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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, May 14, 2009
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 April 16, 2009.
III. OLD BUSINESS
A. Hearing; Case 2008-23: Staff-initiated request to rezone the property located at
1221 W. Laketon Avenue from RM-2, Medium Density Multiple Family
Residential District to R, One Family Residential District – Tabled from the
September 2008 meeting and January 2009 meeting.
IV. PUBLIC HEARINGS
A. None
V. NEW BUSINESS
A. Case 2009-05: Request for Site Plan Review for the property located at 1903
Marquette Avenue, for a “Welcome Center” addition at Baker College, by David
Mayville, BMA Architects.
VI. OTHER
VII. Adjourn
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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 Becker, City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
May 14, 2009
OLD BUSINESS
Hearing; Case 2008-23: Staff initiated request to rezone the property located at 1221 W.
Laketon Avenue from RM-2, Medium Density Multiple Family Residential District to R, One
Family Residential District.
Applicant: Planning Staff
Property Address/Location: 1221 W. Laketon Avenue
Request: Rezone from RM-2, Medium Density Multiple Family
Residential District to R, One Family Residential District
Present Land Use: Women’s Residential Shelter
Zoning: RM-2, Medium Density Multiple Family Residential
STAFF OBSERVATIONS
1. The property is a 5.63 acre parcel that presently contains a building owned and occupied
by Every Woman’s Place.
2. This property was rezoned in September 2007 at the request of Every Woman’s Place
from R-1 to RM-2. Their plans were for a multi-bed expansion to the present facility.
However, it appears that any expansion plans have stalled, and at the request of some
City Commissioners, this rezoning request is now before you.
3. Every Woman’s Place submitted an application to Planning Commission for Site Plan
Review in September 2007, but it was tabled because the site plan was not ready, and was
then eventually withdrawn.
4. If rezoned to R-1, the agency would be able to continue in its present state as a legal non-
conforming use. Any expansion would only be allowed up to 25%, and only with the
permission of the Planning Commission.
5. The properties to the north, south and east are zoned, R-1 and the property to the west is
zoned OSC, Open Space Conservation.
6. The Future Land Use Map shows this property (Sub-Area 6) as “Public/Quasi-Public”.
The Master Plan also states: “It is the goal of the Master Plan to retain the mixed-use
character of Sub-Area 6 and to demonstrate how varying land uses may co-exist, as well
as compliment each other.”
7. Staff has had no comments regarding this request.
8. This request was tabled at the September 2008 meeting and at the January 2009
meeting. Every Woman’s Place obtained Site Plan Review approval from Planning
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Commission at the April 16, 2009 meeting and are moving forward with their plans.
Every Woman’s Place building. Portion of property vacant to the west.
3
ORDINANCE EXCERPTS
ARTICLE VIII - RM-2 MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL
DISTRICTS
PREAMBLE
The RM-2 Medium Density Multiple Family Residential Districts are intended to be selectively
planned at locations in the City so as to provide transition between nonresidential areas and One
and Two Family Residential Districts, and between nonresidential areas and the RM-1 Low
Density Multiple Family Residential.
SECTION 800: PRINCIPAL USES PERMITTED
In a RM-2 Medium Density Multiple Family Residential District no building shall be erected,
structurally altered, or occupied except for one (1) or more of the following specified uses,
unless otherwise provided for in this Ordinance:
1. All Principal Uses Permitted in the R One Family Residential Districts, RT Two Family
Residential Districts, and RM-1 Low Density Multiple Family Residential Districts,
subject to the applicable regulations of this District.
2. Accessory uses and accessory buildings customarily incidental to the above Principal
Uses Permitted.
3. Adult Foster Care Large Group Homes. [amended 11/02]
4. Uses similar to the above Principal Uses Permitted.
SECTION 801: SPECIAL LAND USES PERMITTED [amended 2/02] [amended 2/03]
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:
1. All Section 601 and 701 Special Land Uses Permitted in the RT Two Family Residential
Districts and RM-1 Low Density Multiple Family Residential Districts, subject to the
applicable regulations of this District.
2. Adult Foster Care Congregate Facilities, provided that such facility shall be at least one
thousand five hundred (1,500) feet from any other similar facility. [amended 11/02]
3. Previously existing or established commercial uses not already converted to a residential
use may be authorized under Special Use Permit for the following [amended 12/99]:
a. Retail and/or service establishments meeting the intent of the neighborhood
Limited Business Zone (B-1) dealing directly with consumers including:
4
1) Any generally recognized retail business which supplies new commodities
on the premises for persons residing in adjacent residential areas such as:
groceries, meats, dairy products, baked goods or other foods, drugs,
drygoods, and notions or hardware.
2) Any personal service establishment which performs services on the
premises for persons residing in adjacent residential areas, such as: shoe
repair, drop-off dry cleaning shops, tailor shops, beauty parlors, barber
shops, dressmaker, tailor, pharmacist, or an establishment doing radio,
television, or home appliance repair, and similar establishments that
require a retail character no more objectionable than the aforementioned,
subject to the provision that no more than five (5) persons shall be
employed at any time in the sale, repair, or other processing of goods.
3) Professional offices of doctors, lawyers, dentists, chiropractors,
osteopaths, architects, engineers, accountants, and similar or allied
professions.
4) Restaurants, or other places serving food, except drive-in or drive-through
restaurants.
b. Prohibited uses: Activities specifically prohibited include repair or service of
motor vehicles and other large equipment; manufacturing processes which would
normally require industrial zoning; any activity which may become a nuisance
due to noise, unsightliness or odor; and any activity which may adversely affect
surrounding property.
c. Conditions: [amended 8/04]
1) Outdoor storage is prohibited.
2) The area devoted to approved uses shall not exceed 2,500 square feet.
3) All goods produced on the premises shall be sold at retail on the premises
where produced.
4) All business, servicing, or processing shall be conducted within a
completely enclosed building, or in an area specifically approved by the
Planning Commission.
5) Parking shall be accommodated on site or with limited street parking.
6) Hours of operation may be limited by the Planning Commission.
7) Signs must comply with those set forth for the residential zoning district.
8) The Planning Commission may allow a use to sell alcohol, however the
Commission may limit the type of license applied for or obtained for the
5
sale of alcohol to an SDM, hours of operation, and any other restrictions
intended to stabilize, protect, and encourage the residential character of the
area. The use must gain approval from the Michigan Liquor Control
Commission before alcohol can be or sold.
4. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.
5. Uses similar to the above Special Land Uses Permitted.
SECTION 802: PLANNED UNIT DEVELOPMENT [amended 10/98]
Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the RM-2 Medium
Density Multiple Family Residential District is to allow mixed land uses, which are compatible
to each other, while prohibiting nonresidential uses which would not be compatible or
harmonious with residential dwellings.
SECTION 803: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 14,520 sq. feet.
2. Density (see definition in Article II): 24 dwelling units per buildable acre.
3. Dedicated open space requirement: 15%
4. Maximum lot coverage:
Buildings: 70%
Pavement: 20%
5. Lot width: 125 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
6. Maximum building width: 50% (as a portion of the lot width).
7. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.
8. Height limit: 4 stories or 60 feet.
Height measurement: In the case of a principal building, the vertical distance measured
from the average finished grade to the highest point of the roof surface where the
building line abuts the front yard, except as follows: to the deck line of mansard roofs,
and the average height between eaves and the ridge of gable, hip, and gambrel roofs (see
Figure 2-2). If the ground is not entirely level, the grade shall be determined by
averaging the elevation of the ground for each face of the building (see Figure 2-3).
1. Front Setbacks: [amended 1/05]
6
9.
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Street: 25 feet
Minor Street: 20 feet
10. Rear setback: 30 feet
11. Setback from the ordinary high water mark or wetland: 50 feet (principal structures
only).
12. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
3-story: 12 feet and 16 feet
4-story: 16 feet and 20 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-
way line to the nearest point of the determined drip line of buildings. [amended 10/02]
13. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side lot line provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line development under the
building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and
recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
14. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
line is employed for a structure or fire access. At least fifty percent of all required front
setbacks shall be landscaped and adjacent to the road right-of-way. An average minimum
greenbelt of 10 feet shall be maintained along each street frontage. [amended 12/01,
amended 10/02]
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ARTICLE VIII - RM-2 MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
The RM-2 Medium Density Multiple Family Residential Districts are intended to be selectively
planned at locations in the City so as to provide transition between nonresidential areas and One
and Two Family Residential Districts, and between nonresidential areas and the RM-1 Low
Density Multiple Family Residential.
SECTION 800: PRINCIPAL USES PERMITTED
In a RM-2 Medium Density Multiple Family Residential District no building shall be erected,
structurally altered, or occupied except for one (1) or more of the following specified uses,
unless otherwise provided for in this Ordinance:
1. All Principal Uses Permitted in the R One Family Residential Districts, RT Two Family
Residential Districts, and RM-1 Low Density Multiple Family Residential Districts,
subject to the applicable regulations of this District.
2. Accessory uses and accessory buildings customarily incidental to the above Principal
Uses Permitted.
3. Adult Foster Care Large Group Homes. [amended 11/02]
4. Uses similar to the above Principal Uses Permitted.
SECTION 801: SPECIAL LAND USES PERMITTED [amended 2/02] [amended 2/03]
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:
1. All Section 601 and 701 Special Land Uses Permitted in the RT Two Family Residential
Districts and RM-1 Low Density Multiple Family Residential Districts, subject to the
applicable regulations of this District.
2. Adult Foster Care Congregate Facilities, provided that such facility shall be at least one
thousand five hundred (1,500) feet from any other similar facility. [amended 11/02]
3. Previously existing or established commercial uses not already converted to a residential
use may be authorized under Special Use Permit for the following [amended 12/99]:
a. Retail and/or service establishments meeting the intent of the neighborhood
Limited Business Zone (B-1) dealing directly with consumers including:
8
1) Any generally recognized retail business which supplies new commodities
on the premises for persons residing in adjacent residential areas such as:
groceries, meats, dairy products, baked goods or other foods, drugs,
drygoods, and notions or hardware.
2) Any personal service establishment which performs services on the
premises for persons residing in adjacent residential areas, such as: shoe
repair, drop-off dry cleaning shops, tailor shops, beauty parlors, barber
shops, dressmaker, tailor, pharmacist, or an establishment doing radio,
television, or home appliance repair, and similar establishments that
require a retail character no more objectionable than the aforementioned,
subject to the provision that no more than five (5) persons shall be
employed at any time in the sale, repair, or other processing of goods.
3) Professional offices of doctors, lawyers, dentists, chiropractors,
osteopaths, architects, engineers, accountants, and similar or allied
professions.
4) Restaurants, or other places serving food, except drive-in or drive-through
restaurants.
b. Prohibited uses: Activities specifically prohibited include repair or service of
motor vehicles and other large equipment; manufacturing processes which would
normally require industrial zoning; any activity which may become a nuisance
due to noise, unsightliness or odor; and any activity which may adversely affect
surrounding property.
c. Conditions: [amended 8/04]
1) Outdoor storage is prohibited.
2) The area devoted to approved uses shall not exceed 2,500 square feet.
9) All goods produced on the premises shall be sold at retail on the premises
where produced.
3) All business, servicing, or processing shall be conducted within a
completely enclosed building, or in an area specifically approved by the
Planning Commission.
4) Parking shall be accommodated on site or with limited street parking.
5) Hours of operation may be limited by the Planning Commission.
6) Signs must comply with those set forth for the residential zoning district.
7) The Planning Commission may allow a use to sell alcohol, however the
Commission may limit the type of license applied for or obtained for the
9
sale of alcohol to an SDM, hours of operation, and any other restrictions
intended to stabilize, protect, and encourage the residential character of the
area. The use must gain approval from the Michigan Liquor Control
Commission before alcohol can be or sold.
4. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.
5. Uses similar to the above Special Land Uses Permitted.
SECTION 802: PLANNED UNIT DEVELOPMENT [amended 10/98]
Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the RM-2 Medium
Density Multiple Family Residential District is to allow mixed land uses, which are compatible
to each other, while prohibiting nonresidential uses which would not be compatible or
harmonious with residential dwellings.
SECTION 803: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 14,520 sq. feet.
2. Density (see definition in Article II): 24 dwelling units per buildable acre.
3, Dedicated open space requirement: 15%
4. Maximum lot coverage:
Buildings: 70%
Pavement: 20%
5. Lot width: 125 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
6. Maximum building width: 50% (as a portion of the lot width).
7. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.
8. Height limit: 4 stories or 60 feet.
Height measurement: In the case of a principal building, the vertical distance measured
from the average finished grade to the highest point of the roof surface where the
building line abuts the front yard, except as follows: to the deck line of mansard roofs,
and the average height between eaves and the ridge of gable, hip, and gambrel roofs (see
Figure 2-2). If the ground is not entirely level, the grade shall be determined by
averaging the elevation of the ground for each face of the building (see Figure 2-3).
10
9. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Street: 25 feet
Minor Street: 20 feet
10. Rear setback: 30 feet
11. Setback from the ordinary high water mark or wetland: 50 feet (principal structures
only).
12. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
3-story: 12 feet and 16 feet
4-story: 16 feet and 20 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-
way line to the nearest point of the determined drip line of buildings. [amended 10/02]
13. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side lot line provided: [amended 10/02]
f. The building has an approved fire rating for zero-lot line development under the
building code.
g. The building has adequate fire access preserved pursuant to fire code
requirements.
h. The zero lot line side is not adjacent to a street.
i. A maintenance access easement is granted by the adjacent property owner and
recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
j. It is not adjacent to wetlands, or waterfront.
14. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
line is employed for a structure or fire access. At least fifty percent of all required front
setbacks shall be landscaped and adjacent to the road right-of-way. An average minimum
greenbelt of 10 feet shall be maintained along each street frontage. [amended 12/01,
amended 10/02]
STAFF RECOMMENDATION
Due to approval of the site plan for expansion of Every Woman’s Place, staff now
recommends denial of the request to rezone the subject property from RM-2, Medium Density
Multiple Family district to R, One Family Residential district, because the request doesn’t
conform to the goals and recommendation of the City’s 1997 Master Plan and Future Land Use
11
Plan and zoning district intent.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. What, if any, identifiable conditions related to the petition have changed which justify
the petitioned change in zoning.
2. What are the precedents and the possible effects of precedent that might result from the
approval or denial of the petition?
3. What is the impact of the amendment on the ability of the city to provide adequate
public services and facilities and/or programs that might reasonably be required in the
future if the petition is approved?
4. Does the petitioned zoning change adversely affect the environmental conditions or value
of the surrounding property?
5. Does the petitioned zoning change generally comply with the adopted Future Land
Use Plan of the City?
6. Are there any significant negative environmental impacts which would reasonably
occur if the petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic sites,
or wildlife areas.
7. Is the proposed zoning change a “Spot Zone”?
a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are inconsistent with those allowed in
the vicinity?
c. Would the zoning change confer a benefit to the property owner that is not
generally available to other properties in the area?
d. A spot zone is appropriate if it complies with the Master Plan.
DETERMINATION
The following motion is offered for consideration:
I move that the request to rezone the property located at 1221 W. Laketon Avenue from RM-2,
Medium Density Multiple Family Residential district to R, One Family Residenital district, as
described in the public notice, be recommended for (approval/denial) to the City Commission
12
pursuant to the City of Muskegon Zoning Ordinance, and the determination of (compliance/lack
of compliance) with the intent of the City Master Land Use and zoning district intent.
13
NEW BUSINESS
Case 2009-05: Request for Site Plan Review for the property located at 1903 Marquette
Avenue, for a “Welcome Center” addition at Baker College, by David Mayville, BMA
Architects.
BACKGROUND
Applicant: David Mayville, BMA Architects
Property Address/Location: 1903 Marquette Avenue
Request: Site Plan Review
Present Land Use: Welcome Center for Baker College
Zoning: RM-1, Low Density Multiple Family Residential
STAFF OBSERVATIONS
1. The subject property is part of a large parcel occupied by the main campus of Baker College.
2. Properties to the North are zoned RM-1, to the South and West are zoned R-2, Medium
Density Multiple Family Residential, and to the East the property is zoned RT, Two Family
Residential.
3. The subject property was formerly the site of Muskegon Regional Center, and has been
occupied by Baker College since 1997 with an approved special land use permit.
4. The request is to add an 18,312 square foot, one-story addition to house a Welcome Center.
5. The parking to the east of the wing of the school’s proposed addition will have a net loss of
20 parking spaces, but adequate parking is available through out the large campus.
6. The Planning Department requires the following amendments to the site plan as conditions of
approval:
a. The property description and parcel number must be included on the site plan.
b. Indicate the zoning for the property, as well as for adjacent properties.
c. Please indicate parcel lines and property dimensions.
d. Include topography elevations at 5-foot elevations.
e. Indicate trees and other vegetations that will be retained or removed. There appear to be
several large oaks in the area. They should be retained if at all possible, or additional
trees planted to replace them.
7. The Engineering Department and Department of Public Works have no outstanding issues
with this site plan.
8. The Fire Department has following conditions of approval:
a. Water supply fire flow calculations shall be conducted and submitted to the Fire
Marshall’s office.
b. Fire Department connection shall be a single stortz connection and shall be accessible for
the Fire Department.
c. Post indicating valve required for suppression.
d. Fire Department access shall be maintained and comply with IFC 2006 Section 5 and
Appendix D.
14
12. Staff has received no comments regarding this request.
Addition will be constructed on this wing. View looking north, including parking lot.
View looking southwest, addition will take up a portion of the parking area.
15
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.
16
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
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
17
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 request for site plan approval for an addition to Baker College
for a Welcome Center, subject to the conditions listed below.
DETERMINATION
The following motion is offered for consideration:
I move that the site plan for an addition to Baker College for a Welcome Center, located at 1903
Marquette Avenue for David Mayville, BMA Architects, be (approved/denied/tabled), based on
the following findings and conditions (if approved):
1. All requirements listed in item #6 of the staff report shall be provided as needed on a
revised site plan prior to issuance of a building permit.
2. All the requirements of the Fire Department listed in #8 of the staff report be met.
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