Resolved by the Commission of the City of Battle Creek:
That the Planning Commission has reviewed the petition of the Gospel Baptist Church of Battle Creek requesting a Special Use Permit for a religious assembly use at 135 Hamblin Avenue, as permitted under the Planning and Zoning Code, Chapter 1290, Section 1290.01(b)(23), legally described as:
AC HAMBLIN ADD & SUB BEG NE COR OF LOT 122 - S 54° W 312 FT – S 35° 51’ E 24.73 FT – S 68° 54’ W 79.46 FT – N 35° 59’ W 454.38 FT – ELY 323.65 FT ALONG ARC TO RIGHT TO SWLY LI OF HAMBLIN AVE – S 70° 30’ E 224.82 FT – S 35° 52’ E 77.15 FT TO BEG, EXC BEG AT PT ON NLY LI LOT 127 DIST N 69° 25’ W 2 FT FROM NE COR SD LOT 127 – S 69° 25’ E 149 FT ALG NLY LI LOTS 127, 126, 125, 124 & 122 – S 34° 45’ E 77.33 FT ALG NELY LI LOT 122 – S 55° 15’ W 10 FT ALG SELY LI LOT 122 – N 10° 15’ E 5.93 FT - NWLY 212.75 FT ALG ARC OF CURVE TO LEFT (RAD 480 FT & CHORD BRG N 56° 43’ W 211.01 FT TO POB
The Planning Commission held a public hearing on this matter at their May 24, 2017 meeting, and after due consideration, recommended that the Battle Creek City Commission approve the petition for a Special Use Permit based upon the findings and conditions as set forth in the Basis for Determination outlined in the attached Report of the Planning Commission, Official Findings and Recommendations.
The Battle Creek City Commission having given its consideration to all information presented to it relating to said petition, adopts the findings and recommendations as set out in the Planning Commission Official Action Summary, as supplemented by findings set forth on the record this date which will be attached hereto, and does by way of this resolution approve the Special Use Permit S-02-17 for finding beyond a reasonable doubt that the general standards set forth in City Ordinance 1290.04 will be satisfied by the completion and operation of the proposed development with the following conditions and/or restrictions:
a. All necessary approvals and any required permits shall be obtained from the appropriate agencies, including but not limited to trade permits and inspections through the Inspections Department prior to Certificate of Occupancy. The special use permit shall expire within one year of final approval by the City Commission if approvals have not been granted or construction has not commenced.
b. The approval of the special use permit is based upon the contents of the submitted application. Any future proposed change must be reviewed with the Planning Department to ensure consistency with the approved special use permit, and may be subject to approval of a revision of the special use permit by the Planning Commission and City Commission.
c. Pursuant to Chapter 1232.01 (a), no change in the use or occupancy of land or in the use or occupancy of an existing building shall be made, nor shall any new building be occupied for any purpose, until a certificate of occupancy has been issued by the Zoning Administrator or his or her agent. Such a certificate shall state that the new occupancy complies with Building and Zoning Codes.
d. Pursuant to Chapter 1290.02 (e), certificates of occupancy for special uses shall be valid for a period established by the City Commission or as long as the use is established and maintained in conformity with the plans submitted and approved. Occupancy permits shall expire after one year if the use is not under construction or maintained. For good cause shown and upon written application, the Planning Commission may extend a special use permit for six months.
I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on June 20, 2017.
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Victoria Houser
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