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Elkhart approves right-of-way permit for downtown storefront; developer to maintain planter
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Summary
The Board authorized a revocable right-of-way permit and operation and maintenance agreement with Rooted and Downtown LLC for 107 Franklin Street after correcting the applicant name; the developer will maintain a decorative planter installed to address curb/sidewalk ADA issues.
The Elkhart Board of Public Works voted Oct. 1 to accept a revocable right-of-way permit application and authorize the board president to execute an operation and maintenance agreement with Rooted and Downtown LLC for 107 Franklin Street.
Staff explained the sidewalk outside the building had been rebuilt to meet ADA cross-slope requirements, which created a level area near the front door followed by a slope. To address the change in grade and to keep the sidewalk in compliance, staff and the developer agreed to install a W-shaped planter in the area directly in front of the entrance. The developer will assume responsibility for planting, watering and keeping a small drain clear so that water will flow into the planter rather than pool on the sidewalk.
Jeff (staff) told the board the property was purchased from Patrick Industries and that the planter approach was a negotiated solution to avoid noncompliant cross slopes. He said Rooted and Downtown LLC "gladly agreed" to take full responsibility for maintenance.
Board members approved an amendment correcting the original applicant name in the motion (from Emerald Chase Land Development LLC to Rooted and Downtown LLC) and then approved the amended motion by voice vote. The operation and maintenance agreement was authorized to be executed on behalf of the city.
