The URL can be used to link to this page

Home My WebLink AboutSpecial Exception - 3016 Portage Ave, South Bend, IN 46601Attest: RESOLUTION 4479 -15 Passed by the Common Council of the City of South Bend, July 27, 15 20 City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana July 28 20 15 Approved and signed by me :YC 20 s . City Clerk RESOLUTION NO. � � � R -(-r A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3016 Portage Ave. South Bend, IN 46601 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 South Bend 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 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: 3016 Portage Ave. South Bend, IN 46628 in order to permit to construct and operate a telecommunications facility on a property classified SF 1 and variances: 1. From the required hard surface access to a gravel drive. 2. From required landscaping to no landscaping as it is located in a wooded area with agricultural surroundings. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend 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: The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 2. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 3. 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 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 - 2"1 --A I- NOT APPRO ADOPTED Z Member of the'1SQmFiiort Council Filed in Clerk's Office JUN 09 2015 J ON CITY CLERK, SOUTH BEND, IN CHARLES S HAYES 814 MARIETTA STREET SOUTH BEND, IN 46601 TM May 29, 2015 Area Board of Zoning Appeals of St. Joseph County, Indiana 125 South Lafayette Blvd. Suite 100 South Bend, IN 46601 RE: Special Exception Use and Variance of Developmental Standards Telecommunications Facility 3016 Portage Ave South Bend, IN 46628 Township: Portage Zoning Classification: Single Family To the Honorable Board: WWW.TELECOMPARK.COM T +574.233.1296 F +574.232.4609' Charles S. Hayes Inc. (Hayes) is hereby applying for a Special Exception Use and a Variance of Developmental Standards to construct a 195' (200' overall) telecommunications facility on property classified SF 1. The property is located at Portage Manor, a facility owned by St. Joseph County at 3016 Portage Ave. The Variance of Developmental Standards is as follows: 1) From the required hard surface access to a gravel drive. 2) From required landscaping to no landscaping as it is located in a wooded area with agricultural surroundings. Legal Description That property known as Portage Manor. With the legal description being: 113.89Acs E Portage Ave Less 1.269 Acs + -to City for Portage Av Imprvmnt Proj 1 12.621 Ac +- 08/09 split to city for street 474QCD 3 -20- 07. Project Description The project will include a 195' high (200' overall) monopole type radio communications tower, various equipment shelters, equipment platforms, generators and related equipment. Yours truly, Anne Hayes/ Vice President Charles S Hayes Inc. INFRASTRUCTURE FOR THE TELECOMMUNICATIONS INDUSTRY. GENERAL STANDARDS FOR SPECIAL EXCEPTION USES 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The Special Exception Use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare because the compound will be securely fenced and no dangerous materials or equipment will be used at the site. Z The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed project is supported by the administrators and board members of Portage Manor. The tower will be located in an area away from the Portage Manor residence building and surrounded by trees. 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The proposed tower will be located in a wooded area approximately 850 feet from Portage Avenue. J. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan because it will not place demands on public services and facilities in excess of current capacity because no sewer or water or other public services are required at the site, and adequate electric service is available. The facility is necessary to further develop existing and new wireless networks. uoaro of zoning Appeals cKW4 -now. . Of St. Joseph County, Indiana 125 South Lafayette Blvd. Suite 100 South Bend, Indiana 46601 RE: Support for telecommunications tower at Portage Manor Dear Board Members: Please be advised that Charles S. Hayes Inc. has been directed to represent our interest at the BZA meeting at which this petition is to be considered. r Sincerely, V' 44) &41A"/ ,Y09G' PW, (? rrmu <n • p9.r!/i, !&,,d nerd <'aruc 46628 • (5711) .579 -9900 ® -96 t/37G) 27744R6 Exhibit A. Exhibit B. Service Plan Site Plan Table of Contents Exhibit C. Aerial View of all Properties within 300' of Property in Petition and Names and Addresses of Property Owners within 300' of Property in Petition Exhibit D. Copy of Notice to Adjacent Property Owners & Copy of Notice of Public Hearing for Publication Exhibit E. City Map of Towers within One Mile and City Map of all towers Exhibit F. FAA Application Exhibit G. Color photo simulations EXHIBIT A WIRELESS TELECOMMUNICATIONS FACILITY SERVICE PLAN FOR ST. JOSEPH COUNTY 01 July 2015 The Petitioner, Charles S. Hayes Inc., is seeking a Special Exception Use to allow for a 195'(200' overall) monopole -type telecommunication tower and equipment buildings on property classified SF 1. Hayes also seeks a Variance of Developmental Standards for the proposed tower, from a hard surface access drive to a gravel access drive, and from landscaping to no landscaping. Reason or need: Charles S. Hayes Inc. has a longstanding history in St. Joseph County for communication infrastructure through ownership, construction and management of radio communication facilities. The company's goal is to minimize the proliferation of towers in the community while maximizing the number of various types of carriers on them. The need for a variety of carriers in an area, demand for cellular phone minutes and the explosive growth in usage of data transmission will only increase with the continued request for services in the City of South Bend. Hayes feels this site will be optimal for wireless and internet carriers. Nature of any egg wireless communication facilities sites: There are no existing wireless communication facilities located within a one mile radius of the proposed site. Please refer to the "TOWERS WITHIN ONE MILE" map included in the application. Manner in which the proposed placement will adhere to the St. Joseph County Telecommunications Policy: The proposed 195' (200'overall) monopole -type structure will facilitate wireless communication services to residents and businesses of South Bend. The tower will be located over 800' from Portage Avenue, will be surrounded by a wooded area, and will not require lighting. The use and value of the adjacent area will not be affected in a substantially adverse manner. Rather, the value of the surrounding property and community increases with the availability of high quality radio communication services that provide for new technologies and improved emergency services. so, PROPOSED GRAVEL ACCESS DRIVE POWER AND TELCO 20' WIDE GATE 8w 3016 P SOUR ST. A 195'T IV 6' CHAIN LINK FE I - 4)12'X2 OR P A II 3016 P SOUR ST. A 195'T IV 6' CHAIN LINK FE I - 4)12'X2 OR P A TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 15 -65 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3016 PORTAGE AVE. SOUTH BEND, IN 46601 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