HomeMy WebLinkAbout04-17 Zoning- Amending the Zoning Ordinance at 1248 and 1258 N. Twyckenham Drive0=0 0 " V, 04
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JLFFLRSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571
April 19, 2017
South Bend Common Council
41 Floor, County -City Building
South Bend, IN 46601
RE: Bill # 04 -17
Rezoning: APC #2810 -16 - 1248 & 1258 Twyckenham
Dear Council Members:
Filed in Clerk's Office
APR 19 2011
KAREEhMAH FOWLER
CITY CLERK, SOUTH BEND, IN
The Area Plan Commission held a public hearing on April 18, 2017 for the above reference petition. This petition
is set for public hearing before the Common Council on Monday, April 24, 2017.
Ordinance & Petition Amendments:
The following changes have been made to the above referenced petition:
Petition:
1.) The property address for 1305 White Oak was removed.
2.) The ownership changed following the transfer of the property.
3.) The variances were modified to match the revised site plan submitted.
A Copy of the revised petition is attached.
Public Hearing Summary:
There was 1 person that spoke in favor of the proposed rezoning. They noted the owner had met with the
neighborhood to address several items, however they still had concerns regarding student housing, non - residential
owners, fear that the switch to multi- family will continue south along Twyckenham, the look and feel of the
buildings, and the easement to White Oak. They indicated that they appreciated the willingness to save as many
existing trees as possible.
There was 1 person that spoke in opposition to the proposed rezoning. They expressed concerns about setting a
precedent on the south side of SR -23 and it continuing south on Twyckenham, continuing vacant multi - family
development similar to the north side, the height of the buildings adjacent to single story homes, privacy, noise,
traffic, and setback of Unit 9.
If you have any further questions, please feel free to contact me at (5 74) 235 -9571.
Sincerely,
Angela M. Smith,
Deputy Director
CC: Aladean DeRose
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W . S T J O S E P H C O U N T Y I N D I A N A .CON / A R E A P L A N
LAWRENCE P. MAGLIOZZI
EXECUTIVF DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST_ JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -Cl I Y BUILDING, SOUTH BEND, IrJJ6d i►1�: �,3
Wednesday, April 19, 2017
The Honorable Council of the City of South Bend APR 1 P ?A11
4th Floor, County -City Building KAREEMAH BOWLER
South Bend, IN 46601 CITY CLERK, SOU rH BEND, IN
RE: A proposed ordinance of Cantinas Properties LLC to zone from SF1 Single Family & Two Family District to
MF1 Urban Corridor Multifamily District, property located at 1248 and 1258 N. Twyckenham Drive, City of
South Bend - APC# 2810 -16.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Cantinas Properties LLC was legally advertised on April 6,
2017 and that the Area Plan Commission at its public hearing on April 18, 2017 took the following action:
Upon a motion by Oliver Davis, being seconded by John DeLee and unanimously carried, a proposed
ordinance of Cantinas Properties LLC to zone from SF1 Single Family & Two Family District to MF1
Urban Corridor Multifamily District, property located at 1248 and 1258 N. Twyckenham Drive, City
of South Bend, is sent to the Common Council with a FAVORABLE recommendation, subject to the
following written commitments: 1) The southern two units along Twyckenham should be setback a
minimum of 20' from the property line; and 2) A cross - access easement be provided at the east end of
the project for future access to Lot 36 of Wooded Estates Subdivision; and 3) No dwelling unit shall
be located on the south or east side of the Community Drive for the real estates parcels. Rezoning the
property to MFI Urban Corridor Multifamily District to allow for the development of single family
townhomes will provide a buffer and transition from the university related uses to the north and the
single family homes to the south. The strong urban design principles of the Northeast Neighborhood
Zoning Overlay ensure the development is appropriately integrated into the overall character of the
neighborhood.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown
in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report.
Sincerel ,
Lawrence P. Magliozzi
Attachment
CC:
Cantinas Properties LLC
Danch, Harper & Associates, Inc.
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W. S J C I N D I A N A. C O M 13 0 6 1,,,,- p l a n
Staff Report
APC # 2810 -16
Owner: Cantinas Properties LLC
Location: 1248 and 1258 N. Twyckenham Drive
Jurisdiction: City of South Bend
Public Hearing Date: 4/18/2017
Requested Action:
4/6/2017
Filed in Clerk's Office
APR 10 2011
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
The petitioner is requesting a zone change from SF 1 Single Family & Two Family District
to MF1 Urban Corridor Multifamily District and seeking 6 variances from the
development standards.
Land Uses and Zoning:
On site: On site are two single family homes.
North: To the north across S.R. 23 is a vacant lot zoned U University.
East: To the east are single family homes zoned SF 1 Single Family & Two
Family District.
South: To the south is a single family home zoned SF 1 Single Family & Two
Family District.
West: To the west across Twyckenham is a single family home zoned SF 1 Single
Family & Two Family District.
District Uses and Development Standards:
The MF1 District is established to protect, promote and maintain the development of
urban style multifamily dwellings and to provide for limited public and institutional uses
that are compatible with a multifamily residential neighborhood. The development
standards are designed to promote the establishment of. multifamily dwelling projects
(including apartment, townhouse or row house style developments); and, high density two
family dwelling developments located along a block face, in developed areas of the
community which are served by a full range of public amenities.
Site Plan Description:
The preliminary site plan includes 9 townhomes. In order to break up the massing, the
project is broken up in to 2 buildings. The building that fronts S.R.23 has 3 units. The
building that fronts Twyckenham has 6 units. In addition to the parking provided within
the attached 2 -stall garages for each unit, 9 visitor parking spaces are provided behind the
buildings. The petitioner is proposing a 6' privacy fence starting at the front building
fagade on S.R.23 and continuing along the side and rear property lines. Additional
landscaping is provided to add additional buffering to the single family homes to the east
and south.
Zoning and Land Use History And Trends:
In the late 1980's and early 1990's, several properties along S.R. 23 were converted to
office uses, with a commercial node located at the intersection of S.R. 23 and Edison.
Twyckenham has remained single family residential.
APC # 2810 -16 Page 1 of
Staff Report
4. Conservation of Property Values:
4/6/2017
With proper buffering, screening, and site design, adjacent property values should not be
adversely affected.
5. Responsible Development And Growth:
It is responsible development and growth to allow for the redevelopment of the site for
medium density residential supported by the pedestrian connection with Notre Dame.
Combined Public Hearing
This is a combined public hearing procedure, which includes a rezoning and 6 variances from
the development standards. The Commission will forward the rezoning to the Council with or
without a recommendation and either approve or deny the variances.
The petitioner is seeking the following variance(s):
1) from the requirement that the height and massing shall be no more than twice the height
and massing of the immediately abutting building to nine times the massing
2) from the requirement that all front doors and mailboxes be oriented toward and visible
from the primary street to allow for a stand -alone mailbox for all units
3) from the maximum driveway width of 12' at the front property line to a width of 20'
4) from the maximum allowed height for a decorative fence of 3' along front and side
property lines that face a primary street and 5' along the side and rear property lines to
allow a maximum 6' high solid decorative vinyl or wood fence, except within the 10' front
yard as shown
5) from the required maximum building setback of 10' to 25';
6) to be allowed to have a covered porch and balcony to encroach into the required 6'
interior yard around buildings and be allowed to be as close as 5' to a front property line as
shown
State statutes and the Zoning Ordinance require that certain standards must be met
before a variance can be approved. The standards and their justifications are as follows:
(1) The approval will not be injurious to the public health, safety, morals and general
welfare of the community;
The proposed development variances have no impact on the public health, safety, and
general welfare of the community.
(2) The use and value of the area adjacent to the property included in the variance
will not be affected in a substantially adverse manner;
With proper buffering and site design, the use and value of adjacent properties should not
be impacted. The additional setbacks along Twyckenham and the variations in the front
fagade will allow the property to better integrate in to the neighborhood and minimize the
impact on use and value of adjacent properties.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
APC # 2810 -16 Page 3 of 4
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1248 AND 1258 N. TWYCKENHAM DRIVE, COUNCILMANIC
DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Insert purpose from the petition
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly
known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same
hereby is amended in order that the zoning classification of the following described real
estate in the City of South Bend, St. Joseph County, State of Indiana:
PARCEL "A ": THAT PART OF THE NORTHEAST QUARTER OF SECTION 6,
TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH
BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS -LOTS # 37, 38,
39 AND A PART OF # LOT # 40 DESCRIBED AS: BEGINNING AT THE NORTHWEST
CORNER OF SAID LOT 40; THENCE NORTHEASTERLY ALONG THE NORTH LINE
OF SAID LOT A DISTANCE OF 168.57 FEET MORE OR LIESS TO THE
NORTHEAST CORNER OF SAID LOT; THENCE SOUTH ALONG THE EAST LINE OF
SAID LOT A DISTANCE 58 FEET MORE OR LESS; THENCE WEST A DISTANCE OF
160 FEET MORE OR LESS TO THE EAST LINE OF TWYCKENHAM DRIVE;
THENCE NORTH ALONG SAID EAST LINE 10 FEET MORE OR LESS TO THE
POINT OF BEGINNING ALL AS SHOWN IN THE PLAT OF "WOODED ESTATES" IN
PLAT BOOK # 16 ON PAGE "W -2" IN THE RECORDS OF THE ST, JOSEPH
COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.83 ACRES MORE OR
LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF
RECORD.
be and the same is hereby established as MF1 Urban Corridor Multifamily District.
SECTION II.
This ordinance is and shall be subject to commitments as provided by Chapter 21-
09.02(d) Commitments, if applicable.
SECTION III. This ordinance shall be in full force and effect from and after its passage
by the Common Council, approval by the Mayor, legal publication, and full execution of
any conditions or Commitments placed upon the approval.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock . M.
Approved and signed by me on the
o'clock . M.
I st READING
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
ynr,cFD
City Clerk
day of
.2 , at
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
Ero) JAN 2O T7
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
7
PETITION FOR ZONE MAP AMEND1,_,2NT
QU of South Bend, Indiana
I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning
ordinance as herein requested.
1) The property sought to be rezoned is located at:
Addresses) -, 1248, 1258 N. Twyckenham Drive, South Bend, Indiana 46617.
2) The property Tax Key Number(s) is /are: Enter property tax key number(s): 018 -5146 -5418, 018 -5146 -5416,
018 -5146 -5417.
3) Legal Descriptions: Enterfulllegal description: See attached.
4) Total Site Area: Enter total acres to be rezoned: 0.83 Acres.
5) Name and address of property owner(s) of the petition site:
Cantinas Properties Properties LLC
5095 Hunter Valley Lane
West Lake Village, CA 91362
Ph. No. 1- 805 -795 -4399
E -Mail Address N/A
Name and address of additional property owners, if applicable:
6) Name and address of contingent purchaser(s), if applicable:
N/A
E -Mail N/A
Name and address of additional property owners, if applicable
7) It is desired and requested that this property be rezoned:
From: SH Single Family Two Family District N/A
To: MF 1 Urban Corridor Multifamily District
Filed in Clerk's Office
FOR 11 J 2017
KAREENIAH FOWLER
CITY CLERK, SOUTH BEND, IN
F, Ji L I -
MAR 0 201
8) This rezoning is requested to allow the following use(s): Insert intended use(s): Residential Uses.
IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section):
1) List each variance being requested. See attached.
2) A statement on how each of the following standards for the granting of variances is met:
(a) The approval will not be injurious to the public health, safety, morals and general welfare of the
community: See Attached
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner; and; SeeAltacherl
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: See Attached
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please slip to next section):
1) A detailed description and puirpose of the Special Exception Use(s) being requested: MA
2) A statement on how each of the following standards for the granting of a Special Exception Use is suet:
(a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards,
convenience or general welfare:
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein:
(c) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein; and:
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan.
' In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary
Site Plan included with this petition.
CONTACT PERSON:
Narne. Danch. HarnEr & AssociaFcs, Inc:.
Address: I643 Coiwnerq'eDrive
South Bend, Indiana 4662$
5 74- 234 -41103 indan h 2,datic'hhar'ner . conI
BY SIGNING THIS PETI'T'ION, THE PETITIONERSIPROPERTY OWNERS OF THE ABOVE -
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PE'T'ITION BEFORE THE AREA PLAN COMMISSION AND CONINION COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
of all property om (s), or s}gMptune of Attorney for all property owner(s):
I _ ..� J..�... 3 I U1 1
Rea uested Variances from the MF 1 Zoniniz District/NNZO Overlay District for Parcel "A ";
1). From the requirement that the height and massing of new multi - family buildings shall be
no more than twice the massing of the immediately abutting building,
including buildings on the same lot to a maximum of nine times.
2). From the requirement that all front doors, mailboxes be oriented towards, visible from or
facing the primary street frontage for the building located at the rear of the site and allowed to
have a stand- alone mailbox for all units.
3). From the requirement that Driveways shall be no more than twelve feet (12') wide at front
property line to a maximum width of 20 feet.
4). From the minimum 25 ft. side and rear setback to 5 ft. for parking on the east property line.
5). From the maximum allowed height for a decorative fence of 3 feet along front and side property
lines that face a primary street and 5 feet along the side and rear property lines to allow a maximum
of a 6 feet high solid decorative vinyl or wood fence, except within the 10 ft. front yard as shown.
6). From the minimum 25 ft. rear yard setback to 7 ft. for a trash enclosure.
Requested Variance information:
The owners are in the process of developing the petition site to have a total of Eight (8) single - family
attached townhomes. Shown on the attached site plan on Parcel "A" it is envisioned that four (4)
townhomes would face Twyckenham Drive, three (3) townhomes would face S.R. 23 (South Bend
Avenue) with one (1) townhome located on the interior portion of the site along the eastern side of the
site. Access to the site would be off of Twyckenham Drive at the southwest corner of the property. This
point allows for the maximum vehicle stacking distance from the Twyckenham Drive and S.R. 23
intersection.
The owner's representative had discussions with the Area Plan Commission staff to review the
project and the process required for allowing the development to be approved as proposed. The City's
Community Investment Department also provided comments and suggestions on the project. Based on
those discussions it was determined that the best way to proceed with the project would be to request a
rezoning of the property shown as Parcel "A" to the "NE I" Urban Corridor Multifamily zoning
classification. This would allow for the proposed Townhomes. As part of the rezoning process for Parcel
"A ", a few variances would also be required from the "NT I" Urban Corridor Multifamily zoning
classification and the NNZO Overlay district for the project as shown. The properties located along the
S.R. 23 frontage and a portion of the frontage along Twyckenham Drive falls within the limits of the
NNZO Overlay district. The staff asked if the Petitioners would design the entire property being rezoned
to meet the development standards for the Overlay district except, where there are variances being
requested for the layout shown.
More specifically the owners are requesting variances from certain standards from the MF 1 Zoning
District and the NNZO Overlay district standards:
1). From the requirement that the height and massing of new multi - family buildings shall be no more
than twice the massing of the immediately abutting building, including buildings on the same lot to a
maximum of nine times. This request is needed due to the existing homes which are located to the
East and South of the project site. Those homes are some of the original dwellings which were built
several decades ago on smaller lots. The intent is to add new Townhomes i44the. aeighborhood=an =�
property which fronts onto two busy arterial streets.
MAR 20117
There are a variety of sizes of homes in the area from one story modest dwelling to medium sized
two story homes. The homes closest to the project site are on the small to modest size. The home to
the East faces onto White Oak Drive which leaves a smaller side building fagade facing S.R. 23. The
proposed project consists of Townhomes that can have a maximum height of 40 feet and three stories,
with common walls between the units. This type of housing based on the ordinance creates a larger
overall massing than existing detached homes on smaller lots. The ratio of massing at this project site
is unique in that the massing of the largest grouping of Townhomes is being done in relation to the
home on the corner of S.R. 23 and White Oak Drive. This home faces White Oak and only the side
fagade of this home faces S.R. 23. This creates a large massing ratio difference from the allowed 2
times to a seeming high number of 9 times. If the project was allowed to compare the massing of the
largest proposed Townhome building to the adjacent home on Twyckenham Drive, the variance
request would have been from the allowed 2 times to just 5 times. This results in a major
inconsistency due to how the adjacent homes face the public streets and the size of those homes being
used for comparison purposes. Under the City Ordinances those adjacent homes can be as large as 2-
1/2 stories and a height of 40 feet in the MF1 district, 35 ft. in the NNZO district, which would lower
the massing ratio significantly.
The proposed project will blend with the mixture of dwelling styles, sizes and architecture in
existence. The owners do not believe the approval of the proposed new Townhomes will have a
negative impact in the neighborhood as they will be placed along the two existing busy arterial
streets. This location does not lend itself to new single family home sites. The proposed Townhomes
will also help to provide some sound mitigation from the noise on the busy streets, to the existing
single family home sites located east of the project. The Petitioners do not believe approval of this
request will have a negative impact on surrounding properties.
2). From the requirement that all front doors, mailboxes be oriented towards, visible from or facing
the primary street frontage for the building located at the rear of the site and allowed to have a stand-
alone mailbox for all units.
The NNZO Ordinance requires all building front doors, mailboxes and facades to be visible to and
oriented towards the primary street frontage of the project. This requirement does not allow for the
efficient placement of buildings, parking areas or driveways on sites of varying configuration and
size. This does not allow for the postal service to provide mail service they usually require for
twnhome developments. The owners do not believe approval of this request would have a
detrimental effect on any surrounding property.
3). From the requirement that Driveways shall be no more than twelve feet (12') wide at front
property line to a maximum width of 20 feet. As this project does not have access to any public alley,
the only driveway into the site would be from Twyckenham Drive. This location was chosen as it
allows for the maximum stacking of vehicles using the intersection of S.R. 23 and Twyckenham
Drive. The Community Investment Department asked that the driveway be limited to a 20 ft. width.
The driveway needs to be at least 20 foot wide to allow for vehicles entering and exiting the project to
do so without creating traffic conflicts on Twyckenham Drive. The Petitioners do not believe
approval of this request will adverse affect on surrounding properties.
4). From the minimum 25 ft. side and rear setback to 5 ft. for parking on the east property line. The
owners would like to have a parking area for visitors. The location would be at the southeast corner of
the site. It would be screened from the adjacent properties by a proposed screening fence. The
ordinance allows for a driveway to be located in the rear yard setback but does not refer to parking
spaces. With the proposed screening , the Petitioners do not believe approval of this request will have
a detrimental effect on any surrounding properties.
I �
MAR,
J
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i
4). To be allowed to have a covered porch and balcony to encroach into the required 6 ft. interior
yard around buildings up to 6 ft. as shown. This request is allow for covered porches or balconies to
be located in the interior yards around buildings up to the 6 ft. width of the yard area. A 6 ft. width for
a porch or balcony is a reasonable width. The ordinance allows a maximum encroachment of 5 ft.
which would tend to be too narrow for use and placement of chairs. This request would still keep the
location of the front covered porch or balcony no closer to the front property line than the required 10
ft. Building Setback Line. This request would also allow for the same type of structures to be located
along the rear fagade of the shown buildings. The Petitioners do not believe approval of this request
will have a detrimental effect on any surrounding properties.
5). From the maximum allowed height for a decorative fence of 3 feet along front and side property
lines that face a primary street and 5 feet along the side and rear property lines to allow a maximum
of a 6 feet high solid decorative vinyl or wood fence, except within the 10 ft. front yard as shown.
This request from the NNZO design guidelines is due to the fact that there is a conflict between
the City zoning ordinances and the development standards in the NNZO Overlay district. The zoning
ordinance allows 6 ft. high fences, but the NNZO limits the height to 5 ft. The Petitioners would like
to have 6 ft. high screening fencing, which is the standard fence height in residential neighborhoods.
The proposed fencing would be a decorative type fence made out of vinyl or wood and placed as
shown along the north, east and south property lines. The one foot of additional height will provide a
little more screening between the proposed Townhomes and the existing single family homes to the
East and South of the project site. The Petitioners do not believe approval of this request will
adversely affect any surrounding property.
6). To be allowed to place a enclosed dumpster in the 25 ft. rear yard setback to a point no closer
than 7 ft. from the east property line as shown. The placement of the dumpster was done to make it as
accessible as possible and to still not be visible from the street. The dumpster will be in an enclosure
and will also be screened on three sides by evergreens. The Petitioners do not believe approval of this
request will have a detrimental effect on any surrounding properties.
The owners would ask the Commission members to agree that the approval of the above
requested Variances, will not be injurious to the public health, safety, morals and general welfare of
the community and the use and value of the area adjacent to the property included in the variance will
not be affected in a substantially adverse manner; and, that the strict application of the terms of this
Ordinance would result in practical difficulties in the use of the property.
MAR
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AQ\
Cantinas Properties
Cantinas properties, LLC
5095 Hunter Malley Ln.
Filed in Clerk's Office
APR 10 2017
KAREEPv"+,AH FOWLER
CITY CLERK, SOUTH BEND, IN
Westlake Village, CA 91362
Ashley Jones Penn at 805- 795 -4399 or Ashley ie i sprcape- rties,c_orn
Brian Jones at 805 -208 -5716 or briar ryes c r tinas ro,pe,....
es,com
Draft Written Commitments
1. The two southernmost dwelling units on the real estate parcels shall have a minimum front setback
of 20 feet.
2. A cross - access easement shall be provided in the case of an approved, similar multi - family
development on the adjacent lot to the east of the real estate parcels, known as 1323 White Oak
and Lot 36.
3. No dwelling unit shall be located on the south or east side of the community drive for the real estate
parcels.
4. The use of any dwelling unit as a residence shall be prohibited for undergraduate and graduate
students, except for undergraduate and graduate students related to the owner of the unit. An
undergraduate student is a person enrolled in an undergraduate program at a college or university,
and a graduate student is a person enrolled in a graduate program at a college or university. To be
related to the owner of the unit, the student must be a child or grandchild of the owner of the unit.
If only one related student is residing in the unit, the related student may have one unrelated
roommate residing in the unit for the same period the related student resides in the unit. At no time
may there be more than two students residing in a unit, unless all the students residing in the unit
are related to the owner of the unit.
5. A Home Owners Association ( "HOA ") shall be created for all dwelling units on the real estate parcels.
The organizational documents governing the HOA shall include these written commitments, and the
HOA shall enforce these written commitments. The HOA shall provide the designated representative
of the Wooded Estates neighborhood with updated contact information on at least an annual basis,
and the HOA shall make reasonable efforts to communicate with the representative of the Wooded
Estates neighborhood regarding issues affecting residents of the Wooded Estates neighborhood.
6. The HOA shall make reasonable efforts to communicate with the presidents, or a deemed
representative of the respective president, of the Wooded Estates HOA, NNRO, and NENC regarding
enforcement of the fourth written commitment.
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