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9792-07 Rezoning Douglas Road - District 4
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9792-07 Rezoning Douglas Road - District 4
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Last modified
9/24/2009 3:37:27 PM
Creation date
10/19/2007 9:25:56 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
10/8/2007
Ord-Res Number
9792-07
Bill Number
40-07
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Petitioner Commitments for Rezoning Land on Douglas Road October 8, 2007 ~~'v <br />Hartman's Douglas Road Trust and Snelson's Douglas Road Trust ("Owners") agree that tl~~ -------- <br />following conditions be made subj ect to their rezoning petition # 40-07 submitted on June 6, 2007 <br />to the South Bend Common Council and Area Plan Commission of St. Joseph County. <br />1) Petitioners agree that there shall be no vehicular or pedestrian ingress or egress to or from <br />the Real Estate being rezoned, the "Real estate" to Elkins or McErlain Streets. <br />2) Petitioners agree that there shall be a cross access easement from their Real Estate to <br />neighboring lots #24-2023-0548 and #24-2023-054801. <br />3) Petitioner respectfully requests that the entire site be rezoned to CB Commercial Business <br />zoning in order to meet the needs of the contingent purchaser and for purposes of developing a more <br />cohesive site plan. <br />4) Petitioners agree to restrict the controlled uses, as listed in petition #40-07 "Commitment <br />Regarding Use and Development of Real Estate" and recorded on October 21, 2005, from locating <br />on the southern 260 feet of described Real Estate. <br />5) Petitioners agree to restrict the controlled uses on the remainder of the Real Estate as listed <br />in petition #40-07 "Commitment Regarding Use and Development of Real Estate" and recorded on <br />October 21, 2005, with the following exceptions which petitioner asks be allowed to be developed <br />on the site. <br />Gasoline Service Station with or without Repair <br />Fast Food/Drive Thru <br />Bar and/or Tavern <br />Retail Improvement Store <br />Billiards Hall <br />Filed In Clerk's office <br />OCT ~' ~1 2007 <br />JOHN VOORDE <br />CI'iY CLERK, S0. BEND, tl~ <br />6) Further, the Petitioners agree to construct and maintain an earthen mound on the southern <br />property line where no mound currently exists, but if existing mound is removed, then a new earth <br />mound shall be constructed and maintained 30 feet from the southern wetlands on the southern <br />property line in its place. The new mound will measure at 10 feet tall and will have a width of 30 <br />feet from the southern wetland on the southern border of the property. The top of the mount will <br />have a flat 10 foot wide portion planted with White Pine evergreen trees 6 feet in height, planted in <br />a zig zag pattern 15 feet on center. 'This mound would be installed within 90 days of the <br />commencement of construction of the first building on the site. The trees will be replaced, as. <br />necessary. <br />7) No structure, building or sign exceeding 24 feet in height shall be constructed or placed on <br />the southern 150 feet of the Real Estate. Lighting on the southern side of any structure within the <br />southern 150 feet of the Real Estate shall be of cut off type. Example attached showing cut-off type <br />and mound as Exhibit A. A11 parking lot lighting will comply with dark skys recommendations and <br />be constructed so as to not allow any direct rays of light to be seen from the lens in the lighting <br />fixture or the bulb itself from any presently developed adjacent residential property on the south side <br />of McErlain Street. Lighting on the western side of any structure adjacent to Elkins Street shall be <br />of cut off type shown on Exhibit A <br />Accepted and agreed to by Petitioners. <br />~~~ <br />
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