The provisions set forth in this overlay district are intended
to establish minimum requirements for access to property and other
elements of site design to improve safety and enhance aesthetics along
the M-24 corridor in the City of Lapeer. The purposes of these requirements
are to:
A.
Require greater front yard setbacks and landscaping, coordinated
signage and site layout and design, and buffered parking to foster
a planned character and to avoid a haphazard and sprawling appearance;
B.
Recognize that the proliferation of direct access into properties,
specifically high-traffic-generating nonresidential uses (such as
a gas station, fast-food restaurant, auto wash and similar uses),
has long-term traffic flow consequences, as it creates traffic conflict
areas due to a stream of slowing, stopping, turning, entering and
exiting vehicles;
C.
Provide for safe, efficient and continuous pedestrian accommodations
along M-24 and between properties abutting M-24;
D.
Minimize disruptive and potentially hazardous traffic conflict areas
by reducing the frequency of direct access points to M-24; and to
provide efficient spacing standards between access points and between
access points and intersections to separate conflict areas;
E.
Separate traffic conflict areas by requiring separation of direct
access points to M-24, and by encouraging and requiring consolidation
of existing direct access point when redevelopment is contemplated;
F.
Require or encourage, wherever possible, coordinated/shared access
among several developments or redevelopments;
G.
Provide reasonable access to properties, though the access may not
always be direct access; and
H.
Implement the recommendations of The Access Management Guidebook,
produced by the Michigan Department of Transportation in October 2001;
and the City of Lapeer Master Plan as it pertains to the M-24 corridor.
The provisions set forth in this article shall apply to the
whole of every existing and newly created parcel or property falling
within 660 feet of the M-24 state highway center line or which abuts
the M-24 state highway right-of-way within the City of Lapeer. The
regulations apply in addition to, and simultaneously with, other applicable
regulations in the Zoning Ordinance. The regulations of this section
shall be applied by the Department of Planning and Development and
the Planning Commission during the site plan review or other applicable
process. Where regulations of this section conflict with other applicable
regulations of the Zoning Ordinance, the most stringent requirements
shall apply.
A.
Parcels with access to the M-24 right-of-way shall be subject to
access approval from the Michigan Department of Transportation. Parcels
without direct frontage along the M-24 right-of-way, but falling within
660 feet of the M-24 right-of-way line, shall be subject to access
approval from the City of Lapeer with coordination with the Michigan
Department of Transportation. The City of Lapeer shall review the
access elements of a site plan and as appropriate shall coordinate
with the Michigan Department of Transportation prior to a final decision
on a particular site plan or development application. The City shall
not take action on an application without first consulting the Michigan
Department of Transportation.
B.
An applicant shall be required to secure applicable permits and other
applicable approvals from the Michigan Department of Transportation
and other entities in addition to receiving site plan and other applicable
approvals from the City of Lapeer.
C.
When site plan or other approval has been granted and an access permit
issued by the Michigan Department of Transportation, said plan of
access shall not be altered without a new application for access.
D.
Failure to begin construction within one year of the approval date
by the City shall void approval, and a new application process is
required.
E.
The City of Lapeer may require a letter of credit, bond, or cash
deposit in any reasonable sum for each approved access structure,
including, without limitation, driveways, shared service drives, etc.,
to insure compliance with an approved application. Such insurance
shall terminate and be returned to the applicant when the terms of
approval have been met or when authorization is canceled. The City
of Lapeer Engineer shall determine the amount. This financial guarantee
is not intended to duplicate the bond requirement of the Michigan
Department of Transportation when applicable.
F.
Except for shared driveways, existing driveways that do not conform to the requirements of this section shall be closed or modified to conform to this section when site plan approval is required by § 7-18.02. Provided, if the Planning Commission determines that existing site constraints would make conformance to this section unreasonable or impossible, the Planning Commission shall determine the extent of upgrades to bring the site into greater compliance with the requirements of this section. In making its decision, the Planning Commission shall consider the existing and projected traffic conditions, any sight distance limitations, existing access configurations, site topography, natural features, external and internal site circulation, recommendations from the Michigan Department of Transportation, and others as deemed appropriate. Required improvements may include removal or reconfiguration of one or more existing access points and establishing cross access to a neighboring property.
In addition to the submittal information required for site plan review in § 7-18.03, the following shall be provided with any application and illustrated on the site plan:
A.
Existing access points within 500 feet of the subject property's
boundaries on both sides of the M-24 frontage, and along both sides
of any intersecting roads where access is proposed.
B.
Dimensions between proposed and existing access points.
C.
Where shared cross access is proposed or required, a shared access
and maintenance agreement may be required for City review. It shall
include provisions for maintenance, legal descriptions of easements,
and other elements as may be required. Once approved, the agreement
shall be recorded with the Lapeer County Register of Deeds.
A.
Access for an individual parcel, lot or building site or for contiguous
parcels, lots or building sites under the same ownership shall consist
of either one single two-way driveway or a paired system wherein one
driveway is designed, and appropriately marked, to accommodate ingress
traffic and the other egress traffic.
B.
One driveway shall be permitted for each single-family residential
lot. Other uses shall be subject to the regulations of this section.
C.
For a parcel, lot, property or building site with frontage along
M-24 exceeding 600 feet, or where the subject property has frontage
on at least two streets, an additional driveway may be permitted,
if warranted. The City Planning Staff and MDOT officials will jointly
determine whether a traffic impact study should be submitted by the
applicant demonstrating that conditions warrant an additional driveway
and that all driveways meet spacing requirements. Where possible,
second access points shall be located on a side street or service
drive, or shared with adjacent uses.
A.
A driveway shall be located a minimum of 600 feet from any expressway
ramp.
B.
Minimum required spacing standards.
(1)
Driveways shall meet the minimum required spacing standards
listed below, based on posted speed limits along M-24, unless the
Michigan Department of Transportation approves less based on the land
use and restricted turns in the driveway design. The minimum spacing
requirements are measured from the center line of one driveway to
the center line of another driveway. For parcels or sites with insufficient
road frontage to meet the standards below, one of the following shall
be required:
(2)
The Planning Commission may grant temporary access approval until such time that minimum spacing requirements can be met, or alternative access meeting the requirements of this chapter is approved, per § 7-11.11.
|
Table 7.11.1: Driveway Spacing Requirements
| |
|---|---|
|
Source: MDOT, Traffic and Safety Division
| |
|
Posted Speed Limit
(mph)
|
Minimum Driveway Spacing
(feet)
|
|
25
|
130
|
|
30
|
185
|
|
35
|
245
|
|
40
|
300
|
|
45
|
350
|
|
50+
|
455
|
C.
Driveway separation from intersections.
(1)
Driveway separation from intersections shall be measured from
the center line of the driveway to the extended edge of the travel
lane on the intersecting street, as follows. For parcels or sites
with insufficient road frontage to meet the standards below, one of
the following shall be required:
(2)
The Planning Commission may grant temporary access approval until such time that minimum spacing requirements can be met, or alternative access meeting the requirements of this chapter is approved, per § 7-11.11.
|
Table 7.11.2: Driveway Spacing Requirements from Street
Intersections
| ||
|---|---|---|
|
Location of Driveway
|
Minimum Spacing for Full Movement Driveway
(feet)
|
Minimum Spacing for a Driveway Restricting Left Turns
(feet)
|
|
Along arterial or from another intersecting arterial
|
300
|
125
|
|
Along arterial intersecting a collector or local street
|
200
|
125
|
|
Along a collector
|
125
|
75
|
|
Along a local street or private road
|
75
|
50
|
D.
A driveway may not be permitted when offsets may result in left-turn
conflicts, as determined by the Planning Commission and/or the Michigan
Department of Transportation.
A.
There shall be a minimum of 27 feet of throat length for entering
and exiting vehicles at the intersection of a driveway and pavement
of the public road or service drive as measured from the pavement
edge. For driveways serving over 100 vehicles per peak hour (two-way
traffic volume) and for all driveways controlled by a traffic signal,
adequate throat length may be determined by a traffic impact study
financed by the applicant and as approved by the Planning Commission.
B.
Access design and construction standards shall conform to the requirements
of the Michigan Department of Transportation and the City of Lapeer,
as applicable.
C.
A five-foot-to-ten-foot-wide pedestrian walkway shall be integrated
into the site, as appropriate, so as to provide a continuous and safe
pedestrian linkage along M-24 and from M-24 to buildings. The Planning
Commission shall determine the proper placement and design of the
walkway feature. More than one walkway may be required per site.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Service drives are strongly encouraged and in some cases may
be required. The following provisions shall apply:
A.
A front or rear service drive may be required. The service road shall
generally be parallel to the front property line and may be located
either in front of, or behind, principal buildings and may be placed
in required yards. In considering the most appropriate location and
alignment for a service road, the Planning Commission shall consider
the setbacks of existing and/or proposed structures and anticipated
traffic flow.
B.
A minimum of five feet of landscaping/snow storage area shall be
reserved along both sides of a service drive. The Planning Commission
may adjust this standard, provided it finds adequate provision for
snow storage and green space.
C.
Service drive access shall be set back at least 30 feet from an intersection
of a public or private street right-of-way and the access drive to
the parcel. The service drive may curve and be parallel with the public
street and be located no less than 15 feet from the public or private
street right-of-way. The service drive shall not be established within
a public right-of-way, unless dedicated to and accepted by the applicable
public agency. A service drive shall be used for circulation and not
as parking, loading or unloading.
A.
Shared driveways are strongly encouraged and may be required.
B.
In cases where access is restricted by the minimum spacing requirements of § 7-11.06, a shared driveway may be the only access option permitted.
C.
The shared driveway shall be constructed along the midpoint between
the two properties unless a written easement is provided which allows
for traffic to travel across one parcel to another or otherwise access
the public street.
[Amended 12-19-2022]
A.
Internal vehicular circulation areas shall be designed to allow for
cross access to adjacent lots with multiple family, nonresidential
or mixed-uses.
B.
A stub for future cross access shall be provided from the vehicular
use area to all adjacent lots. Where cross access is deemed impractical
by the Planning Commission or Planning Department during Site Plan
Review or Administrative Review on the basis of topography, the presence
of natural features, or vehicular safety factors, the requirement
for cross access may be waived provided that appropriate bicycle and
pedestrian connections are made between adjacent developments or uses.
C.
A cross-access
easement shall be recorded with the Lapeer County Register of Deeds
prior to the issuance of a building certificate of occupancy for the
development.
An applicant for site plan or other approval that cannot meet
the access standards of this section and has no alternative means
of reasonable access to the public road system, as determined by the
Planning Commission, may be issued a temporary access permit. When
adjoining parcels develop which can provide a shared driveway, shared
access via a service drive, or a cross parking lot connection, the
temporary access permit shall be rescinded and an application for
an access permit consistent with the requirements of this section
shall be met.
[1]
Editor's Note: Former Sec. 7.11.12, Landscaping, was repealed
9-26-2013.
