Fiscal Plan for Cleveland & Lynnewood Annexation Area German Township

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• No drive-through facilities will. be permitted in the northern-most building to reduce noise pollution to the neighboring residential properties • No curbs will be permitted along Lynnewood .Avenue to reduce the visual disconnect between the e%vation of the roadway and the deve%pment site. The preceding requirements are present in the revised Fiscal Plan and the Common Council resolution that will receive second reading and public hearing on the evening of.April 28, 2008. Please know that Community and Economic Development supports this request as it is consistent with City Plan: South Bend's 20 Year Comprehensive Plan. Furthermore, the aforementioned conditions of annexation will aid in supporting harmonious land-use integration with the residential area to the north. The petitioner is aware of and has agreed to these additional conditions of annexation. Building plans and other information to satisfy requirements of state and local law must be submitted by the developer to the City as part of the development review process. Failure to comply with all the conditions may result in the City's repeal of annexation. Per the Assistant City Attorney, Aladean DeRose, please know that the Indiana Supreme Court's decision in the case of Carmel v. Southwest Clay Township (2007) gives a city broad discretion to amend a fiscal plan, up to the date the Common Council adopts the fiscal plan itself. George Adler will be presenting the Fiscal Plan on Community and Economic Development's behalf, as I will be out of-town. If you have particular questions on this annexation ahead of time please contact me at 235-5827 or~itton@southbendin.gov. cc: Mayor Steve Luecke Members, South Bend Common Council Kathy Cekanski-Farrand, Attorney for the Common Council Aladean DeRose, Assistant City Attorney Janice Talboom, Deputy City Clerk Carl Littrell, City Engineer George Adler, Community Development Steve Cooreman Mike Danch Filed n 11 CC erk's Office APR 2 3 2043 JOHN VOORDE CITY CLtSR, S0.8END, {N. What We Do Today Makes A Difference!