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(a) Required. Prior to final review and approval of a site condominium project plan by the City Council, a preliminary site condominium project plan shall be reviewed by the Planning Commission in accordance with the procedures, standards and requirements provided by this chapter.
(b) Application Submittal Requirements. An application for preliminary site plan review, along with twelve sets of the plan, shall be submitted to the Community Development Director at least four weeks prior to the next scheduled Planning Commission meeting along with a fee as set by the City Council. The application shall at a minimum, contain the following information:
(1) The applicant's name, address, and phone number.
(2) Proof that the applicant is the owner of the property or has a legal or financial interest in the property such as a purchase agreement.
(3) The name, address and phone number of the owner(s) of record if different than the applicant.
(4) The address of the property.
(5) A legal description or the permanent parcel number of the property.
(6) A project description.
(7) The size of the parcel in acres.
(8) The signature of the applicant and the owner of the property.
(c) Technical Review. The Community Development Director shall review the preliminary plan for compliance with ordinance requirements. Copies may also be sent to the City Planner, the City Engineer, the Fire Chief and the Police Chief as deemed necessary. The site plan shall be reviewed for compliance with the requirements of this chapter and a report prepared for the Planning Commission.
(d) Requirements for Preliminary Plans. The preliminary plan shall, at a minimum, contain those items required by Section 1224.02 of the Subdivision Regulations. In addition the following requirements and standards shall apply:
(1) The site condominium shall be constructed in accordance with Chapter 1232 of the Subdivision Regulations.
(2) A condominium project plan shall include the documents and information required by Section 66 of the Condominium Act (M.C.L. 559.166; M.S.A. 26.50(16)), including the signature and seal of the architect, land surveyor, or engineer who prepares the plan.
(3) A statement describing the proposed method of providing potable water supply, waste disposal facilities and public and private utilities, and a statement from the District County Health Department indicating the suitability of the land for the operation of septic tanks, if proposed, shall be included.
(4) All private streets in a site condominium shall comply with the standards for City public street construction.
(5) The location of any and all general and limited common elements, as well as the use and occupancy restrictions and maintenance provisions for all general and limited common elements that will be included in the Master Deed, shall be included.
(6) A storm drainage and a storm water management plan, including all lines, swales, drains, basins, and other facilities and easements granted to the appropriate municipality for installation, repair and maintenance of all drainage facilities, shall be included.
(7) In its review of a site condominium project plan, the Planning Commission may consult with the City Manager, City Planner, City Engineer, or other appropriate persons regarding the adequacy of the proposed common elements and maintenance provisions, use and occupancy restrictions, utility systems and streets, project layout and design, or other aspects of the proposed project.
(8) The Planning Commission shall require that portions of the plan as relevant to the reviewing authority in question be submitted to the District Health Department, County Road Commission, County Drain Commission, Michigan Department of Natural Resources, Michigan Department of Public Health, Michigan Department of Environmental Quality and other appropriate State and County review and enforcement agencies having direct approval or permitting authority over any aspect of the proposed site condominium project.
(9) The building site for each site condominium unit shall comply with all applicable provisions of this Zoning Code for the zoning district in which it will be located, including minimum lot area, minimum lot width, required front, side and rear yards, and maximum building height. For example, the area and width of the building site shall be used to determine compliance with the minimum lot area and lot width requirements. Compliance with required front, side or rear yards shall be determined by measuring the distance from the equivalent front, side, or rear yard boundaries of the building site closest respective front, side or rear boundary of the building envelope. Building setback lines showing dimensions from all streets and lot lines shall be illustrated on the project plan.
(10) If a site condominium project is proposed to have public streets, the streets shall be paved and developed to the minimum design, construction, inspection, approval and maintenance requirements for platted public streets as required by the City.
(11) The site condominium project shall be connected to the City water and sanitary sewer facilities in accordance with the City of Ionia Municipal Standards Ordinance.
(12) The names of abutting developments, if any, shall be included.
(13) A map of the entire area scheduled for development, if the proposed project is a portion of a larger holding intended for subsequent development, shall be included.
(14) The land use and existing zoning of the proposed project shall be included. Zoning and land use on adjacent parcels should also be illustrated.
(15) A table listing the proposed lots by number, and the respective lot area for each lot, shall be included.
(16) Additional information which will assist the applicant in proceeding in a reasonable and sound manner toward final approval of the project shall be included.
(e) Planning Commission Review.
(1) Preliminary site condominium plans shall be referred to the Planning Commission, which shall consider the preliminary plan and make a recommendation to the City Council. Such consideration and recommendation shall take place following a public hearing by the Planning Commission on the preliminary plan. For such hearing, notice shall be given as required by Section 1240.07.
The preliminary plan, together with meeting minutes showing the action of the Planning Commission, shall be referred to the City Council for review and action.
(2) If the preliminary project plan does not meet all requirements contained herein, the Planning Commission shall notify the applicant by letter indicating any additional information or changes required.
(Ord. 390. Passed 3-6-01; Ord. 469. Passed 10-6-09.)
(a) After receiving the Planning Commission's recommendations on the preliminary plan, the applicant shall submit to the Community Development Director twelve copies of a final site condominium development plan which complies with the requirements for a preliminary site condominium project plan. The applicant shall also submit copies of reviews by those agencies with jurisdiction over the project. The Community Development Director shall forward the copies of the final plan and other information to the City Council.
(b) The final site condominium project plan submitted by the applicant shall incorporate all of the recommendations, if any, made by the Planning Commission based on its prior review of the preliminary plan. If any of the Planning Commission's recommendations are not incorporated in the final plan, the applicant shall clearly specify in writing which recommendations have not been incorporated and the reasons why those recommendations have not been incorporated. Except for changes made to the plan as necessary to incorporate the recommendations of the Planning Commission, the final plan shall otherwise be identical to the preliminary plan which was reviewed by the Planning Commission. Changes made to the plan other than those necessary to incorporate the recommendations of the Planning Commission shall be reviewed by the Planning Commission as provided by this chapter prior to approval of the plan by the City Council.
(c) After receiving the Planning Commission's recommendations on the preliminary plan and a final site condominium development plan from the applicant, the City Council shall review and may approve, deny or approve with conditions the plan in accordance with the standards and requirements of the Subdivision Regulations and other applicable procedures, standards and requirements provided by this chapter.
(d) The City Council may grant tentative approval of the project and shall set forth in writing the requirements that must be met for approval.
(e) The City Council shall not review, approve or reject a final project plan until it has received a report and recommendation from the Planning Commission on the preliminary project plan.
(f) As a condition of approval of a final site condominium project plan:
(1) The City Council may require that a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the Council, covering the estimated cost of improvements associated with the site condominium project for which approval is sought, be deposited with the City Clerk.
(2) The City Council may impose additional reasonable conditions of approval necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility load caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner.
(g) Approval of a final site condominium project plan shall not constitute approval of expandable or convertible portions of a site condominium project unless the expandable or convertible areas were specifically reviewed and approved by the City Council in compliance with the procedures, standards, and requirements of this chapter.
(Ord. 390. Passed 3-6-01.)
(a) No buildings or structures shall be constructed, nor shall any other site improvements or changes be made on the property, in connection with a proposed site condominium project, except in compliance with a final site condominium project plan as approved by the City Council, including any conditions of approval.
(b) Required permits may be issued by the City Community Development Director, and the developer may proceed with the project provided:
(1) A final site condominium project plan has been approved by the City Council and the approved plan signed by the City Clerk and Mayor.
(2) All conditions to commencement of construction imposed by the City Council have been met; and
(3) All applicable inspections, approvals, or permits from appropriate County and State review and enforcement agencies have been obtained for the project.
(Ord. 390. Passed 3-6-01.)
Any change proposed in connection with a project for which a final site condominium project plan has previously been approved by the City Council shall be subject to review as provided by this section:
(a) Any change that constitutes a major change shall be reviewed by the Planning Commission and reviewed and approved by the City Council as provided by this chapter for the original review and approval of preliminary and final plans.
(b) Any change that constitutes a minor change shall be reviewed and approved by the Planning Commission alone without the need for a City Council review.
(c) Any change that constitutes an exempt change shall not be subject to review by the City under this article, but a copy of changes proposed (and of the changes made, if different than the proposed) shall be filed with the City Clerk.
(Ord. 390. Passed 3-6-01.)
All provisions of a final site condominium project plan that are approved by the City Council as provided by this chapter shall be incorporated by reference in the master deed for the site condominium project. Further, all major changes to a project shall be incorporated by reference in the master deed. The master deed shall be reviewed by the City Attorney to ensure that all provisions approved by the City Council have been included in the master deed. Following this, a copy of the master deed shall be recorded with the County Register of Deeds, and a copy of the recorded master deed provided to the City Clerk within ten (10) days after recording the plan with the County.
(Ord. 390. Passed 3-6-01; Ord. 469. Passed 10-6-09.)
(a) No approval of a final site condominium project plan by the City Council shall be effective for a period of more than one-year, unless construction of the project commences within that one-year period and is diligently pursued to completion in accordance with the terms and conditions of the approval. This one-year period may be extended by the Council in its discretion for additional periods of time as determined appropriate by the Council if the extension is applied for by the applicant within the effective period of the approval.
(Ord. 390. Passed 3-6-01.)
A variance from the provisions of this chapter may be granted if the applicant demonstrates that literal enforcement of any of the provisions of this chapter is impractical or will impose undue hardship in the use of the land because of special or peculiar conditions pertaining to the land. Upon application, the City Council, after recommendation by the Planning Commission, may permit a variance or variances which are reasonable and within the general policies and purposes of this chapter. The Planning Commission and City Council may attach conditions to the variance. Variances from regulations not contained but required by this chapter, such as lot width or lot size, shall be reviewed by the Board of Zoning Appeals as required by this chapter.
(Ord. 390. Passed 3-6-01.)