9772-07 Rezoning Angela Edison Napolean - District 4

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Eddy Street Commons July 16, 2007 -Kite Commitments BASED ON CONCERNS RAISED BY THE COUNCIL AND THE NEIGHBORS, KITE COMMITTS TO THE FOLLOWING: 1. The height of the building containing the ful{ service hotel and condominiums will not exceed nine stories in height. The building will contain a roof top terrace. 2. The height of the buildings along Eddy Street will not exceed four stories (65') except for the corner of Angela/Edison and Eddy Street, which will not exceed five stories (75'). The corner of Napoleon and Eddy will be four stories in maximum height. 3. Subject to the approval of the IU Medical Center, a buffer of mature trees (10' minimum height at planting) will be installed at the West property line between Eddy Street Commons and the IU Medical Center. 4. A pocket park occupying a minimum of 5,000 square feet will be located within the project. 5. All recommendations in the Troyer Group's Traffic Impact Study dated July 12, - 2007, (letter attached) have been incorporated into the site plan and will be constructed. 6. Incorporation of bike lanes along Napoleon between Eddy and SR 23, a bike path connecting Napoleon to Edison at the east edge of the project, bike racks along Eddy Street, and a bike cage in the parking garage. 7. The wooded ravine area west of the development adjacent to Eddy Street Commons wilt remain in a natural state subject to approval by the University of Notre Dame Board of Trustee's and the Department of Public works for the City of South Bend. 8. The animals living in the woods will be trapped and relocated for two weeks prior to removal of any trees. If animals relocate from the woods into the neighborhood during or after tree removal, neighbors will be provided with a contact that will come to their property, humanely trap the animal, and release them in a safe location during 60 days following removal of the trees. The cost will be covered by Kite Realty Group. 9. Buildings located in Area 1 (Mixed Use buildings along Eddy Street and garage wrap condominiums), Area 2 (hotels), Area 3 (parking garage), and Area 4 (stacked flats) will have sprinkler systems installed.