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~~~~~~ <br /> <br />1.That there shall be no vehicular or pedestrian ingress or egress to or from the subject <br />property, and both Elkins Street and McErlain Street; <br />2.That there shall be a cross access easement from the subject property to neighboring <br />lots with Tax Key Numbers 24-2023-0548 and 24-2023-0548.01; <br />3.That no controlled uses are allowed on the southern 260 feet of the subject property; <br />4.That the only controlled uses that will be allowed on the rest of the site are: bar/tavern <br />and billiard hall; <br />S.That an earthen mound be constructed and maintained near and along the southern <br />boundary of the non-residential zoning area where no mound currently exists. However, <br />if the existing mound is removed, a new earthen mound shall be constructed and shaped <br />by September 1, 2009, as shown on Exhibit A. Access paths made of serviceable <br />materials with sufficient strength shall be provided as shown on Exhibit A to allow the <br />City of South Bend to perform maintenance and inspection with heavy equipment. <br />Evergreen trees with a minimum height of b feet shall be planted in a staggered pattern, <br />where achievable, on the new mound every 15 feet by November 15, 2009. Trees shall <br />be replaced with new 6 foot high trees as needed. <br />6.That no structure, building or sign exceeding 24 feet in height shall be constructed or <br />placed on the southern 150 feet of subject property. Lighting on the southern side of any <br />structure within the southern one hundred and fifty feet (150') of the subject property <br />shall be cut-off type. Example attached showing cut-off type and mound as Exhibit B. <br />All parking lot lighting will comply with dark skies recommendations and be constructed <br />so as to not allow any direct rays of light to be seen from the lens in the lighting fixture or <br />the bulb itself from any presently developed adjacent residential property on the south <br />side of McErlain Street. Lighting on the western side of any structure adjacent to Elkins <br />Street shall be of cut-off type shown on Exhibit B. <br />