City of Corunna, MI Article XIII Review and Approval Procedures

§ 86-391 Site plans.

[Amended 6-6-1994 by Ord. No. 94-06]

(a) Applicability. Prior to the establishment of a new use, change of use, addition to an existing use, or the erection of any building in a zoning district, subject to the conditions listed in this subsection, a site plan shall be submitted and approved, approved with conditions, or disapproved by the City Planning Commission in accordance with the requirements of this article.

(1) Site plan reviews are required for all permitted principal uses and structures in all zoning districts (except for single-family detached and two-family dwellings and their accessory uses) and all conditional approval uses in all zoning districts.

(2) When the proposed new construction or remodeling constitutes an addition to an existing building or use, site plan review procedures may be modified, at the discretion of the building inspector, to provide for an administrative review by the building inspector in lieu of a more formal review by the City Planning Commission. The building inspector may conduct an administrative review provided both of the following are true:

a. No variances to this chapter are required.

b. The proposed new construction would not increase the total square footage of the building by more than 25% or 1,000 square feet, whichever is less.

(3) For those cases requiring site plan review solely as a result of building reoccupancy, site plan review procedures may be modified, at the discretion of the building inspector, to provide for an administrative review by the building inspector in lieu of a more formal review by the City Planning Commission. The building inspector may conduct an administrative review provided all of the following are true:

a. Such use is conducted within a completely enclosed building.

b. Reoccupancy does not create additional parking demand beyond 25% of that which exists.

c. Reoccupancy does not substantially alter the character of the site.

(4) Every site plan submitted for review shall be in accordance with the requirements of this chapter. Administrative review procedures are not intended to modify any ordinance, regulation or development standard.

(b) Submission; copies. Every site plan submitted to the Planning Commission shall be in accordance with the requirements of this chapter. Twenty complete copies of all site plans shall be filed with the City Clerk, who shall place the request on the next Planning Commission agenda.

(c) Information required.

(1) The following information shall be included on the site plan:

a. A scale of not less than one inch equals 50 feet if the subject property is less than three acres, and one inch equals 100 feet if three acres or more.

b. Date, north point and scale.

c. The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties and buildings within 100 feet.

d. Legal description of the parcel.

e. Existing and proposed topography with contours at two-foot intervals, based on USGS datum, extending a minimum of 100 feet beyond the site boundaries.

f. An inventory of existing vegetation on the site and an indication of any alterations.

g. The location and nature of any streams, drains, swamps, marshes or unstable soils.

h. An indication of basic drainage patterns, existing and proposed, including any structures, retention basins and fencing which are proposed. The applicant shall contact the municipality and municipal engineer to determine the adequacy of utility and stormwater proposals, slope and sod erosion requirements to determine if any such requirements will adversely affect the site plan.

i. A schedule of parking needs. Separate drawings may be submitted to indicate usable floor areas, etc., for computation of parking needs.

j. A detailed planting plan and schedule of plant materials and sizes.

k. Cross section drawings of any walls, berms, etc.

l. The location and width of all existing and proposed sidewalks on or bordering the subject site. Where the subject site borders a public right-of-way, a concrete sidewalk five feet in width shall be provided within the public right-of-way one foot from the subject site's property line. If a sidewalk in good condition exists within the public right-of-way, this requirement may be waived by the building inspector.

m. The location of all existing and proposed structures of the subject property and all existing structures within 100 feet of the subject property. The setbacks to all existing and proposed structures to be retained or constructed on the site shall be indicated; this includes buildings, signs, trash storage areas, walls, fences, berms, parking areas, etc. The height of all proposed structures shall also be indicated.

n. The location of all existing and proposed drives and parking areas.

o. The location and right-of-way widths of all abutting streets and alleys.

p. The names, addresses and telephone numbers of the architect, planner, designer, engineer or person responsible for the preparation of the site plan.

q. The names, addresses and telephone numbers of the developers.

(2) In addition to the information required by Subsection (1) of this subsection, the applicant shall submit a supplementary explanation as to the specific types of activities proposed. Such information shall include but not be limited to the following:

a. Estimated number of employees, resident shoppers, etc.

b. Hours of operation.

c. Any changes anticipated in terms of dust, odor, smoke, fumes, noise, lights, etc.

d. Modifications to vegetative cover, drainage patterns, earthwork and problem areas.

e. Any ancillary improvements that the applicant proposes to remedy or prevent problems created by the development.

f. Estimated costs of proposed landscaping berms, walls, acceleration/deceleration lanes or bypass lanes or any other required site improvement not covered in the building permit cost estimates.

(d) Contents of site plan file. The site plan, and all supplementary data, together with minutes of any meeting and hearings related to the proposed site plan, shall become part of the official site plan file.

(e) Standards for approval. In the process of reviewing the site plan, the Planning Commission shall consider:

(1) Specific development requirements set forth in this chapter.

(2) The location and design of driveways providing vehicular ingress to and egress from the site, in relation to streets giving access to the site, and in relation to pedestrian traffic.

(3) The traffic circulation features within the site and location of automobile parking areas, and may make such requirements with respect to any matters as will ensure:

a. Safety and convenience of both vehicular and pedestrian traffic, both within the site and in relation to access streets.

b. Satisfactory and harmonious relationships between the development on the site and the existing and prospective development of contiguous land and adjacent neighborhoods.

c. Accessibility afforded to emergency vehicles.

(4) The arrangement of use areas on the site in relation to functional, efficient and compatible arrangements within the site and also in relation to adjacent uses.

(5) The Planning Commission may further require landscaping, fences and walls in pursuance of these objectives, and such landscaping, fences and walls shall be provided and maintained as a condition of the establishment and the continued maintenance of any use to which they are appurtenant.

(6) In those instances wherein the Planning Commission finds that an excessive number of ingress or egress points may occur with relation to major or secondary thoroughfares, thereby diminishing the carrying capacity of the thoroughfare, the Planning Commission may recommend marginal access drives. For a narrow frontage, which will require a single outlet, the Planning Commission may recommend that money be placed in escrow with the municipality so as to provide for a marginal service drive equal in length to the frontage of the property involved. Occupancy permits shall not be issued until the improvement is physically provided, or monies have been deposited with the Clerk.

(7) The cost estimates, as required in this section, shall be reviewed by the appropriate municipal official (i.e., building inspector, engineer or planner) for their compliance with current cost estimates. These reviews and recommendations shall be forwarded to the Planning Commission for inclusion in any approved site plan.

(8) The Planning Commission may waive site plan information for topography, vegetation, problem soils, landscaping, employment data, environmental considerations, etc., when such concerns are obviously not pertinent to the proposed development.

(9) The Planning Commission, or building inspector as part of administrative review procedures, shall seek input from local public safety officials as part of the site plan review process, prior to approving, disapproving, or approving with conditions the site plan.

(f) Action by Planning Commission. The Planning Commission, upon reviewing a site plan, shall take one of the following actions:

(1) Approval. If the site plan meets all the requirements of this chapter and related development requirements and standards, the Planning Commission shall record such approval and the chairman shall sign three copies of the site plan, filing one in the official site plan file, forwarding one to the building inspector, and returning one to the applicant.

(2) Disapproval. If the site plan does not meet the requirements of this chapter and related development requirements and standards, the Planning Commission shall record the reasons for denial. The applicant may subsequently refile a corrected site plan under the same procedures followed for the initial submission.

(3) Conditional approval. If minor corrections to the site are necessary, which can be clearly noted, then the Planning Commission shall so note such conditions and the chairman shall sign three site plans as conditionally approved and stating the necessary conditions. One copy shall be retained in the official site plan file, one forwarded to the building inspector, and one returned to the applicant.

(4) Tabling. If the site plan is found to be in violation of the requirements or incomplete with respect to necessary information, the Planning Commission may table action on the site plan until ordinance compliance is shown or required additional information is provided.

(g) Performance guarantees. To ensure compliance with this chapter and any condition imposed thereunder, the Planning Commission may require that cash, a certified check, an irrevocable bank letter of credit, or a surety bond acceptable to the City, covering the estimated cost of improvements associated with a project for which site plan approval is sought, be deposited with the City to ensure faithful completion of the improvements, which shall also be subject to the following:

(1) The performance guarantee shall be deposited prior to the issuance of a temporary certificate of occupancy. The City shall establish procedures whereby a rebate of any cash deposits in reasonable proportion to the ratio of work completed on the required improvements will be made as work progresses. Any partial release of funds shall be less than 10% which shall be retained by the municipality until all work has been completed and subsequently inspected and approved by the building inspector. This does not relieve the applicant from satisfying all applicable maintenance warranties and guarantees necessary to ensure the proper functioning of the public improvements.

(2) This section shall not be applicable to improvements for which a cash deposit, certified check, irrevocable bank letter of credit, or surety bond has been deposited pursuant to Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq., MSA 26.430(101) et seq.), as amended (the state Subdivision Control Act).

(3) As used in this section, the term "improvements" means those features and actions associated with a project which are considered necessary by the body or official granting zoning approval to protect natural resources or the health, safety and welfare of the residents of the City and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, landscaping and surface drainage. Improvements do not include the entire project which is the subject of zoning approval.

(h) Completion of improvements. An approved site plan shall remain valid for a period of one year from the date of approval. If all improvements are not installed, then any such remaining improvements shall be completed no later than July 1 of the following construction season, except that the Planning Commission may, at its discretion, upon application by the owner and for cause shown, provide for up to two successive twelve-month extensions.

§ 86-392 Condominium developments.

[Amended 6-6-1994 by Ord. No. 94-06; 9-16-2002 by Ord. No. 02-12]

The following regulations shall apply to all condominium developments within the City:

(1) Initial information. Concurrently with notice required to be given the City pursuant to § 71 of Act No. 59 of the Public Acts of Michigan of 1978 (MCL 559.101 et seq., MSA 26.50(101) et seq.), as amended (the Condominium Act), a person intending to develop a condominium development shall provide the following information:

a. The name, address and telephone number of:

1. All persons, firms or corporations with an ownership interest in the land on which the condominium development will be located, together with a description of the nature of each entity's interest (for example, fee owner, optionee or land contract vendee).

2. All engineers, attorneys, architects or registered land surveyors associated with the project.

3. The developer or proprietor of the condominium development.

b. The legal description of the land on which the condominium development will be developed, together with appropriate tax identification numbers.

c. The acreage content of the land on which the condominium development will be developed.

d. The purpose of the development (for example, residential, commercial, industrial, etc.).

e. The approximate number of condominium units to be developed on the subject parcel.

f. Whether or not a community water system is contemplated.

g. Whether or not a community septic system is contemplated.

(2) Information to be kept current. The information shall be furnished to the building inspector and shall be kept updated until such time as a certificate of occupancy has been issued pursuant to § 86-495.

(3) Site plans for new projects. Prior to recording of the master deed required by § 72 of Act No. 59 of the Public Acts of Michigan of 1978 (MCL 559.101 et seq., MSA 26.50(101) et seq.), as amended, the condominium development shall undergo site plan review and approval pursuant to § 86-391. In addition, the City shall require appropriate engineering plans and inspections prior to the issuance of any certifications of occupancy.

(4) Site plans for expandable or convertible projects. Prior to expansion or conversion of a condominium development to additional land, the new phase of the project shall undergo site plan review and approval pursuant to § 86-391.

(5) Master deed, restrictive covenants and as-built survey. The condominium development developer or proprietor shall furnish the building inspector with the following: one copy of the recorded master deed, one copy of all restrictive covenants and two copies of an as-built survey. The as-built survey shall be reviewed by the City engineer for compliance with local ordinances. Fees for this review shall be established by resolution of the City Council.

(6) Monuments and markers. All condominium developments which consist in whole or in part of condominium units which are building sites shall be marked with monuments as provided in this subsection.

a. All monuments used shall be made of solid iron or steel bars at least one-half inch in diameter and 36 inches long and completely encased in concrete at least four inches in diameter.

b. Monuments shall be located in the ground at all angles in the boundaries of the condominium development; at the intersection lines of streets and at the intersection of the lines of streets with the boundaries of the condominium development and at the intersection of alleys with the boundaries of the condominium development; at all points of curvature, points of tangency, points of compound curvature, points of reverse curvature and angle points in the side lines of streets and alleys; and at all angles of an intermediate traverse line. It is not intended or required that monuments be placed within the traveled portion of a street to mark angles in the boundary of the condominium development if the angle points can be readily reestablished by reference to monuments along the side lines of the streets.

c. If the required location of a monument is in an inaccessible place, or where the locating of a monument would be clearly impracticable, it is sufficient to place a reference monument nearby, and the precise location thereof shall be clearly indicated on the plans and referenced to the true point.

d. If a point required to be monumented is on a bedrock outcropping, a steel rod at least one-half inch in diameter shall be drilled and grouted into solid rock to a depth of at least eight inches.

e. All required monuments shall be placed flush with the ground where practicable.

f. All unit corners and the intersection of all limited common elements and all common elements shall be monumented in the field by iron or steel bars or iron pipe at least 18 inches long and one-half inch in diameter, or other approved markers.

g. The City Council may waive the placing of any of the required monuments and markers for a reasonable time, not to exceed one year, on the condition that the proprietor deposits with the City cash or a certified check, or irrevocable bank letter of credit to the City, whichever the proprietor selects, in an amount to be established by the Council by resolution. Such cash, certified check or irrevocable bank letter of credit shall be returned to the proprietor upon receipt of a certificate by a surveyor that the monuments and markers have been placed as required within the time specified.

(7) Compliance with applicable laws. All condominium developments shall comply with federal and state statutes and local ordinances.

(8) Occupancy prior to completion of improvements. The building inspector may allow occupancy of the condominium development before all improvements required by this chapter are installed provided that cash, a certified check or an irrevocable bank letter of credit is submitted sufficient in amount and type to provide for the installation of improvements before the expiration of the temporary occupancy permit without expense to the City.

(9) Single-family detached condominiums.

a. General requirements. Single-family detached condominium projects shall be subject to all requirements and standards of the applicable R-A one-family residential districts.

b. Design standards. The design of a single-family detached condominium project shall be subject to the following design, layout and engineering standards, except as may otherwise be provided by this chapter:

1. 

Location, arrangement and design of streets.

i. The street layout shall provide for the continuation of streets in the adjoining subdivisions or of the proper projection of streets when adjoining property is not subdivided, or conform to a plan for a neighborhood unit drawn up and adopted by the Planning Commission.

ii. The street layout shall include minor streets so laid out that their use by through traffic shall be discouraged.

iii. Should a proposed development border on or contain an existing or proposed major thoroughfare, the Planning Commission may require marginal access streets, reverse frontage or such other treatment as may be necessary for adequate protection of residential properties and to afford separation and reduction of traffic hazards.

iv. Should a proposed development border on or contain a railroad, expressway or other limited access highway right-of-way, the Planning Commission may require the location of a street approximately parallel to and on each side of such right-of-way at a distance suitable for the development of an appropriate use of the intervening land, such as for parks, in residential districts. Such distances shall be determined with due consideration of the minimum distance required for approach grades to future grade separation.

v. The minimum street grade shall not be less than 0.5%. The maximum street grade shall be 5.0%, except that the Planning Commission may modify this standard on the recommendation of the City engineer.

vi. Streets shall be laid out so as to intersect as nearly as possible at 90°.

vii. Street jogs with centerline offsets of less than 125 feet shall be avoided.

viii. Sight distances on horizontal or vertical curves and at intersecting roads shall be a minimum of 200 feet. Sight distance for intersecting streets shall be measured 10 feet from the edge of the traveled portion of the road and from an eye height of 3.5 feet to an object height of 3.5 feet.

ix. Construction standards shall conform to at least the following minimum requirements:

	Street Type	Right-of-Way Width	Pavement Width
	All types of streets	60 feet	24 feet
	Cul-de-sac	60-foot radius	45-foot radius

x. The maximum length for residential cul-de-sac streets shall generally be 500 feet; however, the Planning Commission may approve a distance of up to 1,000 feet.

xi. All pavements shall be asphalt or concrete pavement with concrete curb and gutter on each side in accordance with the standards prescribed by the City engineer.

2. 

Blocks.

i. Maximum length for blocks shall not exceed 1,300 feet, except where, in the opinion of the Planning Commission, conditions may justify a greater distance.

ii. Widths of blocks shall be determined by the condition of the layout and shall be suited to the intended layout.

3. Natural features. The natural features and character of lands must be preserved wherever possible. Due regard must be shown for all natural features such as large trees, natural groves, watercourses and similar community assets that will add attractiveness and value to the property if preserved. The preservation of drainage and natural stream channels must be considered by the proprietor, and the dedication and provision of adequate barriers, where appropriate, shall be required.

4. Walkways. Walkways shall be installed in all single-family detached condominium developments. Such walkways shall be a minimum of five feet in width and shall be constructed of concrete four inches thick. In addition, walkways shall be located on both sides of all interior roadways and so located as to provide access to all general common areas. Upon review of the site plan, the Planning Commission may approve alternative locations for the walkways or may waive the walkway requirement if it would not serve the purpose of providing adequate pedestrian circulation.

5. 

Utilities.

i. An adequate storm drainage system, including necessary storm sewers, catchbasins, manholes, culverts, bridges and other appurtenances, shall be required in all developments.

ii. A public sanitary sewer system shall be required.

iii. A public water supply system shall be required.

iv. The proprietor shall make arrangements for all lines for telephone, electric, television and other similar services distributed by wire or cable to be placed underground entirely throughout the development area, and such conduits or cables shall be placed within private easements provided to such service companies by the developer or within dedicated public ways, provided only that overhead lines may be permitted upon written recommendation of the City engineer and the approval of the Planning Commission at the time of site plan approval where it is determined that overhead lines will not constitute a detriment to the health, safety, general welfare, design and character of the development. All such facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. All such facilities shall be constructed in accordance with standards of construction approved by the state public service commission. All drainage and underground utility installations which traverse privately held property shall be protected by easements granted by the proprietor.

(10) Final documents to be provided. After submittal of the condominium plan and bylaws as part of the master deed, the proprietor shall furnish to the City a copy of the site plan on a mylar sheet of at least 13 by 16 inches with an image not to exceed 10 1/2 by 14 inches.

§ 86-393 Special condition uses.

[Amended 6-6-1994 by Ord. No. 94-06]

(a) Applicability.

(1) The uses identified as special condition uses are recognized as possessing characteristics of such unique and special nature, relative to location, design, size, public utilities needs and other similar characteristics, as necessitating individual standards and conditions in order to safeguard the general health, safety and welfare of the community.

(2) The Planning Commission, as provided in this section, shall have the authority to approve conditional use permits, subject to such conditions of design, operation, and appropriate and reasonable safeguards as the City may require for any special condition use included in the various provisions of this chapter.

(b) Data required; application; fee.

(1) Application for any conditional use permit as provided under the provisions of this chapter shall be made to the building inspector by filing an official special condition use permit application form; submitting required data, exhibits and information; and depositing the required fee as established by resolution of the City Council, as amended from time to time. No portion of such fee shall be reimbursable to the applicant.

(2) An application for a conditional use permit shall contain the following:

a. The applicant's name, address and telephone number.

b. The address and tax description number of the subject parcel.

c. A signed statement that the applicant is the owner of the subject parcel, or is acting as the owner's representative.

d. A certified survey drawing of the subject parcel.

e. A complete site plan containing all of the applicable data outlined in § 86-391, pertaining to review and approval of site plans.

f. Supporting statements, evidence, data, information and exhibits which address those standards and requirements for assessing special condition use permit applications outlined in Subsection (d) of this section.

(c) Public hearing requirements. Upon receipt of an application for a use requiring conditional approval, the Planning Commission shall hold a public hearing, one notice of which shall be published not less than five and not more than 15 days prior to the public hearing date in a newspaper of general circulation in the City and sent by first class mail to the owners of the property for which special condition approval is being considered, and to the owners of record of all real property and to the occupants of all structures located within 300 feet of the boundaries of the property in question. The notice shall:

(1) Describe the nature of the special condition use request.

(2) Adequately describe the property in question.

(3) State the date, time and place of the public hearing.

(4) Indicate when and where written comments concerning the request will be received.

(d) Standards for approval.

(1) The Planning Commission shall review the particular circumstances and facts applicable to each proposed special condition use in terms of the following standards and requirements, and shall make a determination as to whether the use proposed to be developed on the subject parcel meets the following standards and requirements:

a. The use will be harmonious with and in accordance with the general objective of the future land use plan.

b. The use will be designed, constructed, operated and maintained in harmony with the existing and intended character of the general vicinity and so that such use will not change the essential character of that area.

c. The use will not be hazardous or detrimental to existing or future neighboring uses.

d. The use will represent a general benefit to the community as a whole.

e. The use will be served adequately by essential public services and facilities, such as highways, streets, drainage structures, police and fire protection and refuse disposal; or persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately for such services.

f. The use will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the community.

g. The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive smoke, fumes, glare, noise, vibration or odors.

h. The use will be consistent with the intent and purposes of this chapter.

(2) If the facts regarding the special condition use being reviewed do not establish by a preponderance of the evidence that the standards and requirements set forth in this chapter will be met by the proposed use, the Planning Commission shall not approve the special condition use application. In recommending approval of a special condition use permit, the Planning Commission shall impose such reasonable conditions of use as it deems necessary to protect the best interests of the City and the general vicinity, to achieve the objectives of this chapter and to ensure that the general public health, safety and welfare will not be infringed upon. The Planning Commission may deny, approve, or approve with conditions a request for special condition use approval. The decision on a special condition use shall be incorporated in a statement containing the conclusions relative to the special condition use under consideration which specifies the basis for the decision and any conditions recommended.

(3) The conditional use review and site plan review may occur concurrently at the discretion of the Planning Commission.