05-26-09 Common Council Meeting Agenda & Packet

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any replacement mounds to have a height of 10' with a setback of 30' from the wetlands, and a mound width at the top of 10' wide. The current proposal notes a mound height of 6' to 7' with no setback and no minimum width for the top of the mound; 2) The mound trees on the original commitments were noted as being 15' on center in a zig-zag pattern. No pattern is mentioned in the proposed commitments. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: Citv of South Bend -City Plan. November 2006 Objective LU 2: Encourage a compatible mix of land uses in the community. LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. • The rezoning is consistent with these policies. Land Use Plan: Cit~of South Bend -City Plan, November 2006 The Future Land Use Map identifies this general area as a Regional Commercial Node. The rezoning is consistent with the Future Land Use Map. 2. Current conditions and character: Brown Mackie College is under construction. The remainder of the site is currently vacant land. The surrounding area is a mixture of medical and professional offices uses, single family homes, and commercial. 3. Most desirable nse: The-most desirable use for this site would be commercial or office uses. 4. Conservation of property values: The surrounding residential properties values to the south and west may be affected by this rezoning if it is not properly buffered S. Responsible development and growth: It is responsible development and growth to allow the expansion of existing commercial nodes while maintaining a buffer to protect adjacent residential areas. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petifion be sent to the Common Council with a favorable recommendation subject to the following written commitments based on those recorded as part of the 2007 rezoning: 1. That there shall be no vehicular or pedestrian ingress or egress to or from the subject property, and both Elkins Street and McErlain Street; 2. That there shall be a cross access easement from the subject property to neighboring lots with Tax Key Numbers 24-2023-0548 and 24-2023-0548.01; 3. That no controlled uses are allowed on the southern 260 feet of the subject property; 4. That the only controlled uses that will be allowed on the rest of the site aze: bar/tavern and billiazd hall; 5. That an earthen mound be constructed and maintained 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 Douglas Road Partners, L.P. #2487-08 Page 2 of 2