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REGULAR MEETING NOVEMBER 28, 2016 Mike Danch, Danch Harrier & Associates, 1643 Commerce Drive, South Bend, IN, was also present on behalf of the petitioner. Mr. Danch stated that the two (2) alleys that are adjacent to our site on the north and west will be totally paved. That will be part of the project and part of the approval for the final site plan. That was a request from the City Engineering Department. The actual access for the Single - Family Attached Units are off the alleys. There is no direct access off Corby or Lawrence Street. Mr. Danch explained that they aim to get some variances approved, which would allow them to create Single - Family lots for each of these units. The whole point of their approach is to keep this as a Single - Family project. Mr. Danch stated that there were a few commitments given to the Council, such as a presented Exhibit A, enforceable by the City of South Bend Area Plan Commission and the Building Department, and any of the residents within three- hundred (300) feet. Mr. Danch explained that these are the bodies that deal with the land use issues that Ms. Smith previously mentioned. There are also a set of written commitments that will be between the owner and the assigned, so the written commitments run with the land instead of the owners. Anything recorded will go forever, unless changed by the Area Plan Commission, which would require a Public Hearing. The commitments with the two (2) neighborhood associations dictate the number of units that the project will have, limited to nine (9). What is also limited is the fact that these will be primary residences, so they will not be rented out. The definition of the primary residences came from the Internal Revenue Service and was approved by both of the neighborhood associations. The recorded commitments will run with and be enforceable by all the neighborhood associations. There is also a commitment that the neighborhood associations get a free look at all the records that go with the neighborhood association for the nine (9) units. They will therefore be able to tell who is buying and selling these particular units and how they are being used. They also will get the minutes of the meetings of the Home Owners' Association. Those from the public wishing to speak in favor of the bill: Bill Stenz, President of the Neighborhood Council of South Bend, Inc., 1020 East Colfax Avenue, South Bend, IN. Mr. Stenz explained that his organization was one of the neighborhood associations that initially worked with the developer a few months before. When the developers first presented preliminary drawings and site plans, the Neighborhood Council was skeptical, but, according to Mr. Stenz, what happened and how the parties worked through that initial impression is a very good example of a good developer and neighborhood relationship. Given problems with student rentals near Notre Dame in the Northeast Neighborhood, Tony Zappia suggested methods by which they could ensure that this project would be a Single- Family, owner- occupied project. Mr. Stenz stated, We're kind of excited because we know a lot of families that are looking for owner- occupied homes in the Northeast. Mr. Stenz expressed confidence in the project's compatibility with the neighborhood and stated that both the Northeast Neighborhood Council and Northeast Neighborhood Revitalization Organization fully support the project. No one from the public wished to speak in opposition of the bill. Councilmember Oliver Davis thanked all parties involved with the project for how well they worked together. Councilmember Tim Scott made a motion that Substitute Bill No. 65 -16 be sent to the full Council with a favorable recommendation. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of eight (8) ayes. 60 -16 PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY LYING WEST OF PORTAGE AVENUE, BOUNDED ON THE NORTH BY THE SOUTH RIGHT -OF -WAY LINE OF BULLA STREET AND BOUNDED ON THE SOUTH BY THE NORTH RIGHT -OF -WAY LINE OF THE FIRST