09-14-99 Council Meeting Minutes

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REGULAR MEETING SEPTEMBER 14, 1999 Council President Coleman made a motion that this bill be continued until the December 13, 1999 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 54 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3626 EAST KELLER STREET IN THE CITY OF SOUTH BEND, INDIANA Council President Coleman made a motion to hear the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioner is requesting a zone change from "A" Residential and "D" Light Industrial, "A" Height and Area to "D" Light Industrial, "A" Height and Area to allow an additional radio communications tower and expansion of existing related facilities. Mr. Byorni noted that the property currently contains a communications tower. Located to the north, east and south is vacant land and to the west are baseball diamonds. Access to the site is from Keller Street. The total site to be rezoned is thirty thousand two hundred thirty -eight (30,238) square feet of which the buildings will occupy six per cent (6 %) of the site, the parking and drives will occupy twenty -one per cent (21 %) and seventy -three per cent (73 %) of the site will remain as open space. The City Engineer noted that Keller Street is privately built and maintained and that the petitioner should work with the Little League to pay for and maintain the street. In conclusion, Mr. Byorni _ stated that based on information available prior to the public hearing, the Area Plan Commission staff recommends that this petition be sent to the Council with a favorable recommendation. Additionally, based on its Public Hearing held on August 17,1999, the Area Plan Commission sends this petition to the Council with a favorable recommendation. Ms. Jacqueline L. Horvath, Horvath Communications, Inc., 814 Marietta Street, South Bend, Indiana, made the presentation for this bill. Ms. Horvath stated that her company currently has a tower on this site and in order to accommodate three (3) to four (4) new carriers which they hope to acquire, they need new towers to handle that additional business. She noted that the towers will be below two hundred (200) feet and will be unmanned. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Council President Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Sniadecki seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Varner inquired if an agreement between the Little League and the petitioner should be a stipulation of approval of this request for rezoning. Ms. Horvath advised the Council that she has spoken to Mr. David Coker who is the owner of the property and he has asked for a contribution to the Little League to which she has agreed. BILL NO. 57 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 8, (SUBDIVISIONS), SECTION 21 -135 DEFINITIONS, OF THE SOUTH BEND MUNICIPAL CODE TO ADD A DEFINITION OF LOT OF RECORD Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, made the presentation for this bill.