07-28-03 Council Meeting Minutes

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REGULAR MEETING JULY 28, 2003 In regards to site lighting, lights on the north side would be specifically designed only to cast light toward the site and block light shining to the north. The properties to the west, south and east are commercial. The property across Dunn Road to the north is multi family and is referred to as the New London Lake Condominiums. Mr. Hardig informed the Council that the Area Plan staff report recommended favorably on this petition but it has been submitted without recommendation by the Area Plan Commission. The submission without recommendation was the result of input by the New London Lake members. They had questions about what would be installed on the site. They were advised that it will be a fuel dispensing station only with a booth to take cash during the day. There might be the sale of pop or oil outside but no work will be done on the premises. Mr. Hardig advised that when they were able to meet with the New London Lake Condominium individuals they were able to assure them that this was not a typical gas station repair type of facility. He and representatives of Martin's Supermarket met with the New London Lake representatives, their president, property manager and attorney. As a result of efforts to come to a satisfactory conclusion, New London Lake individuals have withdrawn their remonstrance efforts. Martin's has agreed that it will provide evergreen screening on both the north side of the Dunn Road development location and in a certain area of the New London Lake Association property which would be necessary to shield lighting if any there might be to come into three (3) or four (4) residences that are located right at the Dunn Road /Ironwood Road intersection. Additionally, Martin's has been working with the New London Lake individuals and association residents concerning water control. Martin's will continue this commitment to water control and has agreed to a commitment to help fund an engineering study to maximize water retention on the Dunn Road development site and down the hill. Martin's has agreed to police any refuse that might be found on the south side of Dunn Road on a regular basis. Martin's and Dunn Road have provided for water retention on this project. Their water retention is proposed to match or exceed the City of South Bend drainage requirements. Martin's has also agreed to certain concerns of the New London Lake residents concerning the location of the underground tanks. Although the final site engineering has not been completed, those underground tanks would not be located north of the above ground fuel pumping location. Martin's and New London Lake have agreed and want to continue the Dunn Road curb cut that is located west of the Ironwood intersection and Dunn Road. It will remain substantially where it is but could move a few feet to the west. Martin's has agreed and did not intend to use this area for any truck delivery, fuel or otherwise. Martin's has agreed to change and reposition certain existing lights located on the north side of their main building to try to reduce and control lighting on that north side. This fuel dispensing station would not be staffed before 6:00 a.m. in the morning or after 10:00 p.m. at night. Also, there are certain existing trees on Dunn Road which are seen right across the New London Lake Condominium and as the improvements are made, subject to the Council granting this approval, those trees would not be removed or destroyed and would remain. Those are located just to the west of the old radiology building. There is evergreen screening for this site north of the road. Mr. Hardig stated that another concern of the New London Lake Condominium Association