08/27/07 Council Meeting Minutes

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REGULAR MEETING AUGUST 27, 2007 even the closest buildings would be twice as far as what is allowed by the development. One of the other setbacks that was mentioned was the 50' setback. That 50' setback is off the centerline of Northside Blvd., which is not the 190' foot that Mr. Accoe talked about for the west property line. They were talking about from the centerline of the right- of-way which the right-of--way for Northside Blvd. he believes is 80', so that setback of 50' is off of that right-of--way. Mr. Danch stated that is what they were considering and that is what they presented to the Council this afternoon that the setback is from the centerline of the street. This does allow enough area for development for the buildings and still allow them to be away from the St. Joseph River. Councilmember Kirsits asked whether the Fire Department had reviewed the site plans for fire protection. Mr. Danch stated that what usually happens they will the site plans at the time the engineering work is taking place and obviously they will have to meet all of their requirements. Mr. Danch stated that he spoke with Councilmember Kirsits and discussed that the developers has a couple of options available to them. First is to meet the standards for fire protection for the type of development that is being done. Second is to have interior sprinkling as well, that is one of the things they will have to take a look at. Councilmember Kirsits also asked about a private fire hydrant. Mr. Danch stated that was another possibility, and thinks that could be engineered without any difficulty what so ever. Councilmember Puzzello stated that there was mention that the yards would not be conducive to children playing. She stated that there is a lot of common ground that could be used for children playing. Mr. Danch stated that that these are single-family attached homes and each of them will have their own lots. There would probably be a homeowners association that would take care of the open spaces or the common areas. That could be laid out as part of the restricted covenants that go with buying the home. Councilmember Rouse stated that this development would go back to the Area Plan Commission with the written commitments that were mentioned in Mr. Danch's presentation. Mr. Danch stated that there will be written commitments that will go with this project and they will go back to the Area Plan Commission, those will have to be in a written format, and then approved by the Plan Commission and then those commitments will run with the property. He stated that they would be doing the setback as talked about, the landscaping, the fencing, the evergreen screening, those would be the commitments that would be with the project. So even if Mr. Mihalache were to go out of this particular project, and another developer would come in, they would be held to those same commitments. Council Attorney Kathleen Cekanski-Farrand advised that amended substituted Bill No. 34-OS be sent with a favorable recommendation subject to a Final Site Plan and Written Commitments as detailed by the Petitioner on the record. Councilmember Puzzello made a motion that amended substituted Bill No. 34-OS be sent with a favorable recommendation subject to a Final Site Plan and Written Commitments as detailed by the Petitioner on the record. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes.