9792-07 Rezoning Douglas Road - District 4

Home Browse Search

Petitioner Commitments for Rezoning Land on Douglas Road October 8, 2007 ~~'v Hartman's Douglas Road Trust and Snelson's Douglas Road Trust ("Owners") agree that tl~~ -------- following conditions be made subj ect to their rezoning petition # 40-07 submitted on June 6, 2007 to the South Bend Common Council and Area Plan Commission of St. Joseph County. 1) Petitioners agree that there shall be no vehicular or pedestrian ingress or egress to or from the Real Estate being rezoned, the "Real estate" to Elkins or McErlain Streets. 2) Petitioners agree that there shall be a cross access easement from their Real Estate to neighboring lots #24-2023-0548 and #24-2023-054801. 3) Petitioner respectfully requests that the entire site be rezoned to CB Commercial Business zoning in order to meet the needs of the contingent purchaser and for purposes of developing a more cohesive site plan. 4) Petitioners agree to restrict the controlled uses, as listed in petition #40-07 "Commitment Regarding Use and Development of Real Estate" and recorded on October 21, 2005, from locating on the southern 260 feet of described Real Estate. 5) Petitioners agree to restrict the controlled uses on the remainder of the Real Estate as listed in petition #40-07 "Commitment Regarding Use and Development of Real Estate" and recorded on October 21, 2005, with the following exceptions which petitioner asks be allowed to be developed on the site. Gasoline Service Station with or without Repair Fast Food/Drive Thru Bar and/or Tavern Retail Improvement Store Billiards Hall Filed In Clerk's office OCT ~' ~1 2007 JOHN VOORDE CI'iY CLERK, S0. BEND, tl~ 6) Further, the Petitioners agree to construct and maintain an earthen mound on the southern property line where no mound currently exists, but if existing mound is removed, then a new earth mound shall be constructed and maintained 30 feet from the southern wetlands on the southern property line in its place. The new mound will measure at 10 feet tall and will have a width of 30 feet from the southern wetland on the southern border of the property. The top of the mount will have a flat 10 foot wide portion planted with White Pine evergreen trees 6 feet in height, planted in a zig zag pattern 15 feet on center. 'This mound would be installed within 90 days of the commencement of construction of the first building on the site. The trees will be replaced, as. necessary. 7) No structure, building or sign exceeding 24 feet in height shall be constructed or placed on the southern 150 feet of the Real Estate. Lighting on the southern side of any structure within the southern 150 feet of the Real Estate shall be of cut off type. Example attached showing cut-off type and mound as Exhibit A. A11 parking lot lighting will comply with dark skys recommendations and be constructed so as to not allow any direct rays of light to be seen from the lens in the lighting fixture or the bulb itself from any presently developed adjacent residential property on the south side of McErlain Street. Lighting on the western side of any structure adjacent to Elkins Street shall be of cut off type shown on Exhibit A Accepted and agreed to by Petitioners. ~~~