Township of Cannon, MI Article 21 Access Management Overlay District

§ 450-21.01 Description; purpose.

A. The provisions of the Access Management Overlay District (the "overlay" or "overlay district") are in addition to the provisions of the existing zoning districts in which the lands within the overlay district are located. Lands within the overlay are subject to both the provisions of the existing zoning districts and the overlay district; in the case of conflicts between the provisions of the overlay and those of the existing zoning districts, the provisions of the overlay shall control.

B. The Township has determined that the somewhat rugged natural character of the Township, together with the presence of significant lakes, creeks, streams and wetlands throughout the Township, have in many instances inhibited the creation of an efficient, well-planned roadway network. As a consequence, much of the motor vehicle traffic to and from the Township, as well as in developing areas east of the Township, is funneled onto two major east/west arterial streets, State Highway M-44 and Cannonsburg Road, rather than being dispersed across a broader network of major streets. Because of these street limitations, it is essential that access to these streets be managed. Many published studies and reports document the relationship between driveways, traffic operations and public safety. Those reports and the experiences of other communities in the county demonstrate that controlling the number and placement of access points, including driveways and side street intersections, can preserve the capacity of a street and thereby reduce the potential for vehicle accidents.

C. The regulations of the overlay district are intended to accomplish the following purposes:

(1) To preserve the vehicle capacity of Highway M-44 and Cannonsburg Road by limiting and controlling the number, location and design of access points, by requiring alternate means of access through shared driveways, service drives and access by means of cross-streets in specified locations to encourage the efficient flow of traffic by minimizing the disruption and conflicts between through traffic and vehicle turning movements.

(2) To improve public safety and reduce the potential for vehicle accidents.

(3) To avoid the proliferation of unnecessary curb cuts and driveways and, when opportunities arise, to eliminate or reconfigure existing access points that currently may not conform to the requirements of the overlay.

(4) To implement the recommendations of the Township Master Plan.

(5) To require longer street frontages or wider minimum lot widths than otherwise required in the existing zoning districts, to help achieve acceptable distances between driveways.

(6) To require coordinated motor vehicle access among adjacent properties when possible.

(7) To avoid the need for unnecessary and costly reconstruction of the streets, which can disrupt business operations and traffic flow.

(8) To ensure efficient access by emergency vehicles.

(9) To improve safety for pedestrians and other nonmotorized travelers by reducing the number of conflict points at access locations.

(10) To establish uniform standards to ensure fair and equal treatment among property owners within the overlay.

§ 450-21.02 Lands included within overlay district.

The overlay district includes all lands which have frontage on Highway M-44, also known as Belding Road, and Cannonsburg Road and, in addition, all lands within 200 feet of the right-of-way line on either side of Highway M-44 and Cannonsburg Road.

§ 450-21.03 Applicability.

The regulations of this article shall apply only in the following circumstances:

A. The erection of a new building or structure or the reconstruction, demolition, rehabilitation or expansion of an existing building or structure on an existing site.

B. A proposed platted subdivision or condominium or site condominium.

C. The construction or expansion of an off-street parking lot.

D. Any other change of land use which will result in an increase in accepted average daily trip generation figures significant enough to cause the site to be included in a higher trip generation intensity category, such as from the low category to the medium category, from the medium category to the high category or otherwise, in accordance with the following table:

Trip Generation Intensity Categories and Examples
Intensity Categories
Low (Less than 1,500 daily trips)	Medium (1,500 to 4,000 daily trips)	High (Greater than 4,000 daily trips)
150-unit apartments (1,050)	Gas station with convenience (1,950)	200,000-square-foot shopping center (10,650)
150-room hotel (1,350)	Fast food with drive-through (1,500)	50,000-square-foot strip commercial center (4,300)
Pharmacy with drive-through (1,320)	50,000-square-foot medical/dental office (1,835)

§ 450-21.04 Land use regulations.

A. The permitted land uses and the special land uses of the lands within the overlay, and the minimum requirements for such uses, shall be as stated in the existing zoning districts, except as otherwise provided in this section.

B. An applicant who applies for site plan review or for a special land use under the terms of an existing zoning district shall comply with the application and site plan requirements stated in Articles 22 and 23, respectively. In addition, the applicant shall provide the following information, to the extent required by the Planning Commission, in site plan review or special land use, as the case may be:

(1) The site plan shall include the existing access points within 500 feet of the subject property along the frontage of Highway M-44 or Cannonsburg Road, on either side of the subject property and along both sides of any intersecting streets.

(2) Written evidence indicating that the sight-distance recommendations of the Michigan Department of Transportation (MDOT) or the County Road Commission, as applicable, are complied with.

(3) The site plan shall show the dimensions between proposed and existing access points to the subject property and, if applicable, median crossovers.

(4) If shared access is proposed or required, a shared access and maintenance agreement shall be submitted. After approval, the agreement shall be recorded with the County Register of Deeds.

(5) The site plan shall show the dimensions of driveways, including width, radii, throat length, length of any deceleration lanes or tapers, pavement markings and traffic signs.

(6) The site plan shall illustrate the routes and dimensioned turning movements of any expected truck traffic, tankers, delivery vehicles, waste receptacle vehicles, school buses and similar vehicles. The site plan shall confirm that the proposed routing of vehicles will not disrupt operations at access points, nor impede maneuvering or parking of vehicles.

(7) A traffic impact study may be required to be submitted for any land use that would be expected to generate 50 or more vehicle trips during any peak hour, or 500 or more vehicle trips daily, or if modifications from the generally applicable access-spacing standards are requested. The traffic impact study shall be prepared by a qualified firm or professional person that is a member of the Institute of Traffic Engineers with demonstrated experience in the preparation of such studies. The methodology and analysis of the study shall be in accordance with accepted principles, as described in "Evaluating Traffic Impact Studies, A Recommended Practice for Michigan," developed by MDOT and other Michigan transportation agencies. The Township may also require calculations or microscale modeling to illustrate future operations at the access points and nearby intersections and/or to evaluate various access alternatives.

(8) The applicant shall submit the application for site plan review or a special land use, and the materials included therewith, to MDOT and the Kent County Road Commission, as applicable, for review. The review of MDOT or the County Road Commission shall be considered by the Planning Commission during site plan review or consideration of the special land use. The Planning Commission may request attendance by representatives of the applicable road authority at meetings at which the proposed site plan or special land use is considered. The applicant shall not request an access permit from the applicable road authority until after the site plan or the special land use has been approved by the Planning Commission.

C. Access points (excluding driveways that serve a single-family dwelling, a two-family dwelling or an essential service facility or structure) shall comply with the following standards:

(1) Each lot or other parcel of land shall be permitted one access point. The access point may consist of an individual driveway, a shared access with an adjacent land use or access by means of a service drive or frontage road.

(2) An additional driveway may be permitted by the Planning Commission if the conditions stated below in this subsection are found to be present. The additional driveway may be required to be located on a side street or may be required to be a shared access with an adjacent property.

(a) The subject property has a frontage of more than 660 feet and the minimum spacing requirements between access points stated below are complied with; and

(b) The additional access will not prevent adjacent lands from complying with the access spacing standards if such adjacent lands develop or redevelop in the future; or

(c) A traffic impact study, prepared in accordance with accepted practices as described in this chapter, demonstrates that the subject property will generate more than 300 trips in a peak hour or more than 3,000 trips daily, or more than 400 trips in a peak hour or more than 4,000 trips daily if the subject property has access to a traffic signal.

(d) The traffic study demonstrates that the additional driveway will provide improved conditions for the motoring public and will not cause negative traffic impacts.

D. Driveways shall be located to provide safe sight distance, as determined by the applicable road authority.

E. No driveway shall interfere with governmental or utility facilities, such as streetlights, traffic signal poles, signs, fire hydrants, crosswalks, bus-loading zones, utility poles, fire alarm supports, drainage structures or other structures associated with streets.

F. Access points shall be separated from other access points along the same side of the public street, measured from center line to center line, based on the posted speed limit along the public street segment, as shown in the following table.

Posted Speed Limit (mph)	Minimum Driveway Spacing (feet)
35 or less	245
40	300
45	350
50	455
55	455

G. If the subject property adjoins lands that may be developed or redeveloped in the future, including vacant lands or potential out-lots, the access point shall be located to ensure that the adjacent lands would also comply with access-location standards in the future.

H. Access points shall be aligned with driveways on the opposite side of the street, or shall be offset from them at least 250 feet, measured from center line to center line; provided, however, that the Planning Commission may reduce this requirement to not less than 150 feet if each of the opposing access points generates fewer than 50 trips (inbound and outbound) during the peak hour of the public street or if there are no sight-distance limitations.

I. Minimum spacing of access points from intersections shall be in accordance with the table below (measured from pavement edge to pavement edge):

Intersection Type	Access on Major Street (feet)	Access on Side Street (feet)
Signalized intersection	300	200
Unsignalized intersection*	300	150

NOTES:
*	Spacing shown for signalized intersections shall also be applied at unsignalized intersections where MDOT indicates spacing and approach volumes may warrant a signal in the future.

J. If direct access consistent with the requirements of this section cannot be achieved, access shall be accomplished by means of a shared driveway or a service drive. The Planning Commission may require development of frontage roads or rear service drives if such facilities can provide access to signalized locations, in those circumstances where service drives may minimize the number of driveways, and as a means to ensure that traffic is able to move more efficiently and safely for both ingress and egress. Frontage roads or service drives shall be constructed in accordance with the following standards:

(1) Service drives and frontage roads shall be set back as far as reasonably possible from the intersection of the access driveway with the public street. A minimum of 25 feet shall be maintained between the public street right-of-way and the pavement of the frontage road, with a minimum 60 feet of throat depth provided at the access point.

(2) The alignment of the service drive may be adjusted as may be necessary for the proposed land use and anticipated traffic conditions, if the resulting location and alignment permits the service drive to be extended to an adjacent property or properties, as shown in the nearby diagram.

(3) If a shared access is recommended but is not yet available, temporary drive access may be permitted if the access is designed to accommodate a future service drive and if a written agreement is submitted to the effect that the temporary access will be removed by the applicant when the alternative access becomes available. In such a case, a restrictive covenant and the posting of a financial performance guarantee may be required.

K. Modifications in the standards of this section may be permitted by the Planning Commission in site plan review, in view of the variations and existing physical conditions along Highway M-44 or Cannonsburg Road, upon findings that all of the following conditions apply:

(1) That the proposed modification is generally consistent with the intent of the overlay district and the standards of this section.

(2) That practical difficulties (including sight-distance limitations, topography, wetlands, drains or water bodies, woodlands to be preserved, existing development and unique site configurations or shape) exist on or as to the property that cause full compliance to be unreasonable or that existing off-site access points make it impractical to fully comply with the applicable standards.

(3) That the proposed modification involves an access improvement to an existing property or a new land use that would generate less traffic than the previous land use or that the proposed modification is consistent with MDOT guidelines and is supported by MDOT and/or the County Road Commission.

(4) If required by the Planning Commission, a traffic study by a qualified traffic engineer has been provided and certifies that the modification will improve traffic operations and safety.

(5) That the applicant has demonstrated that the proposed modification would not create noncompliant access to adjacent lands that may be developed or redeveloped in the future.

(6) That the proposed roadway improvements would be made to improve overall traffic operations prior to the completion of the proposed land use and the occupancy of any building.

(7) That indirect or shared access is not possible or reasonably attainable.

(8) That the proposed modification has been demonstrated to be the minimum modification necessary in the circumstances.