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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, September 15, 2011
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
I. Roll Call
II. Approval of minutes of the regular meeting of July 14, 2011.
III. PUBLIC HEARINGS
A. Hearing, Case 2011-11: 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 R-1,
Single Family Residential District at 2251 Resort Ave, by Garth Hillebrand.
B. Hearing; Case 2011-12: Request for a Special Land Use Permit, per section 1101 of
Article XI of the Zoning Ordinance, to allow a church in a B-2, Convenience and
Comparison Business District at 431 E Laketon Ave, by Antioch Baptist Church.
C. Hearing; Case 2011-13: 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 R-1,
Single Family Residential District at 2226 Cottage Grove Ave, by Denise Schott.
D. Case 2011-14: Request for a site plan review for the property at 340 Morris Ave for a
new 11,000 square foot building, by Missing Link Group, LLC.
E. Case 2011-15: Request for a site plan review for the property at 1981 Port City Blvd for
a new 12,350 square foot building, by Fleet Engineers, Inc.
IV. OLD BUSINESS
V. NEW BUSINESS
VI. OTHER
VII. 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
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
September 15, 2011
Hearing; Case 2011-11: Request for a Special Land Use Permit, per section 2203 of Article
XXII of the Zoning Ordinance, to allow an expansion of a nonconforming structure, not
exceeding 30% of the total floor area of the existing building in a R-1, Single Family Residential
District at 2251 Resort Ave, by Garth Hillebrand.
STAFF OBSERVATIONS
1. The property at 2251 Resort Ave is located in a R-1, Single Family Residential
Zoning District.
2. Side setbacks for these districts must be at least 6 feet, measured from the drip edge.
The side setback on the north side of the lot is only setback about 4.5 feet, which
makes the structure legally nonconforming. The parcel is also considered legally
non-conforming because it does not meet the minimum 6,000 sqft lot size standards.
The parcel is roughly 5,200 sqft.
3. Section 2203 (Nonconforming structures) of the zoning ordinance states that non-
conforming structures may be changed to an extent not exceeding thirty percent
(30%) of the total floor area of the existing building.
4. The total floor area of the existing building is 728 sqft. The applicant is allowed to
request an addition of up to 218 sqft. The proposed addition is 216 sqft.
5. The proposed addition would be used as extra living space, not a porch.
6. After the addition, the building would still meet the 30 foot rear setback requirement.
The building would be 38.4 feet from the rear property line.
7. Notice was sent to properties within a 300 foot radius of this parcel. Staff has not
received any feedback on the notification.
Front of 2251 Resort Ave
Back of 2251 Resort Ave
Aerial Map
2
Site Plan
3
Zoning ordinance excerpt:
SECTION 2203: NONCONFORMING STRUCTURES
Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance
that could not be built under the terms of this Ordinance by reason of restrictions on area lot
coverage, height, yards, parking or other characteristics of the structure or its location on the lot,
such structure may be continued so along as it remains otherwise lawful, subject to the following
provisions:
1. No such structure may be enlarged or altered in a way which increases its
nonconformity, except when authorized by the Planning Commission, after Public
Hearing as required for Special Uses. The Planning Commission shall be authorized
to determine the amount of Enlargement of any building or structure, consistent with
the intent of this article. The nonconforming structure may be changed to an extent
not exceeding thirty percent (30%) of the total floor area of the existing building at
the time of enactment of the Ordinance from which this chapter is derived, or at the
time of its amendment making a structure nonconforming.
2. No nonconforming building or structure shall be moved in whole or part to any other
location unless such building or structure and the off-street parking spaces, yard and
other open spaces provided, are made to conform to all the regulations of the district
in which such building or structure is to be located.
3. Changes of tenancy, ownership or management of any existing nonconforming
structures may be made, provided that there is no change in the nature or character of
the nonconforming structure.
4. Repair and maintenance work may be performed as required to keep a nonconforming
building or structure in a sound condition.
5. In the event any nonconforming building or structure is damaged by fire, wind, civil
disobedience, or an Act Of God or the public enemy, it may be rebuilt or restored,
provided the cost of such structural alteration or structural repairs shall not exceed
seventy-five (75) percent of it’s replacement cost. The buildings or structures shall be
built in conformance with the requirement of the zoning district in which they are
located.
6. Once any nonconforming structure is removed from the property, its nonconforming
status has expired and it may not be replaced on the property.
STAFF RECOMMENDATION
The 1997 Master Plan Future Land Use Map identifies the property as “residential”. Based on
compliance with the 1997 Master Plan, staff recommends approval of the request.
4
MOTION FOR CONSIDERATION
I move 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 2251
Resort Ave, by Garth Hillenbrand, be (approved/denied/tabled), based on (compliance/lack of
compliance) with the City’s Master Land Use Plan and conditions set forth in Section 2203 of
the City of Muskegon Zoning Ordinance (based on the following conditions--only if approved):
CONDITIONS
1. The owner shall permit the zoning administrator or other zoning staff in the premises at
reasonable times to review compliance with this permit.
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.
5
Hearing; Case 2011-12: Request for a Special Land Use Permit, per section 1101 of Article XI
of the Zoning Ordinance, to allow a church in a B-2, Convenience and Comparison Business
District at 431 E Laketon Ave, by Antioch Baptist Church.
BACKGROUND
Applicant: Cynthia Banks, Antioch Baptist Church
Property Address/Location: 431 E Laketon
Zoning: B-2, Convenience and Comparison Business District
Request: Special Use Permit to allow a church
Present Land Use: Vacant, former restaurant
STAFF OBSERVATIONS
1. The property is zoned B-2, Convenience and Comparison Business District. The
properties to the east and west are also zoned B-2, Convenience and Comparison
Business District. The properties to the north and south are zone R-1, Single Family
Residential Zoning District.
2. Churches are allowed as a special use in B-2, Convenience and Comparison Business
Districts.
3. Parking standards for churches require one space for each six seats, plus one space for
every two employees. There is a parking lot in the front and back of the building. There
is enough room for over 30 parking spaces, which would be adequate for about 175 seats
and a couple of employees. The applicant has not yet stated how many seats there will
be. There is proper ingress and egress for the property.
4. According the zoning ordinance in regards to churches, the principal buildings on the site
shall be set back from abutting properties zoned for residential use not less than thirty
(30) feet. There is a 35 foot setback from the nearest residentially zoned property.
5. Notice was sent to properties within a 300 foot radius of this parcel. Margo Williams,
pastor of Our Father Church, 473 E Laketon, responded by email the following comment:
“There is another church next door to 473 E Laketon. I support churches, but placing
another church in the area is not conductive for our community. I would recommend that
it remain Convenience and Comparison Business District.”
6
Front of 431 E Laketon Ave
Back of 431 E Laketon Ave
7
Zoning Map
Aerial Map
8
Zoning ordinance excerpt:
SECTION 1101: 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 no external changes are made to the buildings or properties.
1. Automobile service stations for the sale of gasoline, oil, tires, muffler tune up, not
including major repair such as engine rebuilding, undercoating, and similar industrially
oriented activities, and subject further to the following:
a. The curb cuts for ingress and egress to a service station shall not be permitted at
such locations that will tend to create traffic hazards in the streets immediately
adjacent thereto. Entrances shall be no less than twenty-five (25) feet from a
street intersection (measured from the roadway) or from adjacent residential
property, and subject to other ordinances of the City.
b. The minimum lot area shall be ten thousand (10,000) square feet, and so arranged
that ample space is available for motor vehicles which are required to wait.
c. There shall be provided, on those sides abutting or adjacent to a residential
district, a four foot (4') completely obscuring wall or fence. The height of the
wall or fence shall be measured from the surface of the ground.
d. All lighting shall be shielded from adjacent residential districts and from abutting
streets.
e. All restroom doors shall be shielded from adjoining residential property.
2. Banks with drive-in facilities, when said drive-in facilities are incidental to the principal
function.
3. Business in the character of a drive-in restaurant, or open front store, subject to the
following:
a. A setback of at least sixty (60) feet shall be provided from the street right-of-way
line of any existing or proposed major thoroughfare.
b. Ingress and egress points shall be located at least sixty (60) feet from the
intersection of any two (2) streets
4. Churches and other facilities normally incidental thereto subject to the following
conditions:
a. The site shall be so located as to provide for ingress and egress from said site
directly onto a major or secondary thoroughfare.
9
b. The principal buildings on the site shall be set back from abutting properties
zoned for residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100 may be
allowed provided front, side, and rear yards are increased above the minimum
requirements by one (1) foot for each foot of buildings that exceeds the maximum
height allowed.
MOTION FOR CONSIDERATION
I move that the special land use permit, per Section 1101, (#4) of Article XI of the Zoning
Ordinance, to allow a church as a special use permitted in a B-2, Convenience and Comparison
Business District at 431 E Laketon Ave, by Cynthia Banks, be (approved/denied/tabled), based
on (compliance/lack of compliance) with the City’s Master Land Use Plan and conditions set
forth in 1101 of the City of Muskegon Zoning Ordinance (based on the following conditions--
only if approved):
CONDITIONS
1. The owner shall permit the zoning administrator or other zoning staff in the premises at
reasonable times to review compliance with this permit.
2. The Special Land Use permit document shall be recorded with the register of deeds.
3. The parking lot shall be striped and there shall not be more seats than allowed by the City
of Muskegon’s parking standards.
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 conditions 1 & 2.
10
Hearing; Case 2011-13: 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 R-1, Single Family Residential
District at 2226 Cottage Grove Ave, by Denise Schott.
STAFF OBSERVATIONS
1. The property at 2226 Cottage Grove Ave is located in a R-1, Single Family Residential
Zoning District. Front setbacks for these districts must be at least 15 feet. This property
has two front yards, since it is has frontage on two streets (Cottage Grove Ave, Larkin
St). There is no front setback on Larkin St, since the building is built on or near the
property line, making it a legally nonconforming structure. All other setbacks are met.
2. Section 2203 (Nonconforming structures) of the zoning ordinance states that non-
conforming structures may be changed to an extent not exceeding thirty percent (30%) of
the total floor area of the existing building.
3. The total floor area of this building is 1,200 sqft. The applicant is allowed to request an
addition of up to 360 sqft. The proposed addition is 266 sqft (22%).
4. The proposed addition would be a front porch, not additional living space.
5. The minimum front setback of 15 feet on Cottage Grove Ave would still be maintained
after the proposed addition.
6. Notice was sent to properties within a 300 foot radius of this parcel. Staff has not
received any feedback on the notification.
2226 Cottage Grove Ave
11
2226 Cottage Grove Ave from Larkin St.
12
Site Plan
13
Zoning ordinance excerpt:
SECTION 2203: NONCONFORMING STRUCTURES
Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance
that could not be built under the terms of this Ordinance by reason of restrictions on area lot
coverage, height, yards, parking or other characteristics of the structure or its location on the lot,
such structure may be continued so along as it remains otherwise lawful, subject to the following
provisions:
7. No such structure may be enlarged or altered in a way which increases its
nonconformity, except when authorized by the Planning Commission, after Public
Hearing as required for Special Uses. The Planning Commission shall be authorized
to determine the amount of Enlargement of any building or structure, consistent with
the intent of this article. The nonconforming structure may be changed to an extent
not exceeding thirty percent (30%) of the total floor area of the existing building at
the time of enactment of the Ordinance from which this chapter is derived, or at the
time of its amendment making a structure nonconforming.
8. No nonconforming building or structure shall be moved in whole or part to any other
location unless such building or structure and the off-street parking spaces, yard and
other open spaces provided, are made to conform to all the regulations of the district
in which such building or structure is to be located.
9. Changes of tenancy, ownership or management of any existing nonconforming
structures may be made, provided that there is no change in the nature or character of
the nonconforming structure.
10. Repair and maintenance work may be performed as required to keep a nonconforming
building or structure in a sound condition.
11. In the event any nonconforming building or structure is damaged by fire, wind, civil
disobedience, or an Act Of God or the public enemy, it may be rebuilt or restored,
provided the cost of such structural alteration or structural repairs shall not exceed
seventy-five (75) percent of it’s replacement cost. The buildings or structures shall be
built in conformance with the requirement of the zoning district in which they are
located.
12. Once any nonconforming structure is removed from the property, its nonconforming
status has expired and it may not be replaced on the property.
STAFF RECOMMENDATION
The 1997 Master Plan Future Land Use Map identifies the property as “residential”. Based on
compliance with the 1997 Master Plan, staff recommends approval of the request.
14
MOTION FOR CONSIDERATION
I move 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 2226
Cottage Grove Ave, by Denise Schott, be (approved/denied/tabled), based on (compliance/lack
of compliance) with the City’s Master Land Use Plan and conditions set forth in Section 2203 of
the City of Muskegon Zoning Ordinance (based on the following conditions--only if approved):
CONDITIONS
1. The owner shall permit the zoning administrator or other zoning staff in the premises at
reasonable times to review compliance with this permit.
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.
15
Case 2011-14: Request for a site plan review for the property at 340 Morris Ave for a new
11,000 square foot building, by Missing Link Group, LLC.
BACKGROUND
Applicant: Robert Dykstra, Missing Link Group, LLC
Property Address/Location: 340 Morris Ave
Request: Site Plan Review
Present Land Use: Parking lot
Zoning: B-3, Central Business District
STAFF OBSERVATIONS
1. The parcel as 340 Morris Ave was recently split from the larger parcel at 372 Morris Ave
(Morris St parking lot), owned by the Community Foundation. The new parcel is 46,800
sqft.
2. The site plan was initially review by staff and approved on 8/24/11 for a building totaling
9,985 sqft. However, the building will now be 11,000 sqft, which requires Planning
Commission approval.
3. This will be the new location of the Social Security building. It will be one story,
measuring 18’ in height.
4. The property is zoned B-3, Central Business District, as are the properties to the east,
west and south. The properties to the north are zoned B-2 Convenience and Comparison
Business District.
5. There is an easement on the west side of the property between the property owner and the
Community Foundation for ingress and egress. The ingress and egress curb cut on the
south-east corner of the lot will be replaced with new curb and gutter. New on-street
parking will be striped in its place.
6. The plan calls for 53 parking spaces. This parcel is located in the Downtown Parking
Overlay District. After the discounted parking calculations, this building would only
require less than 20 on-site parking spaces.
7. The Fire Department requests the following conditions for approval
1. Water supply fire flow calculations shall be inducted and comply with IFC 2009
Appendix B sections.
2. Key box required for fire department access.
3. Address shall be posted on front of building.
8. The Planning Department requests the following conditions for approval
a. The dumpster enclosure must be shown in more detail (material, size, etc).
9. The Department of Public Works does not have any outstanding issues with this site plan.
10. The Engineering Department does not have any outstanding issues with this site plan.
16
View of the vacant parcel facing north on Morris Ave
Aerial of 372 Morris Ave (blue) and 340 Morris Ave (red)
17
Zoning Map
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
18
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
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
19
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
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 340 Morris 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 340 Morris Ave for The Missing Link Group,
LLC, be (approved/denied/tabled), based on the following findings and conditions (if approved):
1. Water supply fire flow calculations shall be inducted and comply with IFC 2009
Appendix B sections.
2. Key box required for fire department access.
3. Address shall be posted on front of building.
4. The dumpster enclosure must be shown in more detail (material, size, etc) and
approved by the Zoning Administrator.
20
Case 2011-15: Request for a site plan review for the property at 1981 Port City Blvd for a new
12,350 square foot building, by Fleet Engineers, Inc.
BACKGROUND
Applicant: Fleet Engineers, Inc
Property Address/Location: 1981 Port City Blvd
Request: Site Plan Review
Present Land Use: Industrial
Zoning: I-2, General Industrial District
STAFF OBSERVATIONS
11. There are three buildings owned by Fleet Engineers at this facility, all of them located on
a separate parcel (1800 E Keating Ave, 1981 Port City Blvd, 1895 Port City Blvd). The
addition will be on the building at 1981 Port City Blvd, which is on the corner of Port
City Blvd and E Keating Ave.
12. The current building on this property is 33, 240 sqft and the proposed addition is 12,250
sqft. There will also be a silo built just north of the building addition. The silo pad
measures 16’ x 60’ (960 sqft).
13. There will still be adequate maneuvering space for two way traffic after the addition.
14. The Fire Department requests the following conditions for approval
1. Water supply fire flow calculations shall be conducted.
2. Gate entrance and access to building shall maintain a minimum of 24 feet.
3. Pavement shall support loaf of 76,000 lb apparatus.
The Planning Department does not have any outstanding issues with this site plan.
15. The Department of Public Works does not have any outstanding issues with this site plan.
16. The Engineering Department does not have any outstanding issues with this site plan.
21
View from parking lot looking south. Location of addition.
View from Port City Blvd looking east.
22
View from E Keating Ave looking north.
Zoning Map
23
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
24
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
in the process of requiring, any additional action, restriction or compliance. In the event
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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 property at 1981 Prot City Blvd, 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 1981 Port City Blvd for Fleet Engineers, Inc.,
be (approved/denied/tabled), based on the following findings and conditions (if approved):
1. Water supply fire flow calculations shall be conducted.
2. Gate entrance and access to building shall maintain a minimum of 24 feet.
3. Pavement shall support loaf of 76,000 lb apparatus.
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