a) Consultation and Cooperation. Foster consultation and cooperation between property owners proposing to develop land and the City.
b) Balance Property Rights and Community Goals. Balance rights of the property owner with the development goals of the City and the rights of adjacent landowners.
c) Minimize Adverse Impacts on Investments of Surrounding Landowners. Minimize adverse impacts of development on the investments of surrounding landowners.
d) Minimize Impacts on Environment, Drainage, Soil Erosion, and Stormwater Control. Ensure site design minimizes negative impacts on the environment, drainage, soil erosion, and stormwater control.
e) Development Consistent With Surrounding Character and Goals of Comprehensive Plan. Ensure the arrangement, location and design of development is consistent with the character of the area and the goals of the Comprehensive Plan.
f) Minimize Impact on Roads. Ensure site design minimizes negative impacts on roadway capacity, the safety of motorists and pedestrians, utilities, and community facilities and services.
g) Safe and Efficient Circulation. Ensure safe and efficient circulation for motorized and nonmotorized traffic and pedestrians within and adjacent to sites.
h) Gradual Upgrade of Nonconforming Sites. Provide for the gradual upgrade of existing sites that do not conform with current standards.
i) Thorough Evaluation of Development. Ensure a thorough evaluation of development in relation to the goals of the Comprehensive Plan, with emphasis on preserving aesthetics, the environment, historic resources, property values, quality of life, and other public health, safety and welfare objectives.

2. Applicability. Unless exempted pursuant to § A-8.3H.3: Exemptions, prior to the development of any new use or structure, any change of an existing use of land, the expansion or conversion of any use or structure, or any other development activity, a site plan shall be approved pursuant to the procedures and standards of this section. Construction plans will not be reviewed or a construction permit issued until a site plan is approved pursuant to the procedures and standards of this section.
3. Exemptions. The following shall be exempted from the requirements of this section:

a) One- or Two-Family Dwelling. The development or expansion of a one-family or two-family dwelling unit.
b) Dwelling Unit in Mobile Home Park. Placement of a dwelling unit in an approved mobile home park.
c) Internal Construction Not Increasing Intensity or Parking Requirement. The internal construction or change in the floor area of a structure that does not increase gross floor area, increase the intensity of use or affect parking requirements on a site that meets all development and site design standards of this Ordinance.
d) Site Clearing Within Area Less Than 1/2 Acre. Grading, excavation, filling, soil removal, creation of ponds or clearing of trees within an area of less than 1/2 acre in size.
e) Temporary Uses. Temporary uses.
f) Minor Development or Expansion. Expansion or new structures up to and including 250 square feet in area.

4. Overview. Development for which a site plan is required pursuant to this section shall be subject to one of two processes: sketch plan review or full site plan review.

a) Sketch Plan Review. Sketch plan review is required of smaller sized development and development with potentially less impacts. Except for development in the CBTR District, it requires review and approval, approval with conditions or disapproval by the Site Plan Review Committee (SPRC). Sketch plan review in the CBTR District requires review and approval by the SPRC and review and final action by the Planning Commission.
b) Full Site Plan Review. Full site plan review is required of larger sized development, and development with potentially greater impacts. Except for development in the CBTR District, it requires review and approval, approval with conditions or disapproval of a preliminary site plan and then a final site plan by the SPRC. Preliminary site plan and then final site plan review in the CBTR District requires review and approval by the SPRC and then review and final action by the Planning Commission. The applicant may consolidate review of the preliminary site plan and final site plan. The preliminary site plan presents the proposed development concept with sufficient information to enable the review board to determine whether the concept complies with the review standards of this section. The final site plan requires submission of detailed information about the proposed development with exact dimensions, representing a firm commitment about development of the site.

5. Threshold for Sketch Plan Review and Full Site Plan Review. The thresholds for which type of development is subject to sketch plan review or full site plan review are set forth in § A-8.3H.5 (Table 8.3-2).
6. Procedure. The Planning Commission is responsible for approval of all site plans. However, for all zone districts other than the CBTR zone district, the Planning Commission may annually delegated authority to approve site plans to the Site Plan Review Committee. Such a delegation is currently in effect, and is reflected in the procedures below. In the event the Planning Commission does not delegate site plan approval authority to the SPRC for one or more district(s) in the future, site plan review procedures for such district(s) shall be governed by the provisions below applicable to the CBTR district.

a) Sketch Plan Review, Except in CBTR District. Sketch plan review shall follow the following procedure, except in the CBTR District.

1) Initiation, Submission and Review of Application. The procedures and requirements for initiation of an application for sketch plan review, the application contents, fees, application submission and sufficiency determination shall comply with the relevant requirements of § 8.1: General Provisions.
2) Initial SPRC review. Within a reasonable period of time after the application is determined sufficient, the Site Plan Review Committee (SPRC) shall review the application and prepare a written Staff Report on whether the application complies with the standards in § 8.3H.7: Standards. A copy of the Staff Report shall be provided to the applicant.
3) Plan Complies/Approve. If the SPRC finds the sketch plan complies with the standards in § A-8.3H.7: Standards, the sketch plan shall be approved.
4) Plan Not Comply/Applicant Opportunity to Modify. If the Staff Report identifies changes that need to be made to the sketch plan to ensure it complies with § 8.3H.7: Standards, the applicant shall submit a modified sketch plan addressing the required changes.
5) Action After Resubmittal. The SPRC shall review the sketch plan within a reasonable period of time after its resubmittal, and approve, approve with conditions or disapprove the application, based on the standards in § A-8.3H.7: Standards. If the sketch plan is not resubmitted within 60 days of the date the SPRC provides the applicant the Staff Report, the application shall be considered withdrawn.

b) Sketch Plan Review in CBTR District. The procedure for the review of a sketch plan in the CBTR District shall be the same as the procedure for a sketch plan established above (§ A-8.3H.6.a)), except that after the sketch plan is approved or approved with conditions by the SPRC, it shall be placed on the agenda of the next regularly scheduled Planning Commission meeting by the City Planner, along with a written report from the SPRC. At the meeting the Planning Commission shall review the sketch plan, the written report from the SPRC and all other relevant information and testimony, and approve, approve with conditions or disapprove the sketch plan based on the standards in § A-8.3H.7: Standards.
c) Full Site Plan Review, Except in CBTR District.

1) Preliminary Site Plan (optional).

(a) The procedures and requirements for initiation of an application for preliminary site plan review, the application contents, fees, application submission and sufficiency determination shall comply with the relevant requirements of § 8.1: General Provisions.
(b) Within a reasonable period of time after the application is determined sufficient, the SPRC shall review the application and prepare a written Staff Report on whether the application complies with the standards in § A-8.3H.7: Standards. A copy of the Staff Report shall be provided to the applicant.
(c) If the SPRC finds the preliminary site plan complies with the standards in § A-8.3H.7: Standards, the preliminary site plan shall be approved or approved with conditions.
(d) If the Staff Report identifies changes that need to be made to the preliminary site plan to ensure it complies with § 8.3H.7: Standards, the applicant shall submit a modified preliminary site plan or final site plan addressing the required changes.
(e) The SPRC shall review the preliminary site plan within a reasonable time after its resubmittal, and approve, approve with conditions or disapprove the application, based on the standards in § A-8.3H.7: Standards. If the preliminary site plan is not resubmitted within 60 days of the date the SPRC provides the applicant the Staff Report, the application shall be considered withdrawn.

2) Final Site Plan. The procedure for the review of a final site plan shall be the same as the procedure for a preliminary site plan established in § A-8.3H.6.a)1) of § A-8.3H: Site Plan. The final site plan shall be in substantial conformance with the preliminary site plan and comply with the standards in § A-8.3H.7: Standards.

d) Full Site Plan Review in the CBTR District. The procedure for full site plan review in the CBTR District shall be the same as the procedure for full site plan review established above (§ A-8.3H.6.c)), except that after final site plan is approved or approved with conditions by the SPRC, it shall be placed on the agenda of the next regularly scheduled Planning Commission meeting by the City Planner, along with a written report containing the SPRC's findings. At the meeting, the Planning Commission shall review the final site plan, the written report, and all other relevant information and testimony, and approve, approve with conditions or disapprove the plans based on the standards in § A-8.3H.7: Standards.

7. Standards. A site plan shall be approved upon a finding that:

a) Uses. The uses in the site plan comply with § 4.1: Use Table.
b) Zone District Use Standards.The development and uses in the site plan comply with § 4.2: Use-Specific Standards.
c) Site Configuration. All elements of the site plan are harmoniously and efficiently organized in relation to topography, the size, and type of the lot, the land use character of adjoining properties and the types and size of buildings, and are consistent with any adopted plans for the area and standards or guidelines for location of structures on the site.
 

     Site Plan Review
 

 

d) Not Adversely Affect Development or Improvement of Surrounding Property. The development proposed in the site plan does not adversely affect the normal and orderly development or improvement of surrounding property for uses permitted in § 4.1: Use Table.
e) Not Adversely Impact on Surrounding Land Uses and Zoning. The development proposed in the site plan is harmonious with, and not harmful or injurious to existing and planned future uses in the immediate area. The proposed development will be coordinated with improvements serving the subject property and with the other developments in the vicinity.
f) Design and Development Standards in Historic Districts and CCBI). The development proposed in a site plan located within local historic districts, other historically designated areas or within the CCBD district conforms to all applicable design and development standards.
g) Preservation of Historic Resources. The site plan demonstrates judicious effort to preserve and protect historic resources to the greatest extent reasonable, and the site plan meets all federal, state, and local regulations pertaining to historic resources.
h) Open Space. Open space is distributed and conveniently located physically with respect to the overall development, will be accessible to all residents of the development and is located to meet the needs of the residents or occupants. Open space shall be rationally coordinated with open space features of adjacent areas and enhance the natural features of the site.
i) Preservation of Natural Features. The site plan demonstrates judicious effort to preserve the integrity of the land, existing topography, natural features (i.e., slopes, woodlands, etc.) and natural drainage patterns. Regulated and nonregulated wetlands are preserved or modified in a legal manner.
j) Preservation of Woodlands and Trees. The site plan demonstrates judicious effort to preserve existing woodlands, understory, and individual quality trees to the greatest extent reasonable.
k) Greenbelts, Landscaping, and Screening. Proposed landscaping complies with the standards of § 6.2: Landscaping and Open Spaces, and all other applicable landscaping and screening requirements of the City. Greenbelts along public street frontage and buffer zones from adjacent zone districts shall be provided where required. Parking lot landscaping is provided as required in § 6.2: Landscaping and Open Spaces. The amount, type, and minimum size of landscaping shall be identified in a plant list with appropriate labeling on the landscaping plan.
l) Stormwater Management. Stormwater management is consistent with all federal, state and City regulations. The development will not substantially reduce the natural retention storage capacity of any watercourse, increase the potential for flooding, or increase the stormwater runoff from the site. Provisions are made to accommodate stormwater that complements the natural drainage patterns and wetlands, prevents erosion and the formation of dust. On-site storage, sedimentation ponds, or plantings may be required to reduce stormwater runoff or to filter stormwater so that it is of an acceptable quality when it returns to the aquifer. Vegetation (preferably vegetation native to Southwest Michigan) shall be used in the stormwater management system when feasible. Stormwater runoff on paved areas shall be collected at intervals not obstructing the flow of vehicular or pedestrian traffic, and will not create standing water or cause unnecessary erosion of soil or other material. The proposed development shall comply with the regulations of the City of Kalamazoo's "Performance Standards for Groundwater Protection within Wellhead Protection Capture Zones and Stormwater Quality Management."
m) Soil Erosion Control. The site plan is designed to meet or exceed all soil erosion standards and regulations of the City.
n) Traffic Impacts and Mitigation. The site plan is designed so the location and design of driveways are safe in relation to streets giving access to the site and in relation to pedestrian traffic. Traffic improvements shall be planned to accommodate the needs of the development proposed in the site plan.
o) Access, Internal Streets, and Circulation. The site plan is designed so safe, convenient and well defined vehicular circulation is provided within and accessing the site. Access to the site is designed to minimize conflicts between vehicles and pedestrians, and with traffic using adjacent streets and driveways. All streets and driveways are in accordance with the standards of the City. Service drives are provided where needed, and meet requirements of City regulations.
p) Nonmotorized Transportation and Circulation. The site plan is designed so safe and convenient pedestrian and bicycle circulation is provided within and accessing the site, according to the City's Nonmotorized Transportation Plan, including sidewalks, pathways, walkways, trails, bicycle routes and paths, sky-walks, and/or other nonmotorized transportation corridors. In accordance with Article 7: Parking and Loading Regulations of Chapter 50: Zoning, bicycle parking spaces shall be provided on all properties that are subject to the site plan review process.
q) Emergency Vehicle Access. The site plan is designed so adequate access is provided for emergency vehicles to the site and all buildings or groups of buildings.
r) Parking and Loading Spaces. The number and dimensions of off-street parking and loading/unloading spaces, and the design of parking and loading areas, comply with the requirements of Article 7: Parking and Loading Regulations of Chapter 50: Zoning. The site provides barrier free parking and access in compliance with all applicable federal, state and City regulations.
s) Waste Receptacles. Waste receptacles (e.g., dumpsters, compactors and individual recycle stations) proposed in the site plan comply with all appropriate City regulations and are screened pursuant to § A-6.3D: Screening of Waste Receptacles.
t) Exterior Lighting. Exterior lighting proposed in the site plan complies with § 6.6: Operational Performance Standards, and all other applicable City regulations. Exterior lighting is arranged so it is deflected away from adjacent properties and it does not impede the vision of traffic along adjacent streets.
u) Signs. Signage proposed in the site plan complies with Chapter 7: Signs, and is generally complementary with surrounding signage and does not impede adjacent traffic operations.
v) Storage of Potentially Hazardous Materials or Waste. Any uses in the site plan utilizing storing or handling of hazardous material provides secondary containment facilities and documentation of compliance with all appropriate state and federal regulations.
w) Utilities. The site plan provides adequate utility services. All new utility distribution lines (public or private) shall be placed underground, when feasible. Proposed utilities shall be approved by the City Engineer.
x) Groundwater Protection. The site plan is designed to comply with all applicable federal, state, and City groundwater protection requirements. The proposed development shall comply with the regulations of the City of Kalamazoo's "Performance Standards for Groundwater Protection within Wellhead Protection Capture Zones and Stormwater Quality Management."
y) Phasing. Any phases of development in the site plan are in logical sequence so that any phase will not depend upon a subsequent phase for adequate access, public utility services, drainage, or erosion control. The review board may require a phasing plan with each submittal.
z) Agency Coordination. The applicant has demonstrated the site plan meets the standards of other government agencies, where applicable.
aa) Site Development Standards. The development proposed in the site plan and its general layout and design comply with all appropriate standards in Chapter 6: General Development Standards.
bb) Other Relevant Standards of This Ordinance. The development proposed in the site plan and its general layout and design comply with all other relevant standards of this Ordinance, and is consistent with public health, safety, and welfare.

8. Conditions of Approval. The review body may, in approving the site plan, impose such conditions on the approval and the premises to be developed or used as is determined are required to ensure compliance with the standards of this section. Performance guarantees may be required to ensure completion of site improvements pursuant to § A-8.3H.9: Performance Guarantees.
9. Performance Guarantees.

a) General. The review body may require a performance guarantee to ensure completion of the site improvements (excluding building) for the site plan. The performance guarantee may take the form of a cash deposit, surety bond, certified check, or an irrevocable bank letter of credit.
b) Determination of Amount, Deposit and Rebate. The amount of the performance guarantee shall be determined by the City Engineer and the City Planner. The applicant shall deposit the performance guarantee with the City Treasurer prior to application for a construction permit. If the required improvements take longer than six months to complete, the City Planner shall authorize a rebate of any cash deposit in proportion to the amount of work that has been completed in accordance with the approved sketch plan or final site plan.

10. Record and Transmittal of Site Plan Approval. The grounds for the action taken on each site plan application shall be recorded in writing by the body taking final action on the site plan (sketch plan, preliminary site plan or final site plan). A copy of an approved sketch plan or final site plan shall be transmitted to the applicant, the City Planner, the Community Development Division, the Engineering Division and Public Safety by the Chairperson of the SPRC within two weeks of the date of final approval by the review board.
11. Effect of Sketch Plan or Final Site Plan. Approval of a sketch plan or final site plan, whichever is appropriate, authorizes the development approved, subject to any conditions of approval. A sketch plan or final site plan, including any conditions, shall run with the land and not be affected by a change in ownership.
12. Expiration. Approval of a sketch plan or final site plan, whichever is appropriate, shall become invalid at the end of one year after the date of its issuance if a construction permit for at least one building in the development proposed in the site plan is not approved. Permitted time frames do not change with successive owners.
13. Extension. Upon written request, one extension of six months may be granted by the body that approved the sketch plan or final site plan for good cause shown if a request for an extension is submitted prior to the expiration of the permit pursuant to § A-8.3H.12: Expiration.
14. Engineering Plans, Specifications, and Inspection. Subsequent to sketch plan or final site plan approval, and before any construction proceeds, complete engineering plans and specifications for construction of storm sewers and drains, sanitary sewers, water mains, driveways, roads and parking area improvements, all conforming to City standards, shall be submitted for review and approval by the City and, when required, by county and state agencies.
15. Modification of Sketch Plan or Final Site Plan During Construction.
It shall be the responsibility of the applicant to notify the City if changes to the sketch plan or final site plan are made during construction. If they constitute minor deviations, they are subject to review and approval, approval with conditions or disapproval by the City Planner pursuant to § A-8.3H.16: Minor Deviations. If they constitute amendments, they are subject to review and approval, approval with conditions or disapproval by the review board pursuant to § A-8.3H.17: Amendments.
16. Minor Deviations. Minor deviations from a site plan (sketch plan, preliminary site plan or final site plan) may be approved by the City Planner. All minor deviations shall comply with the minimum requirements of this Ordinance. All other modifications shall be considered amendments and shall be reviewed and approved pursuant to § A-8.3H.17: Amendments. Minor deviations shall consist of:

a) Minor Variations in Layout. Minor variations in the design layout of the development.
b) Residential Floor Area. An increase or decrease in residential floor area of 5% or less of the site plan.
c) Nonresidential Floor Area. An increase or decrease in commercial, industrial, institutional, semi-public, organizational and other nonresidential floor area of 5% or less of the site plan.
d) Finished Grades or Heights of Landscape or Screening Berms. Increases or decreases from the planned finished grades or heights of landscape or screening berms within two feet.
e) Trees, Shrubs, Ground Cover. Changes in the species, sizes of specimens or spacing of required trees, shrubs, or the type of ground cover to be used as designated on the site plan.
f) Finished Surface. Changes in the type of finished surface of walks, roads, drives, parking lots and loading and unloading paved areas.
g) Height. Increases in the height of buildings or structures by less than 10%.
h) Walls, Fencing, or Screening. Increases or decreases of the length or height of walls, fencing or screening by 20% or less.
i) Accessory Uses. Additions or deletions of permitted accessory uses to the approved principal uses designated on the site plan.
j) Right-of-Ways and Public or Private Easements. Additions, deletions or relocations of rights-of-way and public or private easements or adjustments to accommodate essential services for the proposed development or developments on adjacent properties.
k) Changes Due to Unforeseen Natural or Environmental Conditions or Natural or Constructed Features. Additions to accommodate changes due to unforeseen natural or environmental conditions or natural or constructed features e.g. underground water or geological features, existing structures and improvements and items of historical or other significance.

17. Amendments. A site plan (sketch plan, preliminary site plan or final site plan) may be amended only in accordance with the procedures and standards established for its original approval.
18. Property Maintenance. 

a) General. It shall be the responsibility of the owner of a property for which a sketch plan or final site plan has been approved to maintain the property in accordance with the approved site design on a continuing basis until new zoning regulations supersede the regulations upon which the approval was based, or until a new site design is approved pursuant to this section. This maintenance requirement includes healthy landscaping walls, fences, pavement, pavement markings, signs, building exterior, drainage facilities, and all other elements of a site. Any property owner who fails to maintain an approved site design shall be deemed in violation of the use provisions of this Ordinance and shall be subject to the penalties appropriate for a use violation.
b) Condominium Projects. With respect to condominium projects, the Master Deed shall contain provisions describing the establishment of a condominium association and the responsibilities of the condominium association, condominium owners, and public entities, with regard to maintenance of the property in accordance with the approved sketch plan or final site plan on a continuing basis. The Master Deed shall further establish the means of permanent financing for required maintenance and improvement activities that are the responsibility of the condominium association. Failure to maintain an approved sketch plan or final site plan shall be deemed a violation of the use provisions of this Ordinance and shall be subject to the penalties appropriate for a use violation.

19. Stop Work and Revocation. Work on an approved sketch plan or final site plan may be stopped or revoked by the review board that approved the site plan if construction or use is not in conformance with the approved plans. In such case, the site plan shall be placed on the agenda of the review board for consideration, and written notice shall be sent to the applicant at least 10 days prior to the meeting. If the review board finds that a violation exists and has not been remedied prior to the meeting, it may direct construction or use on the approved sketch plan or final site plan to stop until it can be brought into conformance with the approved sketch plan or final site plan. If construction or use continues that is not in conformance with the approved plan(s), the site plan shall again be placed on the agenda of the review board for consideration, and written notice shall be sent to the applicant at least 10 days prior to the meeting. If the review board finds that a violation continues to exist and has not been remedied, the review board shall revoke the sketch plan or final site plan and direct all construction or use on the approved sketch plan or final site plan to cease.