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1999 Planning Board April-June FINAL
APPROVED MAY 4, 1999 with corrections on p. 12 as follows: Ln 4.58"Pos. 2.62"Mr. Miller SMITH Draft 043099 said we should send them copies of the minutes. Ln 9.31"Pos 2.15"Mr. Miller SMITH said every Approved 059499 time. . .they do not get a vote. To Clerk 050799 Minutes of the Regular Meeting LANSING PLANNING BOARD 7 P.M., City Council Chambers �- Tenth Floor, Lansing City Hall 124 West Michigan Avenue ' Tuesday, April 6, 1999 1. OPENING SESSION: v Chairman Ruge called the meeting to order at 7.03 p.m. A. Roll Call. Present: Frederick, Goolsby, Keene, Miller, Nischan, Smith; Ruge. Seven members present; one vacant seat. B. Excused Absences: None. C. Introductions. Ms. Eleanor Love, Planning Manager, introduced staff present, Jim Sturdevant, Senior Planner, and Louise H. Christian, Recording Secretary. 2. APPROVAL OF AGENDA - An amended agenda was approved as presented. 3. COMMUNICATIONS A. Letter April 1, 1999 to Lansing Planning Board from Mary Addison and Peter Kakela RE- Z-4-99, 3425 East Saginaw Street, "F" Commercial and "J" Parking Districts to "F" Commercial District, in opposition. B. Letter March 31, 1999 to Planning Office from John and Virginia Glasheen RE: Z-4-99, in opposition. C. Petition from Harvard Road/Cowley Street Residents RE: Z-4-99, signed by 13 people, in opposition. 4. HEARINGS A. Z-4-99, 3425 East Saginaw Street, "F" Commercial and "J" Parking Districts to "F" Commercial District Mr. Sturdevant presented the case, a request by Patrick Maloney representing the owner, Don Herro, to rezone the northeast corner of the property located at 3425 E. Saginaw, currently zoned "J" Parking District, from "F" Commercial and "J" Parking to "F" Commercial District. The applicant proposes to replace the existing Big Boy Restaurant with a Walgreens Drug Store. The "J" Parking District restricts the portion of the site that is buildable. The Northeast Area Comprehensive Plan designates this area for commercial development. PLANNING BOARD MINUTES APRIL 6, 1999 PAGE 2 Mr. Ruge voiced concerns about a driveway just to the north of the property, and about screening and buffering required in a commercial area. At the northeast corner of the site, at the edge of the driveway, there is a large area of trees and shrubs and a dumpster that screens the view from the northeast. Mr. Sturdevant explained that it is not adjacent to residential zoning. We can require screening of the dumpster and landscaping of the parking lot and around it in the site plan review process. Because it does not abut a residential area, the code is not a lot of help. PATRICK MALONEY, KATZ AND KATZ, WALGREENS' DEVELOPER, if you have questions. There are no Walgreens open at present in Lansing. DAVID FOX, 1433 HARVARD, EAST LANSING, REPRESENTING HARVARD-COWLEY NEIGHBORHOOD ASSOCIATION, EAST LANSING, in opposition. The neighborhood has had a prolonged fight against the spread of commercial along the northwest corner of Saginaw Street and Coolidge. The northwest corner is zoned commercial, where the old Livestock Exchange used to be. The owners want to expand the commercial district throughout the whole corner. We are afraid that any upgrade of commercial zoning on the Big Boy site would only add to the momentum to commercialize the strip farther east on Saginaw across Coolidge. MDOT does not allow a left turn on Coolidge northbound when you are eastbound on Saginaw. Some people wanting to turn the corner, when the left turn to northbound Coolidge was eliminated, would proceed east, turn north at Cowley Road, and left again on Harvard, then right northbound on Coolidge. This made our neighborhood an on-ramp for northbound Coolidge. For the past three years, City Council has had a temporary blockade to stop cut- through traffic. It has worked for us, but the people in the next block down are getting the cut-through traffic, and they have appealed to the City Council. We are afraid the blockade may not be permanent, and we would definitely become a permanent on-ramp to the new Walgreens. I have suggestions if you do rezone this. The site plan does close off two driveways on Saginaw Street. This might help MDOT reconsider the left turn lane, which they don't want because they say there is not enough space to back cars for the left turn lane. If the two driveways are closed, they may think there is enough space there to allow the left turn to go north on Coolidge. It would be to Walgreens' benefit for MDOT to reconsider this left turn northbound onto Coolidge. The other concern is, if you do get onto northbound Coolidge, there are four lanes, two northbound and two southbound. The two lanes southbound have to turn either right onto westbound Saginaw or left onto eastbound Saginaw. There is no cutting across there at Coolidge. My concern is, if cars are turning left onto Coolidge from the south and trying to turn left onto the access into PLANNING BOARD MINUTES APRIL 6, 1999 PAGE 3 Walgreens, the left lane of the two northbound lanes backed up a lot. I suggest you work with the East Lansing to see if we can get a left turn lane there into the Walgreens. It would make sense to institute a left turn into the Walgreens store. My other suggestion is the crosswalk at Coolidge and Saginaw. If you are walking west into Lansing from East Lansing, the crosswalk lines go directly into the telephone pole. The pole location should be changed and sidewalks put in along the southern property line. Regarding the dumpster, the current site is unsightly, unattractive, and unsatisfactory, though they do have bushes and trees around it. We get their refuse blown into our yards on a day with wind from the southwest. We would hope Walgreens would hide it behind the place, or within the structure. We hope you will take signage into consideration, the amount of light and the height of signs. We would prefer to see the rezoning not take place. It will add more traffic, congestion and confusion to an already difficult site. Walgreens should find another site easier to get in and out of. Thank you for inviting our East Lansing neighborhood. Seeing no one else wishing to comment, the Chairman declared the hearing for Z-4-99, 3425 East Saginaw Street, "F" Commercial and "J" Parking Districts to "F" Commercial District closed and the case referred to the Zoning and Ordinance Committee. Mr. Miller remarked that our intent is to meet during the recess to take up Z-4-99. 6. COMMENTS FROM THE AUDIENCE (3 minutes each) - None. 7. RECESS -The Chairman declared a recess to allow the meeting of the Zoning and Ordinance Committee. 8. BUSINESS SESSION A. Minutes for Approval: No minutes for approval. B. Committee Reports 1. Committee of the Whole - 2. Zoning and Ordinance Committee - Mr. Miller, Chairman. a. SLU-21-98, 700-708 E. Oakland, Residential in "I" Heavy Industrial District This case remains tabled in committee, awaiting receipt of a Baseline Environmental Assessment. b. Z-4-99, 3425 East Saginaw Street, "F" Commercial and "J" Parking Districts to "F" Commercial District A public hearing was held this evening. Staff further discussed the request in terms of traffic. To some degree, this facility PLANNING BOARD MINUTES APRIL 6, 1999 PAGE 4 would provide a better traffic pattern with traffic spread out through the day. There is less potential for conflict during breakfast-lunch-dinner hours when traffic is heavier; also, there is opportunity to close some of the entrances and improve traffic flow in the area. It was also noted that trash will be on the opposite side of the building and well-screened from residential areas. Overall, the site plan was considered to be consistent with the comprehensive plan and surrounding land use. Staff recommended approval, as did the Zoning and Ordinance Committee, on a unanimous 3-0 vote. Mr. Miller made a motion, seconded by Mr. Goolsby, based on testimony, evidence and the staff report, a copy of which is attached hereto and made a part thereof, to recommend approval of Z-4-99, 3425 East Saginaw Street, from "F" Commercial and "J" Parking Districts to "F" Commercial District. PLANNING BOARD ACTION on the report was as follows. Mr. Frederick said one thing discussed in committee was that residents of East Lansing have had traffic problems with people cutting through their neighborhoods, and his suggestion was that directional signs be placed on an island in E. Saginaw or in another appropriate place to direct people to make a left on Coolidge and to get up to the entrance of the proposed site easier than having to deal with turning left on East Saginaw, or dealing with MDOT to get them to put in a new left turn lane, although that may be a possibility. Mr. Goolsby remarked that this site is basically already zoned commercial, and the request will permit a better design for the site. Mr. Frederick said, about the landscape, screening and buffering requirements of the Zoning Code, that he wants Mr. Ruff's opinion regarding these requirements for the site plan development. Frederick . . . . . . . . . . . . . . . . . . . . Ave Goolsby . Ave Keene. . . Ave Miller. . . Ave Nischan . . . . . . . . . . . . . . . . . . . . . Ave Smith . . . . . . . . . . . . . . . . . . . . . . . . . Ave Ruge . .Ave On a Roll Call Vote, there were: Ayes: 7; Nays: 0; unanimous; Z-4-99, 3425 East Saginaw Street, "F" Commercial and "J" Parking Districts to "F" Commercial District, was APPROVED. Next meeting would be held just prior to the Board meeting in two weeks. We do not anticipate having to meet on Wednesday, April 14, 1999. PLANNING BOARD MINUTES APRIL 6, 1999 PAGE 5 3. Urban Development Committee - Mr. Nischan a. Neighborhood Enterprise Zones Proposal The Neighborhood Enterprise Zone Act was enacted by the Michigan State Legislature to give incentives to residential home owners for home rehabilitation and for new construction projects. It allows the City to offer tax abatements on certain approved sites. Boundaries are subject to review by resolution of the Planning Board. The proposal before us is to propose boundaries for two additional neighborhood enterprise zones, because we already have four. Two specific areas were discussed. It was moved by Ms. Keene, seconded by Mr. Ruge, to recommend adoption of the resolution; carried unanimously. Mr. Nischan made a motion, seconded by Ms. Keene, to recommend adoption of the resolution and its findings to support the Neighborhood Enterprise proposal, Exhibit D, as proposed. PLANNING BOARD ACTION on the motion was as follows. It was the consensus of the Board to clearly identify the boundaries of the zones, that the tentative boundaries described in Exhibit A for the zones be duplicated from the NOW THEREFORE BE IT RESOLVED paragraph and reiterated in Exhibit D between the second and third WHEREAS paragraphs. The proposal would be to recommend Sample Resolution D with the addition of the specification of the boundaries of the two sites borrowed from Exhibit A. The friendly amendment was accepted by both Mr. Nischan and Ms. Keene. On a Voice Vote, there were: Ayes: All; Nays: 0; carried unanimously, the Neighborhood Enterprise Zones Proposal with revisions as above was APPROVED. b. Act-31-98, 223 W. Howe, Duffy Drain, Vacate W. Portion of Easement The applicant, who wants to build a house, is requesting that the City vacate a portion of the Duffy Drain Easement (30 ft x 101 ft in size) to permit placement of a single family residence on a lot of record. The Duffy Drain Easement is 100 ft wide and covers approximately the east 50 ft of the applicant's property. The Public Service Department wishes to retain the easement for future CSO work, but is willing to permit vacation PLANNING BOARD MINUTES APRIL 6, 1999 PAGE 6 of the westernmost 10 ft wide strip of the easement on the applicant's property. Staff recommended approval of Act-31-98, 223 W. Howe, Duffy Drain, Vacate West Portion of Easement. The Urban Development Committee convened at 6.45 p.m. tonight to discuss Act-31-98, which was tabled at the last Committee meeting. Mr. Nischan removed the item from the table discussion. The Public Service Dept. has provided a memo approving vacation of the westernmost 10 ft of the easement. In Committee, it was moved, seconded and unanimously approved, 3-0, to recommend approval of Act-31- 98, 223 W. Howe, Duffy Drain, Vacate West Portion of Easement. Mr. Nischan made a motion, seconded by Ms. Keene, to recommend approval of Act-31- 98, 223 W. Howe, Duffy Drain, Vacate West Portion of Easement. PLANNING BOARD ACTION on the motion was as follows. On a voice vote, there were: Ayes: Seven; Nays: None; carried, unanimous; Act-31-98, 223 W. Howe, Duffy Drain, Vacate West Portion of Easement was APPROVED. C. Act-2-99, Saginaw and Clippert, Easement Description Correction This is a request by Professional Easement Association (PEA), to correct an existing sanitary sewer easement located in the most northerly part of the Frandor Shopping Center. The developer is requesting that the City correct the easement description to reflect the actual as-built location of the drain. Based on a review of the location, character and extent of this proposal, staff recommends approval of Act-2-99, Saginaw and Clippert, Easement Description Correction, in accordance with the specifications of the Board of Water and Light and the Department of Public Service. In Committee, based on a review of the location, character and extent of the proposal, it was found that the utility easement correction is necessary due to the actual as-built location of the drain. PLANNING BOARD MINUTES APRIL 6, 1999 PAGE 7 In Committee, it was moved, seconded and carried unanimously (3-0) to recommend approval of Act-2-99, Saginaw and Clippert, Easement Description Correction, in accordance with the specifications of the Board of Water and Light and the Public Service Department. Mr. Nischan made a motion, seconded by Mr. Smith, to approve Act-2-99, Saginaw and Clippert, Easement Description Correction. PLANNING BOARD ACTION on the motion was as follows. The request is to correct the as-built description of the easement. The Board noted that the drain placement will not change. On a Voice Vote, there were: Ayes: Seven; Nays: None; unanimous; carried; Act-2-99, Saginaw and Clippert, Easement Description Correction, was APPROVED. d. Act-4-99, Jolly Road Improvements The Public Service Department is requesting that intersections on Jolly Road, at Collins and at Pinetree Roads, be widened. These intersections need widening at these two locations to allow a wider turning radius for trucks. Currently, the trucks are driving over the curb and/or swinging into the other traffic lane to make the turn. The two intersections of Jolly/Collins and Jolly/Pine Tree Roads are located at the east end of Jolly Road as it exists in the City of Lansing. The centerline of Jolly Road is the city limit. Pine Tree Road, located in Delhi Township, is an Ingham County road would have to be acquired by the City if the City wishes it to be widened. No sidewalk exists along Jolly Road at the Collins Road intersection. A sidewalk does exist at the Pine Tree Road intersection which will have to be removed and relocated to accommodate the proposed widening project. Staff recommends that the request by the Public Service Department that the City acquire land for improvements to Jolly Road at Collins Road and at Pinetree Road be approved, reserving appropriate easements as necessary and that City street trees be planted as required by the City Forester. PLANNING BOARD MINUTES APRIL 6, 1999 PAGE 8 The Committee, in a review of the location, character and extent of the proposal, found that 1. The land to be acquired is necessary to allow for the widening of the two intersections for a greater turning radius to accommodate turning movements of trucks. 2. The acquisition of additional land and the two street widenings will neither change any existing land use pattern, nor will they change the traffic circulation pattern. They will increase the turning radius for vehicles making turns from Collins Road to travel west on Jolly Road and from Jolly Road southbound onto Pine Tree Road. In Committee, it was moved, seconded, and carried unanimously, 3-0, to recommend approval of Act-4-99, Jolly Road Improvements Mr. Nischan made a motion, seconded by Mr. Smith, to recommend approval of Act-4-99, Jolly Road Improvements, subject to reserving appropriate easements as necessary and that City street trees be planted per the requirements of the City Forester. PLANNING BOARD ACTION on the motion was as follows. Miller. . . Ave Nischan. . Ave Smith. . . Ave Frederick . . . . . . . . . .. . . . . . . . . . . . Ave Goolsby . .Ave Keene . . . . . . . . . . . ... . . . . . . . . . . . Ave Ruge . Ave On a Roll Call Vote, there were: Ayes: 7; Nays: 0; unanimous; carried; Act-4-99, Jolly Road Improvements, subject to reserving appropriate easements as necessary and that City street trees be planted per the requirements of the City Forester, was APPROVED. Next meeting Tuesday, April 13, 1999, at 4 p.m., Department Conference Room, 316 N. Capitol Avenue. 4. Executive Committee - Has not met. C. Report from the Planning Manager. The Housing Market Analysis kick-off meeting will be held on Thursday, April 8, 1999 at 7 p.m. at Eastern High School in the Social Room. This is a City- PLANNING BOARD MINUTES APRIL 6, 1999 PAGE 9 wide function, and Planning Board members are invited to attend. The announcement was made at the City Council meeting last night. We invited neighborhood associations, realtors, and a variety of builders and home builders associations.. Ms. Love said she has copies of urban design guidelines, provided by Jim Sturdevant, from three communities, Madison, Indiana; Burlington, Iowa; and Sparta, Wisconsin. Mr. Sturdevant will provide more copies for board members. We have a legal advertisement in the Lansing State Journal for the Act-1-99 public hearing to be held on April 20, 1999, a request by the City of Lansing to vacate the 800 Block of S. Pine Street, the 800 Block of S. Division Street and the 400-1000 Blocks of William Street. Planning Board members will be receiving a preliminary report from Ms. Love providing information concerning the case for the meeting of April 20. It is a request to increase the flexibility of an industrial site and allow for better arrangement of buildings on that site. The streets only serve the existing user of the site. "If there are no substantive concerns expressed at the public hearing, I would request action by the Board the same evening." We have had a request from the Lansing Community College Board of Trustees for a three-week extension for providing written comments to the Planning Board on the Central Lansing Comprehensive Plan. It would be May 4 before they would have any comments. That would be the next Planning Board meeting after April 20. It would not give the Board much time to review their comments if they were considerable. "This would push your date to May 18 for approval of the Plan." Mr. Smith said LCC had a person on the Steering Committee representing the College. The Planning Board had two public hearings. A Lansing Community College Board of Trustees member spoke at the presentation on April 20. The deadline was announced. Mr. Miller said it will be May 4 before we take the final vote. Ms. Keene agreed with Mr. Smith. They have had opportunities for input, but she would compromise. Mr. Nischan agreed. Mr. Nischan made a motion, seconded by Ms. Keene, to extend the deadline by one week for receipt of comments from Lansing Community College on the Central Lansing Comprehensive Plan to accommodate their request. PLANNING BOARD ACTION on the motion was as follows. PLANNING BOARD MINUTES APRIL 6, 1999 PAGE 10 On a voice vote, there were: Ayes: Seven; Nays: None; unanimous; carried; the motion to extend the deadline by one week for receipt of comments from Lansing Community College on the Central Lansing Comprehensive Plan to accommodate their request was APPROVED. D. Pending Items: Future action required. 1. Planning Board a. Z-25-97, 300 Blk. S. Butler, W. Side, "C" Residential to "D-1" Professional Office District(Tabled January 6, 1998) 2. Zoning and Ordinance Committee a. Z-19-97, N.W. Cor. Cavanaugh & Aurelius, "F" Commercial to "G-2" Wholesale District(Tabled October 15, 1997) a. Z-1-98, 1223 N. Turner St., "H" Light Industrial District to "G-1" Business District(Tabled February 11, 1998) b. Z-3-98, 1131 & 1133 Race Street, "H" Light Industrial to "G-1" Business District(Tabled April 15, 1998) C. Z-4-98,201 E.Grand River, "F-1" Commercial &"H" Light Industrial Districts to "G-1" Business District(Tabled June 10, 1998) d. Z-5-98, 401-407 E. Grand River, "F" Commercial District to "G-1" Business District(Tabled June 10, 1998) e. Z-8-98, 208 E. Grand River Avenue, "F-1" Commercial to "G-1" Business (Tabled August 12, 1998) Urban Development Committee a. Act-19-98, 120 E. Shiawassee Street, Fire Station#1, Market/Sale for Mid- Rise Residential with Building Preserved b. Act-21-98, Ingham Regional Medical Center, Replacement Sign in S. Pennsylvania ROW(Tabled September 8, 1998) C. Act-26-98, E. St.Joe,Vacate-Cherry to Grand. d. Resolution to support the establishment of proposed Neighborhood Enterprise Zones, Request from Patricia A. Cook, EDC Manager Chairman Ruge asked, regarding Item a, about the date when Act- 19-97 was tabled. (NOTE: The date was July 28, 1998). Chairman Ruge also inquired about Item b, Act-21-98, Ingham Regional Medical Center, Replacement Sign in S. Pennsylvania ROW (Tabled September 8, 1998). Ms. Love said the sign is nonconforming. Their choices are that they can leave it the same size or put it back on their own property. Ms. Love thought we had dealt with this, but she will check. Ms. Love said Item c, Act-26-98, E. St. Joe Vacate - Cherry to Grand, has been withdrawn. Item d, Resolution to support the establishment of proposed Neighborhood Enterprise Zones, Request from Patricia A. Cook, EDC Manager, has been acted on and will be removed from the Urban Development Committee Pending Items. Mr. Miller said that SLU-21-98, 700-708 E. Oakland, Residential in "I" Heavy Industrial District should returned to Zoning and Ordinance Committee pending items. PLANNING BOARD MINUTES APRIL 6, 1999 PAGE 11 Mr. Frederick said, regarding Z-19-97, a letter was to be sent to Mr. Solomon to ask him to withdraw the item. Now the corner has a "For Sale" sign on it stating it is zoned Commercial. "Presumably, he is resigned to the fact that it is going to remain commercial." 8. NEW BUSINESS - None. 9. COMMENTS FROM CHAIRPERSON Mr. Ruge, who will be out of town for the April 20, 1999 meeting, requested an excused absence. Mr. Nischan made a motion, seconded by Mr. Goolsby, to grant an excused absence for Mr. Ruge; Voice Vote; Ayes: All; unanimous; carried. 10. COMMENTS FROM BOARD MEMBERS Mr. Goolsby mentioned a Lansing State Journal editorial regarding the Central Lansing Comprehensive Plan. It focused on the economic marketing plan, which has nothing to do with the Plan. It is part of information that goes along with the Plan. They are never here to know what is going on. When the Plan is passed, we should send them a note detailing that. Mr. Nischan said, on the heartening side, people like Mr. Leeman thanked us for our work, and other people have spoken specifically to the content of the plan. Most frequently, what has been frustrating and disheartening has been people taking negative positions on generic concepts which aren't even in the Plan. It would be useful for us to think of ways of coping with knee-jerk negativism. One perception that drives it is that it is a political process, but actually it is not. If we receive negative comments, we should ask for specific positives. It would be nice if we could get people to do that. Mr. Smith said when people come to comment, they assume that board members are either elected or paid. They ask when are you going to address the needs of the people. The general public must recognize that every board is made up of citizens voluntarily giving their time. Part of our reason for being here is to give that citizen's point of view. The public needs to be educated about that fact. Ms. Love said she would like members to keep that in mind when we begin to have our Executive Committee meetings again, because this is the kind of thing that we need to talk about before we embark on the next master plan studies. How do we format the plan, and the process. Both of those things are incredibly important in making sure people.understand. Right now it is a very misunderstood process. That makes our role more difficult. Ms. Keene asked if the State Journal invited anyone from the Planning Office, or the Planning Board to come over for questions or an interview about the Master Plan in preparation for their editorial? Ms. Love said no. They focused on one of PLANNING BOARD MINUTES APRIL 6, 1999 PAGE 12 the least important statements in the entire plan. When I went to the PSD Board meeting a couple weeks ago, I prefaced my remarks by saying "If you get nothing out of this plan, get the idea that we want more residential development to support the business and entertainment uses." The Journal got the idea: "We've got to have more menus." If the Board wishes, I could develop a letter rebutting the editorial and stating the high points of the plan. Mr. Frederick said he would appreciate something being said to them because another thing they said was the Plan should find ways to get people to live downtown and patronize the downtown businesses. Had they been here tonight, they would have heard about the process of making it easier for development of second floor lofts on Washington. While that isn't exactly part of the Central Lansing Downtown Plan, it is part of our overall plan and part of downtown and in keeping with what they wanted us to do. They need to be taken to task for ignoring these meetings. There is never a reporter here. Mr. MillerSmith said we should send them copies of the minutes. Then they could not say they weren't informed. Mr. Nischan said we need to rely on our dominant newspaper to promote and support the revitalization of Lansing, rather than being argumentative, and ask them what they would need to get on a positive footing with the revitalization of downtown Lansing. They may say, we really just want to take potshots. I would at least like to have them say yes or no to joining the partnership. They don't have to agree with everything in the Plan--we don't all agree with everything in the Plan, but we do have a consensus that Lansing is beginning the process of revitalization, and it can be made into an absolutely wonderful city. To do that, we need everybody pursuing the same goal; declare yourself and decide where you are going to be. That is what I would like to do--say we want you on board as a partner with the private and public sector and existing coalitions; join as supporters of our goals, if not for a specific plan. Could somebody who is tactful and thoughtful and knows them well be willing to work out a letter? Mr. Nischan made a motion, seconded by Mr. Frederick, that Ms. Love write a letter to the editorial staff of the State Journal to be signed by Mr. Ruge indicating that the Planning Board is working for a positive Lansing. PLANNING BOARD ACTION on the motion was as follows. Mr. Nischan said every time people mention the Mayor, City Council and staff, he emphasizes that they do not get a vote. Only Planning Board members get to vote on it. This is not a politicized process. That is why it is important that the letter come from the Chairman. Mr. MillerSmith said it should be emphasized that the Board is made up of citizens who volunteer their time, are not paid, and are not elected. PLANNING BOARD MINUTES APRIL 6, 1999 PAGE 13 On a Voice Vote, there were: Ayes: All; Nays: None; motion that Ms. Love write a letter to the editorial staff of the State Journal to be signed by Mr. Ruge indicating that the Planning Board is working for a positive Lansing was APPROVED. Mr. Miller suggested that Lansing Business Monthly also be contacted. Many people do read it. Mr. Frederick suggested that the Planning Board minutes be put on the City's Web site. Mr. Miller complimented staff on the wellhead protection grant. The DNR sent out awards yesterday to the Board of Water and Light and the City of Lansing for their wellhead protection grant. They worked cooperatively with Lansing Township, Delhi Township, Delta Township, Tri-County Regional Planning. They will receive the grant to look at abandoned well programs, at a zoning ordinance for the region for wellhead protection and drinking water protection. It sets up the region nicely for money coming under the Clean Michigan initiative to plug abandoned wells. The staff did an excellent job of that, and it supports some goals of the Board. Ms. Love said it is a good way of getting a review of our ordinance for site plan review for wellhead protection and getting suggestions from a consultant for what changes we could make in the ordinance to make wellhead protection a viable part of our ordinance. We applied for only $40,000 this year; we were eligible for up to $70,000. You have to finish what you say you are going to finish. We are working cooperatively with the three townships, and we are sharing money cooperatively. Lansing Township and the City of Lansing are the only two that applied for money this year. Next year we will apply for some more, and Delta will apply for some. We will have a constant stream of money for a fairly long time to identify abandoned wells, and to cap them. Ingham County is estimated to have 4,000-5,000 abandoned wells, with probably 1,000 to 2,000 in the City. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS - None. 12. ADJOURNMENT was at 9 p.m. Respectfully submitted, Eleanor K. Love, Secretary Planning Board mn04O699 aA49 Z-4-99 3425 E. Saginaw Street "F" Commercial and "J" Parking to "F" Commercial District GENERAL INFORMATION APPLICANT: Patrick Maloney 3175 Commercial Avenue Northbrook, IL 60062 STATUS OF APPLICANT: Owner by option. OWNER: Don Herro 3425 E. Saginaw Street Lansing, MI 48512 REQUESTED ACTION: Rezoning from "F" Commercial and "J" Parking to "F" Commercial District LOCATION: 3425 E. Saginaw, north-west corner Saginaw & Coolidge EXISTING LAND USE: Big Boy Restaurant PROPOSED LAND USE: Walgreens Drug Store EXISTING ZONING: "F" Commercial District and "J" Parking District PROPERTY SIZE & SHAPE: approximately 1.28 acres. SURROUNDING LAND USE: N: Commercial; multi-family residential S: Commercial E: Office, Commercial; residential W: Commercial SURROUNDING ZONING: N: "F" Commercial & "DM-3" Residential S: "132" Retail Sales Business District, City of E. Lansing E: "RV Low Density Single-Family Residential and "B1" General Office Business District, City of E. Lansing W: "F" Commercial & "J" Parking District MASTER PLAN DESIGNATION: The Northeast Area Comprehensive Plan designates the subject property for commercial development. Z-4-99 3425 E. Saginaw Street page 2 "F" Commercial and "J" Parking to "F" Commercial District SPECIFIC INFORMATION DEVELOPER'S PROPOSAL: The applicant proposes to rezone the northeast corner of the property which is currently zoned "J" Parking District, because the "J" District restricts the portion of the site that is buildable. AGENCY RESPONSES: ASSESSOR: No Comments - BOARD OF WATER AND LIGHT: No response received yet. BUILDING SAFETY: The Building Safety Office has no objection to the proposed rezoning. The resulting construction will be subject to the City's site and plan review process. Additional information pertaining to the permitting process may be obtained by contacting Christine Segerlind at 483-4381. CONSUMERS ENERGY: No response received yet. E. LANSING: No response received yet. FIRE MARSHALL: No response received yet. MI DEPT. TRANSPORTATION: No response received yet. PUBLIC SERVICES : Public Service Engineering has no objections to the proposed action. Saginaw is MDOT trunkline and any proposed changes to driveways and traffic patterns should be provided to MDOT for review. We reserve the right to review plans through the normal site plan procedures. TRANSPORTATION: The Transportation and Parking Office has reviewed the subject request and has the following comments: 1) The current driveway near the intersection of Saginaw and Coolidge must be closed due to its proximity to the intersection. 2) The Transportation and Parking Office reserves the opportunity to further review and Z-4.99 3425 E. Saginaw Street page 3 "F" Commercial and "J" Parking to "P Commercial District comment during the site plan review process. 3) It appears that the rezoning can proceed with the proper advance planning and design considerations. If you have any additional questions, please feel free to contact me. Description of Site The property is currently a restaurant with the associated parking lot. There are presently several access driveways from Saginaw Street, and the site's parking lot is connected with adjacent parking lots to the north and west. The access to Coolidge Street appears to be through a driveway on adjacent property to the north. The current restaurant building has associated with it an old "drive-up" canopy that is now just used for parking. There is a landscaped area in the north-east corner of the property near Coolidge Street. ANALYSIS COMPLIANCE WITH THE MASTER PLAN The Northeast Area Comprehensive Plan, Future Land Use Map, designates this area for commercial development. COMPATIBILITY WITH SURROUNDING LAND USE Surrounding land uses are a mixture of commercial, office, and multi-family residential. There is a well established residential neighborhood to the north-east along Harvard Road. Essentially, rezoning of this property will continue a pre-established pattern of commercial properties facing East Saginaw Street with residential properties buffered from the main roadway by the commercial establishments. The development as shown on the proposed site plan may not provide sufficient landscaping, screening, and buffering for the nearby residential uses. Typically, these issues are addressed in the site plan review process that occurs before building permits are issued for construction. Staff thought it prudent to raise this issue so future expectations regarding intensity of the site's development are not miss-represented. IMPACT ON VEHICULAR AND PEDESTRIAN TRAFFIC The proposed development is not large enough to have a major impact on traffic on E. Saginaw Street. However, turning movements into and out of the site are a concern. The proposed site plan actually proposes to decrease the number of curb-cuts onto Saginaw Street, potentially improving traffic circulation patterns on the adjacent roadway. The potential new curb-cut onto Coolidge Street would be adjacent to the Z-4-99 3425 E. Saginaw Street page 4 "F" Commercial and "J" Parking to "F" Commercial District existing curb cut that is currently shared between the two properties. This potential problem will be addressed during the site plan review of the proposed new building. ENVIRONMENTAL IMPACT Staff anticipates none. IMPACT ON FUTURE PATTERNS OF DEVELOPMENT This proposal is a continuation of redevelopment of the previously established commercial corridor in the vicinity of the Frandor Shopping Center. The largest impact is not the development of the subject property specifically, but that redevelopment of this site is a part of the overall redevelopment. Development of the new facility will be reviewed during the site plan review process to mitigate any potential impacts on nearby commercial and residential properties. RECOMMENDATION Staff recommends approval. Respectfully Submitted, Jim Sturdevant, AICP Senior Planner Z-4-99.FE.wpd �> > >o o� .���'�CtitSii[Siitldadd anniind�+� �Hdw c � ® o �R�1A�,�]#l�A ��i�►� ' yqA.� AA �R i�iQa= flf'Ifl�1V, '1MC HHHHPIN H Nell © Ei: AOAN1�lANi= s>G z� z= =z13, �_ 'GFi E _ : �r M�Wy:1ny4�Yi1l1Mkl►I �IMIiI���i�l�il� � I �, deeesp o� ni =A 9 o mo no a oo"4a oo eoeeoad I = � � �a� n � ®�► z� o Mgt �,O..OQQ.Asa'�eo zhgtii�ih►y/��;F� ,� �C��t'r rQ �� �� gin ir �� �000'O��v tee# ✓� .� `�.�� � vi �o y'a•i �L � -tZ RI`�A!�R�igy�� :rrhr:�arrrrr r�rr �����- S��P Z-4-99 3425 E. Saginaw Street y 869.0 le,86 4 If F511 1` ari'arr� rtirr DR 865.0 � C PARKING v/ 87Q •,.. 8715 WALL fro tell r 860 r PARKING C 1721 F/ 11-20-•1g98 3,56PM FROM WM. PAVLECIC ASSOC. 312 922 1314 P• 2 • �ropo�cQ S,fe P�� .� f 71.661 - (A rAvi1 25' REAR BLDC.-SETBACK_ _ 'SCE4bdo 10 cc ! €af •� J 1 i oe 1, i � r � \� r p rn rri rVI • 1 � 1 r 20' FRONT BLDO. SETBACK —.r...... •a, C � � j • . .— — � lily 161.89' I . � = NEW 36' OE !� OWE •---Of ----_------------J z i� � —• . ----••...—• .—.• •— CFNTERUNE --FMD �3 C 0 0 L I D G. E R D. co ; P y Act-31-98 Vacate Portion of Duffy Drain @ 223 W. Howe Street GENERAL INFORMATION APPLICANT: Patrice Giles 406 Allen Street Lansing, MI 48912 LOCATION: 223 W. Howe (see Figure 1, Area Map) EXISTING ZONING: "A" Residential District REQUESTED ACTION: Vacate portion of drain easement to permit placement of single family residence EXISTING LAND USE: Vacant residential lot PROPERTY SIZE: Lot is 120 feet wide by 101 feet deep: portion of drain easement requested to be vacated is 30 feet by 101 feet SURROUNDING LAND USE: N: Single Family Residential S: Single Family Residential E: Single Family Residential W: Single Family Residential SURROUNDING ZONING: N: "A" Residential District S: "A" Residential District E: "A" Residential District W: "A" Residential District MASTER PLAN DESIGNATION: The Northeast Area Comprehensive Plan, Future Land Use Map, designates this area for residential development at zero to seven units per acre. AGENCY REFERRALS: ASSESSOR: No comments. BUILDING SAFETY: No objection to proposal. INGHAM CO. DRAIN COMM- No response received. PUBLIC SERVICES: The Department has reviewed the request for the Act-31-98 Vacate Portion of Duffy Drain page 2 @ 223 W. Howe Street vacation of 30 feet of the Duffy Drain Easement which lies on 223 Howe St. This area is within Phase IV of the current CSO separation program. Phase IV is targeted for separation between 2003-2010. It is difficult to determine the needs, routing, and or easements which would be required for the proper separation and or future utility service for this area. It is too difficult to project that far into the future and predict these factors with a degree of certainty to be comfortable in vacating this easement. In addition, the Pubic Service Department has no record of where, relative to the description of the easement, the drain is located. Without a certified survey properly locating this drain within the easement, the Department can not certify that the City, as part of this action, may vacate the actual drain itself. Because of the reasons mentioned above, the Public Service Department would not recommend the vacation of the Duffy Drain Easement at 223 W. Howe Street. If you have any questions regarding this issue please do not hesitate to contact me at 4459. Review under Act 285 requires an assessment of the location, character, and extent of the property and its use. Location The subject property is located approximately 200 feet west of Turner Street on the south side of W. Howe Street on the City's north side. The Duffy Drain begins approximately 200 feet north of the subject property and runs in a southerly direction. (see Figure 1, Area Map). .The subject property is located in an existing single family residential neighborhood. Character The subject property is essentially a vacant single family residential lot that is 120 feet wide by 101 feet deep. The portion of the lot that is subject to the Duffy Drain Easement is approximately the eastern fifty feet of the property. The Duffy Drain Easement is 100 feet in width. The centerline of the easement intersects the southeast property corner of the lot and is approximately five feet east of the northeast property Act-31-98 Vacate Portion of Duffy Drain page 3 @ 223 W. Howe Street corner (see Figure 2, Site Plan). Extent The extent of the vacation requested is the west 30 feet of the easement as it intersects the applicant's lot. The actual portion of the easement that is essential for placement of the applicant's proposed single family residence is only three feet. The additional property is intended to accommodate off-street parking and driveway areas. ANALYSIS The actual Duffy Drain is an enclosed storm drainage system consisting of 18, 15, and 12 inch diameter pipes with depths ranging from two (2) to nine (9) feet. According to the Public Service Department, it is an active drain maintained by the City. It has a right-of-way of fifty feet on either side of the pipe centerline, or 100 feet total right-of- way width. In addition, the Public Service Department has no record of where within the easement the actual physical drain pipe is located, and therefore requested a certified survey of the drain to actually determine if the drain pipe would be affected by any proposed easement vacation. The subject property is suitable for residential development with the exception of the portion covered by the drain easement. The site is near the beginning of the drain easement, so the likely hood of the proposed vacation effecting the drain facility itself is small. However, the Public Service Department is concerned with the possibility of needing to use this easement for Combined Sewer Overflow (CSO) work in the future, and is therefore hesitant to relinquish rights to a 3,030 square foot piece of the easement. As a compromise, the Planning Staff has reached a verbal agreement with the Public Service Staff to narrow the portion of the easement vacation down to ten (10) feet from the requested 30 feet. This will still permit the applicant to place the home on the property, and retain 90 feet of easement width for future use by the City. Surface improvements, such as driveway paving, still could be placed in the easement area, but would be subject to removal if and when the City needed to place other utilities within the easement. SUMMARY The applicant is requesting the City vacate portion of the Duffy Drain Easement (30 feet by 101 feet in size) to permit placement of single family residence on a lot of record. The Duffy Drain Easement is 100 feet wide and covers approximately the east 50 feet of the applicant's property. The Public Service wishes to retain the easement for future CSO work, but is willing to permit vacation of a 10 foot wide strip of the easement on Act-31-98 Vacate Portion of Duffy Drain page 4 @ 223 W. Howe Street the applicant's property. RECOMMENDATION Staff recommends approval of Act-31-98, the request that the City vacate the west ten feet of the Duffy Drain easement on the applicants property. Respectfully Submitted, Jim Sturdevant, AICP Senior Planner March 31, 1999 ACT31--1.WPD NORTH rz'�vr'.- Area / /"P ACT-31-98 Vacate Portion of Duffery Drain at 223 W. Howe Street o a �6 ro Boz.G' v 07l I I I osl h I I I 101 I III I I 1 1121 131 141 15t 161 Oq( �� o 1 2 I 3 1 4 I I 5 1 6 7 8 I 9 10 11 I 12 VJ 222 1 2�G ,11 Zoe 146 /38 /30 0 W. N. LINE O.L1°A°'7 i H O t�Y 2 f 205 /47 15t A. V E iBo.28 i2o' OUTS �e � � N • �� � �8 � 'e 6 5 4 3 L11 N o 0 0 z 35� ,34t 31 321 31! z N 38o /Bo,Z/' \ ( 1 1 SO . � 800.z8' \ 0 o d 1 Q I so, soy , � 031 a � I� I GG' 800,z8' Y z' 0 j09u• � ` v� I t 0'1� ,off\ t Oq� `G� `\\ I 1 \�� `3� � �� 5'1 4 1 5i 6 1 7 6 9 to I I I i 12 13 4 16 ry B7.c � vr. c• :�' ar• Y=� .. 1 .. Ys' 3r' ar' � Yam' .. ya' �� 7asr• . A.Z.t Iry '2 9 2OM aDO Iy0 #a V /.�o �t4 11•1 �° W. JACK SON • �� NORTH � a r& 2 Jam" �7�� Ala 4 ACT-31-98 223 W. Howe Avenue Legal Description (as provided): The East 120 feet of the following described parcel: Commencing of the Southwest .corner of Cheryl Pork Subdivision; thence North 101 feet to the North line of Outlot A of Nearing's Subdivision; thence West 300.28 feet to the East line of Turner Street; thence South 101 feet; thence East to beginning; port of Section 4, T4N, R2W. City of Lansing, Ingham County, Michigan, according to the recorded plot thereof. ie r OUTLOT A HOWE AVENUE HEARINGS SUB MSION EDGE OF ASPHAL R300.28' 21 M 120.08 2( .00'"0 ^�O R buy I 17. o O 36 T) r,4 O r- p ` �c Cr iz %V r P LU = a 75.7, M180.21 m M&R120.00 Ul SOUTHWEST CO !ER OF CHERYL PAt / Dvi� �t posed �'45CK+PK-r lD7 �uJ10 2G ���ItZsX �Z/,Z9Alb a,&/ ��aZtW CPA50, NOTE: Oriveway/Parking Areas must be hard surfacer, with Portland Concrale or Bituminous Asphalt in 4wWrnance with Sections 1284 a 1286 of Y the City of Lansing Zoning Ordinance. (6.24.97) 30 Act-2-99, SE Corner of Saginaw and Clippert, Relocation of Utility Easement GENERAL INFORMATION APPLICANT: David Baumhardt, P.E. Professional Engineering Association, Inc., 2430 Rochester Court, Suite 100 Troy, MI 48083 STATUS OF APPLICANT: Represents owner Lansing Retail Center, LLC 31500 Northwestern Hwy., Suite 150 Farmington Hills, MI 48334 REQUESTED ACTION: Act 285 Review EXISTING LAND USE: Frandor Shopping Center EXISTING ZONING: "F" Commercial PROPOSED ZONING: No change. PROPERTY SIZE & SHAPE: 35+ acres SURROUNDING LAND USE: N: Restaurants/commercial businesses S: Commercial E: Ranney Park/Apartment Complex W: Lansing township SURROUNDING ZONING: N: "F" Commercial S: "F" Commercial E: "A" Residential W: Lansing township MASTER PLAN DESIGNATION: The NorthEast Area Plan designates this area for commercial. SPECIFIC INFORMATION The applicant, Professional Engineering Association (PEA), Inc. is proposing to relocate utility easements (See attached) at the southeast corner of Saginaw and Clippert to reflect the actual and proposed locations of water and sewer lines due to the expansion of a proposed retail establishment. ACT-2-99, SE Corner of Saginaw and Clippert, Relocation of Utility Easement, Pg. 2. AGENCY RESPONSES AMERITECH.- No response received yet. Assessor: No comments. BWL: See attached. Building Safety: No objection. City Attorney: No response received yet. Code Compliance: No response received yet. Development: No comment. Fire Marshal: Approved. Media One: No response received yet. MDEQ: No response received yet. Parks and Rec.: Does not impact park operations. Police: No response received yet. Public Service: See attached Trans. Engr.: No comments. ANALYSIS An Act 285 Review is conducted when the City purchases, sells or substantially changes the use of property. According to Section 125.36 of Act 285, PA 1931, as amended, the character, location and extent of the proposal must be evaluated. The following is a review of the project in accordance with the standards of the Municipal Planning Act (P.A. 285). ACT-2-99, SE Corner of Saginaw and Clippert, Relocation of Utility Easement, Pg. 3. BACKGROUND Frandor Shopping Center is in the process of renovating the mall. As part of the redevelopment process, some of the existing development is being demolished and a new portion constructed. There will be a major improvement in the parking spaces and circulation of the mall. The property is zoned "F" Commercial District. The applicant, Professional Engineering Association (PEA), Inc. is proposing to relocate an existing utility (sewer) easement, which according to public service is required to be 40' wide. Also, there will also be a new easement for the sanitary sewer. LOCATION: Frandor Shopping Center is located at the southeast corner of Saginaw and Clippert Street and contains 35.81 acres. The surrounding uses consist of restaurants and other related commercial businesses to the north, to the west of the property is part Lansing township and other commercial uses. Ranney Park is to the east and Sears is to the south. The specific area for the relocation and new utility easements is in the most northerly section of the mall. The utility easement need to be relocated because of the 25' x 139.5' expansion to the east of the proposed "Michaels" retail establishment. CHARACTER.- The character of the area is commercial and the relocation of utility easements in the Frandor Shopping Center will have no adverse impact on the commercial character of the surrounding area. EXTENT: Since a building cannot be constructed on top of an utility easement (s), the utilities must be relocated. The proposed relocation of the utility easements is needed because of the expansion of the retail establishment. There is no negative impact associated with this Act 285 Review process. OTHER: A easement agreement must be maintained. According to Public Service, it is standard department policy that a sanitary sewer easement be executed for all new easements by the requesting party and PEA was provided the forms. ACT-2-99, SE Corner of Saginaw and Clippert, Relocation of Utility Easement, Pg. 4. SUMMARY Frandor Shopping Center is located at the southeast corner of Saginaw and Clippert Street and contains 35.81 acres. The specific area for the relocation and new utility easements is in the most northerly section of the mall. The relocation of utility easements will not have any impact on the commercial character of the area. The extent of this request is due to the of the expansion of the retail establishment. A easement agreement is required by the Public Service Department. RECOMMENDATION Based on a review of the location, character and extent of this proposal, staff recommends approval of Act-2-99, relocation of utility easements, in accordance with the specifications of the Board of Water and Light and the Department of Public Service. Report Prepared by DMW 3/99. SKETCH OF SANITARY SEWER EASEIA -= I-r TO BE VACATED N.E. CORNER SECTION 14 SAGINAW STREET T.4N.. R.2W. I I - I I P.O.B. OF PARCEI. I AS--SUfLT SAN. SEWER I � x I N Ckl:0 Icli I I � CL W III � Is IN I I CENTERLINE EX. SANITARY II S'f1HER EASFJr1EN I I I I _ I I I I II II I I I I "FRANDOR MALL" � I I I I I � I I _ PROFESSIONAL' GRAPHIC SCALE ENGINEERING 1" — 200' ASSOCIATES CLIENT. • 2430 Rochester Ct. Suite 100 LANSSNa RETAIL CENTER. LLG. SCALE 1 200 JOB N« 07011 Troy, Idl 400IS3-1872 Aa�1OTCH HLLi; �*p 4&334 DATE: 2-2-09 DWG. N« 7 � ) 688-9090 ��Imorr�prr-�u+ow PROPERTY LEGAL DESCRIPTION That part of the Northeast 1/4 of Section 14, T.4 N.. R.2 W., City of Lansing, Ingham County, Michigan, commencing at the Northeast corner of Section 14; thence along the North section line N 88011'55" W. 327.32 feet to the Northwest corner of the East 1/4 of the East 1/2 of said Northeast 1/4 of Section 14; thence along the West line of sold East 1/4 S 01049'44" W. 236.73 feet to the Point of Beginning: Thence continuing along the West line of said East 1/4 S 71049'44" W, 1458.63 feet; thence clang a line 850.00 feet Northerly of and parallel with the Northerly right-of-woy line of Michigan Avenue N 88'34'03" W. 979.53 feet to the centerline of Clippert Street; thence along sold centerline N 01'45'13" E, 1691.66 feet to the Southerly right- of-way line of Saginaw Street; thence along sold Southerly right-of-way line S 68'11'55' E, 466.54 feet: thence S 01'58'04" W, 176.16 feet; thence S 88'01'55" E. 278.00 feet; thence S 01048'42" W. 19.07 feet; thence S 88'01'56" E. 237.61 feet to the Point of Beginning, containing 35.5144 acres of land, more or less. LEGAL DESCRIPTION SANITARY SEWER EASEMENT NO. 1 A 20.00 foot wide easement for the construction, operation, maintenance and repair of a sanitary sewer over part of the Northeast 1/4 of Section 14. T.4 N.. R.2 W_, City of Lansing, Ingham County, Michigan, the center line of which Is described as commencing at the Northeast corner of Sectlon14; thence along the north section line N 88011'55" W. 327.32 feet; thence 5 01'49'44" W, 1444.45 feet to the Point of Beginning of such center line; thence N 89'25'12" W. 15.95 feet: thence S 55050'19" W, 48.17 feet; thence N 55'50'19" E, 48.17 feet; thence N 01053'26" E, 301.04 feet; thence N 01'40'05" E. 341.73 feet; thence N 01'47'33" E. 410.30 feet: thence N 60'33'04" W. 221.99 feet; thence S 23'18'28" W, 40.16 feet; thence N 23'18'28" E. 40.16 feet; thence N 16'33'44" W. 52.65 feet; thence N 00'51'52" E. 2.69 feet; thence S 00'51'52" W. 2.69 feet; thence N 87'53'17" W. 155.56 feet; thence N 80'48'38" W, 192:50 feet; thence S 19003'56" W. 74.90 feet; thence N 88'22'30" W. 212.22 feet to the Point of Ending. LEGAL DESCRIPTION SANITATRY SEWER EASEMENT NO. 2 A 20.00 wide easement for the construction, operation, maintenance and repair of o sanitary sewer over part of the Northeast 1/4 of Section 14. T.4 N., R.2 W., City of Lansing, Ingham County, Michigan, the center line of which Is described as commencing at the Northeast corner of Section 14: thence along the north section line N 88011'55" W. 327.32 feet; thence S 01'49'44" W. 1725.36 feet; thence N 89034'03" W. 946.53 feet to o point on the east right-of-way line of Clippert Street (66 feet wide); thence along said line N 01'45'13" E. 393.56 feet to the Point of Beginnin? of such center line; thence S 88'13'52" E. 355.06 feet; thence N 02029 05" E. 334.28 feet; thence N 52'00'23" E. 49.29 feet; thence N 01028'02" E. 399.99 feet to the Point of Ending. LEGAL DESCRPTION SANITARY SEWER EASEMENT NO_ 3 A 20.00 foot wide easement for the construction, operation, maintenance and repair of a vomitory sewer over part of the Northwest 1/4 of Section 14, T.4 N.. R_2 W., City of Lansing, Ingham County, Michigan. the center line of which is described as commencing of the Northeast comer of Section 14; thence along the north section line N 88'11'55" W, 327.32 feet; thence S 01'49'44" W. 1725.36 feet; thence N 88934'03" W. 946.53 feet to a point on the east right-of-way line of Clippert Rood (66 foot wide); thence along said line N 01'45'13" E, 5.68 feet to the Point of Beginninp of the centerline; thence S 88003'52" E. 4.79 feet; thence S 54'01 23" W, 6.06 feet: thence N 54001'23" E, 6.06 feet; thence S 88003'52" E, 310.38 feet; thence S 88026'28" E. 320.16 feet to the Point o Ending. PROFESSIONAL ENGINEERING ASSOCIATES aUENT: 2430 Rochester Ct. Suite 100 LANSING RETAIL CENTER, LL_C. SCALE 1"= 200' JOB No: 97011 Troy, Ni 48083-1872 31300 NORTHWESTERN HIGHWAY, SUITE 15a FARMINGTON wus, MOGFNCAN "33a DATE: 2-15-99 DWG. No: 2 of 2 (248) 689-9090 CY\07011\C2UT-s4M.0MV SKETCH OF SANITARY SEWER EASEMENTS SAGINA W STREET (M-43) N.E. CORNER NORTH SECTION LINE —� SECTION 14 T.4N., R.2W. R.O.W. S 01' 58' 04" W 1 76.16' — S 88' 7 1' 55" E 466.54, ���� N 88*1 1,55" W '� N 00051'52" 327.32' N 80048'38" ►M , 2.69 v r� 192.50' S 01'48'47" W r �r 56" E 19.07' �_ w S 19' pis..pis.. W S 82788.00' �` 74.94.90 In .P.O.B. OF PARCEL S 88001'S¢" E `1 N 87' 53' 17" W 155.56'� 237.61 N 600 33' 04" W N 88' 22' 30" W N 16' 33' 44" W 52.65' 221.99 212.22' S 23' 18' 28" W N 0 40.16' I[ ~ N 01' 47' 33" E 410.30' LL.1 CL- _ nd J rn U � " CN s c n cN O O CV c C. N O V) w N 01' 40' 05" E 341.73' �2 I.r N 52' 00' 23" E 49.29' O W L o N G; 20' WIDE CL 20' WIDE N r�i EASEMENT EASEMENT o M O ` N 01' 53' 26" E 301.04' —S 88'13'52" E 365.06'— a S 88' 03' 52" E' N 89 25' 12" W 15.96' 4.79' i / S ---; 'n N 01'45'13" E ~-S 54 6.06' 23" W,' 5.68' _ SEAS f 1EfJT''N7Ca:"1., a - S 55' 50' 19" W 48.17' L) -�- 88' 03' 52" E 310.38' S 88°26'28" E 320.16' ' ''N 88 34 03" w 946.53'` �. N E8' 34' 03" w 979.53' o zoo PROFESSIONAL loo .oa ENGINEERING GRAPHIC SCALE ASSOCIATES 1" 200' CUEM` SCALE: 1'a 200' JOB No: 97011 z4zso Roolivswr Cl- aWtt 100 LANSING RETAIL CENTER, L.L.C. Troy. Ul 48083-1872 315W NORTHWESTERN WOMWAY. SUITE 150 (248) 689-9090 rMWINGTON HgJX MICHIGAN 4a334 DATE. 2-15-99 DWG. No: 1 of 2 s�sw iNcsvr-s�uavwo LEGAL DESCRIPTION WATERMAIN EASEMENT NO. t A 12.00 foot wide easement for the construction, operation, maintenanco and repair of watermain over part of the Northeast 1/4 of Section 14, T.4 N.. R.2 W.. City of Lansing, Ingham County, Michigan. the centerline of which Is described an commencing at the Northeast corner of Section 14. thence along the north section line N 88'11 55" W, 327.32 feet; S 01'49'44" W, 236.73 feet; thence N 88'01'56" W, 61.31 feet to the Point of Beginning of the centerline; thence S 01'39'19" W, 85.93 feet; thence S 43'18'01" E. 38.07 feet; thence S 01*42*32" W, 220.17 feet; thence S 33015-02" W, 48.33 feet; thence S 01111*16" W. 236.35 feet; thence S 00009'49" E, 437.79 fact; thence S 19'32'03" E, 95.92 feet; thence S 01049'44" W. 338.43 feet; thence N 88734'03" W. 940.54 feet to the Point of Ending, LEGAL DESCRIPTION WATERMAIN EASEMENT NO. 2 A 12.00 foot wide easement for the construction, operation, maintenance and repair of watermain over part of the northeast 1/4 of Section 14. T.4 N.. R. 2 W., City of Lansing, Inhgcm County. Michigan, the centerline of which is described as commencing at the Northeast comer of Section 14; thence along the North section line N 68011 55" W 327.32 feet; thence S-01'49'44" W. 1725.36 feet; thence N 88.34'03" W. 979.53 feet to the centerline of Cllpport Street (66 feet right-of-way); thence N 01045'13" E. 364,.25 feet; thence S 88'13'52" E. 33.00 feet to the Point of Beginning. Thence continuing S 88'13'52"E, 364.26 feet; thence N 46'43'38" E. 14.00 feet; thence N 01'46'08" E. 831.12 feet; thence N 46'44'37" E, 49.11 feet; thence N 01'44'37" E, 451.38 feet to the Point of ending. - -•. - -•• LEGAL DESCRIPTION WATERMAIN EASEMENT NO_ 3 A 12.00 Foot wide easement for the construction, operation, maintenance and repair of watermain over part of the Northwest 1/4 of Section 14, T.4 N., R.2 W., City of Lansing, Ingham County, Michigan, the centerline of which Is described as commencing of the Northeast corner of Section 14; thence along the North section line N 88'11'55" W. 1276.10 to a point on the east right-of-way line of Clippart Road (66 foot wide); thence along sold line S 01'45'13" W. 54.30 feet to the Point of•Beginning; thence N 74003'20" E, 46.90 feet to the point of Ending. PROFESSIONAL ENGINEERING ASSOCIATES CLENT- LANSING RETAIL CENTER. L.L.C. scALl=: t"- 200' roe No: 97011 24 oy,30 MI �4808351872106 31500 NOR7 WESTERN HIGHWAY. SUITE 150 - (2, 889-9090 fARMINCTON HIU.S. ►ICHIGAN •e334 JDATE 2-15-99 DWG. No: 2 of 2 s:�so�t Vsrt-rv.mvc SKETCH OF WATER MAIN EASEMENTS SAGINA W STREET (M-43) N.E. CORNER NORTH SECTION LINE SECTION 14 7 - - - - _ 1276.10' _ _ 60.77' T.4N., R-2W. R_O_W. - -L &z04" W-176.16'/S 88° 11' 55" E 466.54' — �� _� N E8°11'55" W i 327.32' S 01048'42" WSEC. LINE 19.07' 01seO1° 45' 13"W\ E C"' N I 1^ P.O.B. OF PARCEL S 88°01 5¢ I- co�� 46.90' S 01°co 2Z7.61 ' N74° 20"E/ I 39' 19" W N 88° 01' 55" W fh\ .90 ° � 88.93, 61.31' R.O.W. rl S 43° 18' 01" 38.07' I N 460 44' 37" E I 0 49.1 1' S 010 42' 39" w-- 220.17' I S 330 15' 02" W F- I 48.33' ( / LLJ zo CL OI a; I I J I �I -s U l s 010 ill t 6" w I � as 236.35' m l.J LiJ I / co � - CD a, S 000 09' 49" E 0 0 437.79' I ti Z zl I I I l fR.O.W. I S 880 13i52_E 364.26' S 190 32' 03" E �! �N 460 43' 38" E 95.92' 14.00' M is10dd 33.00, W S 010 49' 44" W .338.43' I a I o I -N 88° 34'.03" LV 940.54' I Z _ — N 880 34' 03" W 979.53' oMimi.zoo PROFESSIONAL 100 4W ENGINEERING GRAPHIC SCALE ' Ill — 200' ASSOCIATES 7jF^RjUINQ70N SCALE: 1"- 200' JOS No: 97011 2430 Rochester CL Suite 100 RETAIL CENTER, LL.C. Troy. uI 48083-1872 W£STLRN HIGHWAY, SUITE 160 (248) 689-9090 HILLS. WICHIGM •a334 DATE: 2-15-99 DWG. No: 1 Of 2 R V7°t1�fsvT—NVJ)MC 5' 10'r n 25' 11 N 5'r 18. 107.67' 33.33' 12 60.13' L I 16' EXISTING of 18.5 25' 18.5' 18.5' 23' 18.5' 18.5' 38.1' 30LLERTS 15,000 S.F. o o i m ` o o SEE ARCHITECTURAL PLANS FOR EXACT BUILDING DIMENSIONS. 59.94' 5.67' 169.67' 25 I 12' ANOPY DUMPSTER - - — — — — AREA �n 30'r .1= N 20'r I --6 ;0 47.83' M MICHAELS _ s' S25' 23,669 S.F. 3 d 11.36' Typ' 0 23.93' CANOPY - �0 0 OVERHEAD DOOR 10 \y .00, J 169.67' o i LLvLl 5.00, 14.0' Q 59.66' 5' 7.22` HOBBY HUB of 5,600 S.F. R.D. 0 - - - - - - - - - - Z N EXISTING INTERNAL Q BUILDING LINE 0 2, HOLDEN p "2 R.D.9.2 , REID 11 ,200 S.F. R.D. F.F VARIES k4 8.36' N BROWN & BROWN 2,800 - - - - - - - - _ - j VA OCR 1 O SKETCH A JOB 1 1 CX(23) DATE: 12/1/98/98 SCALE 1"n50' CITY of LANSYl�T INTEROFFICE COMMUNICATION TO: Doris Witherspoon, Senior Planner FROM: Chad A. Gamble, Assistant City Engi - DATE: March 2, 1999 SUBJECT: ACT-2-99 Review Please find below the Public Service Comments regarding of the review of ACT-2-99 which was received by this office Monday February 22, 1999. The following comments are noted by the Public Service Department: • For clarity, one of the sanitary sewer easements is a relocation of an existing easement, all others are describing a new easement for sanitary sewer. • We require that the sanitary sewer easements be 40 feet in width as opposed to the indicated 20 feet. This width was requested in a memo dated March 9, 1998 from Ms. Lisa Schultz,. A copy of this memo is attached for your records. • It is standard Department policy that an sanitary sewer easement form be executed for all new easements by the requesting party. PEA was provided a copy of this easement foml and we request that they execute and return this form prior to accepting the easements (copy attached). The Department has been working with PEA Associates with regards to the description of these easements and we agree that this process will benefit both parties. Please do not hesitate to contact me at 4459 if you have any questions regarding the above comments. Thank you. C:\MyFiles\wp\STTEPLAN\act-2-99 respanse.mem.wpd r1 5 1 NC Public Service Department ENGINEERING DIVISION 732 City Men 124 W.Michigan Ave. Lanalnp.MI 48833 (617)483-4465 ,} P� FAX:(517)4a3-6082 7 HlG David C. Hollister, Mayor March 9, 1998 Mr. David Baumhardt, P.B. Professional Engineering Associates 2430 Rochester Court Suite 100 Troy, Michigan 48083-1872 RE: Frandor Mall Sewer Extension Dear Mr. Baumhardt: I have reviewed your plans for the proposed public sanitary sewer at the Frandor Mall property. Please change the size on the sanitary sewer main from a 10" to an 8". Remove the bulkhead and the temporary sump at proposed manhole #2. These will not be necessary, only an air test will be required. Please provide four sets of revised plan sheets C-1, C-6, C-7, C-8, C-9 and the sewer detail sheet. I will forward the plans and an Act 451 application to the MDEQ. The application needs to be approved prior to beginning construction. Also, a permanent sanitary sewer easement is required. It should be 40' wide and centered on the pipe. I have attached our standard easement agreement for your use. Please provide us with the signed easement prior to construction. The easement should also be shown on the as-built mylars after the project is completed. The mylars should show the plan and profile view of the sanitary sewer on the same 22"04" sheet. This is necessary for our record keeping system. If you have any questions, please call me at 483-4461. Sincerely, p�i_iZT S Lisa Schultz Project Engineer "Equal Opportunity Employer" WA31gl.1 GHT -ON BOARD OF WATER AND LIGHT MEMO February 26, 1999 TO: Doris Witherspoon, Senior Planner Department of Planning and Neighborhood Development 1 FROM: Rosemary Sullivan, Administrative Secretary N (517) 371-6034 RE: Southeast corner of Saginaw and Clippert Request by Professional Engineering Association, Inc. to relocate utility easements to reflect the actual and proposed locations of water and sewer lines due to the expansion of a proposed retail establishment. CUSTOMER PROJECTS Electric Electric easements to remain. No objection to relocate water and sewer easements ONLY. Contact Person: Lori Karazim 371-6639 Water OK to relocate utility easement. Owner to cover cost of main line relocation, water/hydrant, and service work as required. Contact Person: Tent' Robison 371-6494 PLANNING AND SYSTEM INTEGRITY WATER Relocation of water main and sewer lines must maintain a minimum of ten feet of horizontal and a foot of vertical separation. Contact Person: Randy Roost 371-6114 ENVIRONMENTAL SERVICES No comments on this transmittal. Contact Person: Gail Peterson 371-6366 cz-09-16A= TOTAL P.01 Act-4-98 Acquisition of Land for Jolly Rd. a@ Collins and Pinetree GENERAL INFORMATION APPLICANT: Michael Navabi Public Service Department City of Lansing STATUS OF APPLICANT: Director of Public Service Dept. City of Lansing REQUESTED ACTION: Act 285 Review EXISTING LAND USE: Vacant land along public right-of-way EXISTING ZONING: See attached maps PROPERTY SIZE & SHAPE: " SURROUNDING LAND USE: " SURROUNDING ZONING: MASTER PLAN: The Southeast Area Comprehensive Plan designates Jolly Road as a Minor Arterial and Collins Road as a Collector Street. SPECIFIC INFORMATION APPLICANT'S PROPOSAL: The City of Lansing proposes to acquire land for improvements to Jolly Road at Collins Road and at Pinetree Road. The Public Service Department has indicated that Jolly Road needs to be widened at these two streets to allow a wider turning radius for trucks. AGENCY RESPONSES: Ameritech: (No response received.) Assessor: 1. Michigan Association of Retired School Personnel (M.A.R.S.P.) parcel is in City, but the "Daniels" parcel is not. 2. Please send our office a copy of the deed, easement release-- whatever PLANNING BOARD PAGE 2 instrument there is-- as soon as possible after agreements are signed. Board of Water & Light: (No response received.) Building Office: (No response) City Attorney's Office: It is assumed that this Act 285 review is to establish the desirability of roadway expansion of R.O.W. and is not intended as action in the nature of condemnation of property as a method of acquisition. (Jack Roberts: 3/16/99) Development Office: (No response received.) Fire Marshal: (No response received.) Forestry Manager: When MARSP building was constructed it was agreed that when the road widening was completed they would plant trees on this section of land. Is the Public Service Department taking responsibility for planting those trees? The right-of-way being acquired at Pinetree Rd. is outside the City Limit. Is this land being annexed or will it be a holding of the Public Service Department located outside the City? Ingham Co. Drain Comm: (No response received.) Media One: Media One has fiber optic cable on north side of Jolly road and west side of Collins Road (see map). We would like future information on this project. (Kim Geisenhaver) MI DEQ: (No response received.) PLANNING BOARD PAGE 3 Parks & Recreation: Does not impact park operations and service (D. Schaefer). Public Service Dept. Public Service Department has no objection to the proposed action. Traffic Engineer: (per phone message 3/19/99): Recommends approval. ANALYSIS Evaluation Act 285 requires that the character, location and extent of requests involving the acquisition of land for additional public right-of-way be evaluated. Location The two intersections of Collins and Pine Tree Road are located at the east end of Jolly Road as it exists in the City of Lansing. Pine Tree Road however, is actually not within the city limits of Lansing, but in Alaiedon Township since the centerline of Jolly Road is the city limit. Character and Extent The acquisition of additional land to add to the public right of way to accommodate the two street widenings will neither change any existing land use pattern, nor will it change the traffic circulation pattern. It will increase the turning radius for vehicles making turns from Collins Road to travel west on Jolly Road and from Jolly Road onto Pine Tree Road. Both intersections are located in areas of office and commercial development, where truck traffic makes turns at these locations which are part of the City's truck route. No sidewalks exist along Jolly Road at these two intersections, and would not be required as a result of this request. PLANNING BOARD PAGE 4 Summary The request by the City's Public Service Department appears reasonable based on the review of the Character, Extent and Location of the proposal. RECOMMENDATION Staff recommends the request by the City's Public Service Department that the City acquire land for improvements to Jolly Road at Collins Road and at Pinetree Road be approved reserving appropriate easements as necessary and that City street trees be planted as required by the City Forester. Cf'�. cif ����,, Tr ��. �;, ; +ate,. , t , r;•t. FICt. t1,PA, � �. � � - ` ire■ [ ^�'�`'�r� �s."��� ��� t . '�•!�-- ... �- = !� FEE'...a_.�+: E � � 1 � �� � � r�;;�ter.■. ��'' .='�/;:���,.�, 1 �,.. ,��`i� r��r,� � __ ��■ � , ter+ �� -`may r°�■'--+���� — i�l��:=!_,Ll ���` � C: I I I IV I 1 1 I MICHIGAN ASSOCIATION OF I RETIRED SCHOOL PERSONNEL I 3301-36-354-001 I _ I M M c I � I COLLINS I ROAD I 15.240m 50' ROW 1 15.240m (50') ROW Ln d � Q I I zQ I PERMANENT EASEMENT REQUIRED I Q 1.829m (6') BY 40.535m (133') Y E I 11 O I E I I I I E N I of 1 I I of I CD \ I I LL I 1 f I 11'"- 1.829 lFi L� BIT APPR. I I I 00 Ln I I I _ I I I o ----- ----------- _ L- o ---- w= �= � �� I---1--+ (o/ Q o M I CD30( mm \ \- r7 0 1 - �--- - -- - - + F45F, 00 o Ln CD JE3- I �/J �_ _ - _ _ - y ---300mm STM 7 - INDICATES PERMANENT EASEMENT Mumm W - -_----- - --�— - - - +-- - - -I - CONC. m E PAVEMENTCD - 3 E I UR R ' - - - - - 21. m i � m E rh E E E R E E E o I Ln (�O coA � M OLo � l� M PERMANENT 04 R.O.W. REQUIRED I I OWNER: DANIELS, DANIEL 0.05(3 R.O. 4403 W CLEVELAND 3') TAMPA, FL. 33609 PINETREE 3305-02-200-021 i N N t� E N I m rn ' `.WICE d`"F INDICATES PERMANENT EASEMENT 101.498m (333') DESCRIPTION OF PE NENJ—Ea ME-N AT S.W. QUADRANT JOLLY ROAD AND PINE TREE ROAD. Legal Description of Property: 33-05-02-200-021 Corn at NE cor. of sec. 2, -S 01 DEG 32'20" E on E sec line 50.01 Ft to POB, -S 01 Deg 32' 20" E on E sec line 322 Ft, - S89 deg 37'08" W PLL to N sec line 333 Ft, -N 01 deg 32'20" W 322 Ft, -N 89 deg 37'50" E on S R/W line of Jolly Road. 333 Ft to POB. Sec. 2, T3N, R2W. 2.46 AC M/L. PERMANENT EASEMENT DESCRIPTION: Commencing at the N.E. corner of section 2, T3N, R2W; thence S 010 32' 20" E on East line of section 50.01 feet; thence S 89° 37' 50" W 33 feet to point of beginning of this description; thence S 01° 32' 20" E 73.33 feet along W R/W line of Pine Tree Road; thence N 370 24' 33" W 91.85 feet to the S R/W line of Jolly Road; thence N 89° 37' 50" E 20.83 feet along S R/W line to point of beginning, containing 0.0175 acres, more or less. 98259.53 SLU-21-98 700-708 E. Oakland Avenue Renovate existing industrial buildings for 50- 60 residential units GENERAL INFORMATION APPLICANT: Trooper Jake, LLC (AKA Harry Hepler) 734 May Street Lansing, MI 48906 REQUESTED ACTION: The applicant is requesting a Special Land Use permit (SLU) to renovate three existing industrial buildings for 50 to 60 residential units EXISTING LAND USE: Vacant industrial buildings; formerly the Lansing Pattern Shop LOCATION: South side of Sheridan Street/Oakland Avenue, west of the rail-road and north of the old Prudden Wheel building. EXISTING ZONING: "I" Heavy Industrial District PROPERTY SIZE: 3 acres SURROUNDING LAND N: Industrial USE: S: Residential Conversion of Industrial property E: Residential W: Commercial & Industrial SURROUNDING ZONING: N: "I" Heavy Industrial S: "I" Heavy Industrial E: "C" Residential District W: "H" Light Industrial District, "I" Heavy Industrial District MASTER PLAN DESIGNATION: The Northeast Area Comprehensive Plan designates the subject property for industrial and warehouse uses. AGENCY RESPONSES AMERITECH TELEPHONE: No response received. ASSESSOR: 1) How many of the parcels shown on the attached tax map are included in this plan? There could be as many as six at this time. It SLU-21-98 700-708 E. Oakland Avenue Page 2 Renovate existing industrial buildings for 50- 60 residential units is difficult to trace these buildings across so many property lines. 2) Will applicant be required to approach our office about combining any of these current parcels into a single description, or a split and combining of descriptions, etc. in the future. 3) With the grade separation, and Oakland Ave./M-43 in this locale as a viaduct; should these parcels be addressed of"E. Sheridan St", rather than "Oakland"? 4) This would be a good time to change the street name to something like Oakland Access or Oakland Service Road because Sheridan is already the name of another street at the north city limits. 5) With a history of industrial use, especially with chemicals and solvents, has a Baseline Environmental Assessment been conducted? ATTORNEY: No response received. BOARD OF EDUCATION (LANSING): No response received. BOARD OF WATER & LIGHT: Electri No comments. Wate No Comments on land use request. Need to know water service requirements. BUILDING SAFETY: The Building Safety Office performed a survey inspection on this building on September 11, 1998. When the inspection was made no use for the building was stated. The building appears to be in satisfactory structural condition. There is some evidence of water damage on the single story section as well as on the 3 story portion. The inspector could not ascertain the location of property lines, the location of property lines may affect fire ratings of exterior walls as well as the installation of opening protection or blocking openings. The use would entail major alterations which would trigger handicapped access to all levels. The inspection report indicated that the building is SLU-21-98 700-708 E. Oakland Avenue Page 3 Renovate existing industrial buildings for 50- 60 residential units equipped with a fire suppression system which will have to be maintained. The project will require the submission of construction documents sealed by a registered architect licensed in the State Of Michigan. The project will be subject to the city's site plan and building plan review process. Additional information pertaining to the above mentioned processes may be obtained by contacting Christine Segerlind at 483-4381 CATA: No response received. CONSUMERS ENERGY: No response received. DEVELOPMENT: No comment other than proposal is consistent with development of site. ECONOMIC DEVELOPMENT/TIFA: This letter is intended to voice the Economic Development Corporation of the City of Lansing's (EDC) support for the proposed special land use (SLU-21-98) at 700-708 E. Oakland Ave. by Mr. Harry Hepler. The proposed project is located in one of the City's New Construction Neighborhood Enterprise Zones (NEZ). As you know, the NEZ program is intended to encourage the construction and rehabilitation of residential units within the City. For this reason, it is the opinion of the EDC that the proposed Special Land Use is consistent with the City's development plans and goals for the NEZ areas and should be approved. If you wish to discuss this matter further, please contact me at 483-4140. Thank you for the opportunity to comment. FIRE MARSHALL: This proposal looks fine. LANSING NEIGHB'HOOD COUNCIL: No response received. NORTHTOWN NEIGHBORHOOD: No response received. SLU-21-98 700-708 E. Oakland Avenue Page 4 Renovate existing industrial buildings for 50- 60 residential units NLCA: No response received. OLD TOWN/MAIN STREET: No response received. MEDIA ONE: No response received. MI DEQ: No response received. MI DNR: No response received. MI DOT: No response received. PARKS AND RECREATION: Does not impact parks operation & services. LANSING POLICE DEPT.: Will the units be owner occupied or renter occupied? PUBLIC SERVICES : No response received. TRANSPORTATION: No response received. DESCRIPTION of SITE The 3 acre site is located on the south side of Sheridan Street, east of the CSX railroad, north of the Prudden Wheel redevelopment project, and west of Pennsylvania Avenue (See Figure 1, Area Map). Sheridan Street is a two-block long street that is a remnant left from the construction of Oakland Avenue. It begins where Oakland Avenue begins to curve north to go under the railroad bridge, and ends at northbound Larch Street. The site is characterized by three old industrial buildings which includes the former Lansing Pattern Shop property See (Figure 2, Proposed Development Plan). The largest of these buildings is situated adjacent to the south right-of-way line of Sheridan Street, is approximately 420 feet long, two stories tall, and varies in depth from fifty feet to two-hundred feet to the south. The other buildings are situated behind (south of) the first building: the largest of these is two stories, while the smaller building to the west is 1'/ stories. Because the site is essentially a complex of abandon industrial buildings, there is very little area of the lot that isn't covered by either building or parking spaces. APPLICANT'S PROPOSAL The applicant is proposing to renovate the three industrial structures and construct fifty to sixty residential dwelling units. The applicant has stated that most of these units will SLU-21-98 700-708 E. Oakland Avenue Page 5 Renovate existing industrial buildings for 50- 60 residential units be one or two bedroom units. In addition, while the applicant intends to prepare the site so that it may be subdivided and individual units sold as condominium units, the project will initially be for the rental market. The applicant has filed a request for review under ACT-285 for the vacation of the Sheridan Street right-of-way in front of the proposed project (see ACT-29-98). If granted, the additional right-of-way that the project will pick up will allow two advantages for the project: 1. it will permit additional off-street parking to serve the project; 2. and closure of the railroad crossing on Sheridan Street will reduce noise from the adjacent railroad facility. Access to the project will be entirely from Summit Street which is under construction as part of the Prudden Wheel redevelopment project. ANALYSIS for SPECIAL LAND USE PERMIT (SLU) Special Land Use Section 1282.03(f)(1)-(9) sets forth the criteria which must be used to evaluate a Special Land Use permit request. The criteria and evaluation are summarized as follows. 1. THE PROPOSED SPECIAL LAND USE WILL BE DESIGNED, CONSTRUCTED, OPERATED AND MAINTAINED IN A MANNER HARMONIOUS WITH THE CHARACTER OF ADJACENT PROPERTY AND THE SURROUNDING USE Actually, the project will be a significant departure from the current industrial character of the area, the industrial character of the Demmer Corporation facilities located north across Oakland Avenue, and the existing CSX Railroad facilities to the east. It will be consistent with the proposed Prudden Wheel redevelopment project, which is a mixture of commercial and residential uses, that was recently approved immediately south of the project, and will be more compatible than industrial development with the existing residential neighborhood to the east of Summit Street. Construction of off-street parking areas as shown on the proposed plan will be similar to,-and appear as an extension of, parking areas constructed on the adjacent property - to the south. The proposed closing of Sheridan Street east of the railroad tracks may significantly alter the existing character of traffic circulation through the business district. Traffic that now accesses the Fischer-Ross-Weighand property at 618 Sheridan Street would be forced to use Larch Street (which is one-way northbound), or cut through the redeveloped Prudden Wheel site on Summit and May Streets. SLU-21-98 700-708 E. Oakland Avenue Page 6 Renovate existing industrial buildings for 50- 60 residential units 2. THE PROPOSED SPECIAL LAND USE WILL NOT CHANGE THE ESSENTIAL CHARACTER OF THE SURROUNDING PROPERTY This proposal may effect the character of surrounding property to the west along Sheridan Street. The proposed closure of Sheridan Street, and the change in traffic patterns that would result, is potentially the primary cause of this impact. 3. THE PROPOSED SPECIAL LAND USE WILL NOT INTERFERE WITH THE GENERAL ENJOYMENT OF ADJACENT PROPERTY The single business located on Sheridan Street west of the railroad tracks may be affected because of the loss of access from westbound Oakland Avenue. Because of the previous approval of the Prudden Wheel redevelopment project, approval of this project will have very little interference with the general enjoyment of any of the other adjacent properties. 4. THE PROPOSED SPECIAL LAND USE REPRESENTS AN IMPROVEMENT TO THE USE OR CHARACTER OF THE SUBJECT PROPERTY AND THE SURROUNDING AREA IN GENERAL, AND WILL BE IN KEEPING WITH THE NATURAL ENVIRONMENT OF THE LOT The proposed project presents a continuation of a major land use change within this traditionally industrial area. The change to residential use, if done correctly, does represent an improvement to the character of the property. Most importantly, it is consistent with the previously approved Prudden Wheel redevelopment project. 5. THE PROPOSED SPECIAL LAND USE WILL NOT BE HAZARDOUS TO ADJACENT PROPERTIES OR INVOLVE USES, ACTIVITIES, MATERIALS OR EQUIPMENT WHICH ARE DETRIMENTAL TO THE HEALTH, SAFETY OR WELFARE OF PERSONS OR PROPERTY THROUGH THE EXCESSIVE i PRODUCTION OF TRAFFIC, NOISE, SMOKE, ODOR, FUMES OR GLARE Staff anticipates a reduction in impacts caused by traffic, noise, smoke, odor, fumes or glare. 6. THE PROPOSED SPECIAL LAND USE IS ADEQUATELY SERVED BY ESSENTIAL PUBLIC SERVICES AND FACILITIES AND IT IS DEMONSTRATED THAT THE PERSON RESPONSIBLE FOR THE PROPOSED SPECIAL LAND USE IS ABLE TO CONTINUALLY PROVIDE ADEQUATELY FOR THE SERVICES AND FACILITIES DEEMED ESSENTIAL TO THE SPECIAL LAND USE UNDER CONSIDERATION Public services to the site are adequate. The project is proposed to have its primary access drive form the newly constructed Summit Street on the east border of the project. In addition, as part of the Prudden Wheel redevelopment project, May Street will be reconnected over the CSX Railroad tracks to the east, providing and additional source of vehicular access from the east side to the west side of the railroad. SLU-21-98 700-708 E. Oakland Avenue Page 7 Renovate existing industrial buildings for 50- 60 residential units 7. THE PROPOSED SPECIAL LAND USE WILL NOT PLACE DEMANDS ON PUBLIC SERVICES AND FACILITIES IN EXCESS OF CURRENT CAPACITY With the construction of Summit Street, public services and facilities will be adequate. The Fischer-Ross-Weigand property at 618 Sheridan Street will still have access from northbound Larch Street, as this property has frontages on both Larch and Sheridan Streets. 8. THE PROPOSED SPECIAL LAND USE IS CONSISTENT WITH THE INTENT AND PURPOSE OF THE ZONING CODE AND THE OBJECTIVES OF THE CURRENT COMPREHENSIVE PLAN The Northeast Area Comprehensive Plan designates the subject property for industrial and warehouse uses. This proposal essentially creates an "overlay" in which residential uses are inserted into an industrial district. While the proposed plan indicates the proposed uses are intended to be entirely residential, it is possible, under the present zoning, that mixed uses could occur, including some unique "home occupation" arrangements. If it is the developer's intent to deed-restrict the project to entirely residential use, it may be viable, though not mandatory, to seek an amendment to the Master Plan and rezoning of the property for residential use. 9. THE PROPOSED SPECIAL LAND USE MEETS THE DIMENSIONAL REQUIREMENTS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED The "I" Heavy Industrial zoning district permits residential development, with approval of a Special Land Use Permit, if the proposed development meets the dimensional requirements of the "DM-4" Residential District. These dimensional requirements are 1,400 square foot of lot area for dwelling units that contain three or more bedrooms. If the entire property were developed with three bedroom units, the three (3) acre site could accommodate 94 residential units. The applicant is proposing fifty to sixty units, each with one or two bedrooms. In summary, the total number of units proposed is well below the number permitted by the current Zoning Code. The Zoning Administrator has determined that requirements for building setback, building coverage, lot coverage, etc. are the same as required for the "I" Heavy Industrial zoning district. In an area that is completely zoned industrial, the setback requirements are essentially zero, and there are no building and lot coverage standards. The requirements for off-street parking cannot be met entirely within the subject property. Some of the off-street parking will have to be accommodated on adjacent SLU-21-98 700-708 E. Oakland Avenue Page 8 Renovate existing industrial buildings for 50- 60 residential units property to the south, and/or some by the additional property gained for the project if the adjacent section of Sheridan Street is vacated. SUMMARY The applicant is requesting a Special Land Use permit (SLU) to renovate three existing industrial buildings for 50 to 60 residential units. The proposed project presents a continuation of a major land use change within this traditionally industrial area. The single business located on Sheridan Street west of tof the railroad oad tracks may be affected because of the loss of access from westbound Oakland Avenue. The proposed closing of Sheridan Street east of the railroad tracks may significantly alter the existing character of traffic circulation through the business district. Traffic that now accesses the Fischer-Ross-Weigand property at 618 Sheridan Street would be forced to use Larch Street (which is one-way northbound), or cut through the redeveloped Prudden Wheel site on Summit and May Streets. The proposed development has not yet been well enough designed to determine safe traffic flow and circulation, and to determine if all the off-street parking requirements of the Zoning Code can be met. RECOMMENDATION Staff recommends that the Planning Board table this request pending the opportunity to hear case number ACT-29-98 for the vacation of Sheridan Street east of the CSX Railroad, and further refinement of the proposed development plan. i lei: ®I ► ,�i '� e �t11�l� � Jl,iii _�: • - i itt��t�� � d, ��:_I�t'�_ i ____ 03�l,, 1 _ , � �I-I ®�� ■ ,� � � � i •����-- ' �1 � I� 11 N ■ {;I ---�� ® fi�� � I 1 n "oil �� ��' -- --- ` - - ---- r - , III ?' ,- - ■' i .- �// e, i � i-=----r - ' d�l � I lip ■ , ,� 'i � i � � i �� I`Ief�11 � ■ _ 1 � I 1 _ - - 1 to e ■ 1 1• I II • w • � -� [� I� 1 - ; tin i_�� / I• ! r �111! amme—nnip1 ,J w � S �'umiati�LLa / /9 '�e/ �,rY,, I,• i ti I'�I �I . � 7iltLLL!l:I��ii - _._ _S!!I71:%jii• � J>>.(- i � � /v 1.. l ,=1r! r ti r � ) y it ��- •s ,�� ■ � . ) Na.rttil / r. ,�� , '� ' ! for �� J�l r �1 ( r+�.,':�� �r►a!�' Iltl' I7 I 1 1 ® d y�.., 1' - - m � 0 CD 0 niLLLLLLLD., jFco � � � �� ��fir• 'l ��,�••�r'�.":�.�r Y�Y�• ^ \J'�•,t' ; '�r�2 ��, 46 • J. c h .. ., ISt2 •• ��, ;y ;,L LIyYV'•� •�'Lj�•��i ZI . � O Z APPROVED MAY 18, 1999 WITH TWO CORRECTIONS Draft 051499 Pg 1 Ln 3.19" Pos 1.5"6hairnian RtigeVICE CHAIRMAN GOOLSBY Approved 051899 Pg 1 Ln 5.96: Pos 1.5"Ghairman RugeVICE CHAIRMAN GOOLSBY To Clerk 052099 Minutes of the Regular Meeting LANSING PLANNING BOARD 7 P.M., City Council Chambers Tenth Floor, Lansing City Hall ; 124 West Michigan Avenue ; Tuesday, April 20, 1999 � 1. OPENING SESSION: _-- Chairman VICE CHAIRMAN GOOLSBY called the meeting to order at 7 p.m. A. Roll Call. Present: Goolsby, Keene, Miller, Nischan, Smith. Five members present; one vacant seat. B. Excused Absences: Mr. Ruge, at the meeting of April 4, 1999, requested and was granted an excused absence; Mr. Frederick, on April 19, 1999, phoned to request an excused absence. Mr. Frederick was granted an excused absence. C. Introductions. Ms. Eleanor Love, Planning Manager, introduced staff present, James A. Ruff, Zoning Administrator, and Louise H. Christian, Recording Secretary. 2. APPROVAL OF AGENDA - The agenda was approved as presented. £-I VICE CHAIRMAN GOOLSBY, for the benefit of the audience, noted that 7.B.3.a. Final Draft - Proposed Central Lansing Comprehensive Plan will not be considered tonight. SLU-21-98, 700-708 E. Oakland, Residential in "I" Heavy Industrial District will be considered in a brief recess after the public hearing. Act-1-99, Vacation of the 800 Block of South Pine Street, 800 Block of South Division Street, and the 400-1000 Blocks of William Street for Industrial Redevelopment will not be considered. No action can be taken since only five members are present. 3. COMMUNICATIONS 4. HEARINGS A. Act-1-99, Vacation of the 800 Block of South Pine Street, 800 Block of South Division Street, and the 400-1000 Blocks of William Street for Industrial Redevelopment Ms. Love presented the request by the City of Lansing to vacate several stretches of streets, 800 Block of South Pine Street, located directly south of Main Street; the 800 Block of South Division Street, also located PLANNING BOARD MINUTES APRIL 20, 1999 PAGE 2 William Street to the northbound lanes of Martin Luther King Jr. Blvd. These streets are being vacated as public streets for potential industrial redevelopment. Generally, these streets serve the existing industrial client, General Motors. It was felt that this property, since it only serves the parking lots for this particular industrial user, should be vacated in order to create additional flexibility on the site. The applicant is the City of Lansing. General Motors is the primary user of all the surrounding properties. The property is zoned "I" Heavy Industrial. Segments of many of these same streets have been vacated previously during industrial expansion. Agency responses indicate that Ameritech has no facilities affected and would not require easements. The only BLW easements that would be required would be in the 1000 Block between Butler Street and northbound lanes of Martin Luther King Jr. Blvd., primarily for a water line and also for street lights. Consumers Energy gas mains will be removed. Public Service has one piece of sewer line in there with BWL in that last block of William Street. There will be no publicly owned utilities and therefore no need for utility easements other than the portion in the 1000 Block of William. Mr. Goolsby asked about the contemplated ingress and egress. Ms. Love said that there would still be entrances and exits to the complex along Main Street and along Martin Luther King Jr. Blvd. Seeing no one in the audience wishing to comment, the Chairman announced the close of the public hearing for Act-1-99, Vacation of the 800 Block of South Pine Street, 800 Block of South Division Street, and the 400-1000 Blocks of William Street for Industrial Redevelopment. 6. COMMENTS FROM THE AUDIENCE (3 minutes each) - None. 7. RECESS. The Chairman declared a short recess in order for the Zoning and Ordinance Committee to meet. Mr. Nischan and Ms. Keene were temporarily appointed to the Zoning and Ordinance Committee this evening. 8. BUSINESS SESSION A. Minutes for Approval: March 2, 1999; March 16, 1999 March 2, 1999. Mr. Nischan made a motion, seconded by Ms. Keene, to approve the minutes of March 2, 1999, as presented. Voice vote, Ayes: All; Nays: None; carried; unanimous; the minutes of March 2, 1999 were APPROVED. PLANNING BOARD MINUTES APRIL 20, 1999 PAGE 3 March 16, 1999. Mr. Nischan made a motion, seconded by Ms. Keene, to approve the minutes of March 2, 1999, as presented. Voice vote, Ayes: All, Nays: None; carried; unanimous; the minutes of March 16, 1999 were APPROVED. B. Committee Reports 1. Committee of the Whole - 2. Zoninq and Ordinance Committee - Mr. Miller, Chairman. a. SLU-21-98, 700-708 E. Oakland, Residential in "I" Heavy Industrial District The Zoning and Ordinance Committee met this evening to take up SLU-21-98, 700-708 E. Oakland, Residential in "I" Heavy Industrial District. The applicant proposes to renovate three existing industrial buildings for 50 to 60 residential units. Most of these units will be one- or two-bedroom units. In addition, while the applicant intends to prepare the site so that it may be subdivided and individual units sold as condominium units, the project will initially be for the rental market. The applicant has filed a request under Act 285 (Act-29-98) for vacation of the Sheridan Street right-of-way in front of the proposed project. If granted, the additional right-of-way that the project will acquire will allow two advantages for the project: 1. It will permit additional off-street parking to serve the project. 2. It will permit closure of the railroad crossing on Sheridan Street which will reduce noise from the adjacent railroad facility. The applicant is requesting a Special Land Use permit to renovate three existing industrial buildings for 50 to 60 residential units. The proposed project presents a continuation of a major land use change within this traditionally industrial area. The single business located on Sheridan Street west of the railroad tracks may be affected because of the loss of access from westbound Oakland Avenue. PLANNING BOARD MINUTES APRIL 20, 1999 PAGE 4 The proposed closing of Sheridan Street east of the railroad tracks may significantly alter the existing character of traffic circulation through the business district. Traffic that now accesses the Fisher-Ross-Weigand property at 618 Sheridan Street would be forced to use Larch Street (which is one way northbound), or cut through the redeveloped Prudden Wheel site on Summit and May Streets. The proposed development has not yet been well-enough designed to determine safe traffic flow and circulation and to determine if all the off-street parking requirements of the Zoning Code can be met. In Committee, a motion was made, seconded and carried unanimously that this be approved with the condition that the developer take necessary steps to make the property and structure safe for residential occupancy and in particular to prevent exposure to any soil contaminants or volatile pollutants. Mr Miller made a motion, seconded by Mr. Nischan, based on testimony, evidence and the staff report, a copy of which is attached hereto and made a part thereof, to approve SLU-21-98, 700-708 E. Oakland, Residential in "I" Heavy Industrial District, with the condition that the developer take necessary steps to make the property and structure safe for residential occupancy and in particular to prevent exposure to any soil contaminants or volatile pollutants. PLANNING BOARD ACTION on the motion was as follows. Keene. . . Ave Miller. . . Ave Nischan Ave Smith Ave Goolsby .Ave On a Roll Call Vote, there were: Ayes: 5; Nays: 0; motion carried; unanimous; SLU-21- 98, 700-708 E. Oakland, Residential in "I" Heavy Industrial District, with the above condition, was APPROVED. Next meeting, if necessary, would be held at 4 p.m. in the Department Conference Room on May 12, 1999. This will be determined on May 4, 1999. 3. Urban Development Committee - Mr. Nischan PLANNING BOARD MINUTES APRIL 20, 1999 PAGE 5 The Committee met last Tuesday and began reviewing a large body of input to the Plan. We will go through every piece to ensure accountability. Our next meeting is April 27, 1999 at 4 p.m. in the Department Conference Room, 316 N. Capitol Avenue. Mr. Goolsby asked if there would be a summary of comments. As a nonmember of the committee, he would like to know the concerns and what the outcome was. Mr. Nischan said he would like to keep track of items discussed and what were reactions to them so people will know if their issue was addressed. 4. Executive Committee - Has not met. C. Report from the Planning Manager. Tonight members received a pamphlet containing some things germane to what we have been talking about in the Master Plan and in the Comprehensive Plan, about the consequences of sprawl and what we can do to alleviate those pressures. One thing they recommend is mixed use zoning. The Board should also take a look at things like flood threats and wetlands, though most of our land is urban disturbed soil. There are some interesting concepts in there. This year the administration has offered the Board the date of July 27 for use of the suite for a baseball game. The Plumbing Board and one of the other Boards did not get a date, so I offered to invite the Plumbing Board, along with the Planning Board, so you will get to meet the Plumbing Board. Sixteen of us, and 16 of them should fill the complement of about 32 tickets. Please check your calendars and let me know. Our departmental budget hearing will be April 29 at 3 p.m. in Council Chambers. If there are Board members who would like to come who would be interested in letting City Council know, or share with City Council that you feel that the work of the Department is important, that is something that would be appropriate if you would be interested in coming. I understand that there were over 150 people who came to the Human Services meeting. A lot of them were the contract providers of different agencies who received money through that program. I think it is important to let Council know that people do feel that the work we do is important. If you have the opportunity, come on April 29 at 3 p.m. We would be most happy if you would come. We are working on amendments to Ingham County Potable Water ordinance and abandoned wells. PLANNING BOARD MINUTES APRIL 20, 1999 PAGE 6 The Housing Study is underway. We are in the neighborhoods working on the physical conditions study and doing the telephone survey. D. Pending Items: Future action required. 1. Planninq Board a. Z-25-97, 300 Blk. S. Butler, W. Side, "C" Residential to "D-1" Professional Office District(Tabled January 6, 1998) 2. Zoning and Ordinance Committee a. Z-19-97, N.W. Cor. Cavanaugh &Aurelius, "F"Commercial to "G-2" Wholesale District(Tabled October 15, 1997) a. Z-1-98, 1223 N.Turner St., "H" Light Industrial District to "G-1" Business District(Tabled February 11, 1998) b. Z-3-98, 1131 & 1133 Race Street, "H" Light Industrial to"G-1" Business District(Tabled April 15, 1998) C. Z-4-98,201 E. Grand River, "F-1" Commercial &"H" Light Industrial Districts to"G-1" Business District(Tabled June 10, 1998) d. Z-5-98, 401-407 E. Grand River, "F" Commercial District to "G-1" Business District(Tabled June 10, 1998) e. Z-8-98,208 E. Grand River Avenue, "F-1"Commercial to "G-1" Business (Tabled August 12, 1998) Urban Development Committee a. Act-19-98, 120 E. Shiawassee Street, Fire Station#1, Market/Sale for Mid- Rise Residential with Building Preserved b. Act-21-98, Ingham Regional Medical Center, Replacement Sign in S. Pennsylvania ROW(Tabled September 8, 1998) C. Act-24-98, Everett Lane at Paris St.,Vacate ROW(Tabled February 16, 1999) 8. NEW BUSINESS - None. 9. COMMENTS FROM CHAIRPERSON - Mr. Goolsby mentioned the Board recognition reception at the Lansing Center 5-7 p.m., April 21, 1999. 10. COMMENTS FROM BOARD MEMBERS - None. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS - None. 12. ADJOURNMENT was at 7:36 p.m. Respectfully submitted, Eleanor K. Love, Secretary Planning Board mn042099 a:\49 UNANIMOUSLY APPROVED MAY 18, 1999 Draft 051499 Approved 051899 To Clerk 052099 Minutes of the Regular Meeting LANSING PLANNING BOARD 7 P.M., City Council Chambers Tenth Floor, Lansing City Hall 124 West Michigan Avenue . Tuesday, May 4, 1999 I 1. OPENING SESSION: rn `•`' Chairman Ruge called the meeting to order at 7 p.m. A. Roll Call. Present: Frederick, Goolsby, Keene, Miller, Nischan, Smith, Ruge. Seven members present; one vacant seat. B. Excused Absences - None. C. Introductions. Ms. Eleanor Love, Planning Manager, introduced staff present, James A. Ruff, Zoning Administrator, and Louise H. Christian, Recording Secretary. 2. APPROVAL OF AGENDA - The agenda was approved as presented. 3. COMMUNICATIONS A. Letter dated April 27, 1999 to Lansing Planning Board from AIS Construction Equipment Corp., RE: Z-5-99, 3940 N. Grand River Avenue, Southwesterly 100 ft thereof, "A" Residential District to "F" Commercial District, in opposition. 4. HEARINGS A. Z-5-99, 3940 N. Grand River Avenue, Southwesterly 100 ft thereof, "A" Residential District to "F" Commercial District Mr. Ruff presented the case, a request by Rush Equipment Center, 3940 N. Grand River Avenue, which shares space with Johnson's Speed Shop, Roy A. Johnson, property owner. They want to rezone the frontage of the property from "A" Residential to "F" Commercial. The property has three zones, the front 100 ft "A" Residential, the next "J" Parking, and the rear section "H" Light Industrial, where the building is located. The front portion of the property is primarily lawn area with a sign. This originally came to our attention because they wanted to add to the existing sign; however, because the sign is nonconforming in the "A" District, this was not possible. The purpose is not only to improve the signage, but they also want to display equipment or vehicles for sale. The property is in excess of one acre. Surrounding land use north of Grand River is PLANNING BOARD MINUTES MAY 4, 1999 PAGE 2 commercially or industrially zoned and used. The Master Plan designates the area north of Grand River for industrial or warehouse development. There had been a fairly consistent zoning pattern along the north side of Grand River adjacent to residential land uses on the south side of North Grand River Avenue. The pattern was a kind of buffer zone much of which was "A" Residential. Then it would go into the zoning of the intended use, so that there was greater setback and more open space along Grand River frontage. Mr. Ruge asked about building setbacks if the zoning is changed, and about parking. Mr. Ruff said 20 ft for buildings from Grand River Avenue. For parking in the "F" Commercial District, there is no required setback. Mr. Ruge asked about the single-family residential properties across Grand River; Mr. Ruff said primarily they are single-family residential; as you move west, there are some duplexes, apartments, commercial and office. Mr. Ruge asked about the location of AIS and if they display equipment on Grand River. Mr. Ruff said it is next door to this property, and they do display equipment. There is a fenced-in equipment storage area and then a landscaped display area before you get to Remy Drive that AIS also utilizes to display equipment. Mr. Ruge said that is before you get to the 50 ft setback. Mr. Ruge asked when the property was zoned "A" Residential on the front of the industrial properties; Mr. Ruff said primarily in the '1940s; he will make sure this information is part of the report. BRENT TITUS, FOSTER SWIFT COLLINS AND SMITH, 313 S. WASHINGTON AVENUE, REPRESENTING RUSH EQUIPMENT CENTERS OF MICHIGAN. Rush is an equipment dealer for John Deere Equipment and some related lines of attachments for the equipment. They sell and lease heavy equipment and parts. Rush is the tenant of Roy and Agnes Johnson in a building they share with the Johnsons. Mr. Johnson has been there since 1971. The property which is over 400 ft deep is divided into three zones. The front 100 ft is "A" Residential; the middle 55 ft is "J" Parking, and the balance is "H" Light Industrial. The ordinance creating the three-tier zoning was adopted in 1961. The residential portion predates that. The request is to rezone only the front of the property in order to change a very old sign as well as the wish to store two or three pieces of equipment for sale, much like AIS. The "F" Commercial zoning was selected after discussion with Planning staff. It is less intensive than "H" Light Industrial. It provides a buffer from heavier uses and accommodates applicants' wish to park equipment and have a sign. The intent is not to create new buildings. It should not generate more traffic, because the use is already there. Demand for public PLANNING BOARD MINUTES MAY 4, 1999 PAGE 3 services is already there at the back of the site. The residential zoning has kept the front of the property vacant and pushed things to the back. The North-East Area Comprehensive Plan 1990 provides for "H" Light Industrial Use. Although we would consider that zoning, and it would be adequate, we felt it provides less protection for the neighborhood than the "F" Commercial. AIS is in the same business adjoining this property; that is probably part of the reason for their adverse letter; they would like for Rush not to be here. The neighbor to the west is the Grand River Coop Laundry and a large vacant commercial-industrial building. Across Grand River is a residential area, but the use is not any different than what is going on there now anyway. We are not requesting a particular signage, although our proposed signage is going to be more attractive than the existing sign. We want to replace it with a small sign with both Rush and Johnson's name. It will comply with the ordinance. The display of equipment is under the zoning ordinance, in the "F" Commercial District a use subject to special condition which provides certain protection that it will be done on paved property. It is an appropriate use. This is smaller than AIS's operation and it won't have the same visual impact. Frontage and depth of the property is limited. Mr. Ruge asked if there is any other zone other than commercial where they could rebuild their sign; Mr. Ruff said "J" Parking, because it is an accessory zoning. The problem has been addressed in various ways in the past. There are a number of nonconforming signs along Grand River. The sign could also be in the "E-2" or "E-1" District, but those districts do not allow the display of vehicles for sale, and neither does the "J" District. Seeing no one else wishing to comment, Chairman Ruge declared the hearing closed for Z-5-99, 3940 N. Grand River Avenue, Southwesterly 100 ft thereof, "A" Residential District to "F" Commercial District and referred to the Zoning and Ordinance Committee meeting at 4 p.m on Wednesday, May 12, 1999, in the Department Conference Room, 316 North Capitol Avenue. B. Z-6-99, Portion of Vacant Land in the 1900 Blk. of North Larch Street, adjacent to and south of 602 Woodbury Street, "C" Residential District to "F" Commercial District Mr. Ruff presented the case, a request by William Jakovac Sr., on behalf of the owner, his son, William Jakovac Jr., to rezone vacant land south of 602 Woodbury Street, which is zoned primarily "C" Residential, though the southern portion is zoned "H" Light Industrial. They want the rezoning to "F" Commercial District to have an auto parts store, Advance Auto Parts, on part of the "C" Residential portion. We included in the PLANNING BOARD MINUTES MAY 4, 1999 PAGE 4 rezoning notification a slightly larger area; however, they anticipate rezoning the northwest portion of the site, lots 27 through 30. Lots 31 through 34 that abut North East Street would remain "C" Residential. That area of Fremont Street and to the south is zoned "H" Light Industrial already. The neighborhood to the north along Woodbury is an interesting enclave of homes. There is a mixture of 12-15 owner-occupied homes in this section of North East Street-Woodbury-Lake Lansing. We have carefully considered this area as to how things would fit in with the neighborhood to ensure that the enclave of homes is protected from adverse uses. This use can cover part of the site and not have an adverse impact. They don't want access off of North East Street according to their plan and zoning pattern. We see some possible benefits as well as a new facility that is more retail than industrial. Mr. Ruge asked about required buffering to protect the neighborhood from adverse uses. Mr. Ruff said we will be doing several things. There is 25- 30 ft setback from any improvement on this property. The parking area is along the back corner adjacent to their property (Mrs. Gallimore, 610 Woodbury). There is an 8 ft chain link fence between their property and this property, so we should be able to get some substantial landscaping in there to help protect it and provide a visual screen. We could also take it to the west and to the east to prevent intrusion of lights and noise or visibility into the site. Lot 24, zoned "C" Residential, is vacant at present, so there are good chances for substantial buffering along the north side of the proposed parking area. WILLIAM JAKOVAC, SR, 2441 S. WILD BLOSSOM, OKEMOS. This application is for a specific use, Advance Auto Parts. They have one location in Lansing on Martin Luther King, Jr. Blvd. at Cavanaugh. They want to make sure the project will fit in. The area has laid fallow for years. We hope this will make more positive things happen in the north end and reduce traffic congestion by closing off some driveways and reducing to just one point of ingress-egress. DAVE GALLIMORE, REPRESENTING HIS MOTHER, RUBY GALLIMORE, 610 WOODBURY. Mr. Jakovac also owns the vacant residential property next to my mother's. She has been there 28 years. The one to the west of that is along Larch Street, which is commercial. With them owning that property and being adjacent to her home, that is her primary concern. The rezoning is for the property behind her. Buffering is another concern, as is property values. Are there height limitations with this rezoning? Is it one story, or two stories? From her backyard, you have a nice view of the downtown and the fireworks. PLANNING BOARD MINUTES MAY 4, 1999 PAGE 5 Mr. Ruff said probably it would be a single-story building. The "F" Commercial District allows a 40-ft height. Probably ninety percent of our "F" Commercial properties in town are single-story. Mr. Ruge was concerned about the dumpsters. It might be better if they were located at the other end of the parking lot farther away from the homes. Mr. Ruff said we would look at ways to minimize noise. Access may guide parking locations and building locations. Probably there would be parking in front and exposure to US-27. Probably they would not like to put dumpsters right in front of their building. We will attempt to require a solid trash enclosure, though considerations would be when it is dumped and how far they have to back up. Seeing no one else wishing to comment, Chairman Ruge declared the hearing closed for Z-6-99, Portion of Vacant Land in the 1900 Blk. of North Larch Street adjacent to and south of 602 Woodbury Street, "C" Residential District to "F" Commercial District and referred to the Zoning and Ordinance Committee meeting at 4 p.m on Wednesday, May 12, 1999, in the Department Conference Room, 316 North Capitol Avenue. 6. COMMENTS FROM THE AUDIENCE - None. 7. RECESS - None. 8. BUSINESS SESSION A. Minutes for Approval: April 6, 1999. Mr. Nischan made a motion, seconded by Ms. Keene, to approve the minutes of April 6, 1999. Mr. Miller noted corrections on p. 12 as follows: Ln 4.58" Pos. 2.62" Mr. fl Mer SMITH said we should send them copies of the minutes. Ln 9.31" Pos 2.15" Mr. it iRer SMITH said every time . . . they do not get a vote. With those corrections, on a voice vote, Ayes: All, Nays: None; carried; unanimous; the minutes of April 6, 1999 were APPROVED. B. Committee Reports 1. Committee of the Whole - Did not meet. 2. Zoning and Ordinance Committee - Mr. Miller, Chairman. Next meeting Wednesday, May 12, 1999 at 4 p.m. in the Department Conference Room, 316 N. Capitol Avenue. 3. Urban Development Committee - Mr. Nischan PLANNING BOARD MINUTES MAY 4, 1999 PAGE 6 b. Act-1-99, Vacation of the 800 Block of S. Pine Street, 800 Block of South Division Street and the 400-1000 Blocks of William Street for Industrial Redevelopment. Ms. Love reviewed Act-1-99, Vacation of the 800 Block of South Pine Street, 800 Block of South Division Street, and the 400-1000 Blocks of William Street for Industrial Redevelopment. There has been a modification since the public hearing. At that time the action was to vacate the 800 Block of South Pine, the 800 Block of South Division Street, and the 400-1000 Blocks of William Street, the 400 Block being the beginning just west of Walnut going all the way over to the northbound lanes of Martin Luther King Jr. Blvd. The Department of Planning and Neighborhood Development is requesting that these streets be vacated to create better flexibility for the redevelopment of this existing industrial site. they would be vacated to the adjacent property owner, General Motors. Primarily these streets serve only the parking lots of General Motors anyway; they do not have any value to the City and they do not have any impact on the circulation system or patterns for the City. Staff recommended that the streets be vacated. Subsequent to the public hearing, we did discover a necessity for the retention of a utility easement in the west 510 ft of the portion of William Street to be vacated. There are street lights and a storm sewer there that would have to remain. That utility easement would begin at the east line of the northbound lanes of Martin Luther King Jr. Blvd. and go back to the east for a distance of 510 ft. It would be in the north half of the street right-of-way, where the right-of-way width is 82.5 ft so it would be the north 41.25 ft of the west 510 ft of William Street where we must maintain an easement. We have checked with Ameritech, Consumers Power, BWL and others. There are no requirements for public easements to be retained. There are utilities under some of those streets, but they would be in the possession of the owner of the private property. They will not be public anymore so they would have to maintain them, not the City. This is the one addendum to the original report. The Committee did meet on it, but we did not take it up at the last Board meeting because only five members were present. The Committee did approve it, but the easement was not included. That would be an amendment this evening. PLANNING BOARD MINUTES MAY 4, 1999 PAGE 7 Mr. Nischan made a motion, seconded by Ms. Keene, based on testimony, evidence and the staff report, a copy of which is attached hereto and made a part thereof, to approve Act-1-99, Vacation of the 800 Block of South Pine Street, 800 Block of South Division Street, and the 400-1000 Blocks of William Street for Industrial Redevelopment with the addition of retention of utility easement located in the north 41.25 ft of the west 510 ft of William Street. PLANNING BOARD ACTION on the motion was as follows. Frederick . . . . . . . . . . . . . . . . . . . . Ave Goolsby .Ave Keene. Ave Miller. Ave Nischan . . . . . . . . . . . . . . . . . . . . . Aye Smith . . . . . . . . . . . . . . . . . . . . . . . Ave Ruge . .Ave On a roll call vote, there were: Ayes: 7; Nays: 0; unanimous; carried; Act-1-99, Vacation of the 800 Block of South Pine Street, 800 Block of South Division Street, and the 400- 1000 Blocks of William Street for Industrial Redevelopment was APPROVED. b. Next meeting Thursday, May 13, 1999 at 4 p.m. in the Department Conference Room, 316 N. Capitol Avenue. Mr. Nischan will be away for the entire week, May 24-28. It may be necessary to appoint a temporary member. Mr. Goolsby said he may show up. Mr. Ruge said he would be away next Tuesday, May 11, 1999. 4. Executive Committee - Has not met. C. Report from the Planning Manager. Ms. Love said, about last Thursday, April 29, the City Council rescheduled our budget hearing for this Thursday, May 6, 1999. We hope that we are able to get the things requested by the mayor in our budget. I have talked with the Finance Director. Last October, when the City signed a 425 agreement with Alaiedon Township for Jackson National Life, one of the elements of the agreement is a joint intergovernmental land use committee between Alaiedon Township and the Planning Board. I don't anticipate there being a lot of meetings of the group, because the zoning is so tightly tied up that I don't see anything else happening. We agreed to the committee in the master agreement, and we feel we should appoint people and at least meet once so they can see us and we can see them. Some of the issues and questions out there are related to PLANNING BOARD MINUTES MAY 4, 1999 PAGE 8 ground water; consequently, I would like to suggest that one of the members be Mr. Miller. I would also suggest that Mr. Frederick also be a member. He can represent his area appropriately. We want to get the committee formalized with three members from the township and three members from the Planning Board. Mr. Miller, Mr. Frederick and Mr. Goolsby were appointed to the Intergovernmental Special Subcommittee to Alaiedon Township. D. Pending Items: Future action required. 1. Planninq Board a. Z-25-97, 300 Blk. S. Butler, W. Side, "C" Residential to "D-1" Professional Office District(Tabled January 6, 1998) 2. Zoning and Ordinance Committee a. Z-19-97, N.W. Cor. Cavanaugh &Aurelius, "F"Commercial to "G-2" Wholesale District(Tabled October 15, 1997) a. Z-1-98, 1223 N. Turner St., "H" Light Industrial District to "G-1" Business District(Tabled February 11, 1998) b. Z-3-98, 1131 & 1133 Race Street, "H" Light Industrial to "G-1" Business District(Tabled April 15, 1998) C. Z-4-98,201 E. Grand River, "F-1" Commercial &"H" Light Industrial Districts to "G-1" Business District(Tabled June 10, 1998) d. Z-5-98, 401-407 E. Grand River, "F" Commercial District to "G-1" Business District(Tabled June 10, 1998) e. Z-8-98, 208 E. Grand River Avenue, "F-1" Commercial to "G-1" Business (Tabled August 12, 1998) Urban Development Committee a. Act-19-98, 120 E. Shiawassee Street, Fire Station#1, Market/Sale for Mid- Rise Residential with Building Preserved b. Act-21-98, Ingham Regional Medical Center, Replacement Sign in S. Pennsylvania ROW(Tabled September 8, 1998) C. Act-24-98, Everett Lane at Paris St.,Vacate ROW(Tabled February 16, 1999) Mr. Ruff noted pending items in North Lansing-Old Town that are due to parking considerations. In order to move some of these items, he will be sending the Zoning and Ordinance Committee some draft goals and objectives regarding parking and land use issues. We had a gentlemen in from the Main Street group to talk about parking quotients and numbers, and we want to share the information. Mr. Ruff will soon send a letter to the applicant of Z-19-97. 8. NEW BUSINESS A. Urban Design Guidelines PLANNING BOARD MINUTES MAY 4, 1999 PAGE 9 Ms. Love said we have been discussing in house how to deal with more compact v. less compact urban situations. When you have a fairly compact development area like Old Town or Downtown, it is more difficult to apply typical standards such as one parking space for 150 sq ft of usable floor area for retail, or one for every 250 sq ft of office. Given the difference in the way they operate as opposed to each one being independent and each one having to have stand-alone parking that meets the minimum requirements, we were talking about possibly doing some overlay zones in particular areas where we may be modifying the parking requirements and instituting design guidelines that would be a tradeoff for individual owners, hoping that it would be an enticement to utilize more space for landscaping and green space and less for asphalt on their own individual properties. This is one of the major things we are looking at, identifying locations to develop an external boundary to the district, just like we have for signs. In the Downtown, we have the Capitol District for signs that is separate and different than other sign districts in the City. We would do something similar in Old Town, but it would be primarily a parking and design guideline. Mr. Smith made several points relative to the guidelines--one set addresses commercial buildings; another Main Street; and the third old building in general. In developing guidelines for Lansing, we might do three chunks, one dealing with historic appearances, building facades, historic materials, etc. A second chunk might be developing design guidelines for new architecture. Columbus, Indiana is a small town made an effort to have internationally-known architects to design new buildings there, and then have turned that into a fairly lucrative tourist attraction. A third chunk might be development of over-all identity guidelines for the City, using street signage while also looking at guidelines for development of contemporary and future architecture, recognizing the need for guidelines for historic preservation. Mr. Ruge said these guidelines would be good for older buildings south of Michigan Avenue. North of Michigan Avenue to LCC are not the original downtown buildings. Ms. Love said in some ways we want to celebrate them as they are. The idea is to create a unifying situation, possibly through the use of street furniture, street lighting, utilizing an emblematic theme from block to block that fits into all those kinds of architecture. Mr. Smith said landscaping should also be considered in guidelines. 9. COMMENTS FROM CHAIRPERSON Chairman Ruge asked about the amendments to the Rules of Administrative Procedure. We voted to change them so we could dismiss cases that had not PLANNING BOARD MINUTES MAY 4, 1999 PAGE 10 been addressed in a timely manner. Are they still languishing in the Attorney's Office? Ms. Love will make inquiry. Mr. Ruge mentioned the proposed letter to the State Journal. In reading the minutes, do we really want to do this, or maybe take a different approach, which would be a more proactive approach. If we want to get a message out, we should contact the reporters and give them the story so they don't have to put a lot of work into it. Mr. Ruge said that a campaign plank of Vice President Gore is to address urban sprawl. Mr. Miller said the Sustainable America Conference is going on in Detroit. 10. COMMENTS FROM BOARD MEMBERS Mr. Goolsby said the Ferguson Project in North Lansing is starting to take shape. It is looking nice. The Turkey Man from the Stadium is to open a restaurant in North Lansing by October. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS Mr. Ruge asked about the parking lot at Grand and Michigan Avenues. Mr. Ruff will check the deadlines for the planting season. The other thing is the equipment on North Pennsylvania Avenue at May Street. There are two pieces of equipment there with for sale signs tacked on the trees, though the sand piles seemed to have moved. Mr. Smith asked about the Action Auto on Pennsylvania and Mt. Hope. It looked like gas pumps were being installed; service vehicles were there. 12. ADJOURNMENT was at 8.30 p.m. Respectfully submitted, ,-'7 1 4 Eleanor K. Love, Secretary Planning Board mn05O499 aA49 ACT-1-99 Vacation of the 800 block of S. Division Street; 800 Block of S. Pine Street; & 400-1000 blocks of William Street GENERAL INFORMATION APPLICANT: Department of Planning & Neighborhood Dev. 316 N. Capitol Avenue Suite D-1 Lansing, Michigan 48933-1236 STATUS OF APPLICANT: Represents Owner REQUESTED ACTION: Vacation of Street ROW EXISTING LAND USE: Property is presently used as street ROW EXISTING ZONING: Unzoned Street ROW PROPERTY SIZE & SHAPE: Rectangular parcels; (82.5x346.5); (346.5x66); And (2,168.5x82.5) SURROUNDING LAND USE: N: GM parking lots S: GM manufacturing buildings E: GM office building W: GM parking lots SURROUNDING ZONING: N: "I" Heavy Industrial S. "I" Heavy Industrial E: "I" Heavy Industrial W: "I" Heavy Industrial MASTER PLAN DESIGNATION: River Island Comprehensive Master Plan recommends continued industrial uses at this location. CASE HISTORY: Portions of the subject streets and many others have been vacated over time to accommodate industrial expansion and growth. Many vacations occurred from 1966 through 1978. SPECIFIC INFORMATION DEVELOPER'S PROPOSAL: The applicant proposes to vacation portions of William, S. Pine and S. Division to permit greater flexibility in the industrial redevelopment of this site. ACT-1-99 PAGE 2 AGENCY RESPONSES: Ameritech: Board of Water & Light: Steam: No impact on existing BWL steam facilities. Street Lighting: Vacation of Williams, Division & Pine Streets, South of Main Street and East of MLK, requested by City of Lansing Planning Department. The BWL will remove existing street lighting poles, luminaries and abandon existing street lighting cables on these streets when the City of Lansing vacates the ROW. There will be no costs to the customer. Electric Utility: Water Utility: Water Technical Building Safety: No objection to the action provided existing buildings are provided with a means of egress to a public way exclusive of the vacated street. City Attorney: (No comments received) Consumers Energy: Consumers Energy Company has existing gas mains in the road right of way as shown on the enclosed drawing. DNR/DEQ: (No comments received) MDOT: No impact. Media One: (No comments received) Parks and Rec. Dept: No impact on park facilities & operations Public Service Dept: No objection to the vacation ACT-1-99 PAGE 3 Transp. Engineer: The Transportation and Parking Office has reviewed the request to vacate the subject sections of roadway currently under the City's control and has no objection to this vacation. These streets currently serve the GM facility almost exclusively and would continue in that capacity regardless of the user. The vacation of these streets will not have a perceptible impact on traffic in the surrrounding area. And further that the remaining street network will be more than sufficient to handle future traffic. Fire Marshal: No objections. Access must be maintained to all portions of current buildings. Fire Department would like conformation of remaining access sites to property. Lansing Police Dept: No impact on department. ANALYSIS According to ACT 285 of the Public Acts of 1931 as amended, evaluation of street vacations, requires that the character, location and extent of the proposal must be evaluated in order to determine its appropriateness. CHARACTER Character is defined as an evaluation of who will be affected by the proposal. Will the closing of these streets have an impact on circulation patterns and the general movement of goods and services? These street segments primarily exist to serve the present industrial user: General Motors. These street segments are primarily used by General Motors employees to access surface parking facilities and by large trucks which move materials and parts throughout the complex. However, because the streets were there before the expansion of the industrial facilities, the circulation patterns have been defined by the location of the existing streets. If the streets were to be vacated and the land included in the actual industrial complex, the location and design of circulation patterns could be developed to best accommodate the operations of whatever industrial user locates on this site. ACT-1-99 PAGE 4 Based of the current use of these street segments and the expected negligible impacts, it would appear that the character of the proposed vacation is acceptable. It is anticipated that there will be no measurable impact on the general circulation patterns of the city street system or on the 1-496 interstate system. LOCATION Locational analysis evaluates the impact of the proposal on surrounding land uses, any alternative options, and its relationship to the Comprehensive Plan. The three subject street segments to be vacated generally act as internal roads within the surrounding industrial complex. Vacating these streets will provide one large rectangular site for redevelopment which is desirable in order to increase flexibility in accommodating new industrial structures. Use of other streets to achieve this goal is not an option. The River Island Comprehensive Master Plan recommends the continued operation and expansion of the current industrial use of this site. Vacating the street segments will make this industrial site more attractive and accommodating to development. It would appear that the proposal is in keeping with the patterns of development outlined in the Master Plan, and will have a positive impact on the desirability and flexibility of the surrounding industrial site. EXTENT Analysis of the extent of a proposal evaluates the impact on existing services and infrastructure. According to the responding agencies and departments, there will be no permanent impacts on the delivery of public services and infrastructure if these streets are vacated. Although certain accommodations will have to be made to relocate some utility services, these can be made in such as way as to allow existing services to continue while permitting new and expanded services to be provided. It would appear that no permanent negative impacts to existing services will occur and that new services can be installed with a minimum of disruption in new locations which will negate the need for the subject street segments to be used for easements. SUMMARY ACT-1-99 PAGE 5 The proposal to vacate the 800 block of S. Pine Street; the 800 block of S. Division Street and the 400-1000 blocks of William Street has positive impacts on surrounding land uses, has no negative impacts on general circulation patterns, and will be able to accommodate the continuation of existing public services as well as service to any new industrial development of the site. It appears that the proposal will enhance the flexibility of the site to accommodate new industrial structures as well as appropriate circulation patterns within the site which will promote efficient movement of people and goods throughout the site. RECOMMENDATION The staff recommends vacation of the 800 block of S. Pine Street, 800 Block of S. Division Street and the 400-1000 Blocks of William Street subject to: 1. The conditions set forth by the responding agencies 2. Preparation and execution of the appropriate documents to complete the vacation of these street segments. \frontend.ekl F- ' ��� .. I � � �. .. � I .. .•e '1 —4 � . r." 'R-15 99 13:01 FROM:PUBLIC SERVICE gb.S-bUbb lu:Jlf 401 ou_)o rnu�.rl PLANNING OFFICE Department of Planning and Neighborhood Development 316 N. Capitol Avenue Lansing, Michigan 48933-1236 HiGF► PHONE (517)483-4066 FAX(517)483-6036 Davlo c, Hollister Mayorof Lanslnq AGENCY REFERRAL SHEET FROM: ELEANOR K. LOVF. PLANNING MANAGER ,FILE: API- -99 483-4070; FAX 483-6036 DATE: February 3, 1999 ❑ Ameritech Fire Marshal ❑ ❑ Assessor Transportation Engineer ❑ ❑ Building Safety Capt. Rick Cook, Lansing Police ❑ O 6WL Parks 8 Recreation ❑ i ❑ City Attomey Public Service [I➢/ D Consumers Energy MDOT ❑ ❑ Media One I 13 The Planning Board, in accord with Act 285, Public Acts of 1931, as amended,;is required to review and make recommendations regarding location, character and extent of this project. Prior to their final recommendation and report, the Planning Board would appreciate your comments and requirements as they relate to your official function. ACT-1-99 is a request by the City of Lansing Department of Planning pnd Neighborhood Development to vacate portions of three streets: 800 block of S. Pine Street; 800 Block of S. Division Street; and the 400 through 1000 blocks of William Street (See the attached map). The vacation of these streets will provide more flexibility in the placement of facilities for the redevelopment of the surrounding industrial site. Please provide the necessary legal descriptions if you require easements to be retained ( other than "within the existing ROW") Please provide your remarks in the space provided below, and return this sheet to the �. =F�Isnning Office by MARCH 2, 1999. 5 e 2v►C-.jF 1 s I-W'_ L' o,J s aL7-M,4- r a�� 4.1 o s �o PQ�Bc.�.-t w t Tr_t 7�s' ✓�cP T�a,.S �ce��r '[ £ PD R.n en,.N aF Xh, _e .►�a tz d�+� e'er 1..;1 L L i a� F�.•� n.�l , 1... 1Lr J� S,4 sT n r 4L ���p s6'� ,J E.h3 ,��►A Ito eltt-,s Tb G I> 2L^cx T-X�— Gl 7-Y Signed: Q,=A=,, Enclosures )In_eJLJP�i f-17-Y �c' we.J x r."wreferNf ® Plbtwc Kcoycic "Equal Opportunity'Employer" ACT- 1 -99 Vacation of 800 Blk S. Pine; 800 Blk S. Division; 400-1000 Blks William Street For Industrial Redevelopment o W Z ~f 1 2 > a = o a � u = ST. ai J H ST. H a > H Z v y SCOTT PARK(33 a WILLIAM ST. a VILLIAM ST. 0 o � 7 W O j Z 2 Z F- W CyJ y Z 0 H I I I I I I I I I I B.O.C. GENERAL MOTORS CORP. / \ ----- CITY POWER PLANT ZONING AND ORDINANCE COMMITTEE REPORT MAY 12, 1999 PAGE 2 1. Z-5-99, 3940 N. Grand River Avenue, Southwesterly 100 ft thereof, "A" Residential District to "F" Commercial District This is a request by Roy A. Johnson of Rush Equipment Center to rezone property located at 3940 N. Grand River Avenue to permit construction of a ground pole sign in front of the building. Rezoning of the property would also permit display of vehicles and equipment for sale and other allowable uses. SUMMARY t There is a zoning pattern that runs along the north side of this section of North Grand River Avenue that provides a buffer to development which helps to protect the residential uses along the south side of North Grand River Avenue. This buffer consists of "A" Residential, "J" Parking, or "D-1" Professional Office zoning districts. This buffer varies from 50 ft deep to 100 ft deep. There are some occasions where there is no zoning buffer, but landscaping is provided between the commercial development :and the residential development south of North Grand River Avenue. Generally, north of the buffer zonings, the properties are zoned "H" Light Industrial. This particular property has approximately 150 ft of buffer zoning consisting of 95 ft of "A" Residential and 50 ft of "J" Parking. Rezoning the front 95 ft to "F" Commercial would allow for the applicant to achieve his goals but would result in a zoning pattern that is inconsistent with the buffer zoning that typifies this section of North Grand River, is inconsistent with the intent of the Master Plan, would permit uses that could be incompatible with surrounding land uses, and create an odd zoning pattern for the subject property. Also, the proposed zoning would set a precedent for adjacent properties that still maintain the buffer zoning pattern. Staff believes this could adversely impact the appearance of North Grand River Avenue and the residential uses that are maintained on the south side of North Grand River Avenue. RECOMMENDATION Staff recommends denial of the proposal as requested, believing that a minimum of 50 ft of the "A" Residential District should be maintained for buffering the residential neighborhood and for maintaining the avenue character of this portion of North Grand River Avenue. In addition, the Planning Board should consider additional setback tools such as the use of the "J" Parking District north of any decrease in the "A" Residential District. As another alternative, a small area in front of the property could be rezoned "J" Parking District which would permit the accessory use of a ground pole sign. COMMITTEE ACTION Findinq: The Committee, based on testimony and evidence, concurred with the staff report, yet the Committee found further that the property had a greater buffer associated with it than was ZONING AND ORDINANCE COMMITTEE REPORT MAY 12, 1999 PAGE 3 typical. Through deliberation with the staff and the applicants present, the Committee found that by rezoning the front 95 ft of the property to "J" Parking, a construction buffer would be maintained along with a more consistent zoning pattern. Also, the applicant could, and agreed to, file for a Special Land Use permit to allow the. display of vehicles (new commercial tractors) in the "J" District. The Special Land Use procedure would allow for greater site plan control of the location of the display area and buffering along Grand River Avenue. The applicants also agreed to amend their rezoning request authorizing the recommendation to "J" Parking. Motion: r Mr. Goolsby made a motion, seconded by Mr. Frederick, to deny Z-5-99, 3940 N. Grand River Avenue, Southwesterly 95 ft thereof, "A" Residential District to "F" Commercial District as requested but recommended approval of the rezoning of the southwesterly 95 ft from "A" Residential to "J" Parking District. Motion carried unanimously, 3-0. ZONING AND ORDINANCE COMMITTEE REPORT MAY 12, 1999 PAGE 4 2. Z-6-99, Portion of Vacant Land in the 1900 Blk. of North Larch Street, adjacent to and south of 602 Woodbury Street, "C" Residential to "F" Commercial District This request is to rezone a portion of the property in order to permit construction of a retail store for sale of auto parts. SUMMARY The request to rezone a portion of the property to "F" Commercial is consistent with the Master Plan, compatible with the surrounding land uses by creating,a transition area between the industrial lands to the south and the residential lands directly to the north, and should not adversely impact the environment or future patterns of development. The greatest concern is how this development would be accessed from the divided roadway of North Larch. This section of North Larch Street is essentially one way northbound, and any southbound traffic on North Larch would be required to drive south'to East Grand River Avenue and return on northbound North Larch Street to access the site. Drivers also may be tempted to illegally hop the median rumble strips/curb opposite the proposed driveway. RECOMMENDATION Staff recommends this item be tabled to give the applicant more opportunity to resolve staff's concerns regarding access to the site. This should include a solution acceptable to both MDOT and the City Transportation Engineer. COMMITTEE ACTION Finding: The committee found, based on testimony, evidence and the staff report, that the developers understand the access complexities of the site and determined that the curb cut would be designed in such a way that would allow only right turns in and right turns out from the site. The development would also eliminate two other curb cuts that will help control possible cut-throughs from the industrial property to the south as well as eliminate additional points of traffic conflict. The Committee encouraged the applicant to work through the access design with MDOT. The Committee further found though that the rezoning was reasonable and did not need to be tabled, knowing that the development would still be required to go through site plan review. Motion: Mr. Goolsby made a motion, seconded by Mr. Frederick, to approve Z-6-99, Portion of Vacant Land in the 1900 Blk. of North Larch Street, adjacent to and south of 602 Woodbury Street, from "C" Residential to "F" Commercial District. Motion carried unanimously, 3-0. > -� _ �,. �. 1 V� t - ' ti ��.' r� �. .. -in � t - .� .. r _ �_ -_ . -r, - �, Far. i• � • 1 K' Z-5-99 "A" Residential District to "F" Commercial District 3940 N. Grand River Avenue GENERAL INFORMATION APPLICANT: Rush Equipment Center 3940 N. Grand River Avenue Lansing, MI 48906 OWNER: Roy A. Johnson 3940 N. Grand River Avenue Lansing, MI 48906 t SUBJECT PROPERTY: 3940 N. Grand River Avenue, in front of "Johnson's Speed Shop" EXISTING ZONING: "A" Residential District, "H" Light Industrial District, and "J" Parking District REQUESTED ZONING: "F" Commercial District on the portion that is currently zoned "A" Residential District EXISTING LAND USE: Vacant on "A" portion PROPOSED LAND USE: Ground Pole Sign for existing business establishment PROPERTY SIZE & SHAPE: 120 feet x 418 feet; 50,152 square feet; 1.15 acre SURROUNDING LAND USE: N: Commercial/Industrial S: Residential E: Commercial/Industrial W: Commercial/Industrial SURROUNDING ZONING: N: "J" Parking District, "H" Light Industrial District S: "A" Residential District E: "A" Residential District, "H" Light Industrial District W: "D-1" Professional Office District MASTER PLAN DESIGNATION: The Northeast Area Comprehensive Plan, Future Land Use Map, designates the area north of N. Grand River Avenue for industrial and warehouse development. The Environment section of the plan calls for warehouse and light industry that is well maintained, well landscaped, maintains a buffer back from N. Grand River Avenue, and serves as a model Z-5-99 3940 N. Grand River Avenue page 2 "A" Residential District to "F" Commercial District for industrial development throughout the City. N. Grand River Avenue is classified as a principle arterial street APPLICANT'S PROPOSAL: This request is to rezone the property in order to permit construction a ground pole sign in front of the building near N. Grand River Avenue. Rezoning of the property would also permit display of vehicles and equipment for sale and other allowable uses. r AGENCY RESPONSES: ATTORNEY: No response received. CODE COMPLIANCE: No response received. MI DEPT. TRANSPORTATION: No response received. PUBLIC SERVICES: The Public Service Department takes no exceptions to the rezoning. TRANSPORTATION No response received. Description of Site The property is currently used for retail and-warehouse uses. Johnson's Speed Shop is similar to both an auto-parts store and machine shop. Rush equipment is sales, leasing, and service of heavy equipment. The building containing these uses is located on the portion of the site zoned "H" Light Industrial. In front of the building is the portion of the property, 55 feet in depth and the width of the lot, which is zoned "J" Parking District. This area is used for a parking lot. The remaining 95 feet of the site out to the right-of-way of N. Grand River Avenue is zoned "A" Residential District. This area is primarily lawn, but includes a driveway to N. Grand River Avenue, and a non-conforming ground pole sign. Case History/Zoning Pattern adjacent N. Grand River Avenue The subject property, and all adjacent properties on the north side of N. Grand River Avenue, were previously zoned "A" Residential District. In 1961, the portion of the property 95 feet north of N. Grand River Avenue was left in the A Residential District , the next 55 feet to the north was rezoned "J" Parking District, and the remainder of the property to the north was rezoned "H" Light Industrial District, thus maintaining a 95 foot wide buffer along the north side of N. Grand River Avenue. About 100 square feet Z-5-99 3940 N. Grand River Avenue page 3 "A" Residential District to "F" Commercial District of the property at 3950 N. Grand River Avenue was rezoned to "F" in 1972 in order to permit a ground pole sign. The property at 3700 N. Grand River Avenue was rezoned, in 1972, to "H" Light Industrial District to within 50 feet of N. Grand River Avenue. Property to the west (4000 N. Grand River Avenue) was rezoned, to a depth of 150 feet in 1988, "D-1" Professional Office District. In addition to the "D-1" Professional Office District having more restrictive land use requirements than an industrial or commercial district, it also has a minimum 20 foot front yard setback for both structures and off- street parking. ANALYSIS COMPLIANCE WITH THE MASTER PLAN The Northeast Area Comprehensive Plan, Future Land Use Map, designates this area for industrial and warehouse development. The residential neighborhood south of N. Grand River Avenue is designated for residential development at 0-7 units per acre. The current master plan presents evidence that a "buffer" adjacent the north side of N. Grand River Avenue should be maintained, either to preserve somewhat of a boulevard/avenue character along N. Grand River Avenue and/or to protect the established residential neighborhoods south of N. Grand River Avenue. COMPATIBILITY WITH SURROUNDING LAND USE Surrounding land use is a mixture of commercial and industrial with residential to the south across N. Grand River Avenue. Staff believes that rezoning of this property all the way to the N. Grand River Avenue right-of-way will disrupt an established pattern of a buffer with large setbacks along the north side of the avenue. In addition, the requested zoning of"F" Commercial District would permit other uses, such as a used automobile sales lot with bright security lights and loudspeakers, that could seriously impact the residential district south of N. Grand River Avenue. IMPACT ON VEHICULAR AND PEDESTRIAN TRAFFIC The proposed development is not large enough to have a major impact on traffic on N. Grand River Avenue. Development of interior circulation patterns and curb cut locations are subject to the City's site plan review process before construction on any new buildings could begin. ENVIRONMENTAL IMPACT The important issue in this case is the impact on "urban design". Rezoning the property all the way to the N. Grand River Avenue right-of-way line will set a precedent for rezoning adjacent properties to the right-of-way, thus removing any established building setbacks and buffering effect. Z-5-99 3940 N. Grand River Avenue page 4 "A" Residential District to "F" Commercial District IMPACT ON FUTURE PATTERNS OF DEVELOPMENT This proposal, as noted above, would set a precedent for rezoning adjacent properties, which would permit a change in the land use pattern from well landscaped light industrial and office development to more intensive commercial uses, such as car lots, service stations, and convenience stores. While this type of development does exist Y4 mile or more to the west along N. Grand River Avenue, those uses are not located opposite well established single family neighborhoods. r RECOMMENDATION Staff recommends denial of the proposal as requested. Staff believes that a minimum of 50 feet of the "A" Residential District should be maintained for buffering of the opposite residential neighborhood and.to maintain the "avenue" character of this portion of N. Grand River Avenue. In additon, the Planning Board should consider additional setback "tools" such as use of the "J" Parking District north of any decrease in the "A" Residential District. As another alternative, a small area in the front of the property could be rezoned "J" Parking District, which would permit the accessory use of a ground pole sign. Respectfully Submitted, Jim Sturdevant, AICP Senior Planner Z-5-99.FE.wpd SLR 9RLd loreiom o�S 7le, `n %lq q e— Ic—41 0/,Z \.. ` 0/5 b tr7' 0 JG C � a' rea a 1`�9z'•�9 ' �r �, �eZO ie So• 0/71 I 17 V IS 1 co. M O• r.Q, 22 o � o/ o _ ti 21 53 56/ 38 f 0 � � /9/ 19 � «, 4 55 18 i M0 v 23 ,^�/ A. 17 �-7 r Qu 4 2s• 09� ,�. No ff: Th/•s 1oorce/ /s /7of 6.s' /04' E9 7 G i2 O 71 o61 AI02ar6'1 o I drP4. h v � � n / Story "6 gppe) Hv ��j �a Ve'17 7el77' QA A o a ,)WO �e% o U z �z' S N68 ss (J ¢7,.Zs /g Oin ' • FoundProperty Corner o GRAND RIVER AVENUE o set Property Corner X� We hereby certify that we have surveyed the propertyo herein described; that the buildings and improvements as shown are entirely within the property 1�nes; and that there are no visible encroachments upon the above described property, except W as shown hereon. — Note: This report is for mortgage purposes only. No property corners were set, except as shown, and it should not be used to establish property lines. 11 4cf lecfion 6 � FRED WHITE ENGINHERING COMPANY • GAL 77.011,E?ZIJ. 2300 North Grand River Avenue red N. White, P.E. & R.L.S. Lansing, Michigan 48906 Survey No. 861213 Phone! 577 Af'171 _7111 r%-& A.,_. , 1 , r.ni -. Z-6-99 "C" Residential District to "F" Commercial District Vacant land south of 602 Woodbury Street GENERAL INFORMATION APPLICANT: Wm. Jakovac Sr. 2441 S. Wild Blossom Okemos, MI 48823 OWNER: Wm. Jakovac Jr. 330 Cloverland Lansing, MI 48912 t SUBJECT PROPERTY: Vacant land south of 602 Woodbury Street EXISTING ZONING: "C" Residential District, "H" Light Industrial District REQUESTED ZONING: "F" Commercial District on a portion of the property that is currently zoned "C" Residential District EXISTING LAND USE: Vacant PROPOSED LAND USE: Auto parts store (general retail) PROPERTY SIZE & SHAPE: 120 feet x 418 feet; 50,152 square feet; 1.15 acre SURROUNDING LAND USE: N: Residential/Commercial S; Vacant Industrial parking lot E: Vacant W: Larch Street SURROUNDING ZONING: N: "C" Residential and "F" Commercial District S: "A" Residential District E: "F" Commercial District W: N/A MASTER PLAN DESIGNATION: The Northeast Area Comprehensive Plan, Future Land Use Map, designates this area for industrial and warehouse development. APPLICANT'S PROPOSAL: This request is to rezone a portion of the property in order to permit construction of a retail store for sale of auto parts. Z-6-99 Vacant land south of 602 Woodbury Street page 2 "C" Residential District to "F" Commercial District AGENCY RESPONSES: ASSESSOR: Attached drawing indicates the zoning of this 1.6 acre parcel would be split. I would think that the entire parcel should be considered in the development plan. ATTORNEY: No response received. BOARD OF WATER & LIGHT: Electric No objections to additional parking space as long as no permit structures are placed within the minimum setback requirements of eight feet. Water Water Customer Projects has no comments on rezone. We will need site utilities plan for review. Water service to com off Woodbury. BUILDING SAFETY: No response received. NLCA: No response received. CONSUMERS ENERGY: No response received. EDC/TIFA: The Economic Development Corporation (EDC) has reviewed the rezoning request as submitted for vacant property located south of 1920 N. Larch Street in the City of Lansing. The EDC supports this rezoning and encourages the Lansing Planning Board to forward to the City Council a positive recommendation. The EDC supports this rezoning for the following reasons: 1. The subject property is located directly adjacent to the old Motor Wheel Site which will begin redevelopment for Industrial use in the very near future. The property in question is currently zoned residential and if developed as such, could pose a serious land use conflict. 2. Other surrounding properties, which front on Larch, are used for commercial purposes. If this property were to be developed as a residential use, the commercial activities of the area could present a land use conflict. Z-6-99 Vacant land south of 602 Woodbury Street page 3 "C" Residential District to "F" Commercial District If there are any additional questions, do not hesitate to contact me. Thank you for the opportunity to comment on this case. FIRE MARSHALL: No objections. MEDIA ONE: No response received. MI DEQ: No response received. t MI DEPT. TRANSPORTATION: No response received. PUBLIC SERVICES : 1. Public Service has no objection to the proposed rezoning. 2. A site plan will be required for the proposed development. Please note: an 8" sanitary sewer currently exists in the vacated freemont right-of-way under the proposed building. This issue can be resolved as part of the site plan review process. TRANSPORTATION No response received. Description of Site The property is currently a vacant lot. Ground cover consists of gravel and weeds. The site is relatively level, but drops in elevation approximately 15 feet along its southern edge. There has been a'cul-de-sac constructed on the south end of N. East Street where it terminates adjacent the north-east corner of the property. The City Assessor's records do not show that additional right-of-way was ever dedicated for N. East Street at this location. ANALYSIS COMPLIANCE WITH THE MASTER PLAN The Northeast Area Comprehensive Plan, Future Land Use Map, designates this area for industrial and warehouse development. N. Larch Street is designated as a principle arterial street, but is essentially one-way northbound adjacent the site because of median barriers on the north approach to the railroad overpass located to the south. COMPATIBILITY WITH SURROUNDING LAND USE Surrounding land uses are a mixture of commercial and residential. There is a well established residential neighborhood to the north along Woodbury Street and N. East Street. The subject property is a transition area between the residential neighborhood and the former Motor Wheel parking lotto the south. Z-6-99 Vacant land south of 602 Woodbury Street page 4 "C" Residential District to "F" Commercial District IMPACT ON VEHICULAR AND PEDESTRIAN TRAFFIC The proposed could potentially impact vehicular traffic because the entrance, as shown, is limited to N. Larch Street, where N. Larch Street is essentially one-way northbound. Southbound traffic on N. Larch Street would be required to drive over the railroad overpass to E. Grand River Avenue and return on north-bound N. Larch Street, or would be tempted to "hop" the median curb opposite the proposed driveway location. As an alternative, access to the site from the adjacent commercial lot on the corner of Woodbury Street would encourage commercial traffic to cut through the residential neighborhood. r As yet the Planning Department has not received a response from MDOT regarding access to the property. This should be resolved before progressing with the Planning Board's recommendation. ENVIRONMENTAL IMPACT The subject property does possess sufficient land area to permit proper buffering of the adjacent residential neighborhood, and may even serve as a buffer, or transitional use, if the former Motor Wheel site to the south is ever redeveloped with other heavy industrial uses. IMPACT ON FUTURE PATTERNS OF DEVELOPMENT While there is an established pattern of commercial strip development of formerly residentially zoned properties adjacent the N. Larch Street/N. East Street corridor, Staff believes it is the issue of access that will control the future development of this property. Staff believes the access currently proposed is dangerous, and access for a commercial use through the residential neighborhood is undesirable. If the property were developed under the current residential zoning, access form Woodbury and N. East Street would be acceptable. Staff believes that ideal access to the site for (non-residential purposes),would be through adjacent industrial property to the south. If the property were developed as proposed, but access were required from the south, the site would loose its desirability for commercial development, and would only be acceptable as an extension of any future industrial uses from the south. RECOMMENDATION Staff recommends this item be tabled to give the applicant more opportunity to resolve staff's concerns regarding access to the site. This should include a solution acceptible to both MDOT and the City's Transportation Engineer. Respectfully Submitted, Jim Sturdevant, AICP Senior Planner Z-6-99 Vacant land south of 602 Woodbury Street page 5 "C" Residential District to "F" Commercial District Z-6-99.FE.wpd t r Z� cle_ q9 Srfie f l4� � I 1 I I � I I I I 1 I I 1 I I f 26 i 25 i 24 4 I � 1 n 1 1 I 0 I I 1 dT I 1117*-0' 1 46'-0" I 1 I 120�O' Q 1 ry i i i 34 •- OI I � � TR/�941 @lCl.o�I,RJ< 1 1 �IV°I�fVLTPAVIN6 ; O i �--------- 1 i S 1 2-72'10 - 30 31 i 33 I 1 0 1 � I 11) 1 1 1 a+ f `Q` 1'Rl�PD�T7 LUIL.DI}b " CONG.AALK 'bDo S P. o M1 ' FREMONT 5S. II 11 3 (VACA IT EDY' 111L ._---:�._��-._ l8-------i--11 _ 10 425.01--��- ------ ----------- PRELIMINARY SITE PLAN 14 tlrt a /V,?P No R-rH N B.g• �9J T' 0" I 1000 2s E"O' 1125 9 23 u w : d o� 93 Zo/v ins•_021 2a 8 I oy l A ;moll 92 0 `� 17 "s 21 91 z ED 2 7 �( ANOODBURY a y WO `� '^ ST. M o 063/ 1 90 ^^.. due I> Oy 8I r k 061 21 ay 10 1 0�� oil 9 '0 a w r OS/7 8 O V 20 — ti :o Fro PeSC44 4 �25 23 22 I ARI ti itc o v — y f (20 031 ` w : OG 7 µCRC ? 19 3 �Z 30 3 4 O2/ 6 0 18 9� 2 o 3 CD O q Y 1 74; r ' 84 � 61 O 5 v L — 5 - I P5 o c F M0[�iT VAC . C. P. ` 3- 1 - I 15 :j h �� Ek 10 14 I --1 m h r + 62 u ro 17 2 t( �� 63 U �1� 0 16 I I 10 7 m al 64 \ n , 80 a K r Urban Development Committee Report Page 2 May 13, 1999 a. Act-5-99, 1223 Turner Street, Awning in ROW Jim Sturdevant presented the case. David Ferguson, the applicant, requests permission to install building fixtures over the public ROW at 1223 Turner Street. These fixtures include a retractable awning and gas-light fixtures. The awning is designed to be retractable, and thus requires no action on the City's part. The light fixtures will project approximately three feet into the right of way, and will be a minimum of eight feet over the sidewalk. The project adheres to the minimum standards that would be required if this property were located in the Capitol Center District. These standards require a minimum vertical clearance of eight feet above grade, and a maximum projection of four feet, and allow projections over the ROW with the approval of the Planning and Neighborhood Development Department. In addition, the design of the awning and light fixtures will be compatible with the Victorian architecture of the North Lansing/Old Town commercial district. STAFF RECOMMENDATION Staff recommends approval of the light fixtures which project over the public right-of- way on the condition that they meet the minimum standards required for projecting signs and awnings as outlined for the Capitol Center Sign District. COMMITTEE ACTION Finding: The Committee reviewed the location, character and extent of the applicant's proposal, and found: 1. that the project meets the minimum standards required of properties located in the Capitol Center District and that the application of those standards is reasonable in this case, and 2. that the design of the awning and light fixtures is compatible with the architecture of the North Lansing/Old Town commercial district. Motion: It was moved by Ms. Winfrey-Keene, seconded by Mr. Smith to recommend approval of Act-5-99, to allow four light fixtures to project less than four feet into the Turner Street ROW, at a minimum of eight feet over the public sidewalk. On a voice vote, the motion carried unanimously (3-0). r ACT-5-99 Request to install building fixtures that project over the public right-of-way Grand Center, 1223 Turner Street GENERAL INFORMATION APPLICANT/OWNER: David Ferguson, Ferguson Development 1223 Turner Street Lansing, MI 48906 REQUESTED ACTION: Request to install building fixtures that project over the public right-of-way. The applicant wants to install an awning and gas-light fixtures to the front of the building. These fixtures will project over the right-of- way of Turner Street EXISTING LAND USE: Property contains office uses and potential retail/restaurant uses. PROPERTY SIZE & SHAPE: 39,240 square feet (0.85 acres), rectangular SURROUNDING LAND USE: N: "On The Grand" Condominiums (44 units) S: Commercial E: Commercial, warehouse W: Grand River SURROUNDING ZONING: N: "DM-3" Residential District S: "H" Light Industrial E: "H"Light Industrial W: "C" Two Family Residential MASTER PLAN DESIGNATION: The Northeast Area Comprehensive Plan, Future Land Use Map, designates this area for commercial development. CASE HISTORY: The site was most recently used as a warehouse for a furniture business. The building was placed on the National Register of Historic Places following the recommendations of Memorandum 76, Historic North Lansing. The property was then purchased by the developer of the adjacent "On The Grand" residential development. APPLICANT'S PROPOSAL The applicant wants to install an awning and gas-light fixtures to the front of the building. These fixtures will project over the right-of-way of Turner Street. The ACT-5-99 Installation of building fixtures over the public right-of-way page 2 Grand Center, 1223 Turner Street applicant had originally proposed to construct a rigid framed canvas awning, but has since modified his plans to construct a retractable canvas awning. Background Information The subject property is part of the first established downtown commercial district in the City of Lansing.. Many adjacent buildings ( the 100, 200 & 300 blocks of E. Grand River Ave. and the 1200 block of Turner Street) were originally constructed for commercial/retail use on the ground floor and residential use on the upper floors. More recently, entrepreneurs purchased many of these older buildings,because of their historic character and charm. Much effort has been put into restoring the Victorian architecture of several of these buildings in order to re-create the commercial district's former atmosphere. Description of Site The subject property is bounded by Turner Street on the east, the Grand River on the west, "On The Grand" Condominiums is to the north, and to the south is a continuation of North Lansing/Old Town's historic buildings. The building has four floors, with the main (second) floor at the level of Turner Street. The subject site recently completed the City's Site Plan Review process, which reviewed proposed structural changes, interior finishes, and off-street parking. requirements necessary to complete the extensive work that has been done to the building and the site. Review under Act 285 requires an assessment of the location, character, and extent of the property and its use. Location The subject building is located adjacent the west right-of-way line of Turner Street. Anything placed on the front of the building that extends toward the street would be projecting over the public right-of-way. The proposed awnings and light fixtures project approximately 40 inches from the front of the building (which amounts to 36 inches over the public sidewalk), and are eight feet or more above the grade of the sidewalk. Character As previously discussed in this report, the character of the North Lansing/Old Town Commercial District is predominantly Victorian style architecture. Staff believes that it is important that any architectural projections be compatible with the specific building as well as others in the area. ACT-5-99 Installation of building fixtures over the public right-of-way page 3 Grand Center, 1223 Turner Street Extent The applicant is not requesting any vacation of the public right-of-way, only permission to extend semi-permanent building fixtures approximately 3 feet out over the sidewalk with a minimum of eight feet of over-head clearance. Because the applicant has changed his plans for a rigid framed awning to a retractable awning, the awning is no longer an issue in terms of the projection over the public right- of-way, however, the proposed light fixtures, which are "rigid", still need to be addressed. ANALYSIS Presently, the City's policy regarding projections over the public right-of-way is limited. The only place within City Ordinances that permits projection over the public right-of- way is in the Sign Code regarding the "Capitol Center District." Section 1442.24(d) reads in part as follows: (d) Projecting Signs. One projecting sign per structure shall be permitted, subject to the following conditions: (1) Four feet maximum projection; (2) May project over the right-of-way with approval of the Department of Planning and Neighborhood Development; ... Under this section, the Department has essentially considered canopies as projecting wall signs, which must also maintain.a minimum vertical clearance of eight feet, and project a maximum of 36 inches. Because a specific procedure for this issue is not addressed anywhere else in City Ordinances, all other requests outside the "Capitol Center District" and not addressed by the Sign Code are handled on a case by case basis through the ACT-285 review process. SUMMARY The applicant's proposed awning and light fixtures will project less than the four feet maximum permitted for projecting signs, and will maintain a minimum eight foot clearance over the sidewalk, which are the minimum standards required in the Capitol Center District. In addition, the design of the awning and light fixtures will be compatible with.the Victorian architecture of the North Lansing/Old Town commercial district. ACT-5-99 Installation of building fixtures over the public right-of-way page 4 Grand Center, 1223 Turner Street RECOMMENDATION Staff recommends approval of the light fixtures which project over the public right-of- way on the condition that they meet the minimum standards required for projecting signs and awnings as outlined for the Capitol Center Sign District. Respectfully Submitted, Jim Sturdevant, AICP r Senior Planner I A c IS1'%;_ iv, BLDG COr BRIG ROWLOCK SEGMENTAL ARCH II II , 7 EJ..S. q lJL — `rI TONE y E " COPING POWLO:K THIPD FL-OOP SECOND FLOOR d. IJfl- % FIRS? Fi,00R I --i I - - _ - - - - ,I - - - - - - - - - - I I NI I I Q I I -�_ LOWER LEVEL I I EAST ELEVATION 0l a 8 E I I idol SCALE : 1/8' _ 1'-0' h r ti S V �. t' .a .G � �?�8awr"' 'raa�7s,n•..b r, .'.r '""�"' 1N / ^�'�"• ZP i 3. �� {� t 'Ts� � i � f� t�1 S, r 1qx ��. .r •T«ir,•�? 'fir !'isS1 4: aKs � Iu a $ r ' :, r � 'iW�' �� ,t• M -yA� .":?. .fie M _ fit l Y Vas ^rtf �'2�,,�sh-r y`'y A�"��?'��a •.'tY� Ai'n �'�^ •� y"� '� '}�• '�2�+l tiny • A NOLAMRUM AUXF- Retractable Window Awning S stem m � :0 6 _ AU-22 ROLLER TUBE 542-C MOTOR W/BAKT,CROWN A DRIVE MML AU-106 BRACKET FDA MOTOR AU-101 BRACKET FOR GUDGEON AUJ6 ROUND SHAFT GUDGEON \ / REVERSE BRACKET \ m WHEN USING OVERRIDE)MOTOR AU-52f1 CENTER SUPPORT AU-606 HOOD BRACKET- - ....------ - AU-34 SQUARE GUDGEON AU-32 ROLLER TUBE- . 0 AU-147 GEAR 7:1 RATIO AU-106 BRACKETfoR GEAR AU-30i HOOD AU-W1 HOOD END COVER AU-271 RECESS BRACKET AU-306 2 FT.4 IN.ARM) 0 O AU-307 3 FT.4 IN.ARM) AU-306 4 FT.6 IN.ARM) p 0 AU-307 6 FT.0 IN.ARM) AU-27 FRONT BAR >/ i -- AU-28 END CAP FOR FRONT BAR HAND BRACE I -- O Top View with. Cover Side View with Cover Width No.of Center Gear Width No.of Center Gear of Awning Arms Supports of Awning Arms Supports 6' 2 0 7:1 18' 3 1 7:1 7' 2 0 7:1 19, 3 1 7:1 8' 2 0 7:1 20' 3 1 7:1 9' 2 0 7:1 21' 4 1 7:1 10' 2 0 7:1 22' 4 1 141 11' 2 0 7:1 23' 4 1 14:1 , 12' 3 0. 7:1 24 4 1 14:1 25' 4 1 14:1 13' 3 0 7:1 26' 5 1 14:1 14' 3 0 7:1 27' 5 1 14:1 15' 3 0 7:1 28' 5 1 14:1 16' 3 0 7:1 29, 5 1 14:1 17' 3 0 7:1 30' 5 1 14:1 t VICTORIAN GASLIGHT II s; !hwo: 579WB or.9`PM Bracket scales 16"z17". `When post mounted as a twin-arm, the center of light is spread by 37". Will carry our Old Town A850, Boulevard D650, Avenue B750, 16", 18" " and 20" Globes and larger futures with various wattages of high pressure sodium, metal halide and mercury vapor. See page 51 for four arm photo. APPROVED JUNE 15, 1999 Draft 052099 Approved 061599 To Clerk 062899 Minutes of the Regular Meeting LANSING PLANNING BOARD 7 P.M., City Council Chambers Tenth Floor, Lansing City Hall 124 West Michigan Avenue Tuesday, May 18, 1999 r- 1. OPENING SESSION: Chairman Ruge called the meeting to order at 7 p.m. A. Roll Call. Present: Frederick, Goolsby, Keene, Miller, Nischan�Smith, Ruge. Seven members present; one vacant seat. B. Excused Absences - None. C. Introductions. James A. Ruff, Zoning Administrator, introduced staff present, Jim Sturdevant, Senior Planner, and Louise H. Christian, Recording Secretary. 2. APPROVAL OF AGENDA - A corrected agenda was approved with the following additions: Under 3. COMMUNICATIONS: 1. Memo dated May 12, 1999 from Capt. Rick Cook, Community Policing, to Doris Witherspoon Re: Act-6-99, 621-23 E. Michigan, Outdoor Seating in Right-of-way 2. Letter dated May 17, 1999 from Brent Titus, representing Rush Equipment Re: Z-5-99, 3940 N. Grand River Avenue, Southwesterly 100 ft thereof, "A" Residential District to "F" Commercial District, and under 8. NEW BUSINESS - Cancellation of June 1, 1999 regularly scheduled meeting. With those additions, the agenda was approved. 3. COMMUNICATIONS 1. Memo dated May 12, 1999 from Capt. Rick Cook, Community Policing, to Doris Witherspoon Re: Act-6-99, 621-23 E. Michigan, Outdoor Seating in Right-of-way 2. Letter dated May 17, 1999 from Brent Titus, representing Rush Equipment Re: Z-5-99, 3940 N. Grand River Avenue, Southwesterly 100 ft thereof, "A" Residential District to "F" Commercial District 4. HEARINGS A. Act-6-99, 621-623 East Michigan Avenue, Outdoor Seating in Public Right-of-way Mr. Sturdevant presented the case, a request by Kris Elliott, owner of a new restaurant at 621 East Michigan Avenue. He is requesting an Act 285 review for permission to put seating on the sidewalk in front of the restaurant. He plans to expand the restaurant into a second building PLANNING BOARD MINUTES MAY 18, 1999 PAGE 2 adjacent to 621 East Michigan Avenue. The entrance to the seating area would be from inside the expanded portion of the restaurant. The width of the sidewalk from the face of the building to the curb is approximately 18 feet. He proposes to put a wrought iron fence approximately 9 ft out from the building and 23.5 ft long in front of the restaurant. The fencing would be semi-permanent, to be removed seasonally rather than nightly. The zoning of the buildings is "G-1" Business District. Some public improvements such as street light poles and parking meters are close to the proposed fence; however, the applicant has tried to keep a minimum five ft distance from any of those objects to allow pedestrians passage on the sidewalk. Mr. Ruge asked if this is next door to the Corner Creamery. Mr. Sturdevant said it is the second door west. The proposed expansion is into the space intervening between 621 and the Corner Creamery. Mr. Ruge said the Corner Creamery had tables in the right-of-way last year; did they get a permit? Mr. Sturdevant did not know; if they did, the tables were probably removed at the end of the day. Mr. Elliott's installation would stay through the day and evening. KRIS ELLIOTT, 621 East Michigan Avenue. I am here to answer questions or concerns you might have. Ms. Keene asked how many feet between the railing and the curb; Mr. Elliott said 9 ft 6 inches. Seeing no one else wishing to comment, Chairman Ruge declared the hearing closed for Act-6-99, 621-623 East Michigan Avenue, Outdoor Seating in Public Right-of-way and the case referred to the Urban Development Committee meeting at 4 p.m on Tuesday, May 25, 1999, in the Department Conference Room, 316 North Capitol Avenue. B. Act-7-99, Somercroft Drive at Post Oak Lane, Vacate Public Right-of-way for School Parking Mr. Sturdevant presented the case, a petition by Lansing School District for an Act 285 review requesting that the City either close or vacate Somercroft Drive, a one-lot deep dead-end street running north off Post Oak Lane. It is adjacent to the Post Oak School grounds on the northwest side. The city limits end at the north end of the Somercroft right-of-way. Lansing Township is located to the north. The property to the north is office and office park and apartment buildings. The need for extending Somercroft Drive no longer exists. The street provides no public purpose. The applicant was not sure which was the better option, closure or vacation. They intend to expand the parking lot on the school grounds, possibly into part of the street right-of-way, for more faculty parking. Utilities located in the street need to have easements PLANNING BOARD MINUTES MAY 18, 1999 PAGE 3 maintained for them. If the right-of-way were vacated in the future, half would revert to owners of the adjacent single-family property to the west, and half to the property owner to the east, Lansing School District. That would split the curb-and-gutter street down the middle. If the street were closed, the City could enter into a license agreement with the School District for any other improvements there such as expansion of the school parking lot. Surrounding properties are zoned residential. The actual area is approximately 150 ft long x 60 ft wide. Mr. Ruge asked about parking lot setbacks from adjoining residential uses and about required screening and buffering. Mr. Sturdevant said the School District has not filed a development plan for the property; however, through the site plan review process, screening and buffering would be required, especially if the right-of-way were closed. Mr. Ruge asked if the zoning ordinance requires a setback from a parking lot adjacent to residential? Mr. Ruff said generally,the ordinance states a minimum of 5 ft to a maximum of 20 ft for landscape screening and buffering. It is handled in the site plan review process. Mr. Goolsby asked how close is the parking lot to the street? Mr. Sturdevant said it appears to extend to the right-of-way line, approximately 12-15 feet from the curb. Mr. Frederick said if the City closed the street and maintained ownership, they could license the whole street for parking. That way neighbors would end up having the parking lot closer to them than if it were vacated and they received half the street. Mr. Ruff said both properties would then be butted up together. A landscape screening and buffering plan would still be required. We would have to be careful of the location of the easements. Mr. Sturdevant noted that vacating raises the issue of what to do with half an asphalt street, curb and sidewalk that would be left. The applicant was not present. MATT RADEMACHER, 2330 POST OAK LANE. My wife Gina and I are the adjoining property owners. The school district already uses the street for a parking lot. Vacating would be ideal. I would hope the school district would take care of the relandscaping. There is a main sewer line in the middle of the street connecting to the professional buildings behind us; also a gas line, and overhead utilities. We cannot figure out what the school district would gain unless they plan to redo their entire parking area. It gets very congested along Post Oak when parents drop off and pick up children. The school is an excellent neighbor, because all summer long,they are not there. When we first moved in, the street was a problem, with youngsters loitering. My wife said our property values would drop because we would no longer have a corner lot, which was attractive to us when we bought the property. If there was a right-of-way PLANNING BOARD MINUTES MAY 18, 1999 PAGE 4 vacation, that would increase the attractiveness of our property, assuming appropriate relandscaping. Pending what would happen with the sewer line, etc., I would extend my fence. My backyard is fenced, to stop cut- through pedestrian traffic. I have ingress and egress off Somercroft right now through a double gate at the back of my lot for doing landscaping and home repair. The street is not totally useless. It is also used as a school parking lot right now, putting existing parking practically beside my house. Any suggestions about setbacks all sounds very attractive to me because it would make the distance greater. I am not opposed to the school putting in a parking lot on their side of the line. Mr. Nischan asked if vacation would cause an access problem to the backyard. Mr. Rademacher said he could move his double gate to the front. Mr. Rademacher has a six ft high chainlink fence; a similar fence was extended across the back by the professional office developers to the north to prevent pedestrian cutting through their property. Seeing no one else wishing to comment, Chairman Ruge declared the hearing closed for Act-7-99, Somercroft Drive at Post Oak Lane, Vacate Public Right-of-way for School Parking and the case referred to the Urban Development Committee meeting at 4 p.m on Tuesday, May 25, 1999, in the Department Conference Room, 316 North Capitol Avenue. C. Act-8-99, 217-221 South Grand Avenue, Barrier-free Access Ramp in Public Right-of-way. Mr. Sturdevant presented the case, a request by Goodrich and Associates, Inc., to vacate 5 ft of right-of-way to construct a barrier-free ramp to access the office building owned by the applicant at 217-221 Grand Avenue. They want to extend an access ramp to their front entrance which is approximately seven inches higher than the sidewalk. Currently they have a permanent awning that extends about six ft out from the building. The sidewalk there is approximately 12 ft from the building to the curb. The ramp would extend out about 5 ft. The property is zoned "G-1" Business District. There are no obstructions close by. Mr. Ruff said the applicant is putting in a new elevator, equipment and shaft, and making other improvements to the building as part of overall improvements. DALE GOODRICH, 4581 WINDSOR HIGHWAY, POTTERVILLE. I am the owner of the property. We are in process of a complete renovation of this three-story office building of about 3,200 sq ft. On the north side of the building, we are adding an addition which will contain a new elevator, stairway, and men's and women's bathrooms. We are requesting a barrier-free ramp for access to the front of the building. The front access PLANNING BOARD MINUTES MAY 18, 1999 PAGE 5 is needed to get to the elevator lobby area. The Lansing City Club, the building next to us on the north side, has been granted the same barrier- free ramp. For the Grand Tower on the south, Washtenaw Street was vacated, and part of the building was placed in the right-of-way, so precedents have been set on both sides of this property. Seeing no one else wishing to comment, Chairman Ruge declared the hearing closed for Act-8-99, 217-221 South Grand Avenue, Barrier-free Access Ramp in Public Right-of-way and the case referred to the Urban Development Committee meeting at 4 p.m on Tuesday, May 25, 1999, in the Department Conference Room, 316 North Capitol Avenue. D. Act-9-99, SE Corner North Grand Avenue and Saginaw Street, Adado Riverfront Park, Parking Lot for LCC Use. Mr. Sturdevant presented the case, a request by Landscape Architects and Planners, the applicant on behalf of the Parks and Recreation Department in conjunction with Lansing Community College to construct a parking lot in a city park. Right now there is an existing access driveway into the park from Grand Avenue. A sidewalk runs to a restroom facility in the area. It is part of the River Trail. LCC proposes to build the parking lot at their expense and use it for faculty parking in return for the City taking over the lot and improvements at some future time. The area is park land, a large grassy open area with some improvements--a water spigot, storm drain, a small platform for performances, and some electrical services. In the past the area has been used for parking for carnivals and other events. The tree line along Grand Avenue will be maintained. Going north on Grand Avenue, the elevation increases 6-8 ft to Saginaw Street, in effect obscuring the view of this corner of the park Mr. Nischan asked if Parks and Rec initiated the request, and if the designated number of years was specified. Mr. Sturdevant said Lansing Community College approached the Parks Department about it, and the time duration was not specified. ROBERT FORD, LANDSCAPE ARCHITECTS AND PLANNERS, 809 CENTER STREET, LANSING. We were retained by Lansing Community College to design a 122-space parking lot in the Adado Riverfront Park, publicly owned land. Also here are Ron Roush, Director of Operations, LCC; Eric Reickel, Director, Parks and Recreation Department; and Mark Bristor, Landscape Architects and Planners, who did much project design work. The suggested lease agreement period was 20 years; however, it has not been finalized. LCC proposes to use the lot five days a week in their peak times, fall and winter semesters and spring. Summer is not as critical, and they would be flexible regarding release time of the lot for community events and park use. If there is conflict or overlap, it would be PLANNING BOARD MINUTES MAY 18, 1999 PAGE 6 worked out in the lease so that Parks would have first right of refusal on lot times for special events. It would be a joint project, shared by both. The Parks Department approved the concept unanimously. The area, used for staging events, is in a substandard condition because of poor soil and drainage. In 1975 architects for the original conceptual design for the area designated it for staging and parking. Ms. Love came at this point. MARK BRISTOR, LANDSCAPE ARCHITECTS AND PLANNERS, 809 CENTER STREET, LANSING. Before beginning, we went to the Parks and Recreation Department to find out what kinds of activities went on in the park; we noted 30 different activities. The lot has been designed to accommodate River Fest, 5-K runs, and other activities. There would be tent tie-downs in the lot, which meets current setbacks for the zoning. An agreement has been worked out with LCC for all construction improvements, asphalt, and widening. They will also do grass cutting, snow removal and provide security during the week. The finer details remain to be completed. They will provide funding and maintenance for the long-term agreement. Mr. Goolsby asked about hours of usage during the week. Mr. Bristor said faculty will use it for parking when they are on campus for classes, on an as-needed basis. Mr. Ford noted Parks will have right of first refusal; in the lease agreement many of these times will be designated or set in advance for known events Mr. Ford said the Parks Department will commit to a schedule. M-F could be worked out for the college in fall and winter when demand for the park would be low; approaching spring-summer activities, Parks may require Fridays, or even a Thursday-Friday combination. Mr. Nischan asked about Grand Avenue becoming a two-way street; Mr. Bristor said the design will be flexible to accommodate that eventuality. It will not affect the overall design of the lot. Mr. Frederick asked about what accommodations have been planned for run-off of automobile pollutants. Mr. Bristor said municipal standards would be met. There would be underground storage to handle sediments. Mr. Ford said an oil trap would be built into the vault to prevent discharge into the river. Run-off would be retained within the lot itself. Mr. Smith asked about the view toward the lot from the east river bank. Will buffering be provided? Mr. Bristor said there are some spruce trees, and additional landscape screening and buffering would be provided. If and when the River Trail also runs along the west bank, the lot design has been done so as to keep the corridor open. Mr. Ford said they will give further consideration to viewing angles from the east. PLANNING BOARD MINUTES MAY 18, 1999 PAGE 7 Mr. Ruge asked about the slope of the lot to the north, about the useful life of a parking lot, and about load bearing potential. Mr. Bristor said the tree line will be utilized as kind of a benchmark; the lot will slope towards the storm drain. Mr. Ford said twenty years is a reasonable life expectancy before major resurfacing and upgrade is required. A deeper base and thicker asphalt layer than would be required for automobiles will handle heavier loads, particularly in aisle lanes. Mr. Ruge asked if parking is allowed in the "A" Residential District. Mr. Ruff said the special land use would be the normal situation where a parking lot is developed for private use. This case would be a combination of uses. The Act 285 looks at location, character and extent of the use, whereas the special land use looks at many of the same things, yet it is not going to be exclusively used by LCC. If the Parks Department built a parking lot for their use, it would be an accessory use, so we would not be considering a special land use. We will have to consider this. RON ROUSH, DIRECTOR OF OPERATIONS, LANSING COMMUNITY COLLEGE. Historically, the College did lease this parcel from the City in the early-to-middle 70s as a parking lot. Unless the zoning has changed, it was allowable at that time. Mr. Ruff said the ordinance has changed. Ms. Love said it changed substantially, in 1983. Seeing no one else wishing to comment, Chairman Ruge declared the hearing closed for Act-9-99, SE Corner North Grand Avenue and Saginaw Street, Adado Riverfront Park, Parking Lot for LCC Use and the case referred to the Urban Development Committee meeting at 4 p.m on Tuesday, May 25, 1999, in the Department Conference Room, 316 North Capitol Avenue. 6. COMMENTS FROM THE AUDIENCE DOROTHY JONES, 426 WEST BARNES, LANSING. I attended the April 8 meeting that was the beginning steps of the marketing study for housing in the entire City. The marketing study for downtown was the first step in the Master Plan for downtown. I am assuming this marketing study will again be a first step toward a city-wide master plan. I ask you recommend strongly to the Planning Department that neighborhoods be invited to begin now to look at their own neighborhood about what they would like to see happen in their neighborhood in the next 20 years. A man who is a planner living in our neighborhood spoke to our group about how we should be looking at our own area for a long-term plan. He said you need to get all of the neighborhoods in the City involved. If we could use the clout of the Planning Department to go to the neighborhood organizations, and to areas where there aren't neighborhood organizations, we could encourage discussions at the beginning of the process, so that when we PLANNING BOARD MINUTES MAY 18, 1999 PAGE 8 do see a final plan, there won't be so many irate people as there were after the Downtown Plan came out. Chairman Ruge asked Ms. Love to review the Master Planning process. Ms. Love said to address the issue in part, she has been accompanying various planners to neighborhood organization meetings, talking to them about what the Planning Department is doing, what major things are planned for the upcoming year, and introducing the various neighborhood organizations to the planners assigned geographically to their area. "Last week, Donna Wynant and I visited Forest View and spoke to them about the housing study." We are using that as a major piece of information for the City-wide Master Plan or Comprehensive Plan. The next thing that we will be doing on a city-wide basis is a resource inventory, for the first time analyzing land use, soil, ground water, contaminated sites, and a variety of other issues that deal with how we zone and use land in the City of Lansing. Mrs. Jones is correct that we encourage neighborhoods to begin to look at issues in their neighborhoods and what kinds of answers or alternatives they would choose as solutions to those problems. It is critical that neighborhoods do this. I have been to organizations on the east side, talking about things they need to deal with, and things they need to think about. They will have the benefit of the information we will be gathering on a city-wide basis concerning physical characteristics of the land and housing and other studies that will provide them with good base information to make decisions and recommendations about their neighborhoods. In addition to the information for the housing study, we are also asking neighborhoods to begin to prepare themselves. So they can get started, we want to give neighborhoods something brief, for example, maps showing locations and numbers of single-family dwellings and duplexes, the economic characteristics of the neighborhood, what things should stay the same and what things should be changed. Those are all elements that should be in a master plan. 7. RECESS - None. 8. BUSINESS SESSION A. Minutes for Approval: April 20, 1999 Mr. Nischan made a motion, seconded by Mr. Goolsby, to approve the minutes of April 20, 1999. Mr. Ruge, who had an excused absence from that meeting, noted corrections as follows: Pg 1 Ln 3.19" Pos 1.5" ChaiffnanRttgeVICE CHAIRMAN GOOLSBY . . . . Pg 1 Ln 5.96: Pos 1.5" Chairman RugeVICE CHAIRMAN GOOLSBY . . . . With those corrections, on a voice vote, Ayes: All; Nays: None; carried, unanimous; the minutes of April 20, 1999 were APPROVED. B. Minutes for Approval: May 4, 1999 PLANNING BOARD MINUTES MAY 18, 1999 PAGE 9 Mr. Nischan made a motion, seconded by Mr. Goolsby, to approve the minutes of May 4, 1999. On a voice vote, Ayes: All; Nays: None; carried; unanimous; the minutes of May 4, 1999 were APPROVED. B. Committee Reports 1. Committee of the Whole - Did not meet. 2. Zoninq and Ordinance Committee - May 12, 1999; Mr. Miller, Chairman. a. Z-5-99, 3940 N. Grand River Avenue, Southwesterly 100 ft thereof, "A" Residential District to "F" Commercial District This is a request by Roy A. Johnson of Rush Equipment Center to rezone property from "A" Residential District to "F" Commercial District located at 3940 N. Grand River Avenue to permit construction of a ground pole sign in front of the building. Rezoning of the property would also permit display of vehicles and equipment for sale and other allowable uses. There is a zoning pattern that runs along the north side of this section of North Grand River Avenue that provides a buffer to development which helps to protect the residential uses along the south side of North Grand River Avenue. This buffer consists of"A" Residential, "J" Parking, or "D-1" Professional Office zoning districts. This buffer varies from 50 ft deep to 100 ft deep. There are some occasions where there is no zoning buffer, but landscaping is provided between the commercial development and the residential development south of North Grand River Avenue. Generally, north of the buffer zonings, the properties are zoned "H" Light Industrial. This particular property has approximately 150 ft of buffer zoning consisting of 95 ft of "A" Residential and 50 ft of"J" Parking. Rezoning the front 95 ft to "F" Commercial would allow for the applicant to achieve his goals but would result in a zoning pattern that is inconsistent with the buffer zoning that typifies this section of North Grand River, is inconsistent with the intent of the Master Plan, would permit uses that could be incompatible with surrounding land uses, and create an odd zoning pattern for the subject property. Also, the proposed zoning would set a precedent for adjacent properties that still maintain the buffer zoning pattern. Staff believes this could adversely impact the appearance of North Grand River Avenue and the residential uses that are maintained on the south side of North Grand River Avenue. PLANNING BOARD MINUTES MAY 18, 1999 PAGE 10 Staff recommends denial of the proposal as requested, believing that a minimum of 50 ft of the "A" Residential District should be maintained for buffering the residential neighborhood and for maintaining the avenue character of this portion of North Grand River Avenue. The Committee, based on testimony and evidence, concurred with the staff report, yet the Committee found further that the property had a greater buffer associated with it than was typical. Through deliberation with the staff and the applicants present, the Committee found that by rezoning the front 95 ft of the property to "J" Parking, a construction buffer would be maintained along with a more consistent zoning pattern. Also, the applicant could, and agreed to, file for a Special Land Use permit to allow the display of vehicles (new commercial tractors) in the "J" District. The Special Land Use procedure would allow for greater site plan control of the location of the display area and buffering along Grand River Avenue. The applicants also agreed to amend their rezoning request authorizing the recommendation to "J" Parking. Their competitors have an advantage now in displaying equipment at that location. In Committee, it was moved, seconded, and carried unanimously, 3-0, to deny Z-5-99, 3940 N. Grand River Avenue, Southwesterly 95 ft thereof, "A" Residential District to "F" Commercial District as requested but recommended approval of the rezoning of the southwesterly 95 ft from "A" Residential to "J" Parking District. Mr. Ruff made a clarification, saying that a letter, one of tonight's communications, had been received from the applicant's representative, Mr. Brent Titus, in which Mr. Titus stated that they came away with the impression that it was the northern 50 ft of southern 100 ft that would be rezoned to "J" Parking. "I told them this evening that I was under the impression, and I wrote the Zoning and Ordinance Committee report as such, that the motion was to rezone the entire 95 ft to "J" Parking. But I want to make sure that I have concurrence from the Committee. . . . I also wanted to verify that I got the message at the meeting and the motion." Mr. Miller made a motion, seconded by Mr. Goolsby, based on testimony, evidence and the staff report, a copy of which is attached hereto and made a part thereof, to approve the rezoning of the southwesterly 95 ft from "A" Residential to "J" Parking District. PLANNING BOARD ACTION on the motion was as follows. PLANNING BOARD MINUTES MAY 18, 1999 PAGE 11 Mr. Goolsby said discussion took place because of concern regarding the impact on the residential area south of Grand River. The applicant is going to file for a Special Land Use permit which will allow them to display equipment in the "J" Parking District, similar to their neighbors next door. The "J" Parking District allows them to put up a sign. We will try to expedite the special land use application. Mr. Goolsby asked Mr. Ruff to address the issue on Page 2 of Mr. Titus's letter, last paragrapy, temporary permit for a Grand Opening sign. Mr. Ruff said he discussed with them the possibility of a temporary use, and the need for them to put it in writing. The "A" Residential District allows for temporary uses, but the situation must be evaluated along with the plan that they will be submitting, to be sure we can accommodate their request for a limited temporary situation. Mr. Goolsby recognized that the property to the east of the applicant is apparently out of compliance with the zoning code. Mr. Ruff has assured the Committee that he will be taking the appropriate action. The end result of the rezoning as the Committee is requesting it would be to provide consistency in the corridor. Mr. Sturdevant has sent a letter to the adjoining property owner, and enforcement action is taking place. Frederick . . . . . . . . . . . . . . . . . . . . Ave Goolsby .Ave Keene. . . Ave Miller. . . Ave Nischan . . . . . . . . . . . . . . . . . . . . . Ave Smith . . Ave Ruge . .Ave On a Roll Call Vote, there were: Ayes: 7; Nays: 0; Z-5-99, 3940 N. Grand River Avenue, Southwesterly 95 ft thereof, "A" Residential District to "J" Parking District was APPROVED. b. Z-6-99, Portion of Vacant Land in the 1900 Blk. of North Larch Street, adjacent to and south of 602 Woodbury Street, "C" Residential to "F" Commercial District This request is to rezone a portion of the property in order to permit construction of a retail store for sale of auto parts. The request to rezone a portion of the property to "F" Commercial is consistent with the Master Plan, compatible with the surrounding land uses by creating a transition area between the industrial lands to the south and the residential lands directly to the north, and should not adversely impact the environment or future patterns of development. The greatest concern is how this development would be accessed from the divided roadway of North Larch. This section of North Larch Street is essentially one-way northbound, and any southbound traffic on North Larch would be required to drive south to East Grand River Avenue and return on northbound North Larch Street to PLANNING BOARD MINUTES MAY 18, 1999 PAGE 12 access the site. Drivers also may be tempted to illegally hop the median rumble strips/curb opposite the proposed driveway. Staff recommends this item be tabled to give the applicant more opportunity to resolve staff's concerns regarding access to the site. This should include a solution acceptable to both MDOT and the City Transportation Engineer. After discussion, the Committee found, based on testimony, evidence and the staff report, that the developers understand the access complexities of the site and determined that the curb cut would be designed in such a way that would allow only right turns in and right turns out from the site. The development would also eliminate two other curb cuts that will help control possible cut-throughs from the industrial property to the south as well as eliminate additional points of traffic conflict. The Committee encouraged the applicant to work through the access design with MDOT. The Committee further found that the rezoning was reasonable and did not need to be tabled, knowing that the development would still be required to go through site plan review. In Committee, it was moved, seconded, and carried unanimously, 3-0, to approve Z-6-99, Portion of Vacant Land in the 1900 Blk. of North Larch Street, adjacent to and south of 602 Woodbury Street, from "C" Residential to "F" Commercial District. Mr. Miller made a motion, seconded by Mr. Goolsby, based on testimony, evidence, and the staff report, a copy of which is attached hereto and made a part thereof, to approve Z-6-99, Portion of Vacant Land in the 1900 Blk. of North Larch Street, adjacent to and south of 602 Woodbury Street, from "C" Residential to "F" Commercial District. PLANNING BOARD ACTION on the motion was as follows. Mr. Goolsby said, to clarify, there can only be a right turn out of, and into this property, because there is a small median that in theory will make it impossible for traffic to cross. "I definitely see the need for some type of additional barrier to be put up there to clearly indicate to those coming from the north who think they can whip over, that they will not be able to turn left there." Discussion also took place regarding designing ingress and egress to the property to prevent left turns into the property. The applicants understand that MDOT approval must be obtained. Some type of barrier should be placed on the median. PLANNING BOARD MINUTES MAY 18, 1999 PAGE 13 Goolsby . Ave Keene . . . . . . . . . . . . . . . . . . . . . . Ave Miller . . . . . . . . . . . . . . . . . . . . . . . . Ave Nischan. . . . . . . . . . . . . . . . . . . . . Ave Smith. Ave Frederick. Ave Ruqe . . . . . . . . . . . . . . . . . . . . . . . . Ave On a Roll Call Vote, there were: Ayes: 7; Nays: 0; Z-6-99, Portion of Vacant Land in the 1900 Blk. of North Larch Street adjacent to and south of 602 Woodbury Street, "C" Residential District to "F" Commercial District was APPROVED. C. Draft Goals and Objectives - Parking and Land Use Issues, N. Lansing-Old Town The Committee discussed the reports with staff, yet wishes to be able to spend more time discussing how the report findings could be implemented into an overlay zone for North Lansing/Old Town. After discussion, the Committee decided further consideration was necessary. Because of cancellation of the Board's regular meeting at 6 p.m. Tuesday, June 1, 1999, this item will be considered at the next regular meeting. Next meeting Wednesday, June 9, 1999 at 4 p.m. in the Department Conference Room, 316 N. Capitol Avenue. Mr. Miller asked to be excused for the remainder of the meeting. He was not feeling well. He left at this point. 3. Urban Development Committee - Mr. Nischan, Chair. a. Act-5-99, 1223 Turner Street, Awning and Light Fixtures in Right-of-way This is a request by David Ferguson, Ferguson Development, 1223 Turner Street, to install an awning and gaslight fixtures to the front of the building. These fixtures will project over the right-of-way of Turner Street. The issue is the light fixture; the awning is retractable and does not require approval. The light fixture projects almost three ft into the right-of-way; the bottom of it is in excess of eight ft above the sidewalk. The applicant's proposed light fixture will project less than the four feet maximum permitted for projecting signs, and will maintain a minimum eight ft clearance over the sidewalk, the minimum standards required in the Capitol Center District. In addition, the design of the awning and light PLANNING BOARD MINUTES MAY 18, 1999 PAGE 14 fixtures will be compatible with the Victorian architecture of the North Lansing/Old Town commercial district. Staff recommends approval of the light fixtures which project over the public right-of-way on the condition that they meet the minimum standards required for projecting signs and awnings as outlined for the Capitol Center Sign District. The Committee found, upon a review of the location, character and extend of the applicant's proposal, that 1. the project meets the minimum standards required of properties located in the Capitol Center District and that the application of those standards is reasonable in this case, and 2. that the design of the retractable awning and light fixtures is compatible with the architecture of the North Lansing/Old Town commercial district. In Committee, it was moved, seconded and carried unanimously (3-0) to recommend approval of Act-5-99, 1223 Turner Street, Awning in Right-of-way, to allow four light fixtures to project less than four ft into the Turner Street Right-of-way, at a minimum of eight ft over the public sidewalk. Mr. Nischan made a motion, seconded by Ms. Keene, to approve Act-5-99, 1223 Turner Street, Awning in Right-of-way, to allow four light fixtures to project less than four feet into the Turner Street Right-of-way, at a minimum of eight feet over the public sidewalk. PLANNING BOARD ACTION on the motion was as follows. Mr. Ruge remarked that it seems like we are getting many requests to put things in the right-of-way. "I don't remember getting a lot of these requests for people to hang awnings off the front of their buildings." Ms. Love said for one thing, we lack sign enforcement. For another, it can be that the projection meets the minimum requirements of a projecting sign in certain districts where an awning is also a sign if it meets the minimum requirements of the sign code. A third thing is that sometimes, even though the building is close, the actual awning may not be in the public right-of- way. Ms. Love said there is a difference between something overhead in the public right-of- way but not obstructing the general traffic pattern. The ones in the downtown area used to be handled by the Downtown Mall Advisory Board which is no longer in existence. That power was not given to the PSD. This is another reason for the increases you may be seeing. PLANNING BOARD MINUTES MAY 18, 1999 PAGE 15 Mr. Ruge said he looked for consistency. Mr. Goolsby said a consideration was another location possibility as opposed to a convenient location. Keene. . . Ave Nischan . Ave Smith .Ave Frederick .Ave Goolsby Ave Ruge Ave On a Roll Call Vote, there were: Ayes: 6; Nays: 0; Act-5-99, 1223 Turner Street, Awning in Right-of-way, to allow four light fixtures to project less than four feet into the Turner Street Right-of-way, at a minimum of eight feet over the public sidewalk was APPROVED. b. Next meeting Thursday, May 25, 1999 at 4 p.m. in the Department Conference Room, 316 N. Capitol Avenue. Mr. Nischan requested and received an excused absence for this meeting. Mr. Nischan also mentioned the Central Lansing Downtown Comprehensive Plan. The Committee is trying to simplify the maps to eliminate confusion concerning the mix of concept design uses, land use concepts and geography. 4. Executive Committee - Has not met. C. Report from the Planning Manager. On Monday, May 17, 1999, the City Council passed the budget for the Department of Planning and Neighborhood Development. The sign code enforcement person was approved; we are putting together the job description and hope to have someone selected by July 1. Abandoned signs will be a high priority. The one thing that may be coming back is General Motors' most recent design for their new plant. It will be necessary to build a new road, probably to the east of its present location. We will probably have to ask for an easement of about 20 ft more on William Street. Councilmembers Adado and Allen are frustrated that they cannot place conditions on rezonings. They mentioned the possibility in the "F" Commercial District of looking at all the uses that exist at present as principal permitted uses and which of those uses we might want to take out of principal permitted uses and put them into a special land use such as used car lots, in order to place more conditions on them. This is a valid point. Please start thinking about the "F" Commercial District; it has the most issues related to it. Mr. Ruff said uses may have to be added. The Development and Planning Committee today discussed A Complete PLANNING BOARD MINUTES MAY 18, 1999 PAGE 16 Rental, for which the Planning Board recommended denial of"F" Commercial Zoning. The Committee approved it for the Council meeting Monday, May 24, yet they were concerned about how to deal with these cases with more control. Ms. Love said they were faced with the dilemma that if the business leaves, a used car lot could locate there, or billboards, or other detrimental uses. It is a valid concern. Mr. Goolsby said this is a perplexity that we too struggle with. We should look at narrowing some of the zoning classifications. Ms. Love said moving them to the special land use section would give more control in terms of conditions imposed if they don't meet the nine criteria. A used car lot is permitted in an industrial or wholesale district; also, they are allowed in the "F" Commercial District under special conditions. They have to meet three or four basic criteria; maybe the criteria have to be expanded, so they are not excluded but have a higher standard imposed on them. Mr. Smith said oftentimes it is not so much the business as how the business is conducted and maintained. Mr. Goolsby said Ms. Love can tell City Council that the Planning Board is willing to look at that and work with them because there are difficulties within the Zoning ordinance that need to be changed. Mr. Nischan voiced concern about the Council again choosing the opposite route from the Planning Board (Z-2-99, NE Corner West Mt. Hope and Todd Avenues, "D-1" Professional Office District to "F" Commercial District) and how much the Council takes into account Planning Board findings and judgments. Ms. Love relayed to the Board that the Committee's decision was to defer to the Ward Councilmember who was in favor. Mr. Nischan was concerned about roles and relationships between the City Council and the Planning Board. Ms. Love said state law mandates police, fire and planning boards and sets board powers. The Planning Board's responsibility is to provide the City Council with the best technical advice possible; whether or not they take it is a political decision. Ms. Love said she could ask President Benavides to appoint to the Planning Board the two ex officio members of the City Council who have not been appointed for this year. Mr. Nischan made a motion, seconded by Mr. Smith, to request the City Council President to appoint the two ex officio Councilmembers to the Planning Board. Mr. Frederick offered a friendly amendment, acceptable to both Mr. Nischan and Mr. Smith, expressing our interest in having the Council attend our meetings and understand why we make our decisions. Ayes: All; Nays: None; carried; unanimous; APPROVED. PLANNING BOARD MINUTES MAY 18, 1999 PAGE 17 Ms. Love said she was late this evening because of attending a meeting about Main Street and the street we have vacated for the General Motors project. There will be lane closures, but one lane of Main Street will be open for a portion of the summer. A small section of Main Street will be closed just east of Friendship Baptist Church because of the on-off ramps for 1-496. For the last week of July and the first week of August, a short section of Main Street will be closed, and traffic will be re-routed to Kalamazoo. Other than that, the rest of the streets will stay open. There will be a new street, New Street A, that will go in just east of Friendship. D. Pending Items: Future action required. 1. Planning Board a. Z-25-97, 300 Blk. S. Butler, W. Side, "C" Residential to "D-1" Professional Office District(Tabled January 6, 1998) 2. Zoning and Ordinance Committee a. Z-19-97, N.W. Cor. Cavanaugh &Aurelius, "F" Commercial to "G-2" Wholesale District(Tabled October 15, 1997) a. Z-1-98, 1223 N.Turner St., "H" Light Industrial District to "G-1" Business District(Tabled February 11, 1998) b. Z-3-98, 1131 & 1133 Race Street, "H" Light Industrial to "G-1" Business District(Tabled April 15, 1998) C. Z-4-98, 201 E. Grand River, "F-1" Commercial &"H" Light Industrial Districts to "G-1" Business District(Tabled June 10, 1998) d. Z-5-98,401-407 E. Grand River, "F" Commercial District to "G-1" Business District(Tabled June 10, 1998) e. Z-8-98,208 E. Grand River Avenue, "F-1" Commercial to "G-1" Business (Tabled August 12, 1998) Urban Development Committee a. Act-19-98, 120 E. Shiawassee Street, Fire Station#1, Market/Sale for Mid- Rise Residential with Building Preserved b. Act-21-98, Ingham Regional Medical Center, Replacement Sign in S. Pennsylvania ROW(Tabled September 8, 1998) C. Act-24-98, Everett Lane at Paris St.,Vacate ROW(Tabled February 16, 1999) 8. NEW BUSINESS 9. COMMENTS FROM CHAIRPERSON Chairman Ruge asked about the Rules of Administrative Procedure. Ms. Love said no action has occurred. The storm yesterday destroyed a billboard on Kalamazoo Street. Mr. Ruff said, regarding rebuilding, it would have to be determined if it was nonconforming; secondly, the sign company would have to take down two other nonconforming billboards, and it would have to meet other requirements. 10. COMMENTS FROM BOARD MEMBERS Mr. Smith asked about the Drake's station on Martin Luther King Jr. Blvd.; it looks horrible. Mr. Ruff said we will see what we can do. PLANNING BOARD MINUTES MAY 18, 1999 PAGE 18 Mr. Goolsby asked about the poles blown down on Martin Luther King Jr. Blvd. in yesterday's storm that were supposed to withstand 100 mph wind. Mr. Ruff said they were BWL poles. There were reports of 150 mph winds in some areas. Mr. Goolsby wondered about the collapsible monopoles the Board approved as telecommunications towers. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS 12. ADJOURNMENT was at 8:30 p.m. Respectfully submitted, Eleanor K. Love, Secretary Planning Board =051899 a:\50 SLU-4-99 Vehicle Sales and Display in the "J" Parking District 3940 N. Grand River Avenue GENERAL INFORMATION APPLICANT: Rush Equipment Center 3940 N. Grand River Avenue Lansing, MI 48906 OWNER: Roy A. Johnson 3940 N. Grand River Avenue Lansing, MI 48906 SUBJECT PROPERTY: 3940 N. Grand River Avenue, in front of "Johnson's Speed Shop" EXISTING ZONING: Pending "J" Parking District REQUESTED ACTION: Special Land Use Permit to permit display and sales of heavy equipment in the "J" Parking District EXISTING LAND USE: Vacant and parking lot PROPERTY SIZE & SHAPE: 120 feet x 418 feet; 50,152 square feet; 1.15 acre SURROUNDING LAND USE: N: Commercial/Industrial S: Residential E: Commercial/Industrial W: Commercial/Industrial SURROUNDING ZONING: N: "J" Parking District, "H" Light Industrial District S: "A" Residential District E: "A" Residential District, "H" Light Industrial District W: "D-V Professional Office District MASTER PLAN DESIGNATION: The Northeast Area Comprehensive Plan, Future Land Use Map, designates the area north of N. Grand River Avenue for industrial and warehouse development. The Environment section of the plan calls for warehouse and light industry that is well maintained, well landscaped, maintains a buffer back from N. Grand River Avenue, and serves as a model for industrial development throughout the City. N. Grand River Avenue is classified as a principle arterial street Z-5-99 3940 N. Grand River Avenue page 2 "A" Residential District to "F" Commercial District APPLICANT'S PROPOSAL: This request is for a Special Land Use Permit to permit display and sales of heavy equipment in the "J" Parking District. The applicant's proposed site plan shows an additional twenty-five (25) feet of asphalt paving in front of the current parking lot to be used for display of equipment for sale. Landscaping consists of a three-foot wide strip of crushed limestone around the edge of the paved display area and a couple of shrubs. The remaining 67 feet of property between the lot and the right-of-way of N. Grand River Avenue will remain as grass lawn, with the exception of a new business identification sign. Description of Site The property is currently used for retail and warehouse uses. Johnson's Speed Shop is similar to both an auto-parts store and machine shop. Rush equipment is sales, leasing, and service of heavy equipment. The building containing these uses is located on the portion of the site zoned "H" Light Industrial. In front of the building is the portion of the property, 55 feet in depth and the width of the lot, which is zoned "J" Parking District.. This area is used for a parking lot. The remaining 95 feet of the site out to the right-of-way of N. Grand River Avenue is zoned "A" Residential District. This area is primarily lawn, but includes a driveway to N. Grand River Avenue, and a non-conforming ground pole sign. Case History/Zoning Pattern adjacent N. Grand River Avenue The subject property is presently zoned "A" Residential and "J" Parking Districts and is pending rezoning to all "J" Parking District (see rezoning case Z-5-99). The subject property does have a history of rezoning activity that has been explained in detail in the report for rezoning case Z-5-99. Essentially, the N. Grand River Avenue corridor has an established pattern of a buffer with large setbacks along the north side of the avenue. The important issue in this case is the impact on "urban design", established building setbacks, and buffering of existing residential properties south of N. Grand River Avenue. ANALYSIS for SPECIAL LAND USE PERMIT (SLUE Special Land Use Section 1282.03(f)(1)-(9) sets forth the criteria which must be used to evaluate a Special Land Use permit request. The criteria and evaluation are summarized as follows. Z-5-99 3940 N. Grand River Avenue page 3 "A" Residential District to "F" Commercial District 1. The proposed special land use will be designed, constructed, operated and maintained in a manner harmonious with the character of adjacent property and the surrounding use. The applicant's plan indicates that approximately 70 feet of setback between the display area and the public right-of-way will be maintained. This is even greater than the setback distance that is provided on adjacent property to the east, and greater than the minimum 50 feet recommended for the property through the previous re-zoning case (Z-5-99). 2. The proposed special land use will not change the essential character of the surrounding property. This proposal would permit some change in the land use pattern from well landscaped light industrial and office development to more intensive commercial uses, however, with the proper conditions on site design, any impact can be ameliorated. 3. The proposed special land use will not interfere with the general enjoyment of adjacent property. Surrounding land use is a mixture of commercial and industrial with residential to the south across N. Grand River Avenue. The proposed SLU may permit accessory uses, such as bright security lights and loudspeakers, that could seriously impact the residential district south of N. Grand River Avenue. Any loudspeakers or security lights must be directed away from the nearby residential properties. 4. The proposed special land use represents an improvement to the use or character of the subject property and the surrounding area in general, and will be in keeping with the natural environment of the lot. The proposal does not represent a significant change to the character of the lot and adjacent properties. The natural environment of the lot (a grass lawn) will still be maintained on a significant portion of the site. 5. The proposed special land use will not be hazardous to adjacent properties or involve uses, activities, materials or equipment which are detrimental to the health, safety or welfare of persons or property through the excessive production of traffic, noise, smoke, odor, fumes or glare. Staff believes any of the above impacts are unlikely to be caused by the proposed Special Land Use, however, care should be exercised during the site plan review process for the site to insure exterior lighting is sensitive to the character of the N. Grand River Avenue corridor. 6. The proposed special land use is adequately served by essential public services and facilities and it is demonstrated that the person responsible for the proposed special land use is able to continually provide adequately for the services and facilities deemed essential to the special land use under consideration. Z-5-99 3940 N. Grand River Avenue page 4 "A" Residential District to "F" Commercial District The site is served by all necessary public services, and the proposed SLU will not cause any additional burdens on them. 7. The proposed special land use will not place demands on public services and facilities in excess of current capacity. The site is served by all necessary public services, and the proposed SLU will not cause any additional burdens on them. 8. The proposed special land use is consistent with the intent and purpose of the zoning code and the objectives of the current comprehensive plan. The Northeast Area Comprehensive Plan, Future Land Use Map, designates this area for industrial and warehouse development. The residential neighborhood south of N. Grand River Avenue is designated for residential development at 0-7 units per acre. The current master plan presents evidence that a "buffer" adjacent to the north side of N. Grand River Avenue should be maintained, either to preserve somewhat of a boulevard/avenue character along N. Grand River Avenue and/or to protect the established residential neighborhoods south of N. Grand River Avenue. 9. The proposed special land use meets the dimensional requirements of the district in which the property is located. If, within a lot, there exists land which is zoned J Parking District, the required yard dimensions for the "J" Parking District shall be the same as the required yard dimensions for the lot of which the "J" Parking District is a part. Since the balance of the subject property is zoned "H" Light Industrial District, the "H" Light Industrial District yard dimensions apply. However, there are no setback requirements for a surface parking lot. SUMMARY This request is for a Special Land Use Permit to permit display and sales of heavy equipment in the "J" Parking District. The subject property is presently zoned "A" Residential and "J" Parking Districts and is pending rezoning to all "J" Parking District (see rezoning case Z-5-99). The important issue in this case is the impact on "urban design", established building setbacks, and buffering of existing residential properties south of N. Grand River Avenue. RECOMMENDATION Staff recommends approval of the proposed SLU with the following conditions: 1. A minimum of 50 feet should be maintained for buffering of the opposite residential neighborhood and to maintain the "avenue" character of this portion of N. Grand River Avenue. Z-5-99 3940 N. Grand River Avenue page 5 "A" Residential District to "F" Commercial District 2. Plans detailing site lighting be required for Staff approval as part of the Site Plan necessary to approve the proposed surface lot. Respectfully Submitted, Jim Sturdevant, AICP Senior Planner SLU-4-99.FE.wpd s09� S'�tc Plaa 1 /O4' Erni.! C U/'rewe 9.7 h° Co iI 64, 9/_71012 ii760 h Sr`Oly �I 1/ocl � f 8 � o Z9.S' 6.3 / �. y, 120 Ve e177` o it ,W0 f`e% qt ` �ZD 2 TZ S ' Al 68 SS'&1 ¢7pl.ZY O�n a" j a FoundProperty Corner o GRAND RIVER AVENUE o set Property Corner 'Piw �� G� o 13 We hereby certify that we have surveyed the property herein described; that the buildings and improvements as shown are entirely within the property 1�nes; and that there are no visible encroachments upon the above described property, except w as shown hereon. Note: This report is for mortgage purposes only. No property corners were set, except as shown, and it should not be used to establish property lines. .SPC7iOn 6 FRED WHITE ENGINEERING COMPANY 2300 North Grand River Avenue red N. White, P.E. & R.L.S. Lansing, Michigan 48906 Survey No. 861213 PhnnP. 517 Af 171_7111 n,4— n.._. , n , ..n. .. I .ho •A i rov /� �r £z G p� O /O/ ems• ° � • "� � S S " o 0 z iz IO w co /so/ °°�F -7 °rF •off O `' /z/ oil i Q . F � ; � sr. /o i L`�TY n J posed S,(fe P14a tklo>TINCT VITUMIH CUS fIX'.i:K:j&Ptk I MIT.IINS I weir.�.cuw riew a PITWIKm* mirk, /STY PY)"- -Nx2gG19�aI.•(l�caTlGew�/ �-AWPCYMT .' / l', �: � ••.1 EX 14T. pR.IVt 1 1 .l9TIHe, • FXj7t �+ ` � F�F1rit ET)MIF1G(y Wjovppr,>Y ul•le' c'pAVG� _ .; - cv,Ivo .� '' FLUIu�Fi 1jT IvW FLtHTI To MFWT VIEW Tv o5� Lrpl r( IHw/bf/.Ts 9qH •_:• HeW I.o. Fl... n&"TIHe, (OHG 4-rL%At.51TG ft.ro �c- �..'' e F-OUIPM"T Pi,5Puy l pEA- -pWFCRTT UNG(r{.(�plJibRIVPR R.O.W.) I F�U5H E[7UIPMetiT GBNTEI=-, 9°14o S`� NOM1TH(.IgnHD RIIVGVi I1NefllY MIc.N ICyI.Fi li ' FITZGEpALD�NEHME i ASSOCIATES,IMC. ••�•� ••%,• ]�T..L�4>EicvwK.Su�.D w�urnqu,�ni� NORTH WR! mF NO-TH,IRAHD PAVe:FS ZONING AND ORDINANCE COMMITTEE REPORT JUNE 9, 1999 PAGE 2 1. NCU-1-99, 1038 E. Oakland Avenue, Substitution of Nonconforming Use This request is for a substitution of a nonconforming use. The building was originally constructed as a commercial structure, but is located in the "C" Residential District. The applicant is seeking the Board's permission to use the building to operate a residential remodeling/restoration business as well as a theatrical/stage lighting rental business. SUMMARY The subject property/building is classified as a Group 3, Class B nonconformity. The building was originally constructed as a commercial structure, but is located in the "C" Residential District. In the rear of the site is a gravel parking area large enough for four or five vehicles. RECOMMENDATION Staff recommends approval of the substitution of a nonconforming use; however, staff recommends the Board consider the following conditions: 1. No outdoor storage of materials, equipment, or vehicles be permitted on the site. 2. Hours of operation within the structure be limited. 3. Screening around the parking lot area. COMMITTEE ACTION Finding: The Committee found, based on testimony and evidence, that the proposed use with the proposed conditions would not be more intensive than previous uses of the structure and would not adversely impact the adjacent residential neighborhood. Further, the Committee found further that the applicant is willing to install a fence from the rear corner of the building to the west property line. The applicant also is willing to refrain from outdoor vehicle storage overnight. Motion: Mr. Goolsby made a motion, seconded by Mr. Frederick, to approve NCU-1-99, 1038 E. Oakland Avenue, Substitution of Nonconforming Use, with conditions as follows: 1. that a five- to 6-foot wood fence be installed along the west property line south of the building, and a chain link fence be installed along the south property line, and also cedar bushes (evergreen shrubs) be planted next to the chain link fence for buffering. 2. that business hours of operation be limited to 7 a.m.-10 p.m., with no work between 10 p.m. and 7 a.m.; and 3. no parking of vehicles on the lot overnight. ZONING AND ORDINANCE COMMITTEE REPORT JUNE 9, 1999 PAGE 3 Motion carried unanimously, Ayes: 3; Nays: 0; NCU-1-99, 1038 E. Oakland Avenue, Substitution of Nonconforming Use was recommended to be approved with the above three conditions. 2. Draft Goals and Objectives - Parking and Land Use Issues, N. Lansing-Old Town Mr. Sturdevant presented a draft of proposed amendments to the zoning ordinance to create a special overlay zone for the North Lansing/Old Town Commercial District (see attached summary). Board discussion followed with questions for staff and constructive comments. Mr. Goolsby said it may be a good idea to call a special meeting of the Zoning and Ordinance Committee to field check the actual parking conditions in North Lansing/Old Town. 3. Adjournment - was at 5:08 p.m. NCU-1-99 Substitution of a Non-conforming Use 1038 E. Oakland Ave. GENERAL INFORMATION APPLICANT: Richard L. Wilkins 309 N. Sycamore Lansing, MI 48933 STATUS OF APPLICANT: Owner by Option SUBJECT PROPERTY: 1038 E. Oakland Ave. EXISTING ZONING: "C" Residential District REQUESTED ACTION: Substitution of a Non-conforming Use EXISTING LAND USE: Vacant building and parking lot PROPERTY SIZE & SHAPE: 33 feet x 101 feet SURROUNDING LAND USE: N: Residential S: Residential E: Residential W: Residential SURROUNDING ZONING: N: "C" Residential District S: "C" Residential District E. "C" Residential District W: "C" Residential District MASTER PLAN DESIGNATION: The Northeast Area Comprehensive Plan, Future Land Use Map, designates the area for residential use. APPLICANT'S PROPOSAL: This request is for a Substitution of a Non-conforming Use. The building was originally constructed as a commercial structure, but is located in the "C" Residential District. The applicant is seeking the Board's permission to use the building to operate an residential remodeling/restoration business as well as a theatrical/stage lighting rental business. Description of Site and Case History The subject property is presently zoned "C" Residential District. Records from the City Tax Assessor's office indicate the structure was built as a commercial building in 1913. NCU-1-99 Substitution of a Non-conforming Use page 2 1038 E. Oakland Ave. Previous uses have included a heating/refrigeration contractor's business, a pest control business, and retail uses. The Planning Board has previously reviewed this property for a change in non-conforming use. The existing building (approximately 978 square feet) is situated at the front of the site near Oakland Avenue (See Figure 2, Site Plan). In the rear of the site is a gravel parking area large enough for four or five vehicles. ANALYSIS for SUBSTITUTION of NON-CONFORMING USE (NCU) Section 1294.07, CLASS B NONCONFORMITY REGULATIONS sets forth the criteria which must be used to evaluate a substitution of non-conforming use. The criteria and evaluation are summarized as follows: (b) The Planning Board may permit the substitution or restoration of a Class B nonconformity, so long as the cost of substitution or restoration is not more than thirty-five percent of the fair market value of the Class B nonconformity and the effect of the substitution or restoration is not to increase the intensity of the use or the exterior physical dimension of the structure. In no such case shall the cumulative and total substitution or restoration be more than thirty-five percent of the fair market value of the Class B nonconformity. Fair market value shall be calculated on the date a building permit is requested to perform the substitution or restoration. (e) In the substitution of use of a Class B nonconformity, Planning Board approval, pursuant to the procedures outlined in Section 1294.05, is required. Planning Board approval may be granted if the Board determines that the new use is within the same group of nonconformities as the former use. In addition, the Board shall determine that the new use is not more intense than the former use. The subject property/building is classified as a "Group 3, Class B" nonconformity, which means that the building and its use cannot possibly conform to the use and dimensional provisions of the Zoning Code. Essentially, the building is a non- residential structure which for all practical purposes cannot conform to the "C" Residential District. In addition, because of the narrow lot dimensions, if the existing structure were to be demolished, a new residential structure could not be built without setback variances from the Board of Zoning Appeals. Furthermore, the site is not desirable for new residential construction because it is a corner lot on a busy State Trunkline highway. Rezoning of the site is not practical because of the isolated location and small parcel size. The applicant has not provided any information regarding the "cost" of the substitution, indicating that they intend to move into the building and use it without making changes that would require a building permit. The applicant has not provided any additional information regarding proposed hours of operation of the business premises or if any NCU-1-99 Substitution of a Non-conforming Use page 3 1038 E. Oakland Ave. exterior improvements (such as landscaping or screening of the parking area) are planned. SUMMARY The subject property/building is classified as a "Group 3, Class B" nonconformity. The building was originally constructed as a commercial structure, but is located in the "C" Residential District. In the rear of the site is a gravel parking area large enough for four or five vehicles. RECOMMENDATION Staff recommends approval of the substitution of a non-conforming use, however, Staff recommends the Board consider the following conditions: 1. No outdoor storage of materials, equipment, or vehicles be permitted on the site. 2. Hours of operation within the structure be limited. 3. Screening around the parking lot area. Respectfully Submitted, Jim Sturdevant, AICP Senior Planner NCU-1-99.FE.wpd �:>�:. - � , : _, ,. � . .� ,: M-. NCv- I -� 9 thktrid: ���� �la� by certify lend do--,, ,&WV%. z�. paroe 1 of Lot .0k, Metlin Addition to the ity of Lansing, on tha SWt of Sectioz 10 '14Xe R2d City of LausirAq, lnr4hotm County, michijun, 11038 vlhOrlden .it„ ) (v 4 14 � l B/OIC i1 b he { !r further certify that the buildings situated upon the above described property are wholly wil#hlu the boundary lines of the above deeorlbed property, eud the:t there are no enoroachments upon the property from buildiugs located upon the adiotniup Property, m ■ m I Imo■ ■ _ � f tip -0856.7 19 I ' = - • E� I I � m Act-6-99, 621-623 East Michigan Ave Outdoor Seating in Right-of-Way GENERAL INFORMATION APPLICANT: Kris Elliott 621 East Michigan Lansing, MI 48912 REQUESTED ACTION: Act 285 Review EXISTING LAND USE: Restaurant EXISTING ZONING: "G-1" Business District PROPOSED ZONING: No change PROPERTY SIZE & SHAPE: 42' x 100' = 4,200 ft2 SURROUNDING LAND USE: N: Restaurant S: Commercial E: Commercial W: Commercial SURROUNDING ZONING: N: "H" light Industrial S: "H" light Industrial E: "H" light Industrial W: "G-1" Business District MASTER PLAN DESIGNATION: The NorthEast Area Plan designates this area for commercial. SPECIFIC INFORMATION The applicant, Kris Elliott, 621 E. Michigan Ave is proposing to provide outdoor seating at the restaurant at 621-623 E. Michigan Avenue. Since the area for the seating encroaches into the public right-of-way, an Act 285 Review is needed. AGENCY RESPONSES AMERITECH: No response received yet. Assessor: No response received yet. ACT-6-99, 621-623 E. Michigan Ave, Outdoor Seating in Right-of-Way, Pg. 2. BWL: See attached. Building Safety: No objection. City Attorney: No response received yet. Code Compliance: No response received yet. Development: No comment. Eastside Neighborhood Organization: No response received yet. Fire Marshal: No response received yet. Media One: Media One has no existing conduits and manholes in the public right-of-way in front of this location. We request that any changes that may be necessary to our system, because of this request, will be paid by Kris Elliot or any other responsible party. Parks and Rec.: No serious conflicts with streetscape. Will cause problems for blind. This may be a problem in the future if tree maintenance or construction needs to take place at this location. Principal Shopping District: See attached. Police: See attached. Public Service: See attached. Trans. Engr.: No response received yet. ANALYSIS An Act 285 Review is conducted when the City purchases, sells or substantially changes the use of property. According to Section 125.36 of Act 285, PA 1931, as amended, the character, location and extent of the proposal must be evaluated. The following is a review of the project in accordance with the standards of the Municipal Planning Act (P.A. 285). ACT-6-99, 621-623 E. Michigan Ave, Outdoor Seating in Right-of-Way, Pg. 3. BACKGROUND The applicant has purchased the vacant building to the east (623 E. Michigan Ave) of the existing restaurant at 621 E. Michigan Avenue as an expansion to the existing restaurant and would like to offer outdoor seating for the customers during the summer months. The applicant is proposing to install outdoor seating enclosed with a wrought iron fence in front of 621-623 E. Michigan Avenue. The entrance to this patio section would be from 623 E. Michigan Avenue. According to the applicant, the occupancy of the patio section will be 25 people; the patio area will be open between 11:00 a.m. - 2:00 a.m.; the wrought iron perimeter is 42" high, 23.5' long and will extend 9 ft. from the building; the fencing would be semi- permanent, to be removed seasonally and the area will be well lit. The sidewalk is 18'6" in width (see attached diagram). LOCATION: The applicant is proposing to provide seasonal outdoor seating for the restaurant located at 621-23 E. Michigan Ave. The location of the outdoor seating is in an area 23 ft 4 in X 9 ft area with the entrance to the patio at from 623 E. Michigan Avenue. There is approximately 4-5 feet of area for pedestrians to walk. The subject location is just outside of the Principal Shopping District's Downtown Mall and Environs jurisdiction. According to PSD's criteria (attached) the minimum width for an unobstructed walkway outside of Washington Mall is five feet. This is the minimum appropriate width wheelchair users and the blind. Considering the lot area and sidewalk width, the application of the PSD's criteria in this case is reasonable. CHARACTER: The character of the area is basically commercial and will not change as a result of the installation of the outdoor seating. In fact, many restaurants have considered adding an outdoor seating which is an added bonus not only to attract businesses, but provide additional seating for their customers. EXTENT: The applicant has made a concerted effort to keep the minimum amount of distance, five feet from the existing obstructions (i.e. light pole, tree) to allow ACT-6-99, 621-623 E. Michigan Ave, Outdoor Seating in Right-of-Way, Pg. 4. pedestrian passage on the sidewalk. The outdoor seating is not permanent and will be removed during the off season. OTHER: The outdoor seating area will add an additional 25 customers. The pedestrian passage is wide enough for wheelchair users. The property is zoned "G-1" Business District and there are no parking requirements in this zoning district. Therefore, the applicant is not required to provide parking. Also, this property is east of the Oldsmobile baseball stadium and general downtown business area and can attract customers to this location. SUMMARY The location of the wrought iron fence would allow 4-5 feet of area for pedestrian passage. The character of the area is commercial and will not change as a result of the installation of the outdoor seating. The outdoor seating will be removed during the off season months. The location, character and extent are reasonable. RECOMMENDATION Staff recommends approval of Act-6-99, that the City permit outdoor seating within the ROW at 621-623 E. Michigan Ave., with the following conditions: - the railings may not be permanently fixed in the sidewalk. All railings, seats tables, flower arrangements, etc. must be removed entirely from the right-of-way during the off season. - a minimum of five feet of clear unobstructed walkway be maintained for pedestrian travel along the sidewalk. - the Public Service Department approves granting rights to occupy the right-of-way for the seasonal outdoor seating on an annual permit. Report Prepared by DMW 5/99. V J/ 1 1 / J J 1 L.✓ V V V •.a�a V 1 1 l V r r-.r� "---- PROPOSAL TO ADD OUTDOORS ATI G Six Twenty One has been a well received addition to downtown Lansing's culture, We at Six Twenty One feel that we have added significant" curb appeal" to the 600 block of Fast Michigan Avenue,and would like to further heighten our positive impact on the downtown by adding seasonal outdoor seating. To whom it may concern: What positive impacts will occur as a result of approving this proposal? -Heightened use of public space -Further develop and beautify the 600 block of East Michigan Avenue -Reflects the goals of Downtown Lansing's master plan -Outside seating adds further appeal to downtown and attract mom eople What negative impacts will occur if this proposal is not approved? -Will not optimize the use of downtown's.public space L WATERW GH T BOARD OF WATER AND LIGHT MEMO Q, May 12, 1999 TO: Christine e4tnd.,Chief Plan Review Analyst Department of Planning and Neighborhood Development FROM: Rosemary Sullivan, Administrative Secretary (617) 371-6034 RE: 621-623 East Michigan Avenue Outdoor Seating in Public ROW. Request by Kris Elliott to provide outdoor customer seating within a 23 foot 4 inch X 9 foot area on the public sidewalk in front of the restaurant. Since the area for the seating encroaches into the public right-of-way, an Act 285 Review is needed. CUSTOMER PROJECTS Electric Customer Projects has no objections. Contact Person" Bob Strobel 371-6082 Water No objection to issuance of building permit. Service leads run through area. In the event of a service leak, the owner will be responsible for restoration cost. Contact Person: Terry Robison 371-6494 STREET LIGHTING No conflicts at this time. Contact Person: Roger Adsit 371-6085 CANNING AND SYSTEM INTEGRITY Steam No affect on BWL steam system. Contact Person: John Hundt 371-6497 TOTAL P.06 e,o ACT-6-99 621 E. Michigan Avenue ` Outdoor seating in Public right-of-way Following are our comments regarding the review of the proposed outdoor seating in the Michigan Ave . right-of-way. 1 . The sketch should be revised to show all items within the right-of-way (trees&grates, light poles, signs, etc. ) A minimum 5 foot clear, concrete walkway must be maintained at all times between the railing/flower pots and all other obstacles in the right-of-way. 2 . The railing may not be permanently "fixed" in the sidewalk. All railings, seats, tables, flower pots, etc must be removed entirely from the right-of-way during the "off season" and extended periods of no use. 3 . Vacation of the City' s right-of-way will not be approved by this department . This department will approve granting rights to occupy the right-of-way for the seasonal outdoor seating with an annual permit . Ll PRINCIPAL SI`IOPPING DISTRICT May 11, 1999 MAY 13 1999 Doris Witherspoon, Senior Planner Department of Planning and Neighborhood Development 316 N. Capitol Avenue Suite D-1 Lansing,MI 48933-1236 RE: Request for Permit by 621 Club -Kris Elliott Dear Ms. Witherspoon: The Principal Shopping District Board of Directors endorses and supports the 621 Club request for a patio extension in front of their business on Michigan Avenue. As with many restaurants in the downtown area who choose to extend their operations out-of-doors during the summer season, we believe that this extension will enliven the general ambience in the downtown area, provide seating for additional customers and generally help attract customers to the downtown. We urge the Planning Board to approve the request for use of the public right-of-way for customer seating in front of the 621 Club. Sincerely, , anne Stites Executive Director P.O. BOX 12301 ■ LANSING, MICHIGAN 48901-2301 ■ TEL: 517-487-3322 ■ FAX: 517-487-5889 ■ EMAIL: PSDLANS9IX.NETCOM.COM Any person or persons operating in Zone 1 or 1 ror Lau U51_- of the above activities . V. Submission Process; Minimum Requirements; Permits; Late Payments; Returned Checks A. Submission Process - All Requests 1. Complete and submit the application form to the Parks and Recreation Department, 4th Floor City Hall , 124 W. Michigan Telephone 483-4229 . Avenue, statement of intendeduse and hours )of a operation. Include a 2. Pay applicable fees (if any) when application is placed on file . Any applicant may request to waive or request reduced fees subject to the approval by the City Council . 3 . All applicants or a representative for the applicant shall attend the Downtown Mall and Environs Advisory Board mee ing to answer questions regarding the application. B. Minimum Requirements 1 . Requests will be reviewed keeping in mind the compati- bility of the intended use with that of surrounding uses in addition to the aesthetic and cultural qualities the use will bring to the business area. 2 . An unobstructed walkway ten (10) feet in width shall be maintained in Zone 1 for all uses on the North a d south Washington Mall; an unobstructed walkway feet in width shall be maintained for all uses on streets off the Washington Mall . For uses approved during winter months addtsnowl unobstructed width shall removal/removal/storage operations.be required to accommodate 3 . Tables , racks , displays , ground signs (ground signs not permitted on Washington Square) , etc. are permitted with the following stipulations : a. They are portable. b. They are no less than 32 inches or more than 74 inches in height. edur s on Temporary Encroachments Page (5) C . Are not permitted between November 15 and March 15 unless special arrangements for snow removal operations have been approved. d. Must be removed between the hours of 10 : 00 p.m. and 9 : 00 a.m. unless special arrangements for sidewalk maintenance operations have been approved . e . An unobstructed sidewalk width can be maintained up and down the public right-of-way as required under VB-2 above. f . They do not interfere with the normal conduct of business at adjoining or nearby businesses. 4 . Prior to the issuance of a permit a written agreement shall be entered into with the City to describe the use of 1 May 12, 1999 pal/dry//V 41999 Doris Witherspoon Senior Planner Neighborhood Development Dear Doris, Please review the notes on the attached drawing. Our only concern is whether or not there is sufficient room between the wrought iron fence and a city parking meter, and the S/E fence and a light pole. If you are satisfied that the clearance is acceptable, our Department will support this project. If you have any questions, please feel free to call me at 4663. Cap in Ric Cook ,A „2In 5, -aq- Llhf we j ctoaj a�vq �.-.` ,s 'On lb „A -zC�l,��t-mod �oz�� sK�cric� -z1opQ_,tl �L�d(voci N co N // N a ti cri 0 0 .—J.rw mjj,�-a2}.LO itcl�Ls3-i1 MaN 105 2 OILI I I 842.47 50 r, x B esz.9 1 e'O is 1 to t I es/./ 846.e — 0 to Jo U 849. e'p 850.6 846..9 I J. La - � I rJ rr i I to ; H B49./ r SM081L.a J9 B4 OL� �rr ` pP�RK ht Jr J. N& �U3, 53 ra Gf N 845.5 847.7 MICHIGAN 48./ AVE. AVE 843.e ` 1 J9 RK H LI Jt B r7 B4B$ WILL 105-1 Iff rr o I h� .66 329 .a1 B45J t. N arAta PARKING x = 85a6 J BStl to Q Jo m J a 14 I PARKING L B44.7 rt 860 853.4 829./ ro ry MALLS WALLS "VO t4 m" J 63.4 s e, •J 838.6 r• rt to tr rr rr re tJ ra H 843.6 .J 853.6 to to tJ "9.l Jo m to ro r. n tJ rr N O 84 Itr �� rJ Act-9-99, SE Corner Grand Avenue and Saginaw Street Page 1 Parking Lot in Adado Riverfront Park, N. Grand Ave. GENERAL INFORMATION APPLICANT: Landscape Architects and Planners, on behalf of Lansing Community Colllege One Oakland Center 809 Center Street Lansing, MI 48906 STATUS OF APPLICANT: Applicant on behalf of Lansing Community College, the City of Lansing Parks and Recreation Department and Lansing Parks Board REQUESTED ACTION: To construct a parking lot in Louis Adado Riverfront Park. EXISTING LAND USE: Public Park EXISTING ZONING: "A" Residential District. PROPOSED ZONING: No change SIZE AND SHAPE: Parking area approximately 125' x 350' = 43,750 sq.ft. to accommodate 122 parking spaces. SURROUNDING LAND USE: North: Office and undeveloped land along river South: Commercial East: Public Park WEST: Community College SURROUNDING ZONING: North: "D-1" Professional Office and "H" Light Industrial South: "G-1" Business District East: "A" Residential District West: "G-1" Business District MASTER PLAN DESIGNATION: Report prepared by SC 05/11/99,aAac9-99fe Act-9-99, SE Corner Grand Avenue and Saginaw Street Page 2 Parking Lot in Adado Riverfront Park, N. Grand Ave. The River Island Area Comprehensive Master Plan (1986 amendment) designates this property for adopted future land use patterns to include open spaces. The proposed Lansing Downtown Plan recommends greenway/park land for this area. CASE HISTORY: The property is owned by the City of Lansing and administered by the Department of Parks and Recreation which sponsors and schedules many community events in the Adado Riverfront Park. The proposed parking lot area is unpaved, flat, low and muddy when special events are held during rainy periods. This area has been used primarily to facilitate parking and equipment access for large special event activities held in the park. A major use of this specific area of the park is for parking, staging for the Labor Day Riverfest event and setup of a Riverfest beverage tent (80' x 120'). DEVELOPER'S PROPOSAL: The City of Lansing owns Adado Riverfront Park, which is zoned "A" Residential District. The owner is interested in entering into an agreement with Lansing Community College to lease park land to Lansing Community College which would construct a parking lot. L.C.C. would use the parking spaces for its employees, Monday through Thursday, for a designated number of years in exchange for the parking lot improvement. L. C. C. is currently short 175 parking spaces for its employees. AGENCY RESPONSES: AMERITECH: No response has been received at this time. Assessor's Office: Will L. C. C. or Parks and Recreation want a separate tax description for this parking lot? If they do, they must tell us (Assessor's Office) so AND provide us with a description for same. John C. Grannell. Board of Water & Light: Electric: There is no existing electric on site. Need to address the existing location and any relocation. Contact person: Bob Strobel 371-6082 Water: No objection to the issuance of building permit. Contact person: Terry Robison 371-6494. Steam: No BWL steam at this location. Contact person: John Hundt 371-6497. Report prepared by SC 05/11/99,a:1ac9-We Act-9-99, SE Corner Grand Avenue and Saginaw Street Paqe 3 Parking Lot in Adado Riverfront Park, N. Grand Ave. Building Safety: No objection. City Attorney: Response, as provided March 30, 1999 (attached) remains unchanged. Consumers Power: No response has been received at this time. Development Office: Check for any deed restrictions related to use of Parkland for this purpose. DNR/DEQ: No response has been received at this time. Downtown Neigh. Assoc: No response has been received at this time. Durant Park, Inc.: The Friends of Durant Park, Inc. Support the request for a parking lot in Adado Riverfront Park and hope the additional parking spaces reduce street parking throughout the residential area north of the college (attached comments). Fire Marshall: No response has been received at this time. Lansing Neigh. Council: No response has been received at this time. MDEQ: No response has been received at this time. MDOT: No comment. MEDIA ONE: This proposed project will not impact any Media One facilities. Parks & Recreation: This action was recommended for approval by the park board. Parks Board: No response has been received at this time. Police Department, No response has been received at this time. Cap. Rick Cook: Public Service: The referenced Act-9-99 has been reviewed by the Engineering Division, The Public Service Department does Report prepared by SC 05111/99,a1ac9-99(e Act-9-99, SE Corner Grand Avenue and Saginaw Street Page 4 Parking Lot in Adado Riverfront Park, N. Grand Ave. not object to the proposed land use but has the following comments: ► The Public Service Department will require a site plan which incorporates stormwater detention per this department's stormwater detention criteria if the development utilizes the City's storm pipe ► An NPDES Permit may be required if stormwater runoff discharges directly to the Grand River ► Existing sewers and City R.O.W. must be maintained and protected during the construction of the parking lot. Transportation Dept: No response has been received at this time. Note: The Waterfront Development Board is inactive. The lease of the property has not been addressed by the Board. ANALYSIS The Planning Board, in accord with Section 125.36 of Act 285, Public Acts of 1931, is required to review and make recommendations regarding location, character and extent of this project. The following is a review of the project in accordance with the standards of the Municipal Planning Act (P.A. 285). LOCATION: The property is located at the SE corner of Grand Avenue and Saginaw Street in Adado Riverfront Park, west of the Salt Shed. The Grand River is to the east. The proposed parking lot is located above the 100 year flood plain but in the 500 year zone. The lot will slope towards the storm drain. The useful life of the parking lot will be about twenty years before resurfacing and upgrade is required. A deeper base and thicker asphalt layer will handle heavier loads, particularly in the aisle lanes than would be required for automobiles. CHARACTER Report prepared by SC 05/11/99,aAac9-99fe Act-9-99, SE Comer Grand Avenue and Saginaw Street Page 5 Parking Lot in Adado Riverfront Park, N. Grand Ave. The area is park land, a large grassy open space with some improvements - a water spigot, storm drain, a small platform for performances, and some electrical services for show mobile performances. In the past the area has been used for parking for carnivals and other special events. The tree line along Grand Avenue will be maintained. Proceeding along Grand Avenue, the elevation increases 6-8 ft to Saginaw Street, in effect obscuring the view of this corner of the park, hiding it from view. Additional landscape screening and buffering would be provided in the development of the site for parking if approved. The design maintains the integrity of an open corridor for future development of the River Trail along the west side of the river. Municipal standards would be met, for run-off automobile pollutants, through underground storage to handle sediments - retaining run-off within the lot itself. This area of the park has been largely utilized for special event setups and support parking. Historically, according to the Director of Operations for Lansing Community College, the college leased this section from the City in the early to middle 70's as a parking lot. The ordinance changed substantially in 1983, which would be different from agreements allowed in the 70's. The balance of the park land would remain open for community events. Approximately 30 different community activities occur in the park area annually. EXTENT: The City stands to receive a benefit from the proposed construction and lease of the parking lot. The suggested lease agreement period is for 20 years; however, it has not been finalized. LCC proposes to use the lot five days a week in their peak times, fall, winter and spring semesters. LCC faculty will use the parking lot when they are on campus for classes and on an as-needed basis. Summer is not critical and they would be flexible for lease time of the lot for community events and park use. The lease agreement would specify Parks would have first right of refusal in the event,of a conflict for use time. The lot would have 122 spaces, a joint project shared by the City and LCC. The are is used for staging events and is in a substandard condition for that use currently because of poor soil Report prepared by SC 05/11/99,aAacMWe Act-9-99, SE Corner Grand Avenue and Saginaw Street Page 6 Parking Lot in Adado Riverfront Park, N. Grand Ave. and drainage. Upgrading would turn it into a hard-surfaced area for both staging special events and parking. LCC would pay for all construction improvements, asphalt, widening. They will do grass cutting, snow removal and provide security during the week with funding and maintenance for the long-term agreement. The finer details remain to be worked out. SUMMARY The proposal to construct a 122 space parking lot for community staged events and to lease to Lansing Community College for faculty parking primarily during the week days would be beneficial potentially to the City. Development of the this section of the park would be compatible with surrounding land uses and would not interfere with public activities held at the park. The development of parking spaces would benefit staging of community events also. _ .. The relative deed restrictions for this type of parkland use has not been established. The Parks and Recreation Department and the Parks Board supports for development of this area of the park as proposed. STAFF RECOMMENDATION Staff recommends approval of Act-9-99, to permit by lease or license the proposed parking lot in Adado Riverfront Park, for joint use by Lansing Community College and the City of Lansing Parks and Recreation Department. Report prepared by SC 05/11199,a:\ac9-99fe N 5 IA0�rhi Department of Law MEMORANDUM CH ar . a- r� R � � }� LIAR , 1. 1999 To: BILL RIESKE, Principal Planner PLANNING DIVISION From: JOHN M. ROBERTS Q., City Attorney Subject: PROPOSED PARKING LOT AT ADADO RIVERFRONT PARK Date: March 30, 1999 .In response to your March 19, 1999 inquiry regarding the proposed conversion of a portion of Adado Riverfront Park into a part-time private parking lot for LCC,this change in use clearly requires an Act 285 review. Also, as you correctly observed, to describe the proposed use under Act 285 requires a draft agreement(or at the least an outline thereof)to adequately formulate and establish the true nature of the transaction being proposed. Recently this office prepared the attached outline entitled Disposition and Temporary Use of Park Property. The outline was prepared to assist the Council and the Parks Department in evaluating existing City park property use arrangements. The outline may also be used by Parks (and Planning) to formulate and describe for Act 285 purposes the proposed use and changes for public park property use. In this lease, to properly evaluate what is requested and where it fits in the outline, Parks needs to further describe the proposed use by LCC in terms of length of time, exclusivity and payment for the parking and use. As discussed in your memo, it appears that LCC is to have exclusive parking rights on a part-time basis, which is not terminable at the will by the City. This would then be a use to which Rules#1 and#5 apply rather than Rules#2 and#3. However,the entire transaction proposed is not completely clear from your memo. Finally, once an outline of the proposed private use of public park property is detailed, it is suggested that there needs to be direction from the administration before the Act 285 review is commenced. After the specific proposal is established, I would be glad to meet or advise as to the application of the park's use and disposition outline in conjunction with the proposal. JMR/sp cc: Dennis Sykes w/attachment R. Eric Reickel w/attachment Eleanor Love w/attachment James D. Smiertka w/attachment FAS H APED\Ci tyDcpt\P1a ingDeMP1mning\rimkeadadopark.wpd n. N 51"� Department of Law ` MEMORANDUM JC H I G.P To: COUNCIL PRESIDENT TONY BENAVIDES and MEMBERS OF THE LANSING CITY COUNCIL From: JOHN M.ROBERTS ., CITY ATTORNEY Subject: SUMMARY OF DISPO TION AND TEMPORARY USE OF PARK PROPERTY Date: MARCH 11, 1999 Attached is a summary of the rules which govern the City of Lansing's disposition and temporary use of public park property. JMR/sp T ' DISPOSITION AND TEMPORARY USE OF PARK PROPERTY RULE#1: The City cannot sell park property without a vote of the people Authority: Home Rule Cities Act(HRCA) Section 5(e) Charter of the City of Lansing 8-403.6 RULE#2: Park property not needed or used for public park purpose may be licensed, leased or subjected to easement,provided: 1. There is a determination that the property is not so needed. 2. The non-park use can be terminated if the use interferes with any remaining or adjoining public park use or as soon as there is a need for the property for public park use. (It is, therefore,preferred that the City use a license which may be terminated by the City at will.) 3. The party temporarily using the park pays adequate consideration for it. 4. The party temporarily using the park does not discriminate in its use or activity. Authority: 10 McQuillin,Municipal Corporations (3d ed,rev 1999) Sec. 28.53,p 213 RULE#3: (subject to Rule#2 conditions): 1. If the private temporary use of the park is by license,terminable at will or on short notice, or by a lease with a term of less than 5 years, the Mayor _,may grant on his own initiative. Authority: Charter 4-102.7 2. If the private temporary use is by lease with a term of 5 or more years or easement, City Council must first approve by 6 vote resolution. Authority: Charter 8-403.4 N.B. a lease or easement for 5 or more years must still be revocable by the City for breach of condition or if property is needed for public park use (Rule #2, subsection 2.) RULE 94: Private use which is not temporary(based on the type of use or length of time) or which does confer a public benefit ancillary to the park use(e.g. concession) is governed by permanent use Rules#1 and#5 and not by temporary use Rules#2 and#3. RULE #5: Park property not needed for public park purposes or use may have its public park dedication removed through the Act 285 process by review and recommendation of the Planning Board and vote of City Council. Thereafter,the property may be sold without vote of the electors upon City Council resolution approved by 6 votes. Authority: 1931 PA 285, Section.6; Nash v Grand Rapids, 170 Mich App 725 (1988). EXCEPTIONS TO RULE#4 A. Property received by gift or devise with legal reversionary rights (if it ceases to be used for park purposes)will be returned to grantor/testator or heirs. B. Property received by dedication through proprietor of a plat must continue to be so used unless all owners of the subdivision agree to termination. C. Property that is within 25 feet of the river's edge is subject to vote of electorate under Charter 8-403.6. R� FASHARFD%atyDcpdParksRcc\park property rula.wpd -2 '?: w :s o DVS N�' PAD—L.C. Friendes Mailing Address: 726 Seymour Avenue Lamirig.MI 48906 Phone(517)485-4225 RE V , Planning Office MAY 17 1999 Dept. of Planning and Neighborhood Development P�NN�NG DIVISl��N 316 N. Capitol Avenue Suite D-1 Lansing,MI 48933-1236 Planning Board Members, The Friends of Durant Park,Inc. support the request by the Lansing Parks and Recreation Department,the Lansing Park Board, and Lansing Community College for the construction of a parking lot at the southeast corner of Grand Avenue and Saginaw Street in Adado Riverfront Park. The area is bermed with soil and rocks barely visible from the street and this additional park- ing area should help LCC with their parking problems.We also hope this new lot will reduce street parking throughout the residential area north of the college. Sincerely, 9000W Joan Sheldon,President Friends of Durant Park,Inc. DUPM PARb—A lovely aquero dominated by a dooaelive er&el the aoulhoeal saner or Washington end detginev vac once the hoaealle or Manna Cov"purchwed by Vilna C DumnL Yho produced Lb--Duml end&w eulos hero in lensing after h18 wooelion vdI General Molora ended Dwant gave lho perk to the Cdy or Iarmi 8 in 1921 WASHINGTON AVE. .I I I rs�,�• I I I W I N I I I I I I m I I I I Cb I c U e,.f , ff• lJ.r• ii' i�- Lo/ GRAND AVE. n.ar, ar.u. ri• ».u• I n.rr• .i U i A Q -k J1 I I '�s c •, 0 i COt� RAIL I C j; •o I I Z � Q RIVER �c FRONT I PARK RIVER - I O� I Y RIVER FRONT PARK '^ �.r• C, r F97, C S y M IN.ei' 7J7. ' f ` I r� `- ,j xub �•'�_==>'=y M�'_��� � ���—:_�1 c�.�11��1=--t\��� 00 _ Mf�_.���- ,�r� 1\ � 1�� � � o Jp I I ' r•- , . - ., ; - - ,_ .1 .. � � i •�. .. -� _ ., - _, } • i .. Y ./ Urban Development Committee Report Page 2 June 3, 1999 a. Act-8-99, 217-221 South Grand Ave, Barrier-free Access Ramp in ROW. Susan Cantlon presented the case, which was tabled at the May 25, 1999 Urban Development meeting, pending further information about locating the proposed ramp in front of the NW corner of the building. The applicant, Goodrich and Associates, Inc., 108 S. Hosmer, is renovating approximately 3,200 sq. ft. of the three-story office building which includes the following improvements: an addition to the north side of the building to accommodate a new elevator, equipment and shaft, stairway and restrooms; and an egress stairway on the south side. The applicant has revised his proposal since the May 25 UDC meeting, and now wishes to install a barrier-free access ramp in the right-of-way, directly in front at the NW corner of the building at 217-221 South Grand Ave, and tie into the City Club ramp immediately to the north. The front entrance is approximately 7" higher than the sidewalk at that point. The ramp will be approximately 57' in width and 9'2" in length, and will provide access to the front entrance and into the elevator lobby area. The Building Safety Office will require appropriate free standing hand rails, electric door openers and signage to meet code requirements for accessibility if the proposed ramp is approved. The sidewalk is approximately 12 ft from the building to curb at that point. A permanent awning extends about 6' out from the building. Although a planter and street light are located in front of the property, there is ample room for pedestrian movement. The subject property lies in the "G-V Business District. The property lies directly south of the historic, Brauer's 1861 House (Lansing City Club), which has a combined front access stairway and ramp in the right-of-way. The impact of the proposed exterior ramp is minimized by tying into the City Club ramp. The subject property also lies directly north of the Grand Tower, the front of which lies in a vacated portion of the Washtenaw Street ROW. The Michigan Construction Code requires that altered buildings be made accessible to the disabled. If this request is denied, the applicant will be required to provide this access at another building entrance, or file a barrier free design exemption request with the State of Michigan. The applicant provided an alternative plan for an interior ramp if the current proposal is not approved. This alternative would cost the applicant an estimated $3,000 to $5,000 more than the proposed alternative. Urban Development Committee Report Page 3 June 3, 1999 No one spoke against the proposal at the Planning Board's public hearing on May 18, 1999. STAFF RECOMMENDATION Staff recommends the approval of Act-8-99, to permit a 64" x 92" encroachment into the ROW directly in front of 217-221 S. Grand, for a barrier-free access ramp addition to the current ramp located directly in front of the City Club, 213-215 S. Grand. COMMITTEE ACTION Finding: The Committee reviewed the location, character and extent of the applicant's proposal, and found: ► the proposed ramp will cost the applicant $3,000 to $5,000 less than an interior ramp, according to the applicant, ► ROW encroachments exist in front of properties on both sides of the subject property, ► the proposed encroachment is minimized by constructing a tie-in addition to the City Club's stair and ramp structure, ► the proposed ramp, if install will still leave sufficient unobstructed sidewalk space for pedestrian movement. Motion: It was moved by Mr. Smith, seconded by Mr. Ruge, to recommend the approval of Act-8-99, to permit an encroachment of approximately 62" x 92" into the ROW directly in front of the NW corner of 217-221 S. Grand, for a barrier-free access ramp tie-in addition to the current ramp located directly in front of the City Club, 213-215 S. Grand, provided that a minimum of five feet of clear unobstructed walkway be maintained for pedestrian travel along the sidewalk. On a voice vote, the motion carried unanimously (4-0). Urban Development Committee Report Page 4 June 3, 1999 b. Discussion of Act-10-99, Vacation of E-W Alley, 1400 Blk. Jerome and E. Michigan. Bill Rieske, Eleanor Love; and Jarl Nischan presented the case. The applicants are requesting that the City vacate 120 feet of the west end of the E-W alley in the block bordered by Custer, Ferguson, Jerome and Michigan Avenue. The alley currently extends westward from Custer St., and dead-ends behind Bancroft Flowers, 1417 E. Michigan Avenue. It divides the commercial uses facing Michigan Avenue from the residential uses facing Jerome St. It gradually has fallen into disrepair. The subject portion of the alley is not necessary for access to any adjacent properties. The alley vacation could possibly be coordinated Combined Sewer Overflow project work during the 1999 construction season, which would facilitate pavement removal and grading in the alley at little or no cost. Vacating the west end of the alley would augment Bancroft Flowers' parking lot, which would enable the owner to fence the parking lot, and have space to store snow which is plowed from the lot in the winter months. The remainder of the vacated portion would be divided among the adjacent property owners as provided by law, and converted into private rear yard space. Further information and a staff recommendation are forthcoming for a special meeting before the June 15, 1999 Planning Board meeting. COMMITTEE ACTION The Committee tabled this item pending further information and a staff recommendation. C. Act-11-99, 1200 Blk. E. Jolly Road, S. Side (NW corner, Lansing Gardens property), Acquisition for Fire Station. Staff and the Committee discussed a future case, Act-11-99, 1200 Blk. E. Jolly Road, S. Side (NW corner, Lansing Gardens property), Acquisition for Fire Station. The case will be presented at a special Committee meeting prior to the June 15, 1999 Planning Board meeting. t; ' � � - .. �i i €:. • 4 , � � �� � � ACT-8-99 Page 1 Barrier Free Ramp in ROW, 217-221 S. Grand Avenue GENERAL INFORMATION APPLICANT: Goodrich and Assoc., Inc. 108 S. Hosmer Lansing, MI 48912 STATUS OF APPLICANT: Owner/Applicant REQUESTED ACTION: License or vacation of 5 ft. of the Right-of-Way (sidewalk) to construct a barrier free ramp to access office building. EXISTING LAND USE: Public Sidewalk EXISTING ZONING: Un-zoned Right-of-Way. PROPOSED ZONING: No change in zoning. SIZE AND SHAPE: Approximately 57.9' x 91' = 5,418.9 sq. ft., irregular (see graphic). SURROUNDING LAND USE: North: City Club South: Office Building East: Office and Impression 5 Science Center West: Commercial SURROUNDING ZONING: North: "G-1" Business District South: "G-1" Business District East: "G-1" Business District West: "G-1" Business District MASTER PLAN DESIGNATION: The River Island Area Comprehensive Master Plan, 1986 (amendment to the River Island Comprehensive Plan) designates this property for adopted future land use patterns to include community facility, C.B.D. (retail and entertainment facilities, surrounded by parking). The proposed Lansing Downtown Plan recommends an entertainment district for this area also. Report prepared by SC 05/10/99, ACT-8-99 Page 2 Barrier Free Ramp in ROW, 217-221 S. Grand Avenue DEVELOPER'S PROPOSAL: The applicant currently owns the property at 217-221 S. Grand Avenue which is zoned "G-1" Business District. The applicant is requesting to construct a barrier-free ramp in the sidewalk right-of-way. A reduced copy of the proposed Site Plan is attached to this report for your review. CASE HISTORY: The property lies directly south of the historic, Brauer's 1861 House (Lansing City Club), which had been granted previously, a front access stairway in the right-of-way. The property also lies directly north of the Grand Tower, a large office building. Washtenaw Street was vacated, and part of the Grand Tower was placed in the right- of-way. There is a privately owned alley which runs along the south border of the property. The applicant has used this alley to access the rear of his property, without an easement, because he believed it was city owned. The Assessor's Office confirmed the city does not own the alley. AGENCY RESPONSES: AMERITECH: No response has been received at this time. Assessor's Office: If this 5 ft. strip is vacated, the assessor's office will have to add its value to the tax roll. David Tijerina, John C. Grannell. Board of Water & Light: Electric: No objection to the ramp. Contact person: Bob Stobel 371-6082 Water: No objection to the issuance of a building permit. MISS DIG System to be used. Owner responsible for cost to have BWL relocate existing water service if in the area ramp. Contact person. Terry Robison 371-6494 Steam: Contact MISS DIG prior to excavation. Contact person: John Hundt 371-6497. Building Safety: No objection. The Michigan Construction Code requires that altered buildings be made accessible to the handicapped. If Report prepared by SC 0S/10/99, ACT-8-99 Page 3 Barrier Free Ramp in ROW, 217-221 S. Grand Avenue this request is denied the applicant will be required to file a barrier free design exemption request with the State of Michigan. City Attorney: From the information provided, there is insufficient explanation as to why applicant can not or should not make adjustments for the access on its property rather than on the public Right-Of-Way. City Club of Lansing, The: In review of the handicap ramp issue at 217-221 South Grand Avenue, we are in support of the planning commission's request to move the ramp access to the north side of the building and tie (it) in with our ramp at The City Club. Our support is contingent on: 1. All work, costs and any resulting damage to the City Club or property be the responsibility of Mr. Dale Goodrich, owner of the above named property 2. The City Club receives written notification from the building code enforcement department that we still comply with our handicap accessibility ramp requirement. Toni Ringlein, General Manager. Consumers Power: No response has been received at this time. Development Office: No Comment. Downtown Neigh. Assoc: No response has been received at this time. Fire Marshall: No objection from fire prevention. Brian Davis. Lansing Neigh. Council: No response has been received at this time. Media One: This project will not impact any Media One facilities. Parks & Recreation: It does not impact park operations & facilities. Dick Schaefer. Police Department, No response has been received at this time. Cap. Rick Cook: Public Service: The referenced Act-8-99 has been reviewed by the Engineering Division. The public Service Department is Report prepared by SC 05/10199, ACT-8-99 Paqe 4 Barrier Free Ramp in ROW, 217-221 S. Grand Avenue opposed to the vacation of this Right-Of-Way. We would however agree to grant an easement for the construction of the barrier free ramp with the following conditions: ► The property owner must remove and replace the ramp at their own cost if required to facilitate utility work within the R.O.W. ► The easement is only effective with the current building and would be canceled if the existing building is removed or renovated to the extent that the barrier free access could be provided without the ramp in the R.O.W. ► A five foot walkway must be maintained in the sidewalk. This will require the relocation of the existing planter by the property owner. Transportation Dept.: No response has been received at this time. The potential impact of the proposed vacation of the public R.O.W. at 217-219 S. Grand Avenue is discussed below. ANALYSIS With the planned alterations of the existing structure, the Michigan Construction Code requires that the building be made accessible to the handicapped. The applicant, Goodrich and Associates, Inc., requests the vacation of the public R.O.W. to construct a barrier-free ramp to access the office building owned by the applicant at 217-219 S. Grand Avenue. The applicant wishes to extend an access ramp to the front entrance which is approximately 7" higher than the sidewalk. The ramp will provide access to the front access which is needed to get to the elevator lobby area. The sidewalk is approximately 12 ft from the building curb at that point. The ramp would extend out about 5 ft. The obstructions close by include a planter and street light. Currently the applicant has a permanent awning that extends about 6 ft out from the building. The property is zoned "G-1" Business District. The applicant is renovating approximately 3,200 sq. ft. of the three-story office building which includes the following improvements: an addition to the north side of the building to accommodate a new elevator, equipment and shaft, stairway and restrooms; and egress stairway on the south side. The applicant provided an alternative plan for an interior ramp if the current proposal is not approved. Report prepared by SC 05110199, ACT-8-99 Page 5 Barrier Free Ramp in ROW, 217-221 S. Grand Avenue EVALUATION The Planning Board, in accord with Act 285, Public Acts of 1931, is required to review and make recommendations regarding location, character and extent of this project. LOCATION The encroachments into the S. Grand Avenue and Washtenaw Street R.O.W. already exist. The proposed encroachment consists of an encroachment of 5' 2" into the R.O.W. A street light and concrete planter are located immediately opposite the main entrance. CHARACTER The barrier-free ramp would merge with the landing base of the barrier free ramp of The City Club of Lansing which extends 3" further into the R.O.W. than the structure at 217-219 S. Grand Avenue. The northwest corner barrier free access is proposed as an alternate to the original request for a front entrance ramp which required encroachment of 5'2" into the R.O.W. and had a length of 15'1". The new proposal would shorten the length requirement to 92", minimizing the impact and conflict with the street light. (The concrete planter could be relocated). EXTENT The encroachment for 213-215 S. Grand Avenue (5 ft. 4") for a front access stairway and barrier-free ramp already exists and has a length of approximately 42 feet. Public Service Department access for winter sidewalk maintenance will be more consistent with what it has been for The City Club of Lansing. SUMMARY A previous surface encroachment into the R.O.W. already exists on the property immediately north of this property. The impact of the exterior, ramp would be less than that of the combined stairway and barrier-free ramp (42 ft. long) which accesses the structure to the north at 213-215 S. Grand Avenue due to the shortened length of the proposed ramp (9'2" long). The Building Safety Office will require appropriate free standing hand rails, electric door openers and signage to meet code requirements for accessibility if the proposed ramp is approved. The City Club will require written confirmation from the Code Compliance Office that their handicap accessibility ramp is compliant still if the proposed ramp (with its extension into the ramp base of The City Club) is approved. Report prepared by SC 05/10/99, ACT-8-99 Page 6 Barrier Free Ramp in ROW, 217-221 S. Grand Avenue STAFF RECOMMENDATION Staff recommends the approval of Act-8-99, to permit a 5'2" x 9'2" encroachment into the ROW directly in front of 217-221 S. Grand, for a barrrier-free access ramp addition to the current ramp located directly in front of the City Club, 213-215 S. Grand. Report prepared by SC 05/10199, 7� The City Cfub of Lansing June 2, 1999 City of Lansing City Hall Lansing, Michigan To whom it may concern, In review of the handicap ramp issue at 217-221 South Grand Avenue, we are in support of the planning commission's request to move the ramp access to the north side of the building and tie in with our ramp at The City Club. Our support is contingent on: 1. All work, costs and any resulting damage to the City Club or property be the responsibility of Mr. Dale Goodrich, owner of the above named property 2. The City Club receives written notification from the building code enforcement department that we still comply with our handicap accessibility ramp requirement. Please feel free to call with any questions or concerns you may have. Reg d oni . Ringlein neral anager L L I Act-8-99, 217-221 8. Grand Avenue. NORTH 9" total fall Landing Elevator 1/4" 56 s ft Electric Slope q Door 1.62 openers as 7'-2" needed. Ramp 1:12 00 Hand Rail Slope M on building 3.66" V�r7� Signage Landing to showing extend int(Landin Ramp Free Handicap N City Ciubs3 6„ off —> 4" Standing entrance u7 ramp as grade Slope Hand Rail needed. 9 Curb 512114 410114 5'4 24' 219 S. Grand Project t-1/2" DIA. METAL RAILING NOTE: ALL COMPONENTS OF b rEol ❑ RAMP TO BE METAL, PRIMED do PAINTED 1�_ o I M 0 FINISH GRADE `� F ELEVATION "A" -PLAS„C LAM. TOP BA�s -BLOCIOW TYP. 1-1/2" METAL RAIL FRONT ENTRY 36' HIGH SLOPE NEW CONCRETE RAMP 1:12 DOWN & LANDING STEP UP 15'-1" PLAN RAMP DETAIL A-1 1/410 _ V-011 3'-6" MIN 1'-0' b---\ MIRROR 50 X 36 6, 3'-0" PLASTIC LAM. TOP BACKSPLASH GRAB BAR b o O � i0 �u N E BLOWNG TYP.—>M iV SPACE n TISSUE - HOLDER -1 CAL �` j i � ' __ ``� 1 f 1 � ` �� ' � � � � � 17 �2��� �., ��� . . , �� rn � .� � .��'�',,,� --- . . .. r ' � - s'y " �c� _ J c� .. �_ � I L4�a(o L,yti� + _ ���NTC2 �0 5 ,,o ���nv �v� ARCHILCI MITI bMV UTAMNL. OF STAIR PRIOR TO CONSTRUCTION. TO BE E REPM EF NI MANUFACTURER TO FIELD VERIFY TO BE AA.CED ALL DIMENSIONS BY OMER TIP. ALL EXIST.WHDOWS T-O" 14'-11 1/7' 4•-0' u� RECEPTION AREA CASEWOfTK BY FE 11 OWNER D ' Z STAIR }1/�DOOR F W1 METAL SMA E WALL ' W/ ETAL TUD t O PAINT BY OWNERWNER IMP.ALL FLOORS Lil NEW METAL STUD WALL Q 2_a NOTE :<. W/DRYWALL t PAINT W/WK ALL INTUZM WALL TO NAVE S/S BY OWNER TYP. a/s TYPE'X'DRYWALL ON EACH SIDE TO ACHEI E A ONE HOUR RATING LL GA FILE NO.VP 1200 TYP. NOTE IN THE EVENT THAT AN ys< EXIERICR RAMP IS NOT APPROLED A THMI AN INTERIOR RAMP AS L NEW META_STUD WALL .,, DRAWN WILL BE PROVIDED. — — — — W/DRYWALL t PAINT ._MN . ELEVATOR BY OWNER—rfP. - - - - - - - APF OVE ' b LOBBY RAMP DOWN � ELEVATOR y, EXIST. EXIST THIS SANE Hk� E;i RWALL TEMAIN I RWALL EMAIN I CHECTHE CITY LANSILE SAFE IF' p-� S 1'-4' NEW SPUT FACE B"BLOCK WALL 11'-4• SEE SECTIONS TYP. I n 1 MAIN TES: Ali SHEETS PROJECT DATA j ENTRY RAT LP °OKN AMM "r USE GROUP V-1 HOUR CONSTRUCTION TYPE l ONSDIUCTION MUST TXNS;*E11,0�IIOCATM a Tr1KSTATF. BASEMENT FLOOR MALL BE SPRINKLED. _ _ _ _ _ _ — — — )OAR7 DRYWALL AT ALL NET AIEAS SUCH AS ARGUO .: I. ESDE ALL WATER QASETS t UMTMES. A— �:l ��LYf!IK(Wy._��...._ T BL007iG HXDDMFOR AL OW BARS CURTAIN RODS. IKR1H �SrK I 9 IJJ7 OR AILF . ��P SHALL FIRST FLOOR PLAN S RfO�D FOR AW AM FiJlA.1L ADAPTABILITY. x .unx'.t Wowiio:AL mm PRIOR To ✓ II O S E-TTRAM TO DRECT 8I10ON6 OLESITOIS AAO/OR 1/411 = V-0" OR 'TB TO NS ros�E�TE roOTK EXISTING GROSS AREA = 3,282 SO. FT. RS TD BE NEW GROSS AREA 607 SQ. FT. RE� N�� TO NOTE GENERAL CONTRACTOR AND/OR EACH SUBCONTRACTOR TO WA R N I N CHECK t VERIFY THESE DOCUMENTS FOR ALL DIMENSIONS, COMPUANCE WITH ALL OOOES t REGULATIONS FROM ANY do ALL ATM WALL SHALL HAYS AN MPROPFOATE LABEL GOVERNING AUTHORITIES.AND COMPLIANCE WITH ALL MATERIALS. SUPPUERS t MANUFACTURERS USED ON THE PROJECT.ANY ALL A'DESIGNS.71 ARRATERIAL AP AND PLANS 04 C axTMRK TO BE IEEE DAIPETED l ERE IT DISCREPANCIES, NON-COMPUANCE OR UNCLEAR ITEMS SHALL BE DRAWING ED ORK OF MATERIAL APPEARYIG SSOaA E REPORTED TO THE ARCHITECT•IN WRITING.AND RESOLVED BEFORE WAYN T BE DUPLICATED, �ED,USED ECOI MCLO AS.SOGAN' R uD MI/APED NTH FIRE RATED THE START OF WORK. COMMENCEMENT OF WORK SHALL DEEM MAY HOT BE ANY PU" USED T- O-Ey"V TO AT ~�N C>;LK SPACE. UPON THE PART OF THE GENERAL CONTRACTOR t EACH OF THE COAONSEENNT OF THE A� T4HAT-So-EV47e MTHWT SUBCONTRACTORS- OR SUPPLIERS,CERTIFICATION OF THEIR F T ACCEPTANCE OF AS BEING CORRECT AL VAUD COPYRIGHT 0 IfIDN-DUTFXS EWHOUCES AS=PC. L I Act-8-99 217-221 S. Grand AvenUe Noani E - MICHIGAN AVE. 11DUCH.AVE.VAC.CP 2-13-78 " ? ' rxo•Ixa o..t6 y4' I c 001 I 03 I d O 0 lv O 0� o•. 01, ,aoz 3' ✓ III b oc• yv A ♦ 2 OW: 1 os ,.� LL.1 ti h° o k3 4- ` � n y` 0Lo N V V :h 6 0'►% 7 i 8 9 10 112 08% 4 a OA1 01: GRAND VAC. 107-O,-II 117 Its �17 IL1-125 P KING RAMP C.P. 7- II-1864 ?• a9-6-1904 NE. ALLEGAN b ST. o2 no 112-14 (CITY) Nr „ Q01 11. 209' h — — h ry cr- � 113 W ti a 01% 12 1 CITY > 157'-l0^ p2 SURFACE 4 P'K I N G LOT Ck- "o h 145' yii. ti� 2 p v1i/•_/\ 2 � 18 ' \ e V ! z N Q'� 10 ti — ti Q fed 't, 3o, (� N1 Ills* O 066 4 Q N y GY.97, 0b1 ti h is4.97 N o\\ yo > 5 \�\ J N h 5 a s OB 11 s' "+ 1 I,s' OC a pq� v \C7 6 \ 6 to 1�13 �' VAC. C.P. 85' o' v0 io2' 43 J/•z' _511989 sd.Bc' • JI.7f' E . WASHTENAW all ACT-10-99, Vacation of E-W Alley, Jerome and E. Michigan Avenue, GENERAL INFORMATION APPLICANTS: David Muylle 301 Rumsey Lansing, MI 48912 Kendra Kennedy 1420 Jerome Lansing, MI 48912 Becky Shink 1412 Jerome Lansing, MI 48912 Joseph Ferraro 1417 E. Michigan Avenue Lansing, MI 48912 Donna Holey (owner of property at 1416 Jerome) 3601 Christine Drive Lansing, MI 48910 REQUESTED ACTION: ACT 285 Review PROPERTY SIZE AND SHAPE: 16.5' wide x 120' deep = 1,980 sq. ft. APPLICANTS PROPOSAL: The applicants are requesting that the City vacate 120 ft. of the west end of the alley which runs east and west in the block bordered by Custer, Ferguson, Jerome and Michigan Avenue. EXISTING LAND USE: Alley EXISTING ZONING: Not applicable PROPOSED ZONING: Same ACT-10-99, 1400 BLOCK OF E. MICHIGAN AVE., PAGE 2. SURROUNDING LAND USES: N: Single Family S: Bancroft Flowers E: Alley (remaining 5,346 sq. Ft.)/Residential W: Single Family SURROUNDING ZONING: N: "DM-3" and "C" Residential S. "F" Commercial E: "C" Residential W: "C" Residentialff" Commercial MASTER PLAN DESIGNATION: The North East Area Comprehensive Plan designates this area for residential use. AGENCY RESPONSES.- Ameritech- No response received yet. Assessor: The owners should understand that the portions of vacated alley will be attached to their descriptions, and they will be assessed for the value there upon - the vacated parts may be given a separate description and value for the first year following the vacating. Building: This proposal will have no appreciable impact on building code regulations. No objections. BWL: No response received yet. Consumers Power: No response received yet. Development: No response received yet. Eastfield Neighborhood Association: No response received yet. ENO: Telephone message, 6/9/99 - ENO is in support of the proposal. Fire Marshal: No objections. Police: No response received yet. Transportation Eng: No response received yet. May 11, 1999 Doris Weatherspoon, Planner Dept of Planning &Neighborhood Development City of Lansing 316 No. Capitol Ave. Lansing, Mich. 48933 Dear Doris, We the undersigned request that an Act 28ereview be undertaken by the City of Lansing in order to vacate 120 ft. of the west end of the alley which runs east and west in the block bordered by Jerome, Ferguson, Michigan ave. and Custer streets, (see attached). We would request that this part of the alley be divided among the adjacent property owners on the north and south sides of the alley. It is our desire to make this area private property so it will be maintained and used appropriately. It would allow a fence to be built between the properties which would eliminate a back yard cut through, and would create the desired buffer between the commercial and residential uses on this block. Thank you for your consideration. NAME ADDRESS PHONE / ACT-10-99, VACATION OF E-W ALLEY, JEROME & MICHIGAN AVE. NORTH VINE ov iy/g /Y2Y /Y2G 1430 1Ll3G �\ � � O3 ilb' 47.f5 y, yt, y2• C,G' yo' 9I' ti N tiN 3ev v �' a ,� h od y a o M O 2 r 29Z SZ 21I 6 5 ..«iz� 4 a N 0ti\ !/R' 2r 5 h 4 3 2 I /ye' �— rio' V h h �n 3 E u� I N 4 Q o 20 ti v a 2 A[CEf' 4 5 ti % 1q I r N � o as OV\ 6 N 120, V �\ N • � r� �7 , 6 7 8 9 10 v 0 a 0 6 0 q, \ I 2 3 8 \0 �\'V ti\ '�\ \J` \ • 40' 40' /Yo/ /Yo7 /Yo9 y/SS• YZ' r, r' YZ` 6G' 33' 1 33' 1 `+ /y/3 -ZS /'/27 /113.3 1437 1441 lyq7 I5 J E RW E V jtro rm e . c`t c 1400 lqoq 1409 14 2- 11414 142o Iy2 Iyt9 1430 1143q 143f, 144o So- 35, 35- 41.55, 42- ,. yL• 33' ,. r� 33' t,u- a 6 „ 4 ti ti I z " * ol� 3 r 055. ., I ti m ti O ; 112•a" 37.5 ,.V' M \ Cf) 02l 3 4 Ac c EY i VA ISB•3' 8V•1 a v 0LLJ �1T 8Z•S ` -( \ W a 6 � ,� 9 "•10 22 13 5 (n ti 5 � 6 ` I I `0 3 D " I I 2 a �\ \n o o Fjl q, \ tz o v A \ 33.37' / o /toy 4y.75 /SV.a' /y0/ /Y/7 1423-Lt 1433 (441-43 1443-Y7 '2t - -- E .- —M ICH IGAN— AVE- — — ACT-11-99, 1200 Blk. E. Jolly Rd. - S. Side, Acquire for Fire Station GENERAL INFORMATION APPLICANT: City of Lansing Fire Department City of Lansing - City Hall 124 W. Michigan Avenue Lansing, MI 48933 REQUESTED ACTION: ACT 285 Review PROPERTY SIZE AND SHAPE: Approximately 3 acres, roughly rectangular (300' x 420'), plus 60' x 132' rectangle at NW corner. APPLICANT'S PROPOSAL: The Lansing Fire Department, as part of its facility renovation project, would like to initiate the purchase of the land at the 1200 Blk. of E. Jolly Road., south side for a Fire Station. The proposed site is located in the NW corner of the Lansing Gardens property, 1434 E. Jolly Road (PPN 3305-03-126-071). EXISTING LAND USE: Open Space/Seasonal Commercial EXISTING ZONING: "A" Residential PROPOSED ZONING: Same SURROUNDING LAND USES: N: Single Family Res., Commercial/Wholesale S: Vacant/Lansing Gardens E: Lansing Gardens W: Commercial/Wholesale SURROUNDING ZONING: N: "A" Residential, "H" Light Industrial S: "A" Residential E: "A" Residential/"H" Light Industrial W: "G-2" Wholesale MASTER PLAN DESIGNATION: The Southeast Area Comprehensive Plan designates this area for residential use. ACT-11-99, 1200 Blk. Of E. Jolly Rd. - S. Side, Acquire for Fire Station. Page 2. AGENCY RESPONSES: Ameritech: No response received yet. Assessor: No response received yet. Building Safety: No objection. BWL: No response received yet. City Attorney: No response received yet. Consumers Energy: No response received yet. Media One: No response received yet. Development Office: Survey complete. Appraisal in process. Recommend consideration in 285 Review of vacation of Devonshire Street, north of Barr Ave. Ingham County Drain Commissioner: No response received yet. Fire Marshal: No response received yet. Transportation Eng: . No response received yet. South Precinct: No response received yet. Parks& Recreation: No response received yet. Public Service: No objection to the land purchase. The applicant should be made aware that no permanent structure will be permitted to be constructed within the two existing drain easements. Forestry: No comments. Lansing Neighborhood Council: No response received yet. MDOT: No response received yet. w w NORTH r 168 w a 169 { a N > 80'• 230.is I I /sip Y !D ai 22l.7a 54.9 '• I 0 dam r 9o.7T' h I a a • N ���34�►c I �T 68 69. 70 71 " �. D .•0 •i . o� �l p GO r�... 4o.sz• I I Q 1117 In N .!• N• .Lot yo• 8o•.j7• .,75 .•7.4 73 �• 72 I u _ _ c ,F .. 4 r - - . . . ��. : ._ . .>. . �� _I l DEPARTMENT OF PLANNING AND NEIGHBORHOOD DEVELOPMENT 316 N.CAPITOL AVENUE• LANSING,MI 48933-1236• (517)483-4066• FAx:(517)483-6036 G � PLANNING OFFICE David C. Hollister,Mayor MEMORANDUM TO: CITY COUNCIL OFFICES, CLERK'S OFFICE, CITY HALL CASES, PLANNING LOBBY FROM: ELEANOR K. LOVE, PLANNING MANAGER RE: CANCELLATION OF REGULAR MEETING OF THE PLANNING BOARD FOR JUNE 1, 1999 DATE: MAY 18, 1999 The regular meeting of the Planning Board scheduled for June 1, 1999, has been canceled because of a conflict with the City Council meeting also scheduled for that date. The Charter requires that the Planning Board meet on a different night from the City Council; therefore, the Planning Board will next meet at its regularly scheduled time, June 15, 1999. c: Planning Board members a:\cnclpbj1.99 c> �� rM CO tJ ® Please Recycle "Equal Opportunity Employer" ,-APPROVED JULY 7, 1999. Draft 062399 Approved 070799 To Clerk 071499 Minutes of the Regular Meeting LANSING PLANNING BOARD 7 P.M., City Council Chambers __ n Tenth Floor, Lansing City Hall :. 124 West Michigan Avenue <_ Tuesday, June 15, 1999 i ==v 1. OPENING SESSION: Vice Chairman Goolsby, in the absence of Mr. Ruge, called the meeting fo order at 7 p.m. A. Roll Call. Present: Frederick, Goolsby, Keene, Miller, Nischan, Smith. Six members present; one vacant seat. B. Excused Absences - Mr. Ruge on June 8, 1999 requested an excused absence. C. Introductions. James A. Ruff, Zoning Administrator, introduced staff present, Doris Witherspoon and Jim Sturdevant, Senior Planners. 2. APPROVAL OF AGENDA - During the Recess, the Zoning and Ordinance Committee will meet to consider SLU-4-99, 3940 North Grand River Avenue, Use "J" Parking for Vehicle Display. With that addition, the agenda was approved. 3. COMMUNICATIONS A. Communication from Board of Water and Light regarding Z-8-99, 914- 1008 W. Washtenaw, 909-1003 W. Washtenaw, 300-318 S. Butler, and 912-1010 W. Kalamazoo, "C" Residential to "D-1 Professional Office District. B. Communication from David Berridge, Transportation Engineer, regarding Act-6-99, 621-623 East Michigan Avenue, Outdoor Seating in Public Right-of-way, four comments C. Agency Referral from Susan Cantlon, Preservation Planner, memo to the Planning Board from the Historic District Commission RE: Z-9-99, 303 W. Kalamazoo Street, "E-1" Apartment Shop, "E-2" Local Shopping, "G-1" Business and "J" Parking Districts to "G-1" Business and "J" Parking Districts expressing concern about parking. 4. HEARINGS A. Z-7-99, 2726 N. Grand River Avenue, "A" Residential and "G-2" Wholesale Districts to "G-2" Wholesale District Ms. Witherspoon presented the case, a request by Richard Lorencen, owner of Central Advertising, to rezone property located at 2726 N. Grand PLANNING BOARD MINUTES JUNE 15, 1999 PAGE 2 River Avenue to expand the sign business and improve the property for additional parking, circulation and buffering. DICK LORENCEN, 2726 NORTH GRAND RIVER. (Handed out packet giving details about property.) We have been at this address since 1919. We have been good neighbors. It is an unusual property--long--and surrounded by residential property. We bought the property in 1952 and built the first building, then later added a second and a third building, knowing that it was zoned commercial on the front and "J" Parking on the back so we could expand warehousing or parking into that area. Over the years it somehow reverted back to residential. We have a difficult time with trucks coming in. You can see on the photograph the part that is not being used now. You can see it is being used by the neighbors to park trailers and to dump their trash in. Changing the zoning would make it a better place for the neighbors and for us. We need to move the parking back in order to give semi trucks the room to turn around. Sometimes now they have to back out onto Grand River Avenue. There would be no changes in the existing buildings. CINDY JOHNSON, 2822 CYNWOOD. I am not too happy with this because I already have Gorman's Food Market's big semis driving in my driveway, turning around. Then you are going to try and put them in my backyard as well. I don't understand what he is saying about it being a dumping ground. The trees came down in the winter storms. The fence is broken down. We hear a lot of noise from his vehicles running. My neighbor who couldn't make it tonight is not too happy either. She lives on the other side of me. Where he wants this will directly behind my backyard, along with all the other neighbors around there. It would be right in the middle of our backyards. MARTY DUBOIS, 2726 N. GRAND RIVER. One thing my employer failed to mention was that we don't own that property at this time. Central Advertising over time had moved to another location. It was then acquired by Adams Outdoor. Eventually Dick bought back the sign making part of the business and moved to this location. He is leasing it from someone else. Prior to that time, the property was vacant for about ten years. The City received no tax revenue from tenants. Trying to be a good corporate citizen, we would be happy to address problems or concerns with neighbors. We care about the City. We give back a lot to the City in community efforts. We would like to stay in the City at our present location. Because of our company experiencing growth, without our being able to use the rear of the property, it is going to be difficult for us to stay in this location. We need your help to be able to utilize this property as much as possible. Seeing no one else wishing to comment on Z-7-99, 2726 N. Grand River Avenue, "A" Residential and "G-2" Wholesale Districts to "G-2" PLANNING BOARD MINUTES JUNE 15, 1999 PAGE 3 Wholesale District, Chairman Goolsby announced the close of the public hearing and referral to the Zoning and Ordinance Committee meeting at 4 p.m. on Wednesday, July 14, 1999, in the Department Conference Room, 316 N. Capitol Avenue. Mr. Ruff said since these hearings are being held at the second meeting of the month, we would like to be able to meet with the Zoning and Ordinance Committee prior to July 7 to deal with some of these issues if possible. 1 was hoping the Zoning and Ordinance Committee could possibly meet at 5:30 p.m. on July 7, which is a Wednesday. Because of the holiday, and the Council meeting, the Board would meet on Wednesday, July 7, 1999. 1 would like to poll the members." Chairman Goolsby said we would discuss this in our committee meeting tonight. The date will have to be determined. B. Z-8-99, 914-1008 W. Washtenaw, 909-1003 W. Washtenaw, 300-318 S. Butler, and 912-1010 W. Kalamazoo, "C" Residential to "D-1 Professional Office District. Doris Witherspoon presented the case, a request by Charles Abraham of Seven Block Development LC to rezone the above properties for the purpose of constructing a two-story office/commercial center pursuant to the Seven Block Development Plan. This request encompasses Z-25-97, 300 Block of S. Butler, "C" Residential District to "D-1" Professional Office, a pending item of the Planning Board. The property is approximately 3.6 acres. The Seven Block Area Development Plan designates this area as office and commercial use. CHARLES ABRAHAM, PETITIONER, AND ALSO MEMBER OF THE SEVEN BLOCK DEVELOPMENT LC, 431 S. CAPITOL. We have an agreement with the City of Lansing. We have been working over the last three years with the Planning Office and also with the CDC of the Seven Block Area. We have approached the City and given a proposal to acquire approximately 3.9 acres of land that the City had owned. We propose to change it from residential to "D-1" Office District. At one time, they were asking for commercial proposals; however, none was received. We thought the highest and best use would be for office use in a building of approximately 90,000 sq ft with 320 parking spaces. We feel we can bring class A office space into downtown Lansing that would enhance the area and complement the new Hall of Justice Building and also the State Library. We have a site plan and must narrow it down within the next four months. DON LAWRENCE, ATTORNEY WITH HUBBARD LAW FIRM, REPRESENTING MR. AND MRS.. ORBY GRAY, PROPERTY OWNERS PLANNING BOARD MINUTES JUNE 15, 1999 PAGE 4 AT 222, 226, 228, AND 230 S. BUTLER. I have briefly reviewed with Mr. Abraham tonight the site drawing. I understand it is not final. We have some concerns in terms the four residential parcels owned by my clients which will be immediately adjacent to this development. The street patterns have not been finalized. A portion of Washtenaw adjacent to my clients' property may be vacated. We do not want to appear opposed, but we are concerned with how the development would be carried out. Seeing no one else wishing to comment on Z-8-99, 914-1008 W. Washtenaw, 909-1003 W. Washtenaw, 300-318 S. Butler, and 912-1010 W. Kalamazoo, "C" Residential to "D-1 Professional Office District, Chairman Goolsby announced the close of the public hearing and referral to the Zoning and Ordinance Committee meeting. C. Z-9-99, 303 W. Kalamazoo Street, "E-1" Apartment Shop, "E-2" Local Shopping, "G-1" Business and "J" Parking Districts to "G-1" Business and "J" Parking Districts Mr. Ruff presented the case, a request by Ken Pierce of Ingham County to rezone a block owned by Ingham County from "E-1" Apartment Shop, "E- 2" Local Shopping, "G-1" Business and "J" Parking Districts to "G-1" Business and "J" Parking Districts. The proposal is for the north two- thirds approximately to be "G-1" Business District, and the southern one- third to be "J" Parking. The property is 3 acres in size, 330 ft x 396 ft. The purpose of the rezoning is to allow expansion of the County facilities, in cooperation with the combined Courts Facilities that the City and the County are cooperatively engaged in. The Grady Porter Building is proposed to be expanded in this project. The proposal is to construct a three-story building to the west of the existing Grady Porter Building and a three-story entry way that would connect the two buildings on all three floors. There would be limited parking on the basement level, plus mechanical and storage facilities. Over time, since they have assembled the whole block, they have acquired some extraneous zoning patterns that prevents the expansion of the Grady Porter Building. The northern two-thirds, Lots 1-4 and Lots 9-12 of Block 138 of Original Plat of the City of Lansing, is proposed to be entirely "G-1" Business. The southern one- third, Lots 5-8, is proposed to be "J" Parking. The majority of this portion is already "J" Parking. Mr. Ruff noted that on Monday night, June 14, there was an request on the Council Agenda by the Board of Water and Light for rezoning property and also for a Special Land Use for property just to the north on Kalamazoo Street that is now parking for the County. Discussion is taking place about existing parking and how to maximize parking on this site, and how to care for temporary parking needs for the area. Further meetings will take place regarding this aspect. PLANNING BOARD MINUTES JUNE 15, 1999 PAGE 5 Mr. Goolsby said he would like to know the number of employees on site, how many employees there will be on site after the court is constructed, and a count of numbers of people in the courts on any given day to give an idea of expected traffic in the area; also if parking provided would be sufficient for employees and if parking would accommodate jurors. Potential jurors are left with a bad impression of the justice system when they are forced to scramble for parking space to serve on a jury. KEN PIERCE, INGHAM COUNTY PURCHASING/PROPERTIES DIRECTOR, 121 E. MAPLE, MASON, MICHIGAN REPRESENTING THIS PROJECT FOR THE COUNTY AND FOR THE JOINT BUILDING AUTHORITY. With me this evening are the construction manager, Andy Jobin from Clark Construction, Lawrence McMannaly from Spicer who put much of this information together, and Ben Whitehead, design engineer. The judges are very concerned about the parking. STEPHANIE WHITBECK, 620 W. IONIA, REPRESENTING THE HISTORIC DISTRICT COMMISSION AND ALSO AS LAND USE CHAIR FOR THE DOWNTOWN NEIGHBORHOOD ASSOCIATION. The Executive Committee of the Historic District Commission reviewed the request. It is time for the Planning Board to deal with a zoning classification that allows developers the benefit of having no height, setback, or parking requirements in the "G-1" Business District to maximize the use of the land. We have not yet seen the impact of the 1,000,000 sq ft of new office space with no parking for the Civic Center, and at the Days Inn site. Next is going to be the YWCA that is going to be state offices. There is no parking there. We are sensitive to that because of the impact on that historic area. In this community when demand for parking exceeds the supply, we look for demolition for surface parking. This particular request is inconsistent with the current Master Plan and the pending Lansing Comprehensive Plan. The River Island Master Plan indicates that this is for government office, the "G-1" is for commercial retail in the Central Business District. In the pending Lansing Comprehensive Plan there is a land use capital area, business medium- density residential. We have included the language in the pending Master Plan. It doesn't really conform to this proposal. This does threaten the historic resources in the surrounding areas. We consider the environmental impact as negative. Without parking you do threaten the environment, which is the built environment. We consider the intent of the "G-1" inconsistent with this request. In the Zoning Code, the "G-1" intent is for commercial-retail in the downtown central business district, unlike the "D-V which is for office use. This is office, with setback, height and parking requirements. The Downtown Neighborhood Association Land Use Subcommittee met today. We reiterate the long-time position of the DNA, that courthouse PLANNING BOARD MINUTES JUNE 15, 1999 PAGE 6 activities should remain in downtown Lansing, but we do have serious reservations about the "G-1" because of parking issues. We talked about the Civic Center, and the Days Inn and the YWCA. The problem is exacerbated by the consolidated courts. We are sensitive, because we know there is a need for critical mass of buildings downtown. We have seen demolition of housing in the past thirty years in downtown Lansing has exceeded 3,000 housing units. We know this is how it happened in the past. We also know that surface parking lots remain as dirt parking lots and they make the downtown look desolate, dreary and unsafe. They reduce the tax base and remove land from more productive uses. We are also sensitive to the short-sighted willingness to pave parkland. Lansing used to be known as a city famous for its beautiful parks. We have suffered in the DNA the consequences of the paving of Ferris Park that happened without notice overnight twenty years ago. We are very pleased to get back some of that from parking use to parkland. We are concerned that with no movement of the City to building additional ramps whether the City will be able to meet the State's requirement to find parking for those 50 existing parkers who are legislative staffers. We are quite disappointed with the movement toward the paving of Adado Riverfront Park, particularly when the City has recognized the unrealized potential of the Grand River. In this area where the courthouse and the County Building, also in proximity is the Days Inn and YWCA, historic Reutter Park is also located. We hope down the road, no one gets the idea that it's a place to pave, because we need the park. People who are residents or potential residents consider the proliferation of surface parking lots undesirable. They reduce market interest in the downtown. As demand for parking exceeds supply, building owners and entrepreneurs will move to acquire existing buildings to demolish them for surface parking. This increases the tax burden on other property owners because the City does not reduce its costs when its revenues go down. We point this out because of the way the City taxes parking lots. There are two different policies based on the way parking lots operate. If it is a lot that charges by the hour, they are taxed on the revenue stream, but the buildings that have parking lots that don't charge for them, that it is simply parking associated with something, the City taxes that as vacant land improved with asphalt, and the asphalt is depreciated. That hardly compares with property taxes generated by land with buildings on it that pay the costs of this government here. If the City is not going to require parking lots with offices developed downtown, then the City must develop new or enlarged ramps. We don't see any movement in that direction. Alternatively, free satellite parking could be provided with shuttle service. (Also provided printed testimony on Z-8-99.) Seeing no one else wishing to comment on Z-9-99, 303 W. Kalamazoo Street, "E-V Apartment Shop, "E-2" Local Shopping, "G-1" Business and "J" Parking Districts to "G-V Business and "J" Parking Districts, Chairman PLANNING BOARD MINUTES JUNE 15, 1999 PAGE 7 Goolsby announced the close of the public hearing and referral to the Zoning and Ordinance Committee meeting. D. SLU-4-99, 3940 N. Grand River Avenue, Use "J" Parking for Vehicle Display Mr. Sturdevant presented the case, a request by Rush Equipment Center at 3940 N. Grand River for a special Land Use permit to allow display and sales of heavy equipment in the "J" Parking District. This address has recently been before the Board as Z-5-99. The property is zoned "A" Residential and "J" Parking Districts and is pending rezoning to all "J" Parking District. The reason for the recommendation to "J" Parking District is to permit the Planning Board and City Council to review the applicant's plan for display of vehicles for sale in order to assure that residential uses on the opposite side of North Grand River Avenue are buffered. The applicant has submitted a site plan showing an additional 25 ft added onto the existing parking lot leaving approximately 70 ft in the buffering zone between the sales and display area and North Grand River Avenue. This is consistent with adjacent land uses to the east. This proposal meets the nine criteria for the special land use permit; also staff is recommending that a minimum of 50 ft be maintained for buffering of the opposite residential neighborhood and to maintain the avenue character of this portion of North Grand River Avenue; also that plans detailing site lighting be required for staff approval as part of the site plan necessary to approve the proposed surface lot. BRENT TITUS, 313 S. WASHINGTON SQUARE, HERE ON BEHALF OF RUSH EQUIPMENT CENTERS OF MICHIGAN. Also with me today is Troy Otmer, the local branch manager of the Rush Equipment Center in Lansing, and the property owner, Roy Johnson, owner of Johnson's Speed Shop. We have requested a special land use permit for the display of construction equipment along Grand River. We have submitted a site plan to pave the area and landscape it and replace and modernize the existing sign and landscaping. We need a paved area for heavy equipment and a substantial pad. This is the second part of a request to accomplish this purpose, originally put forth as a rezoning of 100 ft. There was concern about the residential area; we worked out a proposal to maintain 50 ft. of buffer zone to be maintained as it is, and allow the north 50 ft. of the south 100 ft. to be utilized for display of equipment surrounded by landscaping. The "J" Parking District does allow this. We understand the need for a buffer to protect the residential across the street. Seeing no one else wishing to comment on SLU-4-99, 3940 N. Grand River Avenue, Use "J" Parking for Vehicle Display, Chairman Goolsby PLANNING BOARD MINUTES JUNE 15, 1999 PAGE 8 announced the close of the public hearing and referral to the Zoning and Ordinance Committee meeting this evening. E. LS-1-99, Lot Split South of the 2000 Block Moffitt Street Mr. Ruff presented the case, a request by J & L Investments Co. L.L.C., owners, for a lot split south of the 2000 Block of Moffitt Street. A variance from the design requirements of the subdivision regulation is requested. The property is zoned "A" Residential. There is a combination of properties involved, with larger vacant pieces of property plus smaller residential properties along Moffitt Street. Over the years lot splits have been approved for this property. Basically, lots were divided at 60 ft x 100 ft. In recent years, some parts of the land have been sold to adjoining neighbors, and deeds issued. The applicant has requested a lot split to get City authorization for that division that was done by deed. They were reviewed and denied, based upon the fact that it did not meet the subdivision regulations for lot width-to-depth ratio. The proposal is to have these lots 200 ft. deep, or double their existing depth. That exceeds the 2.5:1 ratio. The Assessor's Office has provided an explanation and copies of the warranty deeds. The site is located on Moffitt Street just east of Pleasant Grove Road. MICHAEL MARKEY, J & L INVESTMENT CO., L.L.C. I would be glad to answer any questions. Seeing no one wishing to comment on LS-1-99, Lot Split South of the 2000 Block Moffitt Street, Chairman Goolsby announced the close of the public hearing and referral to the Zoning and Ordinance Committee meeting, meeting this evening. 5. COMMENTS FROM THE AUDIENCE (5 minutes each) - None. 6. RECESS - The Chairman declared a recess for a meeting of the Zoning and Ordinance Committee to take up SLU-4-99. 7. BUSINESS SESSION Minutes for Approval: May 18, 1999 Mr. Nischan made a motion, seconded by Ms. Keene, to approve the minutes of May 18, 1999. Voice vote, Ayes: All; Nays: None; carried; unanimous; the minutes of May 18, 1999 were APPROVED. B. Committee Reports 1. Committee of the Whole - did not meet. 2. Zoning and Ordinance Committee - Mr. Miller, Chairman. PLANNING BOARD MINUTES JUNE 15, 1999 PAGE 9 a. SLU-4-99, 3940 N. Grand River Avenue, Use "J" Parking for Vehicle Display The public hearing was held this evening for this special land use permit request for the display and sales of heavy equipment in the "J" Parking District. It is zoned residential and "J" and it is pending. We took action to rezone this to "J" Parking with the concept that we would see this special land use. The review of the design was done; it looks compatible with the nine criteria. The Committee concurred with the staff recommendation. In Committee, it was moved, seconded and carried unanimously (3-0) with the following conditions: 1. That a minimum of 50 ft setback should be maintained for buffering of the opposite residential neighborhood and to maintain the avenue character of this portion of North Grand River Avenue; and 2. That plans detailing site lighting be required for staff approval as part of the site plan necessary to approve the proposed surface lot. Mr. Miller made a motion, seconded by Mr. Frederick, based on testimony, evidence and the staff report, a copy of which is attached hereto and made a part thereof, to approve SLU-4-99, 3940 N. Grand River Avenue, Use "J" Parking for Vehicle Display. PLANNING BOARD ACTION on the motion was as follows. Frederick . . . . . . . . . . . . . . . . . . . . Ave Keene . . . . . . . . . . . . . . . . . . . . . . . Aye Miller Ave Nischan. Ave Smith . . . . . . . . . . . . . . . . . . . . . . . Ave Goolsby . . . . . . . . . ... . . . . . . . . . . Ave On a roll call vote, there were: Ayes: 6; Nays: 0; SLU-4-99, 3940 N. Grand River Avenue, Use "J" Parking for Vehicle Display with two conditions as above was APPROVED. b. NCU-1-99,1038 E. Oakland Avenue, Substitution of Nonconforming Use The building was originally constructed as a commercial structure, but is located in the "C" Residential District. The applicant is seeking the Board's permission to use the building to operate a residential remodeling/restoration business as well as a theatrical/stage lighting rental business. PLANNING BOARD MINUTES JUNE 15, 1999 PAGE 10 The Committee found, based on testimony and evidence, that the proposed use with the proposed conditions would not be more intensive than previous uses of the structure and would not adversely impact the adjacent residential neighborhood. Further, the Committee found that the applicant is willing to install a fence from the rear corner of the building to the west property line. The applicant also is willing to refrain from outdoor vehicle storage overnight. In Committee, it was moved. seconded and carried unanimously 3-0, to approve NCU-1-99, 1038 E. Oakland Avenue, Substitution of Nonconforming Use, with conditions as follows: 1. that a five- to 6-foot wood fence be installed along the west property line south of the building, and a chain link fence be installed along the south property line, and also cedar bushes (evergreen shrubs) be planted next to the chain link fence for buffering. 2. that business hours of operation be limited to 7 a.m.- 10 p.m., with no work between 10 p.m. and 7 a.m.; and 3. no parking of vehicles on the lot overnight. Mr. Miller made a motion, seconded by Mr. Frederick, based on testimony, evidence and the staff report, a copy of which is attached hereto and made a part thereof, to approve NCU-1-99, 1038 E. Oakland Avenue, Substitution of Nonconforming Use, with conditions as above. PLANNING BOARD ACTION on the motion was as follows. Keene. . . Ave Miller . .Ave Nischan . . . . . . . . . . . . . . . . . . . . . . Ave Smith . Ave Frederick . . . . . . . . . . . . . . . . . . . . . Ave Goolsby . Ave On a Roll Call Vote, there were: Ayes: 6; Nays: 0; NCU-1-99, 1038 E. Oakland Ave., Substitution of Nonconforming Use, with conditions as above was APPROVED. Next meeting Wednesday, July 7, 1999 at 5:30 p.m. in the Department Conference Room, 316 N. Capitol Avenue. 3. Urban Development Committee - Mr. Nischan, Chair. a. Act-6-99, 621-623 East Michigan Avenue, Outdoor Seating in Public Right-of-way PLANNING BOARD MINUTES JUNE 15, 1999 PAGE 11 This is a request for outdoor seating on the sidewalk in front of the restaurant at 621-623 E. Michigan Avenue. The sidewalk is 18'6" in width, and would extend about half way into it. The Urban Development Committee examined the proposal. In Committee, it was moved, seconded and carried unanimously to recommend approval of Act-6-99, 621-623 East Michigan Avenue, Outdoor Seating in Public Right-of- way. There was an amendment to the wording as follows: To allow seasonal outdoor seating within the right-of-way directly in front of 621-623 East Michigan Avenue by annual permit in accordance with Section 5.b.2 & 3 of the Downtown Mall and Environs Procedures with the following conditions: 1. That the railings not be permanently fixed in the sidewalk. All railings, seats, tables, flower arrangements, etc., must be removed entirely from the right-of-way during the off season and for construction and/or tree maintenance at the subject location, and 2. That a minimum of 5 ft of clear unobstructed walkway be maintained for pedestrian travel along the sidewalk, particularly between public fixtures and the private amenities such as the flower pots. Motion carried unanimously, 4-0. Mr. Nischan made a motion, seconded by Mr. Smith, based on testimony, evidence and the staff report, a copy of which is attached hereto and made a part thereof, to approve Act-6-99, 621-623 East Michigan Avenue, Outdoor Seating in Public Right-of-way with two conditions as above. PLANNING BOARD ACTION on the motion was as follows. Mr. Goolsby asked the definition of the season. Mr. Nischan said the Committee meant when it is too cold to sit outside and eat, and before it gets warm enough to sit outside and eat. Ms. Keene said Ms. Love explained that the PSD has procedures that specify the dates that have to be conformed to. Even though they are not in the PSD, they would be expected to conform. The friendly amendment, that the applicant be required to conform to PSD guidelines in terms of dates for outside operations, was acceptable as a third condition. PLANNING BOARD MINUTES JUNE 15, 1999 PAGE 12 Miller. . . Ave Nischan. . . Ave Smith. . . Ave Frederick . . . . . . . . . . . . . . . . . . . Ave Keene . . . . . . . . Ave Goolsby . . . Ave On a roll call vote, there were- Ayes: 6; Nays: 0; unanimous; carried; Act-6-99, 621-623 East Michigan Avenue, Outdoor Seating in Public Right-of-way with three conditions as above was APPROVED. b. Act-8-99, 217-221 South Grand Avenue, Barrier-free Access Ramp in Public Right-of-way This is a request to install a barrier-free access ramp in the right-of-way, directly in front of the northwest corner of the building at 217-221 South Grand Avenue and tie it into the City Club ramp immediately to the north. Other proposals were seen previously by the Urban Development Committee. This one addresses some of the crowding that otherwise would happen on the sidewalk by tying it into the City Club's ramp on the north. In Committee, it was moved, seconded and carried to recommend approval of Act-8-99 permitting an encroachment into the right-of-way of approximately 5 ft 2 in x 9 ft 2 in directly in front of the northwest corner of 217-221 South Grand Avenue for a barrier-free access ramp tie-in addition to the current ramp located directly in front of the City Club, 213-215 South Grand provided that a minimum of 5 ft of clear unobstructed walkway be maintained for pedestrian travel along the sidewalk. Motion carried unanimously, 4-0. Mr. Nischan made a motion, seconded by Mr. Smith, based on testimony, evidence and the staff report, a copy of which is attached hereto and made a part thereof, to approve Act-8-99, 217-221 South Grand Avenue, Barrier-free Access Ramp in Public Right-of- way with conditions as above. PLANNING BOARD ACTION on the motion was as follows. Nischan . . . . . . . . . . . . . . . . . . . . . . Ave Smith . Ave Frederick . . Ave Keene. . .Ave Miller . .Ave Goolsby . . . . . . . . . ... . . . . . . . . . . Ave On a roll call vote, there were: Ayes: 6; Nays: 0; unanimous; carried, Act-8-99, 217-221 South Grand Avenue, Barrier-free Access Ramp in Public Right-of-way with conditions as above was APPROVED. C. Act-9-99, SE Corner North Grand Avenue and Saginaw Street, Adado Riverfront Park, Parking Lot for LCC Use PLANNING BOARD MINUTES JUNE 15, 1999 PAGE 13 This is a request by the Lansing Department of Parks and Recreation, the Parks Board, and LCC to construct a parking lot in the Adado Riverfront Park. The proposed lot would have 122 parking spaces, in an area approximately 125 ft x 350 ft (approx. one acre). The area is currently used for staging special events. As proposed, the lot will be used by LCC during weekdays, and available for park use on the weekends. Greater flexibility in use is proposed in the summer months, during peak park demand and reduced LCC use. The Committee reviewed the location, character and extent of the applicant's proposal, and found: 1. That upgrading the proposed site would turn it into a hard-surfaced area for both staging special events and parking, 2. That a parking lot at the proposed location could mitigate the impact of on-street parking on the Durant Park neighborhood, 3. That landscaping, screening and buffering can be used to improve the aesthetics of the parking lot. In committee, it was moved, seconded and carried unanimously (4-0) to recommend approval of Act-9-99 subject to conditions enumerated in two memos by John Roberts dated March 11, 1999 and March 30, 1999. Mr. Nischan made a motion, seconded by Mr. Smith, based on testimony, evidence and the staff report, a copy of which is attached hereto and made a part thereof, to approve Act-9-99, SE Corner North Grand Avenue and Saginaw Street, Adado Riverfront Park, Parking Lot for LCC Use be approved with conditions as above. PLANNING BOARD ACTION on the motion was as follows. Mr. Goolsby asked if, for example, if RiverFest was coming in, would LCC vacate the parking lot during that time? Ms. Keene said yes, that was in the contract between Parks and LCC. Mr. Ruff said in the contract, they would outline specific dates, and there would also be opportunity for other times that could be scheduled for special events. Nischan . . . . . . . . . . . . . . . . . . . . . . Ave Smith . Ave Frederick . . . . . . . . . . . . . . . . . . . . . Ave Keene. . . Ave Miller . .Ave Goolsby . Ave PLANNING BOARD MINUTES JUNE 15, 1999 PAGE 14 On a roll call vote, there were: Ayes: 6; Nays: 0; unanimous, carried; Act-9-99, SE Corner North Grand Avenue and Saginaw Street, Adado Riverfront Park, Parking Lot for LCC Use was approved with conditions as above. APPROVED. d. Act-10-99, 1400 Blk. E. Michigan Avenue, Vacate E-W Alley 3301-15-259 This is a request to vacate 120 feet of the west end of the E-W alley in the block bordered by Custer, Ferguson, Jerome and Michigan Avenue. The alley currently extends westward from Custer St., and dead-ends behind Bancroft Flowers, 1417 E. Michigan Avenue. It divides the commercial uses facing Michigan Avenue from the residential uses facing Jerome St. It gradually has fallen into disrepair. The subject portion of the alley is not necessary for access to any adjacent properties. Half of the property would go to Bancroft Flowers, and the other half would go to property owners on the north side. It would clean up an untidy, unmaintained portion of the alley and give it to adjoining property owners to maintain. The Committee, based on character, location and extent of the request, recommends approval of Act-10-99, 1400 Blk. E. Michigan Avenue, Vacate the West 120 ft of the E-W Alley in the block bordered by Custer, Ferguson, Jerome and Michigan Avenue, reserving appropriate easements for utilities and emergency vehicles. The Committee further recommends that prior to vacating this alley, the City work with its CSO contractors and the owners of the affected properties to remove old pavement materials and grade the alley to conform with the surrounding area. In Committee, it was moved, seconded and carried unanimously (4-0) to recommend approval of Act-10-99, 1400 Blk. E. Michigan Avenue, Vacate the West 120 ft of the E-W Alley in the block bordered by Custer, Ferguson, Jerome and Michigan Avenue. Mr. Nischan made a motion, seconded by Mr. Frederick, based on testimony, evidence and the staff report, a copy of which is attached hereto and made a part thereof, approve Act-10-99, 1400 Blk. E. Michigan Avenue, Vacate the West 120 ft of the E-W Alley in the block bordered by Custer, Ferguson, Jerome and Michigan Avenue. PLANNING BOARD ACTION on the motion was as follows. PLANNING BOARD MINUTES JUNE 15, 1999 PAGE 15 Smith . . Aye Frederick. . .Aye Keene . . . . . . . . . . . . . . . . . . . . . . . Aye Miller. . . Aye Nischan . . Aye Goolsby . . . . . . . . . . . . . . . . . . . . . Aye On a roll call vote, there were: Ayes: 6; Nays: 0; carried; unanimous, Act-10-99, 1400 Blk. E. Michigan Avenue, Vacate the West 120 ft of the E-W Alley in the block bordered by Custer, Ferguson, Jerome and Michigan Avenue was APPROVED. e. Act-11-99, 1200 Block E. Jolly Rd., S. Side, Acquire for Fire Station This is a proposal by the City to acquire land in the 1200 Block of E. Jolly Road for construction of a new fire station to serve an area that is underserved with both fire protection and ambulance service in the southeast area of the city. This is for acquisition of the property; it will also require a special land use permit, and vacation of right-of-way. Staff recommended approval of the acquisition of the property, subject to: 1. a lot split application made to split off 2.9 acres from the original parcel; 2. an environmental review and title commitment showing clear marketkable title; 3. a special land use permit to be approved at a later time by the Planning Board and City Council for the fire station; 4. that it be subject to an Act 285 review on vacation of the Devonshire right-of-way between Barr Avenue and Jolly Road, accompanied by negotiations to purchase the west half of the vacated right-of-way. In Committee, a motion was made, seconded and carried unanimously, 4-0, to recommend approval of Act-11-99, 1200 Block E. Jolly Rd., S. Side, Acquire for Fire Station subject to conditions as above. Mr. Nischan made a motion, seconded by Mr. Smith, based on testimony, evidence, and the staff report, a copy of which is attached hereto and made a part thereof, to recommend approval of Act-11-99, 1200 Block E. Jolly Rd., S. Side, Acquire for Fire Station. PLANNING BOARD ACTION on the motion was as follows. PLANNING BOARD MINUTES JUNE 15, 1999 PAGE 16 Frederick . . . . . . . . . . . . . . . . . . . . Ave Keene . . . . . . . . . . . . . . . . . . . . . . . Ave Miller . . . . . . . . . . . . . . . . . . . . . . . Ave Nischan. . . . . . . . . . . . . . . . . . . . . . Ave Smith . . . . . . . . . . . . . . . . . . . . . . . Ave Goolsby . . . . . . . . . . ... . . . . . . . . . . Ave On a Roll Call Vote, there were: Ayes: 6; Nays: 0; Act-11-99, 1200 Block E. Jolly Rd., S. Side, Acquire for Fire Station with conditions as above was APPROVED. Next meeting Tuesday, June 24, 1999, at 3 p.m., Department Conference Room, 316 N. Capitol Avenue. 4. Executive Committee - Has not met. C. Report from the Planning Manager. Mr. Ruff said that on Monday night, June 14, City Council held a public hearing regarding the Public Act 425 agreement that is proposed between Meridian Township and the City of Lansing. Mr. Ruff made a presentation, copies of which he provided to Board members. The Meridian Township Board is having a hearing on Wednesday, June 15, 1999. After thirty days, the Council and the Board can vote on a revised agreement at that time. (Editor's note: Actually, the Council would vote within 30 days from the date of the hearing.) D. Pending Items: Future action required. 1. Planning Board a. Z-25-97, 300 Blk. S. Butler, W. Side, "C" Residential to "D-1" Professional Office District(Tabled January 6, 1998) 2. Zoninq and Ordinance Committee a. Z-19-97, N.W. Cor. Cavanaugh &Aurelius, "F" Commercial to "G-2" Wholesale District(Tabled October 15, 1997) a. Z-1-98, 1223 N. Turner St., "H" Light Industrial District to "G-1" Business District(Tabled February 11, 1998) b. Z-3-98, 1131 & 1133 Race Street, "H" Light Industrial to"G-1" Business District(Tabled April 15, 1998) C. Z-4-98,201 E. Grand River, "F-1"Commercial &"H" Light Industrial Districts to"G-1" Business District(Tabled June 10, 1998) d. Z-5-98,401-407 E. Grand River, "F" Commercial District to "G-1" Business District(Tabled June 10, 1998) e. Z-8-98, 208 E. Grand River Avenue, "F-1"Commercial to "G-1" Business (Tabled August 12, 1998) Urban Develooment Committee a. Act-19-98, 120 E. Shiawassee Street, Fire Station#1, Market/Sale for Mid- Rise Residential with Building Preserved b. Act-21-98, Ingham Regional Medical Center, Replacement Sign in S. Pennsylvania ROW(Tabled September 8, 1998) C. Act-24-98, Everett Lane at Paris St.,Vacate ROW(Tabled February 16, 1999) PLANNING BOARD MINUTES JUNE 15, 1999 PAGE 17 8. NEW BUSINESS A. Letter to City Council President Tony Benavides from Eleanor K. Love requesting appointment of two ex officio members of Planning Board for term 7/3/1999-6/30/2000. 9. COMMENTS FROM CHAIRPERSON Chairman Goolsby said appointments have been made in the past, and councilmembers have actually attended meetings. The interesting thing is that City charter allows two ex officio members; however, state law says there can only be one. 10. COMMENTS FROM BOARD MEMBERS Mr. Nischan asked about downtown parking and the possibility of having shuttle service to remote lots. In other cities, when developers construct new buildings, they are required to put the parking inside the building. Is Lansing considering doing that instead of having the City buy more parking ramp space? Mr. Ruff said that the City is working with the State and with the County and the Board of Water and Light. The Board wants to build a chiller facility to provide cold water for air conditioning for office buildings downtown. As part of the agreement to purchase from the county this 44-space parking lot north of the County Building, their purchase price will pay for building some parking to replace the 44 spaces. This may mean the beginnings at least of a ramp south of the Ingham County Building. We have had discussion with Clark Construction as to how we can fund further expansion of that area for parking. A misconception that was brought up tonight was the fact that new development does put pressure on construction of surface parking, taking down buildings that may be historic, but also the requirement for parking puts that in place. If the Code were to require 100 percent parking, you would also force that issue, because builders would consider what other properties could be used to meet the code requirement. It is a balancing situation. Mr. Ruff shortly will be bringing together County people, Board people; he would also like to invite the Department Director and Transportation Director, and Planning Board members also, to inform everybody where we are regarding parking. We are also involved with possibly getting some land from the State to construct a parking deck. There are complexities here. Mr. Nischan asked specifically is the City considering having builders build parking underneath--first, second and third floors, or underground, or on top of the building. Developers could receive tax and other incentives that would be cheaper than paying for parking and wasting more space on ramps. A considerable amount of parking for new development could be handled that way. It would be cheaper for the City, and better for people to be able to park indoors PLANNING BOARD MINUTES JUNE 15, 1999 PAGE 18 and not have to slog through snow, and the City would minimize the of surface downtown for parking. Mr. Frederick said jurors are not the only ones left with a bad taste in their mouth dealing with parking. There is a mini-revolt going on regarding the application of the parking code. Several parkers have received tickets, not for overstaying meter time, but because they were slightly over the line they were supposed to park between. One person parked a small car lined up along the curb with big cars. Because they lined up with the outside of the car, they got a ticket for being too far from the curb. "I would encourage whoever has some influence over the parking ticket people to maybe say a few things. Those tickets are really annoying, because not only do they insult your intelligence, but they cost three times as much as if you go over the meter." It is an annoyance. Mr. Nischan said it is one more example of subsidizing vehicles and refusing to subsidize pedestrian circulation in the City. We subsidize vehicles and then tax them and wonder why people don't want to be downtown. There is a mental block about the much cheaper subsidy of a free trolley for transporting people. Mr. Frederick said he did not receive a ticket, though he knows people who did. He would be interested to know how much money is spent for wages and benefits for the ticket givers to see if the money could be put to better use to develop other methods of dealing with the parking situation and revert to the original purpose for parking meters, which was to regulate time and not to generate revenue for the City. It works out much better to keep cars moving out of parking spots. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS Mr. Smith asked if there has been any movement on the Drakes Station on S. Martin Luther King Blvd. that looks terrible. 12. ADJOURNMENT was at 8.50 p.m. Respectfully submitted,,; Eleanor K. Love, Secretary Planning Board mn061599 a:\50