06-09-03 Zoning & Annexation - Laserfiche WebLink

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Zoning and Annexation Committee June 9, 2003 Page 2 Road. Following discussion, Council Member Coleman made a motion that Bill No. 03-53 be recommended favorably to Council. The motion passed. Council Member Coleman then made a motion, seconded by Dr. Varner that Bill No. 38-03 be recommended favorably to Council. The motion passed. Council Member Kuspa then called for a presentation on 2nd Substitute Bill No. 27-03 which would amend Chapter 21 of the South Bend Municipal Code by the inclusion of a new Article 13 entitled "Regulations for Wireless Telecommunications Facilities". Jeff Myers, a planner with the Area Plan Staff, noted that the Area Plan Commission held a public hearing on this Bill on May 20, 2003, and sends the 2nd Substitute Bill to the Common Council with a favorable recommendation. Council Member Kuspa noted that this is a Council initiated Bill and that he, as the Chairperson of the Zoning and Annexation Committee, would be making the presentation this evening. It would create zoning regulations for the placement of cell towers, which are currently not subject to zoning regulations. As a result there are several neighborhoods which have cell towers right next to their homes. The Bill among other things would include a 500' restriction from residential zoned properties. Council Member King noted that at the public hearing before the Area Plan Commission, Charles Hayes spoke in favor of the Bill as amended,and was cooperative. The Council Attorney circulated a one-page handout which included language for the inclusion a new paragraph (K) to Sec. 21-195 (1) on page 11 (copy attached). She noted that she received background information on the topics of anti-terrorism devices and portable towers in emergency situations from Jeannie Mahoney, of St. Joseph County Emergency Management. As part of the Anti-Terrorism Committee which is in effect for South Bend, Mishawaka, and St. Joseph County, she then proposed language for inclusion into 2nd Substitute Bill No. 27-03. Upon questioning from Council Member King,Mr. Myers noted that John Byorni of the Area Plan staff confirmed that the language would not constitute a"major change"to the Bill, and therefore it would not have to be sent back to the Area Plan Commission for further review. The Council Attorney noted that she shared the anti-terrorism concept with Mr. Fozo and Mr. Byorni some time ago,and that neither voiced opposition. Dr. Varner inquired about the one mile provision in the overall Bill. The Council Attorney noted that state law permits such language. Following discussion, Council Member Coleman made a motion, seconded by Council Member Kelly that 2nd Substitute Bill No. 27-03 with the new amendment on anti-terrorism devices, be recommended favorably to Council. The motion passed. There being no further business to come before the Committee, Council Member Kuspa adjourned the Committee meeting at 4:33 p.m.