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HomeMy WebLinkAbout06-09-03 Zoning & Annexation• tommittoe Zoort Zoning nib an atintxation tommitte The June 9, 2003, meeting of the Committee was called to order by its Chairperson, Council Member Ervin Kuspa at 4:17 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Aranowski, Coleman, Kelly, Kuspa, Varner, Kirsits, Pfeifer, White and King; Building Commissioner Don Fozo, Don Inks, Jeff Myers, Patricia G. Hoffman, Ann-Carol Nash, Isabel Gonzalez, Terry Bland of the ibout j Zribun' and Council Attorney Kathleen Cekanski-Farrand. Council Member Kuspa noted that the Council received a letter dated May 28, 2003 from Lamont M. Waggoner requesting that Bill No. 25-03 be continued indefinitely(copy attached). Following discussion, Council Member Kelly made a motion, seconded by Council Member Coleman that Bill No. 25-03 be recommended to be continued indefinitely at the request of the petitioner. The motion passed. Council Member Kuspa then called for a presentation on Bill No. 03-53 which would adopt a written fiscal plan and establish a policy for the provision of services to an annexation area in German Township, commonly referred to as the "Mahler/Stidham Annexation Area". There was no one available to make the presentation. The Council Attorney suggested that the Committee delay hearing this Bill as well as Bill No. 38-03 until a presenter was available. Council Member Kuspa then called for a presentation on Bill No. 28-03 which is a proposed rezoning request for the property located at 3524 Mishawaka Avenue. 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 Bill to the Common Council with a favorable recommendation. Council Member Aranowski noted that he represents the petitioner on various financial matters and therefore would be recusing himself from participating on the Bill. Patricia G. Hoffman, one of the petitioners then made the presentation. She noted that she is an insurance agent. The zone change from `B" residential "A" height and area to "C" Commercial, "A"height and area would allow office uses for her and other agents,and would also allow a drive through claims garage. They are currently located in the Scottsdale Mall, and due to the upcoming demolition of the Mall,will need to re-locate their offices. Following discussion, Council Member Coleman made a motion, seconded by Council Member Kelly, that Bill No. 28-03 be recommended favorably to Council. The motion passed. Larry Magliozzi then joined the meeting. He noted that Bill Schalliol is serving on jury duty and therefore will be unable to make a presentation on Bill No. 03-53 or Bill No. 38-03, and that he would make the presentation instead. Mr. Magliozzi noted that this is a voluntary annexation involving 18.4 acres on the north and south sides of Cleveland Road,just west of the St. Joseph Valley Parkway. One of the properties has already been purchased by the Board of Public Works and the other is currently under contract with the Redevelopment Commission. This process is necessary for the widening of Cleveland 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. Zoning and Annexation Committee June 9, 2003 Page 3 Respectfully submitted, Council Member Ervin Kuspa, Chairperson Zoning and Annexation Committee KCF:kmf Attachments