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REGULAR MEETING APRIL 24, 2017 <br /> buildings that are along South Bend Avenue, and also along Twyckenham Drive. We kept <br /> buildings away from the east portion. One (1) of the commitments that we have is that the very <br /> east side of our property will be used as open space, as reflected on this particular site plan. Even <br /> though it's not required by the ordinance, we will have nine (9) visitor parking spaces. Mr. <br /> Danch explained that his party has worked with residents at the Wooded Estates nearby, and that <br /> the petitioners intend to keep as many of the trees on the site as possible. The east boundary will <br />�I <br /> be fenced to help separate the property from the single-family residents on that side. There will <br /> be additional landscaping that will go around each building. The architecture of the proposed <br /> project will blend not only into that of the neighborhood overlay but that of the Wooded Estates. <br /> Mr. Danch stated that an additional set of written commitments are listed in the substitute bill <br /> which the Council has received. The first three (3) commitments are enforceable by the <br /> governmental body in charge of zoning as well as the neighborhood associations, while the last <br /> three (3) are only enforceable by the neighborhood and homeowners' associations. He stated that <br /> a project of this sort would most likely be an investment of$4,500,000 to $6,000,000. <br /> Councilmember Oliver Davis made a motion to accept Substitute Bill No. 04-17. Councilmember <br /> John Voorde seconded the motion which carried by a voice vote of seven (7) ayes. <br /> Councilmember Oliver Davis asked Mr. Danch to go into further detail regarding the written <br /> commitments and to also address worries about the project, such as that it is out-of-character for <br /> the neighborhood. <br /> Mr. Danch explained that the first set of written commitments are concerned specifically with <br /> how far the units will be set back on the property. The remaining commitments are concerned <br /> with determining who can be in the building. He explained that either the owner can occupy a <br /> unit or someone could own the place and have a student, son, daughter, or grandchild living <br /> there—there just cannot be more than two (2) unrelated persons in those buildings, reflecting the <br /> zoning code for the City of South Bend. <br /> Councilmember Davis asked, And the street issue? <br /> Mr. Danch responded that the street issue is that there is a homeowner that would have preferred <br /> to have an access point off SR 23 at the northeast corner of this project. He stated that the <br /> Indiana Department of Highways would not approve a driveway so close to a signalized <br /> intersection, and that a driveway placed at that point of the property would adversely affect an <br /> existing single-family home that is set very close to the project's property line. Addressing the <br /> heights of the proposed buildings, Mr. Danch stated that they adhered to the guidelines of the <br /> MF-1 District and did not ask for any variances. The buildings peak at three (3) stories, and the <br /> ordinance asks that for buildings of that height the setback be larger. He stated that there would <br /> only be balconies on the second floor of the buildings, not the third floor. Along with <br /> landscaping and fencing, the petitioners will be adding tall trees with larger canopies to buffer <br /> any direct view of where the balconies are to the single-family homes to the east. <br /> Councilmember Davis asked about City regulations regarding noise. <br /> Mr. Danch responded that these townhomes would be subject to the same noise ordinance as <br /> everyone else. <br /> Councilmember Davis asked Mr. Danch to discuss the nearby property that may be converted <br /> into a multi-use property. <br /> Mr. Danch responded he was doubtful that the property would be rezoned to MF-1 as that would <br /> run counter to the SF-1 properties in the area. <br /> This being the time heretofore set for the Public Hearing on the above bill, proponents and <br /> opponents were given an opportunity to be heard. <br /> Those from the public wishing to speak in favor of this bill: <br /> Stephen Hayes, 1219 White Oak Drive, South Bend, IN, stated that the neighborhood currently <br /> has a neutral attitude toward the proposed project, as it shifts away from the single-family trend <br /> of the neighborhood. Mr. Hayes stated that they were "less unhappy" with the project now than <br /> when it was first proposed, since the petitioners have worked with the neighborhood to address <br /> 4 <br />