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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, December 15, 2011
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
Roll Call
I. Approval of minutes of the regular meeting of November 10, 2011.
II. New Business
Hearing, Case 2011-18: Request for a special land use permit, per section 1301 of
Article XIII of the zoning ordinance, to allow for automobile sales in a B-4, General
Business District at 43 W Laketon Ave, by Anytime Auto.
Hearing, Case 2011-19: Staff initiated request to amend Section 1100 of Article XI
of the zoning ordinance to allow second hand merchandise stores as a principal use
permitted in B-2, Convenience and Comparison Business Districts.
Hearing, Case 2011-20: Staff-initiated request to amend Section 1101 of Article XI
of the zoning ordinance to remove second hand merchandise stores, vintage shops
and antique shops as special land uses permitted in B-2, Convenience and
Comparison Business Districts.
Case 2011-21: Request for a site plan review for a 71,232 sqft addition for the
property at 1801 E Keating, by ADAC Plastics.
Case 2011-22: Request for a site plan review for a 45,000 sqft addition for the
property at 1500 E Sherman Blvd, by Mercy Health Partners.
III. Old Business
IV. Other
V. Adjourn
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING OF THE
CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing
impaired and audio tapes of printed materials being considered at the meeting, to individuals with disabilities who want to
attend the meeting, upon twenty-four hour notice to the City of Muskegon. Individuals with disabilities requiring auxiliary
aids or services should contact the City of Muskegon by writing or calling the following:
Ann Marie Cummings, City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705
TTY/TDD: Dial 7-1-1 and request a representative to dial 231-724-6705
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
November 10, 2011
Chairman T. Michalski called the meeting to order at 4:03 p.m. and roll was taken.
MEMBERS PRESENT: T. Michalski, B. Larson, W. Parker S. Warmington, B. Turnquist,
J. Doyle, B. Mazade, L. Spataro
MEMBERS ABSENT: B. Smith, excused
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: J. Booker, 1987 Lakeshore Dr.
APPROVAL OF MINUTES
B. Turnquist pointed out that he chaired the October meeting since T. Michalski was absent.
That change was made to the October minutes.
A motion that the minutes of the regular meeting of October 13, 2011 be approved with the
above change was made B. Turnquist, supported by B. Larson and unanimously approved.
PUBLIC HEARINGS
S. Warmington was excused from the board during this case, since he was the applicant. He also
requested that B. Mazade be excused due to S. Warmington being B. Mazade’s employer,
because of his position on the City Commission.
Hearing, Case 2011-17: Request for a Special Land Use Permit, per section 2203 of Article
XXII of the Zoning Ordinance, to allow an expansion of a non-conforming structure not
exceeding 30% of the total floor area of the existing building, in a B-2, Convenience and
Comparison Business District at 1983 Lakeshore Drive, by Warmington Leasing LLC. The
subject property is located in a B-2, Convenience & Comparison Business District. The structure
on this property is considered legally non-conforming because it does not meet the 10 foot front
setback requirement. Section 2203 (Non-conforming structures) of the zoning ordinance states
that non-conforming structures may be expanded to an extent not exceeding 30% of the total
floor area of the existing building. The current building measures 1,530 square feet and is two
stories. The proposed addition measures 128 square feet (8% of the current building) and is one
story. The addition will measure 8 feet by 16 feet and will be located 1 inch off of the westerly
property line. The current building has a zero lot line. The proposed addition would be used as a
covered entrance to the building and also as a smoking area. The addition would not take away
any parking spaces, nor require the addition of any parking spaces. Notice was sent to properties
within a 300 foot radius of this parcel. The following property owners called to say that they
have no objection to the request: Bill Gibner, of 1965 Lakeshore Drive, Michael Vink of Great
Lakes Dock and Materials, which owns 1937 Lakeshore Drive and 1845 Lakeshore Drive, G.
2
Samples, owner of the Lakeside Emporium at 1930 Lakeshore Drive, and D. Ghezzi of 2013
Lakeshore Drive. J. Booker, owner of the adjacent building at 1991 Lakeshore Dr called to state
that he was opposed to the project and would attend the Planning Commission meeting.
S. Warmington stated that he wanted to install an overhang over the rear entry door to the bar,
and extend it over to cover the adjacent entrance to the upper apartment. Drawings and specs of
the proposed project were provided. He planned to use this as a smoking area for his patrons in
inclement weather. B. Turnquist asked if the area would be enclosed. S. Warmington stated that
during the winter months he would enclose about 2/3 of the area with plexiglass, otherwise it
would not be enclosed, just covered. B. Turnquist asked if the utility boxes on the outside of the
building would still be accessible. S. Warmington stated that they would. J. Booker owned the
business next door and was opposed to the request. He stated that he had two upscale apartments
above his business, and felt this would have a detrimental affect on his tenants. He stated that it
would draw more bar patrons outside, and since the proposed location was not in sight of the
bartender, there would be no supervision of the area. He was concerned that it could result in
damage to his building and litter in the parking lot. He preferred that smoking patrons use the
more visible area in front of the building. B. Turnquist asked J. Booker if he owned the building
and where his employees went to smoke. J. Booker stated that he did own the building, and his
employees smoked in the back, which was visible from the reception desk. L. Spataro asked if
anyone else in the 300-foot radius who received notice of the hearing had expressed an opinion
regarding this request. M. Franzak listed the people who had called in support of the request, as
shown in the staff report.
A motion to close the public hearing was made by B. Larson, supported by L. Spataro and
unanimously approved.
L. Spataro stated that the tavern existed here prior to Mr. Booker’s business, and that property
owners had the right to use their property as allowed by ordinance. He stated that, since the
zoning ordinance made most businesses in this block non-conforming due to the front setback, it
was reasonable to grant the variance.
A motion that the special land use permit, per section 2203 (#1) of Article XXII of the Zoning
Ordinance, to allow an expansion of a nonconforming structure not exceeding 30% at 1983
Lakeshore Drive by Warmington Leasing LLC be approved, based on compliance with the
City’s Master Land Use Plan and conditions set forth in Section 2203 of the City of Muskegon
Zoning Ordinance with the conditions that 1) The owner shall permit the zoning administrator or
other zoning staff in the premises at reasonable times to review compliance with this permit, and
2) The special land use permit shall become null and void within one year of the public hearing if
the structure has not been constructed, was made by B. Larson, supported by L. Spataro and
unanimously approved.
OLD BUSINESS
M. Franzak stated that he was still working on updates to the Zoning Ordinance.
OTHER
There being no further business, the meeting was adjourned at 4:20 p.m.
3
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
December 15, 2011
Hearing, Case 2011-18: Request for a special land use permit, per section 1301 of Article XIII
of the zoning ordinance, to allow for automobile sales in a B-4, General Business District at 43
W Laketon Ave, by Anytime Auto.
STAFF OBSERVATIONS
1. The parcel at 43 W Laketon Ave is roughly 24,393 sqft.
2. The building on this property is roughly 2,100 sqft.
3. Auto sales must be located in a B-4, General Business District and receive a Special
Use Permit from the Planning Commission.
4. The zoning of this parcel is B-4, General Business District, as are the properties to the
north, east, south and west.
5. There is adequate customer parking for this type of use.
6. The property meets the zoning requirements that states ingress and egress to the
outdoor sales are shall be at least 60 feet from any intersection of any two streets.
The curb cut on Laketon Ave is roughly 70 feet from Sanford St. The northernmost
curb cut on Sanford St is roughly 90 feet from Laketon Ave.
7. Please see the enclosed site plan.
Front of 43 W Laketon Ave Back of 43 W Laketon Ave
4
Zoning Map
Aerial Photo
5
Site Plan
6
Zoning ordinance excerpt:
ARTICLE XIII - B-4 GENERAL BUSINESS DISTRICTS
SECTION 1301: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission. A site plan shall not be
required when there is no change to buildings or existing facilities.
1. Sales space for the sale of new and used automobiles, house trailers, travel trailers, and
recreational vehicles, subject to the following.
a. Ingress and egress to the outdoor sales area shall be at least sixty (60) feet from
the intersection of any two (2) streets:
b. No major repair or major refinishing shall be done on the lot, such use of land
being only permitted in the I-1 or I-2 Industrial Districts.
DELIBERATION
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
Give due regard to the nature of all adjacent uses and structures and the consistency with the
adjacent use and development.
Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
Adequate water and sewer infrastructure exists or will be constructed to service the Special Land
Use or activity.
The proposed site plan complies with section 2330 of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
7
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the special land use permit, per Section 1301 of Article XIII of the Zoning
Ordinance, to allow sales space for the sale of automobiles in a B-4, General Business District at
43 W Laketon Ave, by Anytime Auto, be (approved/denied/tabled), based on (compliance/lack
of compliance) with the City’s Master Land Use Plan and conditions set forth in Section 2332 of
the City of Muskegon Zoning Ordinance (based on the following conditions--only if approved):
CONDITIONS
1. All signage requires a permit and must comply with the zoning ordinance.
2. The owner shall permit the zoning administrator or other zoning staff in the premises at
reasonable times to review compliance with this permit.
3. The Special Land Use permit document shall be recorded with the register of deeds prior to
establishment of the use.
4. The Special Land Use permit shall become null and void within one year of the public
hearing if the use has not been established or there is a violation of condition 1 – 3.
8
Hearing, Case 2011-19: Staff initiated request to amend Section 1100 of Article XI of the
zoning ordinance to allow second hand merchandise stores as a principal use permitted in B-2,
Convenience and Comparison Business Districts.
BACKGROUND
1. Stores selling second hand merchandise are currently only allowed as a principal use in
B-4, General Business Districts. These stores are allowed under a special use permit in
B-2, Convenience and Comparison Business Districts, but they have to be associated with
a bonafied charitable organization, such as but not limited to 501(c)3 organizations.
2. Stores selling second hand merchandise were previously allowed in B-2, Convenience
and Comparison Business Districts prior to December of 2001, when the ordinance was
amended to its current language on the subject. The feeling at that time was that there
were too many pawn shops opening up.
3. Since the amendment to the zoning ordinance, many businesses have been told that they
cannot locate in B-2 Districts because they sell some second hand merchandise. There
have also been times when staff has had to amend the zoning ordinance to allow certain
stores to locate in B-2 Districts. For instance, in 2010, the zoning ordinance was
amended to allow for “Vintage Shops” so that the furniture store Continuity could locate
on 3rd St. This would not have been necessary had second hand merchandise been
allowed in B-2 districts.
4. The zoning ordinance does not just limit B-2 districts from having a store that specializes
in all second hand merchandise, it also limits stores from selling any second hand
merchandise at all.
5. Since the amendment in 2001, many second hand stores have opened up in B-2 districts
without staff being aware. In most cases, these stores have simply gone out of business.
In other cases, the businesses have gone on to become successful additions to the
business corridor (i.e. The Brown Bag Boutique is a successful clothing store that
opened on 3rd St in 2010. They sell new and used clothing).
6. Staff feels that with the popularity of eBay, craigslist and other online merchandising
stores, new pawn shops are less likely to open than ever before.
B-2 District on 3rd St
9
Second hand store in B-2 District on Getty St.
B-2 District on Laketon Ave
10
B-2 Districts on west side of City
11
B-2 Districts on east side of City
12
Ordinance Excerpt:
Please see enclosed zoning ordinance excerpts on B-2, Convenience and Comparison Business
Districts and B-4, General Business Districts.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Section 1100 (Principle Uses Permitted) of Article XI (B-2, Convenience and
Comparison Business Districts).
11. Stores selling second hand merchandise.
DELIBERATION
I move that the proposed amendment to Section 1100 of Article XI, of the City of Muskegon
Zoning Ordinance, be recommended to the City Commission for (approval/denial).
13
Hearing, Case 2011-20: Staff-initiated request to amend Section 1101 of Article XI of the
zoning ordinance to remove second hand merchandise stores, vintage shops and antique shops as
special land uses permitted in B-2, Convenience and Comparison Business Districts.
BACKGROUND
1. This amendment would clean up the zoning ordinance langue should Case 2011-19 be
approved.
2. If Case 2011-19 is approved, then there would not be a need to allow second hand
merchandise stores, vintage shops and antique shops as special uses permitted in B-2
Convenience and Comparison Business Districts because they would already be allowed
as principal uses.
Ordinance Excerpt:
Please see enclosed zoning ordinance excerpts on B-2, Convenience and Comparison Business
Districts
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Section 1101 (Special Land Uses Permitted) of Article XI (B-2, Convenience and
Comparison Business Districts).
6. Stores selling second hand merchandise, subject to the following: [amended 12/01]
a. The site shall be located within or adjacent to an established, identifiable commercial
corridor.
b. The store will be associated with a bona fide charitable organization, such as but not
limited to, 501(c)3 organizations.
13. Antique Shops [amended 10/05]
14. Vintage Shops [amended 2/10]
DELIBERATION
I move that the proposed amendment to Section 1101 of Article XI, of the City of Muskegon
Zoning Ordinance, be recommended to the City Commission for (approval/denial).
14
Case 2011-21: Request for a site plan review for a 71,232 sqft addition for the property at 1801
E Keating, by ADAC Plastics.
BACKGROUND
Applicant: ADAC Plastics
Property Address/Location: 1801 E Keating Ave
Request: Site Plan Review
Zoning: I-2, General Industrial District
STAFF OBSERVATIONS
1. The parcel at 1801 E Keating Ave has recently been combined with the parcel directly to
the south, although the changes have not yet been reflected on the zoning map.
2. The total size of the new combined parcel is 15.02 acres.
3. The size of the current building is 200,617 sqft.
4. The proposed building addition measures 71,232 sqft.
5. The plan proposes the addition of 10 canopy trees, which will meet the landscaping
requirements.
6. There are currently 307 parking spaces on site. The plan calls for the removal of 110
spaces and the addition of 41 spaces, for a total of 238 parking spaces. There will be a
total of 523 employees, scattered over 3 shifts at this facility. The zoning ordinance
requires one space for every two employees, which would call for a total of 262 spaces.
This means that there is a shortage of 24 parking spaces. However, staff feels that there
will not be any parking issues since the employees will be scattered over three shift. 1st
shift = 215 employees, 2nd shift= 118 employees, 3rd shift= 60 employees. The site plan
also shows where an additional 58 parking spaces could be placed if needed.
7. The Fire Department requests the following conditions for approval
1. Fire flow test shall be conducted
2. Hydrants shall be installed and comply with IFC 2009 edition appendix B and C.
3. Submit building construction requirements (construction) type of building shall be
submitted to assist in how many requirements are required.
8. The Department of Public Works does not have any outstanding issues with this site plan.
9. The Engineering Department does not have any outstanding issues with this site plan.
15
Front of 1801 E Keating Ave
Back of 1801 E Keating Ave
16
Zoning Map
Aerial Map
Standards for Site Plan approval:
17
Prior to approving a site plan, the City shall require that the following standards be
satisfied:
a. Schedule of Regulations: The site plan shall comply with the requirements for height, lot
size, yard space, density and all other requirements as set forth in the district regulations.
b. Other codes and standards: To the extent necessarily shown in the site plan, it shall
comply with other applicable City codes and standards.
c. Compatibility with surrounding land use and development: All elements shall be located,
designed and organized in relation to topography, the size and configuration of the parcel,
the character of adjoining property and the type and size of the buildings. The site shall
be developed so as not to impede the normal and orderly development or improvements
of surrounding property for uses permitted in this Zoning Ordinance.
d. Preservation of natural features: The landscape shall be preserved in its natural state,
insofar as practical, by removing only those areas of vegetation or making those
alterations to the topography which are reasonably necessary to develop the site.
e. Landscaping: Landscape buffers and greenbelts shall be provided and designed in
accordance with the provisions of this Ordinance. Fences, walks, barriers and
landscaping shall be used, as appropriate, for the protection and enhancement of the
property and for the privacy of occupants and neighbors.
f. Stormwater management: Drainage design shall recognize existing natural drainage
patterns. Stormwater removal shall not adversely affect neighboring properties or the
public storm drainage system. Provisions shall be made to accommodate stormwater on-
site, using sound engineering practices.
g. Soil erosion control: Appropriate measures shall be taken to ensure compliance with
state and local soil and sedimentation control regulations.
h. Wetlands Protection: The natural retention or storage capacity of any wetland, water
body, or water course will not be substantially reduced or altered in a way which could
increase flooding or water pollution at the site or other locations.
i. Emergency Access: All site improvements and structures shall be arranged so as to
permit necessary emergency vehicle access and to comply with the locally adopted fire
code.
j. Public streets and private roads: All uses must have access to a public street or a private
road. All streets and curb cuts shall be developed in accordance with City specifications,
the Michigan Department of Transportation, and/or private road regulations of the City,
whichever applies.
k. Access Management: Streets and drives on a site shall be of a width appropriate to the
traffic volume they will carry and shall have adequate paved areas for vehicles. Traffic
mitigation techniques such as on-site parallel access lanes, rear access lanes, deceleration
18
lanes and traffic calming measures may be required. Shared curb cuts and access ways
may also be required.
l. Site Circulation and Parking: Parking areas shall meet the requirements of this
ordinance. All parking spaces and circulation patterns shall be marked. Curb stops or
curbing may be required to prevent encroachment on required setbacks and screening.
Provisions for on-site maneuvering of vehicles shall be made so as to discourage backing
and movements of trucks on abutting public streets. On site traffic control signs shall be
visible and understandable.
m. Pedestrian safety: The on-site pedestrian circulation system shall be separated as
completely and reasonably as possible from the vehicular circulation system. In order to
ensure public safety, special pedestrian measures such as sidewalks, crosswalks, and
other such facilities may be required for the development. The site circulation shall be
connected to existing or planned streets and pedestrian or bicycle pathways in the area as
appropriate.
n. Site amenities: The site plan shall provide outdoor common areas and associated
amenities for employees, customers and/or residents which may include public trash
receptacles, bike racks, seating areas, recreation areas, shade trees, bus stop turn-outs, and
similar facilities where appropriate.
o. Utility Service: The development must be adequately served by necessary public
services and shall not impose an undue burden on public services and infrastructure. All
utilities for new construction shall be placed underground. Any installations which must
remain above ground shall be compatible with those on adjacent properties.
p. Lighting: Exterior lighting shall be arranged so it is deflected away from adjacent
properties and so it does not impede the vision of traffic along adjacent streets. Flashing
or intermittent lights shall not be permitted. Design of lighting fixtures shall be
compatible with those on adjacent properties. Light poles and fixtures shall be no higher
than twenty-five (25) feet.
q. Signs: The size, location, and lighting of all permanent signs shall be consistent with the
requirements of this Ordinance.
r. Accessibility: All sites shall be designed to comply with barrier-free requirements.
s. State and Federal Mandates: The site plan shall demonstrate compliance with any state
or federal statute, regulation or ruling, whether general or site specific, which is
applicable to the property. This shall include without limitation any legally enforceable
restrictions on development or improvements which have been communicated or required
by a state or federal agency. It shall include, without limitation, requirements of laws,
regulations, rulings or agency requirements concerning environmental protection, waste
management, floodplains, soil and sedimentation, protection of ground or surface water
resources, soil conditions, and the presence of hazardous materials in or contamination of
soils, air and water pollution matters and provisions which are designed for or reasonably
related to the protection of the public health, safety or welfare. The applicant shall
demonstrate that all said statutes, regulations, rulings, or requirements have been satisfied
by its site plan and that there are no State or Federal agencies which have required, or are
19
in the process of requiring, any additional action, restriction or compliance. In the event
a property is the subject of any governmental regulatory action or requirement, or without
limitation, the property is located in the "facility" as defined by state or federal law, the
state or federal agency responsible for the applicable regulation shall be notified in
writing of the filing of the site plan and any hearing regarding the application for
approval.
RECOMMENDATION
Staff recommends approval of the site plan for the building at 1801 E Keating Ave, subject to the
conditions listed below.
DETERMINATION
The following motion is offered for consideration:
I move that the site plan for the property located at 1801 E Keating Ave for ADAC Plastics, be
(approved/denied/tabled), based on the following findings and conditions (if approved):
1. Fire flow test shall be conducted
2. Hydrants shall be installed and comply with IFC 2009 edition appendix B and C.
3. Submit building construction requirements (construction) type of building shall be
submitted to assist in how many requirements are required.
20
Case 2011-22: Request for a site plan review for a 45,000 sqft addition for the property at 1500
E Sherman Blvd, by Mercy Health Partners.
BACKGROUND
Applicant: Mercy Health Partners
Property Address/Location: 1500 E Sherman Blvd
Request: Site Plan Review
Zoning: MC – Medical Care District
STAFF OBSERVATIONS
1. The parcel at 1500 E Sherman Blvd is 35.04 acres.
2. The proposed addition is measures 45,000 sqft between two floors.
3. There are currently 144 parking spaces on this side of the building. The parking lot will
be reconfigured to add an additional 31 parking spaces. This is an adequate amount of
spaces for the building addition.
4. The Fire Department does not have any outstanding issues with this site plan
5. The Department of Public Works does not have any outstanding issues with this site plan.
6. The Engineering Department does not have any outstanding issues with this site plan.
Back of 1500 E Sherman
21
Zoning Map
Aerial Photo
22
Standards for Site Plan approval:
Prior to approving a site plan, the City shall require that the following standards be
satisfied:
a. Schedule of Regulations: The site plan shall comply with the requirements for height, lot
size, yard space, density and all other requirements as set forth in the district regulations.
b. Other codes and standards: To the extent necessarily shown in the site plan, it shall
comply with other applicable City codes and standards.
c. Compatibility with surrounding land use and development: All elements shall be located,
designed and organized in relation to topography, the size and configuration of the parcel,
the character of adjoining property and the type and size of the buildings. The site shall
be developed so as not to impede the normal and orderly development or improvements
of surrounding property for uses permitted in this Zoning Ordinance.
d. Preservation of natural features: The landscape shall be preserved in its natural state,
insofar as practical, by removing only those areas of vegetation or making those
alterations to the topography which are reasonably necessary to develop the site.
e. Landscaping: Landscape buffers and greenbelts shall be provided and designed in
accordance with the provisions of this Ordinance. Fences, walks, barriers and
landscaping shall be used, as appropriate, for the protection and enhancement of the
property and for the privacy of occupants and neighbors.
f. Stormwater management: Drainage design shall recognize existing natural drainage
patterns. Stormwater removal shall not adversely affect neighboring properties or the
public storm drainage system. Provisions shall be made to accommodate stormwater on-
site, using sound engineering practices.
g. Soil erosion control: Appropriate measures shall be taken to ensure compliance with
state and local soil and sedimentation control regulations.
h. Wetlands Protection: The natural retention or storage capacity of any wetland, water
body, or water course will not be substantially reduced or altered in a way which could
increase flooding or water pollution at the site or other locations.
i. Emergency Access: All site improvements and structures shall be arranged so as to
permit necessary emergency vehicle access and to comply with the locally adopted fire
code.
j. Public streets and private roads: All uses must have access to a public street or a private
road. All streets and curb cuts shall be developed in accordance with City specifications,
the Michigan Department of Transportation, and/or private road regulations of the City,
whichever applies.
k. Access Management: Streets and drives on a site shall be of a width appropriate to the
traffic volume they will carry and shall have adequate paved areas for vehicles. Traffic
mitigation techniques such as on-site parallel access lanes, rear access lanes, deceleration
23
lanes and traffic calming measures may be required. Shared curb cuts and access ways
may also be required.
l. Site Circulation and Parking: Parking areas shall meet the requirements of this
ordinance. All parking spaces and circulation patterns shall be marked. Curb stops or
curbing may be required to prevent encroachment on required setbacks and screening.
Provisions for on-site maneuvering of vehicles shall be made so as to discourage backing
and movements of trucks on abutting public streets. On site traffic control signs shall be
visible and understandable.
m. Pedestrian safety: The on-site pedestrian circulation system shall be separated as
completely and reasonably as possible from the vehicular circulation system. In order to
ensure public safety, special pedestrian measures such as sidewalks, crosswalks, and
other such facilities may be required for the development. The site circulation shall be
connected to existing or planned streets and pedestrian or bicycle pathways in the area as
appropriate.
n. Site amenities: The site plan shall provide outdoor common areas and associated
amenities for employees, customers and/or residents which may include public trash
receptacles, bike racks, seating areas, recreation areas, shade trees, bus stop turn-outs, and
similar facilities where appropriate.
o. Utility Service: The development must be adequately served by necessary public
services and shall not impose an undue burden on public services and infrastructure. All
utilities for new construction shall be placed underground. Any installations which must
remain above ground shall be compatible with those on adjacent properties.
p. Lighting: Exterior lighting shall be arranged so it is deflected away from adjacent
properties and so it does not impede the vision of traffic along adjacent streets. Flashing
or intermittent lights shall not be permitted. Design of lighting fixtures shall be
compatible with those on adjacent properties. Light poles and fixtures shall be no higher
than twenty-five (25) feet.
q. Signs: The size, location, and lighting of all permanent signs shall be consistent with the
requirements of this Ordinance.
r. Accessibility: All sites shall be designed to comply with barrier-free requirements.
s. State and Federal Mandates: The site plan shall demonstrate compliance with any state
or federal statute, regulation or ruling, whether general or site specific, which is
applicable to the property. This shall include without limitation any legally enforceable
restrictions on development or improvements which have been communicated or required
by a state or federal agency. It shall include, without limitation, requirements of laws,
regulations, rulings or agency requirements concerning environmental protection, waste
management, floodplains, soil and sedimentation, protection of ground or surface water
resources, soil conditions, and the presence of hazardous materials in or contamination of
soils, air and water pollution matters and provisions which are designed for or reasonably
related to the protection of the public health, safety or welfare. The applicant shall
demonstrate that all said statutes, regulations, rulings, or requirements have been satisfied
by its site plan and that there are no State or Federal agencies which have required, or are
24
in the process of requiring, any additional action, restriction or compliance. In the event
a property is the subject of any governmental regulatory action or requirement, or without
limitation, the property is located in the "facility" as defined by state or federal law, the
state or federal agency responsible for the applicable regulation shall be notified in
writing of the filing of the site plan and any hearing regarding the application for
approval.
RECOMMENDATION
Staff recommends approval of the site plan for the building at 1500 E Sherman Blvd.
DETERMINATION
The following motion is offered for consideration:
I move that the site plan for the property located at 1500 E Sherman Blvd for Mercy Health
Partners, be (approved/denied/tabled), based on the following findings and conditions (if
approved):
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