A portion of Parcel #L20-98-031-032-20 located on Woodbridge Park Avenue and legally described as:
PART OF THE EAST 1/2 OF SECTION 31, T.08N., R.10E., CITY OF LAPEER, LAPEER COUNTY, MICHIGAN, DESCRIBED AS:
BEGINNING AT A POINT, ON A LINE BETWEEN THE CITY OF LAPEER AND THE TOWNSHIP OF MAYFIELD, BEING DISTANT S00°35'59"E 164.05 FEET ALONG THE EAST LINE OF SAID SECTION 31, AND S89°26'11"W 922.59 FEET ALONG SAID LINE BETWEEN THE CITY OF LAPEER AND THE TOWNSHIP OF MAYFIELD FROM THE EAST 1/4 CORNER OF SAID SECTION 31; THENCE S01°09'03"E 0.24 FEET; THENCE 205.05 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 253.50 FEET, A DELTA ANGLE OF 46°20'44" AND A CHORD BEARING S24°19'25"E 199.51 FEET; THENCE 179.19 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 206.50 FEET, A DELTA ANGLE OF 49°43'02" AND A CHORD BEARING S22°38'16"E 173.62 FEET; THENCE S02°13'08"W 36.54 FEET; THENCE N87°46'45"W 66.96 FEET; THENCE S46°16'08"W 65.81 FEET; THENCE S88°50'57"W 442.38 FEET TO THE EAST LINE OF "WESTBROOKE NO. 2" SUBDIVISION, AS RECORDED IN LIBER 6, PAGES 44-45, LAPEER COUNTY RECORDS; THENCE ALONG SAID EAST LINE, N01°09'03"W 225.77 FEET; THENCE N89°47'06"E 3.50 FEET; THENCE N01°09'03"W 80.00 FEET; THENCE S89°47'06"W 3.50 FEET TO THE SAID EAST LINE OF "WESTBROOKE NO. 2" SUBDIVISION; THENCE ALONG SAID EAST LINE, N01°09'03"W 120.79 FEET TO THE SAID LINE BETWEEN CITY OF LAPEER AND THE TOWNSHIP OF MAYFIELD; THENCE ALONG SAID LINE, N89°26'11"E 417.75 FEET TO THE POINT BEGINNING. CONTAINING 4.78 ACRES OF LAND AND SUBJECT TO ANY EASEMENTS, RESTRICTIONS AND RIGHTS OF WAY OF RECORD.
[1]
Applicant to construct a variable height of four feet to six feet high undulating berm having an average width of 20 feet between the proposed parking lot and the west property line. The berm will be planted to provide a vegetated buffer between the proposed use and the single-family homes to the west. The current ordinance would require a four-foot-high berm. The site will be designed to construct the required berm as close to the proposed parking lot wherever possible in an effort to maximize saving existing healthy trees over 2.5 inches' caliper or six feet in height evergreen trees along the westerly property line.
[2]
Applicant increase the opacity of the landscaping between the proposed building and neighbors to the west by installing landscape plantings at a rate of one canopy tree, one evergreen tree, and four shrubs per 20 linear feet of buffer. The current ordinance would require the same plantings per 30 linear feet of buffer.
[3]
Applicant to increase the tree sizes for the westerly buffer zone to the following: canopy tree — 2.5 inches' caliper; evergreen tree — eight feet to 10 feet in height.
[4]
Upon successful rezoning of the subject property, the applicant will apply for site plan approval and any Zoning Board of Appeals requests (if necessary) within six months of the date of City Commission rezoning approval. If the applicant does not apply for site plan approval and/or ZBA request within six months of the date of City Commission rezoning approval, then the zoning classification of the subject property will revert back to the current zoning classification.
[5]
Within six months of the applicant's receipt of final site plan approval and all necessary permits as required for construction, the applicant shall commence construction on the first phase of the development as indicated on the attached plan. If the applicant does not commence construction of Phase 1 of the development within six months of receipt of final site plan approval and all necessary permits, then the zoning classification of the subject property will revert back to the current zoning classification.
[6]
The site will generally be developed in a manner as shown on the plans submitted.
[7]
The building height will not exceed 40 feet to the midpoint of the roof, as defined in the City ordinance.
[8]
The subject property will be split as part of the site plan approval process.
[9]
The westerly property line will include a minimum four feet to six feet undulating berm and maximized in height in areas that do not impact the existing tree line along the west property line as approved by the City Planning Commission.