Special Exception - 1401 S. Lafayette Blvd.- Transpo Cell Tower

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Board of Zoning Appeals August 10, 2010 Page 2 new Transpo Operations Facility likely to have an address of 1401 South Lafayette Blvd., South Bend, IN (corner of Lafayette Blvd. and Stull Street). C. Background and Statement of SRecial Exception Requested. The communications facilities within Transpo are in constant radio contact with the drivers of its public passenger vehicles. To assure communication with the drivers regardless of their location, _Transpo constructed a 180 foot lattice-style free-standing telecommunications tower. The tower is currently located and in operation at Transpo's existing Northside location. When the new Transpo Operations Facility is completed, Transpo planned to relocate the tower to the new location. It is a single purpose tower for communicating with Transpo personnel only and is not used for public telecommunication purposes. Section 21-08.01(3)(A) - GVhere Permitted -The tower would be located on Transpo property within the General Industrial district. Accordingly, pursuant to Section 21-08.01(3)(A), a special exception use is required. Additionally, the tower would be located within five hundred (500) feet of a residential district. However, because the telecommunication tower only serves Transpo and no other residents and businesses of the City of South Bend, there are no other locations, buildings or structures beyond five hundred (500) feet of a residential district or use which are available. The Transpo site is within the City of South Bend's new Ignition Park. Accordingly, alternative site locations for the tower are problematic. Additionally, many of the residential properties within the area have been included on the Redevelopment Commission's acquisition list for future acquisition to complete and expand Ignition Park. Section 21-08.01(3)(B) - Alternatives Exhazrsted - Because the telecommunications tower is utilized solely by Transpo for communicating with its drivers, locating the specialty wireless radio equipment on an existing tower, building or structure established for cell communications is not feasible. Section 21-08.01(3)(C) -Fair 11~larket Value -not applicable. Section 21-08.01(3)(D)- Additional Special Exception Filing Rega~irements - because the telecommunications tower at issue is not one to be utilized by the public, the provisions of subpart i. regarding a service plan for the City of South Bend, subpart ii. regarding a certification that the tower is available for use by another wireless telecommunications provider, and subpart iii. regarding a designation by the owner that the tower is located on an area set aside for the equipment of future owners are not applicable. Section 21-08.01 (d) -Development Standards -Officials of Transpo and its general contractor, The Robert Henry Corporation, have been in contact with the building commission's staff to assure that the telecommunications tower, subject BARNES&THORNBURG u.r