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• No drive - through facilities will be permitted in the no!thern -most building to reduce noise <br />pollution to the neighboring residential properties. <br />• No I curbs will be permitted along- Lynnewood- Avenue to -reduce the visual disconnect <br />between the elevation of the roadway and the development site. <br />The preceding requirements are present in the revised Fiscal Plan and the Common Council <br />resolution that will receive second reading and public hearing on the evening of April 28, <br />2008. Please know that Community and Economic Development supports this request as it is <br />consistent with City Plan: South Bend's 20 Year Comprehensive Plan. Furthermore, the <br />aforementioned conditions of annexation will aid in supporting harmonious land -use integration with <br />the residential area to the north. <br />The petitioner is aware of and has agreed to these additional conditions of annexation. Building <br />plans and other information to satisfy requirements of state and local law must be submitted by the <br />developer to the City as part of the development review process. Failure to comply with all the <br />conditions may result in the City's repeal of annexation. <br />Per the Assistant City Attorney, Aladean DeRose, please know that the Indiana Supreme Court's <br />decision in the case of Carmel v Southwest Clay Township (2007) gives a city broad discretion to <br />amend a fiscal plan, up to the date the Common Council adopts the fiscal plan itself. <br />George Adler will be. presenting the Fiscal Plan on Community and Economic Development's behalf, <br />as I will be out of town. If you have particular questions on this annexation ahead of time please <br />contact me at 235 -5827 or jvitton(&southbendin.gov. <br />cc: Mayor Steve Luecke <br />Members, South Bend Common Council <br />Kathy Cekanski - Farrand, Attorney. for the Common Council <br />Aladean DeRose, Assistant City Attorney <br />Janice Talboom, Deputy City Clerk <br />Carl Littrell, City Engineer <br />George Adler, Community Development <br />Steve Cooreman <br />Mike Danch <br />Filed rat 1� cries ®ffice <br />APR 2 3 2005 <br />�p;�t1 VOORDE <br />cm CL so. BEND, 1% <br />What We Do Today Makes A Difference! <br />