9835-08 Annexation and Rezoning - Northeast corner of Cleveland and Lynwood - West of 21275 Cleveland & South

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~,ll ti~~ IL-eK Written Commitments for Cooreman Rezoning at Lynnewood Avenue and Cleveland Road, South Bend, Indiana Dated: April 28, 2008 1). To align as close as possible, the Developments' North Drive with the St. Joseph County Library Lynnewood Avenue. 2). Restrict Drive openings unto Lynnewood Avenue for exiting vehicles to only be allowed to go South from Development to Cleveland Road. 3). Developer to allow access from proposed Development to future non-residential development on property adjacent to and East of Development property. 4). Each Store front in the Planned Development shall have a different fagade, in keeping with the proposed Development which is referred to as a "Lifestyle Center". 5). No Drive-thru facilities shall be permitted in the Northern-most building shown on the submitted preliminary site plan to help reduce noise pollution to the adjacent residential properties. 6). No curbs will be permitted along the Eastern pavement edge of Lynnewood Avenue to reduce the visual disconnect between the elevation of the roadway and the Development site. 7). Place a 6 ft. high Privacy fence along the common boundary between the Development property and the property presently owned by Patrick Romano which is located on Lynnewood Avenue. This is to help protect the Romano grandchildren and to prevent trash and pedestrian traffic from coming onto the Romano properly. Also the Developer is to remove all "marked trees" that were selected at an on-site meeting attended by Patrick Romano, Councilman Ann Puzello and the Developer Steve Cooreman. The selected trees were located on both the Romano property and the Development property. 8). State in the Developments' Covenants and as part of the written Commitments that any product delivery times and trash collection times are to occur between the hours of 8:00 a.m. and 5:00 p.m.. All Developments' trash bins will be 100% walled off with lockable gates. A written scheduled routine for policing the Development site and trash and papers and a standard of lawn care and parking lot care, as far as weeds and snow piles are concerned. 9). Cooreman Real Estate Group, will not lease to any "undesirable tenants", such as: Liquor Stores, Tattoo parlors, Adult Entertainment type business, Cigarette Shops or other non-family uses. 10). No "Fast-food" type Restaurants with aDrive-thru facilities shall be located at the Southwest corner of the Development along Lynnewood Avenue and Cleveland Road as shown on the preliminary site plan. A "Sit-down" Restaurant can be located at this location without aDrive- thru facility. ~i1cd [n ~Ierk'~ ®~Bce MAY - 2 2008 JOHN UDORDE CITY CLERK, S0. BEND, !N.