Johnson County Board of Zoning Appeals May 19, 2015 at 7:00 PM
JOHNSON COUNTY Department of Planning and Zoning 86 West Court Street Courthouse Annex Franklin, Indiana 46131 Phone: (317) 346-4350 Fax: (317) 736-4722 Website: www.co.johnson.in.us Johnson County Board of Zoning Appeals May 19, 2015 at 7:00 PM Table of Contents Agenda ..................................................................................................................................... 1 Minutes to be Approved.................................................................................................... 3 V-6-15 James & Jerri Peters - Use & Development Standards Variance ............. 4 Remonstrator's Proposed Findings of Fact ..................................................................... 4 SP-2-15 / V-11-15 Zayo Group - Special Exception & Development Standards Variances ................................................................................................................................ 9 Staff Report .............................................................................................................................. 9 Petitioner's Findings of Fact ............................................................................................... 13 Surrounding Development Map ........................................................................................21 Staff Exhibit ........................................................................................................................... 22 Signage & Photographic Simulation ............................................................................... 23 JOHNSON COUNTY Department of Planning and Zoning 86 West Court Street Courthouse Annex Franklin, Indiana 46131 Phone: (317) 346-4350 Fax: (317) 736-4722 Website: www.co.johnson.in.us MEETING AGENDA Johnson County Board of Zoning Appeals May 19, 2015, 7:00 p.m. The Johnson County Board of Zoning Appeals will meet Tuesday evening, May 19, 2015 at 7:00 p.m. in the Auditorium of the Courthouse Annex. The following items of business are on the agenda: CALL TO ORDER APPROVAL OF MINUTES Minutes from the April 28 , 2015 meeting PUBLIC HEARINGS CONTINUED HEARINGS V-6-15 James & Jerri Peters – USE & DEVELOPMENT STANDARDS VARIANCE – Consideration of Findings of Fact. SP-2-15 / V-11-15 Zayo Group – SPECIAL EXCEPTION & DEVELOPMENT STANDARDS VARIANCE – The board is to consider a special exception to provide for two 45-foot tall, wooden communications towers. The board is also to consider a development standards variance to allow one tower to encroach 38 feet into the right-of-way of Stones Crossing Rd. and for one tower to encroach 15 feet into the right-of-way of Pennington Dr. NEW HEARINGS None. Development Standards Requirements to be met: 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and Page 1 3. The strict application of the terms of the Zoning Ordinance will result in practical difficulties in the use of the property. Special Exception Requirements to be met: 1. 2. 3. 4. 5. 6. 7. The use shall be specifically identified as a special exception in this Ordinance for the zoning district in question. The special exception can be served with adequate utilities, access roads, drainage and other necessary facilities. The special exception shall not involve any element or cause any conditions that may be dangerous, injurious or noxious to any other property or persons, and shall comply with any and all design development standards for the use identified in this Ordinance. The special exception shall be sited, oriented and landscaped to produce a harmonious relationship to buildings and grounds to adjacent buildings and property. The special exception shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. The special exception shall organize vehicular access and parking to minimize traffic congestion in the neighborhood The special exception shall preserve the purpose of this Ordinance, and shall not interfere substantially with the Comprehensive Plan. OLD BUSINESS None. NEW BUSINESS None. REPORTS AND RECOMMENDATIONS Update on Zoning Violation Case V14-66 - concerning property owner's progress toward bring the property into conformance with the Ordinance. ADJOURNMENT The next regular meeting of the Johnson County Board of Zoning Appeals is scheduled for Tuesday, June 23, 2015. Page 2 Minutes will be provided at the Meeting Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 DEPARTMENT OF PLANNING AND ZONING JOHNSON COUNTY, INDIANA 86 W COURT STREET FRANKLIN, IN 46131 STAFF REPORT SP-2-15 / V-11-15 APRIL 28, 2014 PAGE 1 OF 4 Staff Report CASE NUMBER: CASE NAME: SP-2-15 / V-11-15 ZAYO GROUP – SPECIAL EXCEPTION & DEVELOPMENT STANDARDS VARIANCE ADDENDUM FOR MAY 19, 2015 The Board continued this hearing from the April 28, 2015 meeting to allow the petitioner time to submit additional documentation required by the Zoning Ordinance. The petitioner submitted additional information on the day of publishing of this Staff Report, therefore Staff did not have adequate time to review and form a recommendation. PROPERTY DESCRIPTION The property is located in Sections 10 & 15, Township 13, Range 5, in White River Township in the rightof-way of Stones Crossing Rd. and Pennington Dr. near Center Grove High School. The property is zoned R-1 (Single-Family Residential). REQUESTS 1. Special Exception to provide for the construction of two 45-foot tall, wooden communications towers. 2. Variance of Development Standards to allow for one tower to encroach 38 feet into the right-of-way of Stones Crossing Rd. and for one tower to encroach 15 feet into the right-of-way of Pennington Dr. CASE DESCRIPTION The construction plans indicate a cellular antenna on top of each pole and associated equipment attached to the poles between four and fifteen feet from ground level. A representative from Zayo stated that the cellular nodes on the poles would offload cellular capacity from nearby towers when more users than typical need to access the network, such as during a football game at the high school. These cellular nodes would increase data speeds and decrease the amount of dropped calls. At the time of publishing of this Staff Report, the petitioner had not submitted adequate information to prove that the request meets the findings of fact for cellular communications facilities as established in the Zoning Ordinance. Specifically, the petitioner has not: 1. 2. 3. 4. 5. 6. Demonstrated that efforts have been made to obtain permission to mount the antennas on an existing building, public utility transmission structure, or communications tower rather than erecting a separate tower. Provided written approval from the FCC and FAA. Submitted proof that the facilities will not interfere with radio frequency or existing public safety communications systems. Demonstrated that the proposed height of the facilities is the minimum height necessary to function effectively. Proven that a gap exists in the company's service territory. Proven that alterative sites on private property cannot adequately service the company's service territory needs. Page 9 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT SP-2-15 / V-11-15 JOHNSON COUNTY, INDIANA APRIL 28, 2014 86 W COURT STREET FRANKLIN, IN 46131 PAGE 2 OF 4 7. Proven that locating the towers in the right-of-way is less intrusive than locating the towers on private property. 8. Requested variances from fencing, signage, and landscaping requirements. Surrounding development consists of educational facilities and single-family residences. The Zoning Ordinance of Johnson County delineates certain uses within certain areas by Special Exception because of their potential impact to neighboring properties. Potential impacts of a cellular communication facility could include, but not be limited to, safety concerns due to location near existing structures and aesthetic impacts. STAFF ANALYSIS OF FINDING OF FACTS FOR SPECIAL EXCEPTION State Requirement: The use shall be specifically identified as a special exception in this Ordinance for the zoning district in question. Staff Analysis: The Zoning Ordinance of Johnson County specifically lists, “Cellular communication facilities" as a use permitted by Special Exception in the R-1 district. State Requirement: The special exception can be served with adequate utilities, access roads, drainage and other necessary facilities. Staff Analysis: The construction plans indicate that the project shall comply all local, states, and federal codes. Building permit review and approval would include evaluation of drainage and other necessary facilities. The poles would have access from the right-of-way. State Requirement: The special exception shall not involve any element or cause any conditions that may be dangerous, injurious or noxious to any other property or persons, and shall comply with any and all design development standards for the use identified in this Ordinance. Staff Analysis: The petitioner has not provided information proving that the request meets the findings of fact for cellular communications facilities as established in the Zoning Ordinance State Requirement: The special exception shall be sited, oriented and landscaped to produce a harmonious relationship to buildings and grounds and to adjacent buildings and property. Staff Analysis: The petitioner has not proven the necessity of locating the towers in the right-of-way or that locating the towers in the right-of-way is less intrusive than locating the towers on private property State Requirement: The special exception shall produce a total visual impression and environment which is consistent with the environment of the neighborhood Staff Analysis: The petitioner has not proven the necessity of locating the towers in the right-of-way or that locating the towers in the right-of-way is less intrusive than locating the towers on private property State Requirement: The special exception shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. Staff Analysis: The petitioner has not provided any plans indicating how maintenance of the facilities will not disrupt traffic and other use of the right-of-way. Page 10 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT SP-2-15 / V-11-15 JOHNSON COUNTY, INDIANA APRIL 28, 2014 86 W COURT STREET FRANKLIN, IN 46131 PAGE 3 OF 4 State Requirement: The special exception shall preserve the purpose of this Ordinance, and shall not interfere substantially with the Comprehensive Plan. Staff Analysis: The petitioner has not provided information proving that the request meets the findings of fact for cellular communications facilities as established in the Zoning Ordinance The Comprehensive Plan classifies the future land use of this area as Suburban Residential. The facilities will improve the reliability of cellular service in the area. STAFF ANALYSIS OF FINDING OF FACTS FOR DEVELOPMENT STANDARDS VARIANCE State Requirement: The approval will not be injurious to the public health, safety, morals, and general welfare of the community. Staff Analysis: The petitioner has not proven the necessity of locating the towers in the right-ofway , that locating the towers in the right-of-way is less intrusive than locating the towers on private property, or provided any plans indicating how maintenance of the facilities will not disrupt traffic and other use of the right-of-way. State Requirement: The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. Staff Analysis: The petitioner has not proven the necessity of locating the towers in the right-ofway or that locating the towers in the right-of-way is less intrusive than locating the towers on private property. State Requirement: The strict application of the terms of the Zoning Ordinance will result in practical difficulties in the use of the property. Staff Analysis: Denial of the variance would not prohibit the use of the right-of-way for transportation or public utilities. STAFF ANALYSIS & RECOMMENDATION Staff has concluded that the proposal has the following deficiencies: 1. The petitioner has not submitted adequate information to prove that the request meets the findings of fact for cellular communications facilities as established in the Zoning Ordinance. 2. The petitioner has not proven the necessity of locating the towers in the right-of-way or that locating the towers in the right-of-way is less intrusive than locating the towers on private property. 3. The petitioner has not provided any plans indicating how maintenance of the facilities will not disrupt traffic and other use of the right-of-way. 4. Approval of this request would set a precedent of permitting private facilities in the public rightof-way. Therefore, Staff Recommends DENIAL of the Special Exception and Variances. LAND USE PETITION HISTORY Decisions relative to prior land use petitions on or in the vicinity of the subject site should not be considered legally precedential. The land use petition history, similar to this request, listed below is provided strictly for informational purposes. Page 11 DEPARTMENT OF PLANNING AND ZONING JOHNSON COUNTY, INDIANA 86 W COURT STREET FRANKLIN, IN 46131 Land Use Petition History – Subject Site STAFF REPORT SP-2-15 / V-11-15 APRIL 28, 2014 PAGE 4 OF 4 None. Land Use Petition History - Vicinity SP-3-14 / V-20-14 – 5234 W Stones Crossing Rd. (1/2 mile from subject property) Date: 2014 Description: Special Exception to allow for a cellular communications facility. Approved: Yes V-029-09– 3697 S Morgantown Rd (3/4 mile from subject property) Date: 2009 Description: Variance from multiple sign requirements, including allowing for the sign to sit in the right-of-way. Approved: No GENERAL INFORMATION Applicant: Zayo Group, Represented by Leonard Strickland 5200 E 64th St, Suite 2A Indianapolis, IN 46220 Owner: Public Right-of-Way Zoning: Land Use: Future Land Use: R-1 (Single-Family Residential) Public Right-of-Way Suburban Residential Page 12 May 11, 2014 Johnson County Board of Zoning Appeals Johnson County, IN 86 W. Court St Franklin, IN46131 Johnson County Board of Zoning Appeals, Zayo Group, an Indiana Public Utility, has prepared this document per the instructions of the Johnson County Planning and Zoning Department. The purpose of this document is to respond to specific request for the reasons Zayo is requesting a Variance be granted for the use of the Right of Way and to answer questions of what the Zayo Group project includes. Zayo Group, has been asked by the nation’s largest wireless provider, to design and build a network of communications facilities on utility poles placed in Department of Transportation established Right of Way (R/W). These facilities are called Small Cell. The purpose of the small cell is outlined in a power point deck that has been provided as part of the application package. These facilities help to manage and improve a stressed network of cell towers by completing the following; Remove dead zones or areas of dropped calls Increase the data speeds for wireless devices in a geographic region Improve the accuracy of E-911location services Help manage high volume locations Reduce demand on cell towers to so the cell towers can maximize coverage A review of the City of Greenwood and surrounding area, identified locations both in the City of Greenwood as well as the surrounding areas that are in Johnson County. One of these critical areas is Center Grove High School. This location has a very high volume of demands on the existing wireless network. More and more schools are allowing the use of personal wireless devices and also the fact that social media drives today’s young adults. Additionally, the enhanced 911 services (E911) will be greatly improved with the addition of these two locations. Zayo Group, helped develop these sites at the High School that would help school administrators, students, the public, and attendees to school functions. These small cell locations are perfectly suited to complete these objectives with no impact to the surrounding area but all of the benefits. To help facilitate the review by the Board, Zayo has prepared answers to the following questions posed by Johnson County Planning and Zoning: 1. Proposed communications facilities may be permitted in any zoning district that specifically provides for their location, but not in a Corridor Overlay District within such district. Proposed new communications towers must gain special exception approval by the Johnson County Board of Zoning Appeals. Proposed antenna additions to existing structures need not gain special exception approval; however, all other applicable requirements of this Section shall be imposed for such antenna additions: These facilities are not towers. They are an extension of the Zayo Group fiber network. Zayo as an Indiana Public Utility, and a utility registered with the Indiana Utility Regulatory Commission, has been granted access to the Public Right of Way. Zayo is utilizing the zoning process as an opportunity to discuss the technology and answer any questions. Page 13 866-364-6033 | www.zayo.com 2. Any applicant proposing a new communications tower shall demonstrate that efforts have been made to obtain permission to mount an antenna or antennae on an existing building, public utility transmission structure, or communications tower rather than erecting a separate tower. The applicant shall contact, by certified mail, all owners of potentially suitable structures within a onequarter (1/4) mile radius of the proposed site. If utilization of an existing structure is not an option, the applicant shall provide written proof to this effect which shows that one of the following situations exists: a) The proposed equipment would exceed the structural capacity of the existing building, public utility transmission or storage structure, or communications tower, and reinforcement of the existing structure cannot be accomplished. b) The proposed equipment would cause RF (Radio Frequency) interference with other existing or proposed equipment for that existing structure and the interference cannot be prevented. c) Existing buildings, public utility transmission structures, or communications towers do not have adequate space, access, or height to accommodate the proposed equipment. d) Addition of the proposed equipment would result in NIER (Non-Iodizing Electromagnetic Radiation) levels which exceed adopted Federal or State emissions standards. e) A reasonable business arrangement cannot be achieved. Zayo has a fiber attachment agreement with Duke Energy. Zayo has a small cell attachment agreement with Duke Energy Zayo has a fiber attachment agreement with JC REMC Zayo does not have a small cell attachment agreement with JC REMC o The current issue is that Duke Energy only allows the installation of the antenna on their power facilities. This is due to the weight of the additional equipment that would be added. Also Duke has outlined in their agreement with Zayo Group that the pole must be clear and able to be climbed by utility construction workers and the equipment that is being proposed does not allow for free climbing zones. o Additionally the weight (650 lbs.) would over load the utility pole that pole would need to be changed out for a larger pole. The result of using existing utility poles is that the equipment would need to then be mounted in cabinets placed on concrete pads near the utility pole. Zayo Group realizes that it’s easier to mow around a pole then to mow around a cabinet. Also the care of the pole is easier from a maintenance perspective than that of a large metal cabinet. o Due to these factors, Zayo has utilized the IURC to install Zayo owned and maintained utility poles in the right of way. o Duke Energy has also required a very expensive monthly attachment agreement to be put into place which would cause an undue hardship to Zayo Group as well as our client. o No reasonable agreement could be reached to allow the use of existing poles due to ground cabinets needing to be used and high monthly rent fees and other restrictions. 3. The applicant shall submit evidence that the facility or tower, and its method of installation, has been designed to accommodate multiple antennae, in order to allow for future co-location, and must allow future co-location arrangements. Zayo Group has provided construction drawings to the Johnson County Department of Transportation. These sites were approved. As part of the process, Zayo also obtained approval from the Center Grove High School Superintendent for the building of both facilities. Since these utility poles are owned by Zayo, Zayo would be able to collocate other carriers on the pole. Existing utility poles cannot support the weight of one carrier equipment and would hence not be able to support addition of a second carrier. Page 14 866-364-6033 | www.zayo.com 4. The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a communications facility. At any time during the calendar year that an amendment to the FCC license is issued, a copy of the amended license shall be submitted to the Johnson County Department of Planning and Zoning within thirty (30) days of issuance. Please see attached exhibits that include the license agreements from our current client awarded by the FCC and given approval to operate. Verizon Wireless currently holds multiple FCC licenses in Johnson County in order to provide multiple forms of wireless services to its current and prospective customers. WQJQ691 –WU – 700-C (LTE) – 746-757 and 776-787 MHz WQGA717 –AW – AWS-F (LTE) – 2.145-2.155 and 1.745-1.755 GHz WQGA955 –AW – AWS-B (LTE) – 2.12-2.13 and 1.72-1.73 GHz 5. Proof shall be provided that the proposed communications facility complies with safety standards and electromagnetic field limits established by the FCC. In the event that the FCC imposes more stringent standards at a later date, those standards shall apply. RF emission readings at this site in the accessible areas would be well below the applicable limits for FCC Uncontrolled/General Population and FCC Controlled/Occupational environments as outlined in 47 CFR 1.1301 through 1.1319. The sites carry appropriate RF emission signage to the public entering the site area. 6. Proof shall be provided that the communications facility has been reviewed, and has not been determined to be a hazard, by the Federal Aviation Administration (FAA). The communications tower shall meet all FAA regulations. These wireless communications sites have been designed, and will be constructed and operated in a manner that satisfies regulations and requirements of all applicable governmental agencies that have been charged with regulating tower specifications, operation, construction, and placement, including the FAA and FCC. These sites use radio equipment that, by design, will not interfere with any other communications facilities either on site or in the surrounding area. 7. Proof shall be provided that the proposed communications facility will not cause RF (Radio Frequency) interference, or any other interference, with existing public safety communications systems. If constructed, all communications facilities shall be maintained so as to prevent interference with existing public safety communications systems. RF emission readings at this site in the accessible areas would be well below the applicable limits for FCC Uncontrolled/General Population and FCC Controlled/Occupational environments as outlined in 47 CFR 1.1301 through 1.1319. The sites would carry appropriate RF emission signage to the public entering the site area. 8. The applicant shall submit evidence that the facility, tower, or antenna addition to an existing tower or structure, and its method of installation, has been designed by a civil or structural engineer registered in the State of Indiana and is certified by that engineer to be structurally sound and able to withstand wind and other loads in accordance with applicable building codes. Pending Delivery if PE stamped drawings. The poles are fully capable of supporting the required equipment with no issues. These poles are only 40’ in height and not subjected to the same wind loading issues that large macro towers are exposed to. 9. The owner of any communications facility shall be required to conduct periodic inspections of the facility to ensure structural integrity. Inspections shall be conducted by an engineer licensed by Page 15 866-364-6033 | www.zayo.com the State of Indiana. The cost of the inspection shall be borne by the tower owner. The result of the inspection shall be provided to the Department of Planning and Zoning. Such inspections shall be required as follows: a) Monopole towers - at least once every ten (10) years. b) Self-supporting towers- at least once every five (5) years. c) Guyed towers - at least once every three (3) years. These are not towers but utility poles. Zayo Group will conduct inspections of the utility poles once every three years to ensure they are free from damage and any time normal work activities occur at the site. Since these are wood poles they are treated with chemicals to ensure they are free from bugs and other forms of insects that could damage the poles. The wood poles are also inspected for damage from other sources including weathering and mammals. 10. Adequate access by means of a public street or an access easement to a public street shall be provided to facilitate periodic visits by maintenance workers. Said access drive shall be composed of an all-weather, dust proof surface. These wood utility poles are in the established right-of-way. Access to the facilities will be with ladder or bucket truck per standard procedures. Zayo is a licensed utility in the state of Indiana and follows all INDOT and local DOT procedures for access in the R/W. 11. The distance between the base of the communications tower and any property line shall at least equal the height of the tower. If the facility is erected on a leased parcel taken from a parent tract, this distance may be measured to the property line of the parent tract. In addition, self-supporting towers (not monopole towers) shall be sited no closer than one thousand (1,000) feet to any residence. An accessory structure erected in connection with the facility shall meet required setbacks for the district in which it is located. These are not towers. It is a wood, class 3, 45 foot pole in the right of way. The installation practices are exactly like those of the other wood utility poles around the proposed site. There is approximately four to five feet (5’) of pole buried in the ground per standard utility pole installation practices. All Zayo work is done by qualified contractors that also support the power utility companies. The same requirements that the power utility companies and other communications carriers follow are followed by Zayo. 12. The applicant shall demonstrate that the proposed height of the communications facility is the minimum height necessary to function effectively. The proposed over all height is no more than 43’ and no less than 41’ in height. This is well below some electric utility poles in the area. This height has been designed by RF engineers to achieve maximum coverage area. 13. For communications facilities other than those added to existing structures, enclosure by a chainlink or similar fence at least six (6) feet in height shall be required. Said fence shall have a selflatching gate to limit accessibility to the general public. Since this are not standard macro cell towers, there is no need for fences. There are no ladders attached to the utility poles so there are no climb and fall dangers by unauthorized individuals. Power boxes are locked to prevent access and all sites are fully compliant with NEC standards for electrical safety. Sites are also designed to comply with DOT placement in the R/W. Page 16 866-364-6033 | www.zayo.com 14. All guy wires and all guyed towers shall be clearly marked so as to be visible at all times. All guy wires shall be a minimum of five (5) feet from any property line. This is a free standing structure with no need for guy wires. 15. Landscaping shall be installed and maintained by the owner of any communications tower as necessary for proper screening of associated equipment storage or maintenance buildings. The Board of Zoning Appeals may determine the extent of screening during special exception approval. This is not a macro sell site and there is no need for screening. Using utility poles in the R/W all allow for the facilities to blend in with existing infrastructure already present. 16. All lighting, other than that required by the FAA, shall be shielded and reflected away from adjoining properties. These utility poles are not in FAA zones and are lower than existing power facilities in the R/W. There are no lights required for these locations. 17. The facilities which are erected to maintain a communications facility may not include offices, long-term vehicle storage, other outdoor storage, broadcast studios, or other uses that are not needed to send or receive signals, unless such facilities are permitted uses in the zoning district. As free standing and self-supporting utility poles, there is no requirement or need for any additional support facilities. 18. Approval under this Section will automatically lapse if the communications facility is not used for six (6) consecutive months. In such case, all portions of the communications facility will be removed by the party responsible for erecting the facility, or the property owner, with costs of removal to be borne by that party. These facilities will be put to use within one week of construction completion. 19. Within R-1 and R-2 districts, all wireless communications facilities must be camouflaged so as to be as harmonious as possible with the surrounding environment. The adequacy of the proposal will be evaluated in the Special Exception review process. By using wood utility poles and placing the facilities in existing R/W, the locations will blend in to the surrounding environment very quickly. There will be no ground cabinets and no obstructions blocking the view of any vehicles. Locations are selected to minimize impact. Cabinets are of a slim design that is a little wider than the pole they are attached to. Initially there is the “Hum, what’s that?” and then the sites become part of the landscape. 20. No lettering, symbols, images, trademarks, signs or advertising of any kind shall be placed on, or affixed to, any part of a tower or structure, other than as required by the Federal Aviation Administration, by Federal Communications Commission or other agency regulations, or as required to protect public health and safety The only signs placed on the structure are those required by the FCC and DOT. There is also an emergency number for First Responders in the event of an accident. There are no signs advertising either the carrier of Zayo. 21. Any applicant proposing a new communications tower shall provide a map or maps identifying the potential alternate sites for the new tower that have feasibility to serve the applicant’s service territory needs. Page 17 866-364-6033 | www.zayo.com There are no alternate areas. This is a utility pole placed in the R/W with other utility poles. These areas are selected due to customer complaints from the carrier operator or areas that see high volume use and need additional support. 22. The Board of Zoning Appeals may require the applicant proposing a new communications tower to prove any one or more of the following: a)that the applicant has a gap in its service territory; - typically a coverage map b) that the applicant has made a thorough effort to evaluate all alternative sites and that the alternatives are not feasible; and c)that the proposal is the least intrusive means of serving the applicant’s service territory gap. Additional information will be provided as needed. Many items are covered by the Telecommunications Act of 1996 and subsequent additions. In closing, Zayo Group would like to mention that there are already well over 200 of these facilities installed across Indiana. Many of them are in the Central Indiana market. The demand for wireless bandwidth is always going to be increasing. The demands on wireless carriers and companies like Zayo to support them, will continue to add jobs and bring economic benefit to local communities as the push to be a “tech city” increases. Thank you for your time. Sincerely, Leonard Strickland, Project Manager Zayo Group, LLC 317-507-0678 leonard.strickland@zayo.com Page 18 866-364-6033 | www.zayo.com Page 19 Page 20 VD BL RY CE AN CENTERBROOK TRCE MORGANTOWN RD MORGANTOWN RD PRIVATE DR STONES CROSSING RD R-1 PRIVATE DR PENNINGTON DR R-2 WA RS TE E DGE R-2 WAY SP-2-15 / V-11-15 ZAYO GROUP STONES CROSSING & PENNINGTON DR. Zoning CODE, CLASS A-1, AGRICULTURE B-1, NEIGHBORHOOD BUSINESS B-2, COMMUNITY BUSINESS BUF, BUFFER CITY, CITY LIMITS CPARK, PARK I-1, LIGHT INDUSTRIAL I-2, HEAVY INDUSTRIAL MIL, MILITARY PUD, PLANNED UNIT R-1, SINGLE FAMILY R-2, SINGLE FAMILY R-3, ONE AND TWO FAMILY R-4, MULTI-FAMILY R-5, MOBLIE HOME R-R, RURAL RESIDENTIAL SPARK, PARK STD, SPECIAL TERRAIN SURROUNDING DEVELOPMENT Page 21 STONES CROSSING RD CH HORNADAY DR W H I T E R I V E R T W P R-2 R OSTE ALDERSGATE DR TROJAN LN T LY C SP-2-15 / V-11-15 Zayo Group - Special Exception & Development Standards Variance Looking West from Proposed Location of Facility on Pennington Rd. Proposed Location of Facility on Stones Crossing Looking South from Proposed Location of Facility on Pennington Rd. Page 22 Page 23
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