06-08-09 Common Council Meeting Agenda & Packet

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STATEMENT OF COMMITMENTS: 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 McErlam Streets. 2. Petitioners agree that there shall be a cross access easement from their Real Estate to neighboring lots #24-2023-0548 and #24-2023-0548.01. 3. Petitioner respectfully requests that the entire site be rezoned to CB Commercial Business zoning in order to meet the needs of the current owner and/or 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 to 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 6. Petitioners agree to construct and maintain an earthen mound near and along the southern boundary of the non-residential zoning azea where no mound currently exists. However, if the existing mound is removed, a new earthen mound shall be constructed and maintained in its place. All new mounds to be constructed shall be 6-7 feet tall as measured from the existing ground to the top. Evergreen trees 6 feet in height shall be planted on top of the new mound every 15 feet. The new mound shall be installed during the construction of the first building. 7. No structure, building or sign exceeding 24 feet in height shall be constructed or placed on the southern 150 feet of Real Estate. Lighting on the southern side of any structure within the southern 150 feet of Real Estate shall be cut off type. All parking lot lighting will comply with dazk skies 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 a cut off type.