sign and to attach the remaining equipment on the base of the sign. The existing billboard is located in the "MU" Mixed Use District and access to the facility will be by way of an access easement driveway off Eddy Street. Statement of Petition. Verizon Wireless respectfully request consideration and approval of a Special Use application for a SMALL CELL wireless communications facility at 609 E. LaSalle Ave. South Bend, IN. 46617 to satisfy coverage, capacity and user demand brought on by the constant evolution of wireless handsets and data -rich application uses. Verizon Wireless is excited to have established a professional relationship with Burkhart Advertising and to pursue a new use permit application for a communications facility on the existing Billboard. Verizon plans to install one micro small sell the top of the billboard with all the remaining equipment will be located on the base of the billboard itself. The microcell antenna will extend no more than 2 feet above the billboard itself. Therefore, please accept the following justification statement petition below addressing the items listed in the Special Use application. 1. The proposed use will not be injurious to the public health, safety, comfort. Community moral standards and convenience or general welfare; The proposed facility will be designed and constructed to meet applicable government and industry regulatory compliance standards. Specifically, Verizon Wireless will comply with all FCC and FAA rules governing construction requirements, technical standards, radio frequency interference protection and power limitations. Wireless technology does not have an adverse effect on matters relating to public health, safety and welfare. In fact, wireless technology supports vital communications in emergency situations and will be used by local residents and emergency personnel to protect the general public's health, safety and welfare. These emergency services include e911 support, the ability to transmit vital data and a backup system to traditionallandline telephone communications. 2. The proposed use will not injure or adverse effect the use of the adjacent area or property values therein; The Verizon Wireless installation will not deteriorate or impair the value of other property in the vicinity, but rather, the presence of the proposed facility will improve the neighborhood by providing a more reliable and stable wireless communications service to the residents and visitors of the City of South Bend Indiana. Enhanced wireless communication will have a positive influence on the economic development of this area and all Verizon Wireless subscribers will benefit from improved service. 3. The proposed use bill be consistent with the character of the district in which it will be located coupled with the existing land uses (existing Billboard). The proposed facility is designed to fill a coverage gap in the Applicants 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 coverage within a cell, the wireless facility must existing on some level. Verizon has been a Pioneer in the Industry since day one and has been using the Small Cell concept as a major part of their network not only because it enhances services to their clients, but also because of its minimal visual impact and more often will go completely unnoticed being located on the existing Billboard. Verizon Wireless's wireless technology is heavily regulated and routinely maintained so as not to interfere with any other form of communication network or utility. In addition, enhanced wireless communication capabilities will have a positive influence on the economic development of the City of South Bend Indiana which improves the overall experience for both commercial and residential interests resulting in a product that is consistent with the Comprehensive Plan. 4. The proposed special use would not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the underlying zoning district in the City of South Bend. Verizon Wireless has been sensitive in the selection and design of the proposed facility and by granting the special use permit application, the project will not impede, hinder or discourage the development and use of adjacent land uses since the proposed installation is a slight alteration to the existing structure. Only the antenna will be visible on the top of the sign and the cabinet will be attached to the base of the sign which minimizes the aesthetic impact of the installation. 5. The proposed special use is so designed to provide adequate utilities, access roads, drainage, or necessary facilities. Similar to other reliable utilities such as power, gas & water, wireless networks are essential to the development of any community. The primary access route to the proposed facility will be on existing, paved driveway and parking lots near and next to the sign. The scope of this project is completely installed on the base of the existing Billboard therefore the antenna on the sign will have no impact on access roads or drainage. 6. The proposed special use is designed to provide ingress and egress to minimize traffic congestion on public streets. The proposed facility will be an unmanned installation and, upon completion, will require infrequent maintenance visits (approximately one or two times per month) by a service technician. The facility is entirely self - monitored by complex computer systems which connect to a central office and alert personnel in the event of an equipment malfunction or breach of security. No noise, glare, smoke, debris or byproduct will be created by the proposed project and as designed, the facility will not have an impact on traffic, parking or storm water control systems. Thus, the proposed facility will not cause an adverse effect on traffic congestion. Also required in municipal code, section 21 -08.01 for special regulations for wireless telecommunication facilities, please find the additional special use requirements below: A narrative detailing: 1. The reason for need (coverage, capacity, new users, etc.), for a telecommunication tower or wireless communications facility at the requested site. Verizon Wireless is seeking approval for a wireless SMALL CELL communications facility detailed in the attached application to keep up with coverage, capacity and new users because of the constant evolution of wireless handset, and consumer demand for data rich programming an application uses. The attached maps show the deficiency in the coverage of jacket as determined by Verizon wireless is RF engineer department who have analyzed the network. In the current map the engineer see and anticipate a growth deficiency in the area therefore requiring a new proposed small cell site. Please refer to the attached maps which show current deficiencies and the anticipated coverage will fill network gaps and provide reliable coverage created by the proposed small cell. 2. The nature of the existing wireless communication facility with information regarding collocation and opportunities or limitation. This section is non - applicable, the design is a collo- location on an existing billboard. 3. The manner in which the proposed placement will promote the city of South Bend's telecommunications policies. Due to the fact that Verizon Wireless has been sensitive and selecting a site that will minimize the impact of the surrounding property, to propose facility will not alter the essential character of the neighborhood. The proposed facility will be compatible with the existing environment for the purpose 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 a vital communication in emergency situations and will commonly be used by local residents and emergency personnel to protect the public health, safety and welfare. This facility will not have an effect on the property value 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 St. Joseph County. Enhanced wireless communications will have a positive influence on this area. Thank you in advance for your consideration of the Verizon Wireless Special Use application. Verizon Wireless and Burkhart Advertising Inc. respectfully request a favorable recommendation for approval and look forward to expanding the Verizon Wireless network with the intent of providing substantial, reliable and efficient wireless telecommunications services in the City of South Bend Indiana. Please do not hesitate to contact me at (630) 742 -3000 or Garciaa- insite- inc.com with any concern. Sincerely, Scott Garcia Insite inc. Real Estate Conwhing Semi 1s660 Midwest Road, Suite 140 Oakbrook Terrace, Illinois 60181 Garcia(a)i nsite- inc.com (630) 742 -3000 Aa Y ti4 > y�N -SI ffei ;tb- gtL�a3.6,Fy � � t 1 .Y� � b' � i '• •ti r i. N 14. if co 11 �Y �l♦7� �`] .i y.i.F "I, e N Is. � O �."l i l i S K.� = . { tll