| | | | | | | | | 
| Resolution | NO. 543 |
| | | |
| | | | | | | | | A Resolution seeking to approve Petition PSUP24-0002, a special use permit request for the expansion of an existing gas station at 1439 W Michigan Avenue in the B-1, Corridor Commercial District located at 1439 W Michigan Avenue Parcel #4000-00-036-0. | | | |
| | | | | | | | | BATTLE CREEK, MICHIGAN - 9/3/2024 | | | |
| | | | | | | | |
Resolved by the Commission of the City of Battle Creek:
That the Planning Commission has reviewed the petition from Walters Dimmick Petroleum/Urbandale Johnny’s for a special use permit for the expansion of an existing gas station in the B-1, Corridor Commercial District located at 1439 W Michigan Avenue Parcel #4000-00-036-0 as permitted by a special use permit under the City's Zoning Code, Chapter 1240, Section 1240.11 B-1, Corridor Commercial District and 1281.05 Special Land Uses.
The Planning Commission held a public hearing on this matter on August 28, 2024, and after due consideration, recommended that the Battle Creek City Commission approve the petition for the special use permit based upon the findings and conditions set forth in the attached report of the Planning Commission.
The Battle Creek City Commission having given its consideration to all information presented to it relating to said petition, adopts the finding and recommendations as set out in the report and supplemented by findings set forth on the record of this date which will be attached hereto, and does by way of this Resolution, approve Special Use Permit PSUP24-0002, for the expansion of an existing gas station in the B-1, Corridor Commercial District located at 1439 W Michigan Avenue Parcel #4000-00-036-0 finding that the general standards set forth in Zoning Code Section 1281.05 be satisfied by the completion and operation of the proposed development with the following conditions and /or restrictions:
1. All necessary approvals, including site plan review and any required permits shall be obtained if required by ordinance, and maintained if applicable, from the appropriate agencies, including but not limited to the State of Michigan, Department of Public Works, and Inspections Department prior to issuance of a Certificate of Occupancy.
2. Pursuant to Section 1281.02(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 Chief Building Official or their designee or agent. Such a certificate shall state that the new occupancy complies with all provisions of the Zoning Code.
3. Pursuant to Section 1281.05(5), certificates of occupancy for special uses shall be valid for a period established by the City Planning Commission or as long as the use is established and maintained in conformity with the plans submitted and approved. Special use permits shall expire after one year if the use is not under construction or operational. For good cause shown and upon written application, the City 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 September 3, 2024.
Victoria Houser
| | | |
| | | | | | | | | Battle Creek City Commission
9/3/2024
Action Summary | | | |
| | | | | | | | | | Staff Member: | Darcy Schmitt, Planning Supervisor | | Department: | Planning |
| | | |
| | | | | | | | | SUMMARY
| A Resolution seeking to approve Petition PSUP24-0002, a special use permit request for the expansion of an existing gas station at 1439 W Michigan Avenue in the B-1, Corridor Commercial District located at 1439 W Michigan Avenue Parcel #4000-00-036-0.
| BUDGETARY CONSIDERATIONS
| | None |
HISTORY, BACKGROUND and DISCUSSION
| The subject site is located at 1439 W Michigan Avenue between Bond Avenue and S Bedford Road. The applicant Walters-Dimmick Petroleum Inc. owns the property. It is zoned B-1, Corridor Commercial District which allows Automobile Service Stations as a Special Land Use (Section 1240.11). The subject site currently has a convenience store and eight fuel pumps under a canopy and a commercial building used to house Speed’s Coffee.
The existing convenience store at 1439 W Michigan Avenue, built in 1987, is 3,192 sq. ft. The existing restaurant, built in 1955, is 4,593 sq. ft. The site includes three curb cuts on S Bedford Road, two curb cuts on W Michigan Avenue, and two curb cuts on Bond Avenue. In the current site layout, a guardrail and retaining wall separates the parking lot of the gas station and convenience store from the parking lot of the coffee shop/restaurant.
Prior to submitting the Special Use Permit application, the applicant combined Parcel IDs #4000-00-040-0 and #4000-00-036-0, as reflected in the provided site plans. The new parcel number will be #0135-25-000-0. The applicant has filed a Special Use Permit application to expand the current use of the subject property as an Automotive Service Station (i.e., a gas station) by increasing the number of gas pumps from eight (8) to sixteen (16). The application also proposes the replacement of the underground fuel storage tanks. To accommodate the additional services in the proposed site plan, the owner proposes to demolish the restaurant building located at the formerly known address 1423 W Michigan Avenue, existing fuel canopy, and existing convenience store to construct a new 5,454 sq. ft. convenience store and 1,246 sq. ft. Subway restaurant combined in a 6,700 sq. ft. structure, and fuel canopy with sixteen (16) gas pumps. Additionally, the applicant proposes to remove a curb cut and widen another on Bond Avenue. All other curb cuts on S Bedford Road and W Michigan Avenue will remain.
As stated previously, the property is currently operating as a gas station and convenience store and restaurant/coffee shop. The parcels were combined by the applicant in 2024, and both properties prior to their combination have been owned by the applicant since 1997 (Parcel ID #4000-00-040-0) and 2024 (Parcel ID #4000-00-036-0). The new gas station and convenience store would maintain its 24 hour, 365 days a year operating hour. The owners expect to add six (6) new employees to the existing 10-15 for a new total of 16-21 employees. If the Special Use Permit application is approved, the proposed use and structures align with the current use of the property as a gas station and convenience store.
| DISCUSSION OF THE ISSUE
|
| POSITIONS
| The proposed Special Use Permit would result in the continued use of the subject property as a gas station and a convenience store while doubling the number of gas pumps and adding a new Subway restaurant. As has been previously identified, the proposed expansion would assist the City in meeting Goals 2 and 4 of the adopted 2018 Master Plan. Additionally, it aligns with the 2018 Master Plan’s expectation for the future land use of the property.
There is an expected increase in utility use due to the expansion of existing gas services but there are no concerns with the increased use. |
| | | |
|