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REGULAR MEETING MAY 10, 2010 <br /> <br /> <br /> <br /> <br />Mr. Danch advised that stated they are basically asking for a rezoning from the O Office <br />District to the PUD Planned Unit Development District. The reason why that particular <br />district was picked was because they have so many different uses that the developer <br />would like to do on the property and the best way to go was the PUD. The site is on the <br />northeast corner of Cleveland Road and Mayflower Road. He stated that this particular <br />site has been in the family probably for the last several decades and finally decided that <br />they would like to do something with this piece of property. Mr. Danch stated that the <br />owners of this property are also the owners of the property on the south side of Cleveland <br />Road that came before the Council some time ago. This plan shows a realignment of <br />Mayflower Road from Brick Road down to Cleveland Road. Where the intersection is <br />shown at Cleveland Road, it will be a light intersection. This will be a new dedicated <br />street that will have traffic from basically Portage Prairie which is going to be located <br />farther to the north. This is going to be a new entrance to that particular area. Mr. Danch <br />advised that they are going forward with everything and get a portion of Mayflower Road <br />vacated. The existing portion of Mayflower Road will be able to be accessed from this <br />new realigned portion of the site. Mr. Danch noted that there will be a retail component <br />of a commercial center, smaller individual commercial sites for retail and restaurants and <br />a larger site for single commercial user. He stated that there has been some concern <br />where they are showing the Assisted Living Facility and then to the east of that is the <br />senior cottages or villas which they thought would be the best location in that it butts up <br />against existing residential that is to the east and north. He stated that the developers of <br />this site happen to be the owners as well and are in the process right now up in Michigan <br />developing a 26 million dollar residential facility. He stated that is a similar mix of what <br />they are doing here which is an Assisted Care Facility as well as villas. He stated that <br />they have experience doing these kinds of projects. They think this is a good area for <br />doing this in and have a market for this. Mr. Danch advised that another concern was <br />that the Airport and the location of the north-south runway in relation of this particular <br />site. He stated that they have a covenant that is recorded over this entire site for noise <br />sensitive areas. That puts everyone on notice that if they go into these particular <br />locations that there can be noise from the airport. The way the covenant is done is that <br />they can’t remonstrate against the airport against any development the airport does. He <br />advised that what that does is eliminate that concern that any residential component that <br />they put in here, whether it be Assisted Living Facility or the Senior Cottages. They <br />don’t have the ability to go and remonstrate against the Airport. Everyone is on notice <br />for the location of where the noise sensitive zone is. They put the protection on the <br />property that was desired in order to allow for what they would like to do. They thought <br />it would be better to have the residential component up against the existing residential to <br />the east and to the north. It made more sense to them from that standpoint. They believe <br />that the owners of that residential area to the east would prefer to have single family <br />attached villas next to their properties than see some type of commercial development. <br />He noted that the drainage would have to meet all the standards of the City. He asked the <br />for the Council’s favorable consideration. <br /> <br />This being the time heretofore set for the Public Hearing on the above bill, proponents <br />and opponents were given an opportunity to be heard. <br /> <br />Mr. John Schalliol, Executive Director, South Bend Regional Airport, 4477 Progress <br />Drive, spoke in opposition to this bill. <br /> <br />Mr. Schalliol advised that he would like to go on record that the Airport Authority is <br />opposed to the resident aspect of this project. He stated that the noise sensitive zones are <br />mandated by the State. Mr. Schalliol stated that Mr. Danch is correct in that a covenant is <br />placed on the large parcel or any subdivided parcels eliminating the opportunity for the <br />owners of those parcels to remonstrate against those projects. It does not prevent them <br />from calling and complaining. As noted, folks living in those units may not be aware that <br />they can not call, or they may not care that they can’t call. They may be upset to the <br />point that they are going to call anyway. So it will be a situation that we will have to deal <br />with. Any new construction that is done requires a State permit. Any alterations to a <br />property located in one of these noise sensitive zones also requires that same covenant <br />placed on the property at that time and the same permit is required of the people at are <br /> 8 <br /> <br />