Loading...
HomeMy WebLinkAbout2017 mins planning board FINAL 5 1 Regular Meeting v C LANSING PLANNING BOARD July 5, 2017 6:30 p.m., Conference Room Neighborhood Empowerment Center 600 W. Maple Street MINUTES 1. OPENING SESSION Mr. Ruge called the meeting to order at 6:30 p.m. a. Present: John Ruge, Tony Cox, Josh Hovey, Marta Cerna, Katie Johnson & Farhan Bhatti b. Absent: Bill n eMartinez& Susan Stachowiak C. Staff: Ms. Henry made a motion, seconded by Mr. Cox to approve excused absences for Mr. Ruge & Mr. Hovey. On a voice vote,the motion carried unanimously(4-0). 2. APPROVAL OF AGENDA—Mr. Ruge approved the agenda by unanimous consent. 3. COMMUNICATIONS a. Letter objecting to Z-5-2017 from Angela Detzler, 1111 David Street b. Letter of support for Z-5-2017 from W. Paul Wiegman,Wiegman Co., 1100 Lake Lansing Road C. Letter of support for Z-5-2017 from Steven Sarder, 1016 Lake Lansing Road 4. HEARINGS A. Z-5-2017, 1024 Lake Lansing Rd— Rezoning from "B" Residential to "F-1" Commercial Ms. Stachowiak said that this is a request b D sttict to SF 9h to rezone the Commercial Dist�cpte�The at 1024 Lake Lansing Road from B Residential primary purpose of the rezoning is to permit a medical marijuana dispensary in the building at this location. Ms. Stachowiakh n 1937 and has continuously been said that cPasusedeasoa commercial building that was constructed neighborhood convenience store land uses, thereil very c is commerrc co She said mat mercial l the area is constructedprlin characterized by residentialisb 1937, to the east that is being sThe first Zonied as a blg Ordinanceng l in he business. City ofBLansinghwas sites are zoned B Residential. adopted in 1941which is why these two buildings were able to be constructed despite the residential zoning designation. Ms. Stachowiak said that one of the reasons why the applicant is requesting the rezoning is to bring the commercial building on building inct property into companc residential zoning d str cte itvlis considered th the Zoning Ordinance. As a commercial n nonconforming which means that: Planning Board Minutes July 5, 2017 Page 2 * If the building is damaged beyond 50% of its pre-catastrophic value, it could not be rebuilt except in conformance with the current zoning designation (single family residential). * The applicant is limited to 35% of the value of the building that can be put into it for repairs, improvements, etc. Ms. Stachowiak said that the rezoning would bring the building into compliance with the Zoning Ordinance so that the applicant's investment is protected and the building can be improved without any monetary restrictions. Ms. Stachowiak said that the property itself at 1024 Lake Lansing Road will remain exactly the same (no new construction) and will continue to be used for retail purposes. She said that while the applicant is requesting the rezoning, in part, to permit a medical marijuana dispensary in the building at 1024 Lake Lansing Road, a rezoning should be considered based on any of the uses that would be permitted under the proposed zoning designation. The "F-V Commercial district permits general retail uses, offices, restaurants, gas stations and a variety of other commercial uses. However, since the subject property is very small and only contains enough parking to accommodate 4 vehicles, the allowable uses for the site will be limited. Ms. Stachowiak said that approval of the requested rezoning is not anticipated to have any negative impacts on future patterns of development in the area. With the exception of the commercial property to the east, there would be no basis for rezoning any of the other properties in the immediate surrounding area as they are all zoned and being used for residential purposes. Ms. Stachowiak said that the only basis for rezoning the subject property is that it is already a commercial building and the rezoning will merely bring it into compliance with the Zoning Ordinance. Mr. Ruge opened the public hearing. Mandeep Singh, 1020 Lake Lansing Road, spoke in support of his request. He said that the convenience store is closed and the only proposed use of the building is for a medical marijuana dispensary. Paul Snook, 1117 Lake Lansing Road, spoke in opposition to the request. He said that he has lived at this address his entire life and the subject property has always been a convenience store. Mr. Snook stated that he is concerned about a medical marijuana business occupying the building, particularly with all the kids in the area. He said that there are already medical marijuana dispensaries in the area and they do not need any more. Carol Tielking, 1205 W. Hillsdale Street, spoke in opposition to the request. She said that there are way too many dispensaries in the City of Lansing and there does not appear to be any in other communities in the area. Ms. Tielking said that she gets seizures from the smell of contact marijuana smoke and as a result, she has to stay in your home and keep the air filtered. Mr. Ruge said that the medical marijuana facilities do appear to be concentrated in the City of Lansing as you do not see them in other municipalities. Susan Snook, 1117 Lake Lansing Road, spoke in opposition to the request. She said that there are already too many dispensaries in the area and there is a community center Planning Board Minutes July 5, 2017 Page 3 just a '/z of a block away which should disqualify the subject property from being used for a dispensary. James McGillie, 1514 Drexel Road, stated that he is the attorney for Mr. Singh. He said that a lot of the existing dispensaries will be forced to cease operations when the new laws go into effect and once the licensing requirements are established by the State. Seeing no one else wishing to speak, Mr. Ruge closed the public hearing. 5. COMMENTS FROM THE AUDIENCE— None Carl Tielking, 1205 W. Hillsdale Street, stated that he is a founder of`Tiny House Lansing". He said that the intent is to provide a community of small houses (8 x 20 ) on a /2-1 acre site within the City. Mr. Tielking stated that the LCC has a model of one of these homes. He stated that they intend to provide these houses to good upstanding veterans who would help build the homes that they would eventually live in. Mr. Tieiking said that he has had more than 3000 people contact him expressing their support for his idea. He said that people are looking to downsize their living arrangements and use the money to for other things that would have an economic benefit to the community. Mr. Tielking stated that he would like to do a more formal presentation of this proposal to the Planning Board. Mr. Ruge asked Ms. Stachowiak to work with Mr. Tielking. 6. RECESS— None. 7. BUSINESS A. Consent Items 1. Minutes for approval: June 6, 2017 Without objection, the June 6, 2017 meeting minutes were approved. B. Discussion/Action 1. Z-5-2017, 1024 Lake Lansing Road—Rezoning from "B" Residential to "F-1" Commercial Mr. Singh said that the convenience store closed down after a series of robberies. He also said that the number of dispensaries will decrease dramatically when all of the laws and licensing requirements are finally in place. Dr. Bhatti asked if there is an estimate of how many will be shut down. Ms. Stachowiak said that she does not have an exact number but it may be about '/2 of the existing dispensaries. Mr. Ruge said that the newspaper has reported that there are about 70 dispensaries in the City. Planning Board Minutes July 5, 2017 Page 4 Dr. Bhatti said that there is no way to determine how many dispensaries are too many and the government should not make that decision by picking winners and losers. He said that the market will determine supported based on the demand. Dr. Bhatti said that he will vote in favor of the rezoning proposal as the owner of the subject property has a legal right to invest in his property for business purposes and to protect that investment with the proper zoning designation. Mr. Hovey said that the proper zoning for the site is the "F-1 Commercial district whether the proposed use of the site is medical marijuana or any other type of retail business. He said that it is about identifying the correct zoning based on the location, characteristics of the site and the land uses and zoning in the surrounding area. He said that the issue is not identifying a specific use for the property. Mr. Hovey said that the subject property has been used for retail purposes for more than 80 years and the rezoning simply brings the property into compliance with the Zoning Ordinance. Dr. Bhatti made a motion, seconded by Mr. Hovey to recommend approval of Z- 5-2017 to rezone the property at 1024 E. Lake Lansing Road, based on the findings of fact as outlined in the staff report. Mr. Cox said that he is struggling with how to vote on this matter as he understands the concerns of the neighbors and yet the rezoning makes sense from a planning and zoning standpoint. On a roll call vote, the motion carried unanimously(6-0). 2. Act-3-2017, Sale of Cooley Haze House, 213 W. Malcolm X Street Mr. Rieske said that this is a request to authorize the sale of the Cooley-Haze House (formerly the Michigan Women's Historical Center) at 213 W. Malcolm X Street. He said that the House is surrounded on three sides by Cooley Gardens and Scott Park, which will soon feature the relocated Sunken Garden and LBWL's Central Substation. Mr. Rieske said that the sale of the Property is in the best interest of the City because the City will no longer incur the expenses associated with its maintenance and the building will just continue to deteriorate. He said that the building is not barrier-free and the cost of bringing the building up to code for all purposes far exceeds the City's financial abilities. He said that any net proceeds from the sale of the Property will be used for improvements in the City of Lansing park and recreation system Mr. Rieske stated that the Park Board met and approved placing the sale of the Property on the ballot for consideration by Lansing voters at its meeting on June 14, 2017. He said that staff is recommending that the Planning Board concur with the Park Board and its Historic Properties Subcommittee recommendation to place the issue on the ballot for voter approval and to further recommend that the Planning Board concurrence be incorporated in the draft resolution, based on the following findings: • The building is on Public Park property, • The property has not been used for municipal purposes since 1987, • The building is not ADA accessible, and as such it is not well suited to be a public facility. • The property is on the State Register of Historic Sites, and is eligible for Planning Board Minutes July 5, 2017 Page 5 Designation on the National Register of Historic Places, thus making eligible for historic preservation tax credits of up to 20% of qualified rehab costs. • Relocating the building would thwart efforts to utilize the tax credits to rehab the building in an economically feasible manner. Brett Kaschinske, City of Lansing Director of Parks & Recreation, stated that the property is located at the end of S. Capitol Avenue. He said that the City had a 30 year lease with the Women's Hall of Fame which vacated the building in 2017. Mr. Kaschinske said that there is come parking behind the building and there will be additional parking constructed to serve Cooley Gardens to the west and the future site of the Sunken Garden. Veronica Gracia-Wing, 1612 S. Genesee, Parks & Recreation Board Member, spoke in support of the proposal. She said that Casandra Nelson, Historic District Commission member and Joe Vitale, Demolition Board member helped form the recommendation. She said that they considered several other options including marketing the property for sale and bringing the building up to code but the cost of the necessary repairs was insurmountable. Ms. Gracia-Wing stated that the building may qualify for tax credits so to assist potential buyers with renovating the building. The building has a lot of potential and may be very appealing to a private purchaser. She said that it could be a bed and breakfast or a small event venue like the Whitney House in Detroit that is used for special dinner events. Ms. Gracia-Wing said that they will provide a lot of information to the public about the ballot proposal and will place a covenant on the sale of the building that its architectural and historical value must be preserved. She said that it will be a low cost sale so that the buyer can use the money to rehab the building. Mr. Ruge said that he is concerned about the City losing its historic legacy by continuing to eliminate historic resources. He said that Lansing does not appreciate its history enough and that is a real shame. Ms. Gracia-Wing said that the City shares those same concerns which is why there will be a condition on the sale requiring the new owner to preserve its integrity. Mr. Kaschinske said that there are things that a private developer can do and funds that they can leverage that the City cannot to bring the building up to code for reuse. He said that the bids for the painting alone were over$100,000. Mr. Kaschinske said that the intent would be to have this matter on the November ballot which means that it has to be approved by Council by August 15'h Dr. Bhatti asked what will happen if the vote fails. Mr. Kaschinske said that the City will have to look for a renter but the City may have to incur some significant costs. He also said that the building will continue to deteriorate as the City cannot fund the cost of what is really necessary to renovate the building in accordance with code requirements. Ms. Cerna asked if the City has any potential buyers. Ms. Gracia-Wing said that there has been some interest. Planning Board Minutes July 5, 2017 Page 6 Mr. Cox asked if the money that was paid to the City by the previous occupants was insufficient to maintain the building. Mr. Kaschinske said the City was not receiving any rent for the Women's Hall of Fame. That lessee was supposed to incur 30% of the costs needed to maintain the building while they were occupying it. Mr. Hovey made a motion, seconded by Dr. Bhatti to recommend approval of Act-3-2017, concurring with the Park Board and its Historic Properties Subcommittee recommendation to place the sale of the Cooley Haze House at 213 W. Malcolm X Street on the ballot for voter approval and to further recommend that the Planning Board concurrence be incorporated in the draft resolution, based on the following findings: • The building is on Public Park property, • The property has not been used for municipal purposes since 1987, • The building is not ADA accessible, and as such it is not well suited to be a public facility. • The property is on the State Register of Historic Sites, and is eligible for Designation on the National Register of Historic Places, thus making eligible for historic preservation tax credits of up to 20% of qualified rehab costs. • Relocating the building would thwart efforts to utilize the tax credits to rehab the building in an economically feasible manner. On a roll call vote, the motion carried unanimously (6-0). 8. REPORT FROM PLANNING MANAGER Mr. Rieske welcomed Kate Johnson and Dr. Farhan Bhatti to the Planning Board. 9. COMMENTS FROM THE CHAIRPERSON Mr. Ruge said that he read an article about how malls are dying off and it is estimated that 6,000 to 7,000 malls will close in the United States this year. He said that the concern is how to repurpose the buildings. Mr. Hovey said that Detroit has a Motor City Match Program that awards '/2 million dollars in matching funds each quarter to assist with rehabilitating buildings. Mr. Ruge said that he let Mr. Cox express his concerns during the vote on Z-5-2017 but that was a breach of protocol and not something that he will typically be permitted. 10. COMMENTS FROM BOARD MEMBERS Dr. Bhatti said that he is a general practitioner of family medicine and the CEO of Care Free Medical Clinic which is a nonprofit organization serving thousands of underinsured and uninsured patients without access to affordable healthcare. He said that about 70% of his patients are on either Medicare or Medicaid or uninsured altogether. Dr. Bhatti said that he is a graduate of Michigan State University Medical School. He said that he has a long history of political and civic involvement in the community including taking a year off from medical school to assist with Mayor Bernero's gubernatorial campaign. Dr. Bhatti stated that the Planning Board is another way for him to serve the community and he is glad to be a member of the Board. Planning Board Minutes July 5, 2017 Page 7 Mr. Ruge said that he has been on the Board for about 25 years and really enjoys serving. He said that he has been the chair for quite a while. He also said that the cases he enjoys the most are the ones that require the most difficult decisions. Mr. Ruge said that it is difficult to vote a certain way when it conflicts with the concerns of the neighbors but the Board must do what it believes is appropriate from a planning and zoning standpoint. The other Board members introduced themselves. Katie Johnson stated that she is glad to be serving on the Planning Board. She said that she works for the "Safe Routes to School' program. She also said that she has a degree and a occupational background in planning. 11. ADJOURNMENT— Mr. Ruge adjourned the meeting at 7:26 p.m. , N S 1 Regular Meeting LANSING PLANNING BOARD June 6, 2017 -.� 6:30 p.m., Conference Room Neighborhood Empowerment Center 600 W. Maple Street c G MINUTES 1. OPENING SESSION Ms. Martinez called the meeting to order at 6:35 p.m. a. Present: Alisande Henry, Tony Cox, Marta Cerna, Lynne Martinez& Councilmember Judi Brown Clarke b. Absent: John Ruge, & Josh Hovey, C. Staff: Bill Rieske & Susan Stachowiak Ms. Henry made a motion, seconded by Mr. Cox to approve excused absences for Mr. Ruge & Mr. Hovey. On a voice vote, the motion carried unanimously (4-0). 2. APPROVAL OF AGENDA— Ms. Martinez approved the agenda by unanimous consent. 3. COMMUNICATIONS - None 4. HEARINGS A. Z-4-2017, Vacant Parcel, Victor Avenue— Rezoning from "B" Residential to "C" Residential Ms. Stachowiak said that this is a request by Reid Machinery, Inc. to rezone the vacant, .57 acre parcel of land located immediately east of 1219 Victor Avenue from "B" Residential to "C" Residential. The purpose of the rezoning is to permit the construction of 3 duplexes on the site. She said that staff is recommending approval of the request based on its consistency with the master plan and with property planning and zoning practices. Ms. Stachowiak said that the master plan designates the subject property for medium-low density residential use which is consistent with the applicant's proposal. She said that under the current zoning, the applicant could split up the parcel into 6 separate parcels, each of which could contain a single family dwelling. Constructing 3 duplexes instead will allow for more green space on the site. Ms. Stachowiak said that the duplexes would also provide a proper transition between the nonresidential uses and the existing single family neighborhood. A transitional or step-down zoning pattern is an accepted planning practice as it provides a buffer between intensive and low impact uses. Ms. Martinez opened the public hearing. George Grof, representing Reid Machinery, Inc., 3030 S. ML King spoke in support of his request. David Fretter, 1303 Victor Avenue, spoke in opposition to the rezoning. He said that he does not appreciate someone who does not live in the neighborhood telling the Board that this is a good idea. Mr. Fretter said that loss of the trees on the site and constructing duplexes that will almost assuredly be used for rentals as opposed to owner-occupied single family dwellings will have a detrimental impact on the neighborhood. Mr. Fretter said Planning Board Minutes June 6, 2017 Page 2 that he is worried about retaliation from the applicant as a result of the neighbors objecting to this request. He also asked whether the site will have to be leveled off with fill dirt because of the uneven topography on the property. Mr. Fretter asked if there is a development plan for the duplexes. Ms. Martinez said that the Planning Board is only charged with determining whether the "C" Residential district is appropriate for the subject property rather than the specific details of the proposed duplexes. Larry Gollach, 1200 Victor Avenue, spoke in opposition to the request. He said that he has lived in the neighborhood for more than 55 years. Mr. Gollach said that the site was residential at one point but was changed to industrial in the 1970's. He said that the site should be single family owner-occupied homes rather than duplex rentals, although he would prefer to see the site remain vacant. Mr. Gollach expressed concerns about contamination on the site as there was a fire in the area recently and the black smoke indicates toxicity. He questioned whether the site is clean enough to build on at all. Karen Fretter, 1303 Victor Avenue, spoke in opposition to the rezoning. She said that she has lived in the area for 56 years and does not want to see this wooded area destroyed to build some duplex rentals. Mark Waters, 1307 Victor Avenue, spoke in opposition to the rezoning. He said that he has lived in the area since the 1960's and he does not want to see any development on the site, but especially not duplex rentals. Mr. Waters said that it would be detrimental to the neighborhood. He said that the woods on the subject property are an important part of the neighborhood and a lot of wildlife lives in there including dear and wild turkeys. Don Walker, 2805 Kellybrook, spoke in opposition to the rezoning. He said that he owns the property to the south and to the east. Mr. Walker said that he will be demolishing the building to the east and he is opposed to the construction of duplexes on the site. He said that it will hurt the neighborhood and he does not believe that there is room on the site to building 6 single family homes. Ms. Brown Clarke said that the City does not retaliate against someone who expresses their opinions as Mr. Fretter suggested. Mr. Fretter said that he was concerned about retaliation from the owner of the property, not the City. Ms. Stachowiak stated that the issue is not whether the property can be developed. The only question is whether it can be developed for duplexes as opposed to single family homes. She also said that any residential building, whether it is single family or 2-family, can be a rental. Seeing not one else wishing to speak, Ms. Martinez closed the public hearing. B. SLU-2-2017, 3600 N. Grand River Avenue, Special Land Use Permit— Residential Use in the "H" Light Industrial district Ms. Stachowiak said that this is a request by AIS Construction Equipment Corporation to permit housing for students attending classes at 3600 N. Grand River Avenue in the building on the site located nearest the corner of N. Grand River & Remy Drive. The Planning Board Minutes June 6, 2017 Page 3 students will occupy the building from Sunday evening to Friday morning. Residential land use is permitted in the "H" Light Industrial district, which is the designation of the subject property, if a Special Land Use permit is approved by the Lansing City Council. Ms. Stachowiak said that in addition to selling and repairing heavy construction equipment, AIS operates a technical school on the property, offering courses in heavy equipment repair and operator courses. The purpose of the SLU is to provide housing for the students who are enrolled in the classes from Sunday evening to Friday morning. The maximum number of students that would occupy the house at any given time is 15. A building permit to change the use of the building from offices to housing will be required to ensure that it is meets all applicable codes for residential occupancy. Ms. Stachowiak said that the properties directly adjoining the subject property are all being utilized for industrial or office uses. There is a residential neighborhood on the south side of Grand River which is a major thoroughfare that provides a significant buffer between the neighborhood and the subject property. Ms. Stachowiak said that given the adjoining industrial/office land uses, the location of the site on a major thoroughfare and the lack of any physical change to the property, the proposed special land use permit will have no negative impacts on the surrounding area. Ms. Stachowiak said that staff is recommending approval of the request based on a finding that the proposed SLU request complies with all of criteria of Section 1282.03(f)(1)-(9) of the Zoning Code for evaluating Special Land Use permits. Ms. Martinez opened the public hearing. Roger Donaldson, 4787 Tartan, Holt, MI spoke in favor of the request. He said that he is the architect for this project and the building permit is ready to be issued as soon as the SLU is approved. Mr. Donaldson said that the building that is the subject of this request was a house at one time and was converted to offices at some point. He said that they will keep the occupancy of the building to a maximum of 15 to prevent it from being classified as a dormitory under the fire code. Ms. Martinez asked if the students staying in the house will have their own bedrooms and bathrooms. Mr. Donaldson said that there will be 1 and 2 bedroom rooms with shared bathroom, kitchen and dining room and living room space. He said that there will be a residential cook. Ms. Brown Clarke asked if AIS is a certified vocational school. Ralph Hanson, AIS Construction Equipment, Corp., 3600 N. Grand River Avenue, said that they provide training programs so that the students can get certified in heavy construction equipment operation and repair once they complete the 6-10 week program. Ms. Martinez asked if the training program is subsidized. Mr. Hanson said that they work with Michigan Works, Veteran Affairs and other agencies. He also said that they partner with LCC because they have facilities that the college does not have for this type of training. Planning Board Minutes June 6, 2017 Page 4 Ms. Brown Clarke suggested that the applicant work with the Lansing School District so that they can tap into the Promise funds. Mr. Hanson said that they are working with schools and right now they have a student from Everett High School attending one of their programs. Seeing no one else wishing to speak, Ms. Martinez closed the public hearing. 5. COMMENTS FROM THE AUDIENCE— None 6. RECESS— None. 7. BUSINESS A. Consent Items 1. Minutes for approval: June 6, 2017 2. SLU-2-2017, 3600 N. Grand River Avenue, Special Land Use Permit — Residential Use in the "H" Light Industrial district Without objection, the items on the consent agenda were approved. B. Discussion/Action 1. Z-4-2017, Vacant Parcel, Victor Avenue — Rezoning from "B" Residential to "C" Residential Mr. Cox asked the applicant to respond to the concerns raised during the public hearing. Mr. Grof said that the Master Plan calls for higher density development on the subject property and as the owners, they would like to get the highest and best use out of it. He said that Reid Machinery sold Hobart the property that they currently occupy. Ms. Martinez asked if the property is not rezoned, can the owner still build 6 single family homes and can they be rentals. Ms. Stachowiak replied that they can build 6 single family homes as a matter of right under the current zoning. She also said that any dwelling in the City, whether it is single family, duplex or multi-family can be a rental. Ms. Stachowiak said that the only time that owner-occupancy can be required is if there is a deed restriction on the property which is what Habitat for Humanity does when they build and sell as house. Mr. Grof said that Reid Machinery would not likely be the developer of the property as they are not in the landlord business but the rezoning would allow them to sell it for its highest and best use. He said that the neighborhood is very dense as the lots are small so the proposed density will fit in with what already exists but by developing the site for duplexes as opposed to single family dwellings, they can made better use of the site and provide more green space. Ms. Henry asked if the site can still be used for single family development, even if the rezoning were to be approved. Planning Board Minutes June 6, 2017 Page 5 Ms. Stachowiak replied yes. She said that the "C" Residential district allows for both single and 2-family residential use. Mr. Cox made a motion, seconded by Ms. Henry to recommend approval of Z-4- 2017 to rezone the vacant .57 acre parcel of land located immediately east of 1219 Victor Avenue, based on the findings of fact as outlined in the staff report. On a roll call vote, the motion carried unanimously (4-0). 2. Act-12-2016, Vacate Jerome Street between Pennsylvania Avenue and N. Holmes Street Mr. Rieske said that Sparrow Health System is requesting the vacation of Jerome Street between Holmes and Pennsylvania Avenue. He said that Sparrow owns all the property on both sides of that segment of Jerome. Mr. Rieske stated that the request can be granted without a significant impact on the circulation network. Sparrow traffic is already isolated from the neighborhood, and Jerome will remain a non-motorized transportation route. Mr. Rieske said that easements for water, electric, street lighting and communications will be necessary to maintain service. Mr. Rieske said that staff is recommending approval of Z-12-2016, with the following conditions: • Sparrow enters into a maintenance agreement for the signal at Jerome & Penn. • The non-motorized access along Jerome, from Penn to Holmes will be preserved. • The street light agreement (for Jerome St.) with Board of Water and Light will be transferred to Sparrow. • The agreement with ACD for their cell network antenna would need to be transferred to/renegotiated with Sparrow. • Easements for existing utilities (water, electric, communications) will be reserved. Mr. Rieske said that In June of 1902, the City acquired the Jerome St. ROW segment between N. Pennsylvania and N. Holmes Street for$400. Since the late 1990s, traffic diverters were installed on Holmes Street at Jerome and Eureka Streets to isolate Sparrow related vehicular traffic from the adjacent neighborhoods. In 2005, the City entered into a license agreement for three utility tunnels under and across Jerome Street between the main building and Central Utility Plant on Jerome. In the Walk- Bike Lansing and Design Lansing plans (2012), Jerome Street was designated as an E-W non-motorized transportation route in lieu of directing bicycle traffic onto Michigan Avenue. This designation was affirmed in the Design Lansing Comprehensive Plan. Sparrow has also combined the former Eastern High School practice field with the Central Utility Plant parcel at 1223 Jerome Street. Mr. Rieske said that the sanitary and storm sewers within the vacated rights of way only serve the Sparrow-owned parcels on either side. He said that the water mains, gas mains and electric lines appear to serve other properties therefore easements are proposed for these. Mr. Rieske stated that the sidewalks are part of the City's non- motorized transportation system, therefore an easement or other arrangement for their continuation is needed. Planning Board Minutes June 6, 2017 Page 6 Mr. Rieske said that since Sparrow acquired the Eastern High School property Jerome Street essentially bisects the Sparrow holdings. He said that since Jerome Street traffic will become increasingly Sparrow-related, it will take on the role of a private drive. Mr. Rieske said that the character of the street will change with any expansion of Sparrow's footprint. He said that the non-motorized route function would remain, although the alignment may change. He also said that the extent of the vacation is from the east side of Pennsylvania to the middle (approx.) of Holmes Street. The eastern end was carefully delineated so as to separate the sewers which serve the Sparrow property from those that serve the adjacent neighborhood. Mr. Rieske said that there was a high level of coordination on this request to ensure that the City and Sparrow are on the same page. Ms. Martinez asked if the 5 recommended conditions will remain in effect in perpetuity or just until reuse of the property that Sparrow recently acquired from Eastern High School. Mr. Rieske said that the conditions will remain in effect as long as they are needed. He said that Sparrow would need the City's permission to deviate from the conditions. Mr. Rieske stated that there will be some flexibility where the non-motorized pathway is concerned such that it could be a meandering design versus just a straight pathway. Ms. Martinez said that pedestrian safety on E. Michigan Avenue is a significant concern and is very important on the east side. Bill Laurain, Sparrow Health Systems, 1322 E. Michigan Avenue, stated that Sparrow has no immediate plans to develop the property it purchased from Eastern High School but wants the ability to look at the area as a whole for future planning. Ms. Henry made a motion, seconded by Mr. Cox to recommend approval of Act- 12-2016, a request by Sparrow Health Systems for the City to vacate the Jerome Street ROW(Pennsylvania Ave. to N. Holmes,with the following conditions: • Sparrow enters into a maintenance agreement for the signal at Jerome & Penn • The non-motorized access along Jerome, from Penn to Holmes will be preserved • The street light agreement (for Jerome St.) with Board of Water and Light will be transferred to Sparrow • The agreement with ACD for their cell network antenna would need to be transferred tolrenegotiated with Sparrow • Easements for existing utilities (water, electric, street lighting, communications) will need to be reserved. On a roll call vote, the motion carried unanimously (4-0). 8. REPORT FROM PLANNING MANAGER Mr. Rieske introduced Kate Johnson who has been appointed to the Planning Board and will have her appointment confirmed on June 12`h. He said that the Form-Based Code was recommended for approval by the Planning Board at the May meeting, pending a review by the Shaping the Planning Board Minutes June 6, 2017 Page 7 Avenue consultants. Mr. Rieske said that the review has been completed and staff will be meeting with the consultants tomorrow to get the results of their review. 9. COMMENTS FROM THE CHAIRPERSON - None 10. COMMENTS FROM BOARD MEMBERS Ms. Henry said that this will be her last meeting as she is in the process of trying to sell her house and will then be moving out of the City. She thanked the Mayor for appointing her to the Board. She also said that she has enjoyed working with her fellow Board members and the Planning Office staff. Ms. Stachowiak thanked Ms. Henry for her service on the Board. 11. ADJOURNMENT— Ms. Martinez adjourned the meeting at 7:38 p.m. S 1 Regular Meeting ti G LANSING PLANNING BOARD May 2, 2017 6:30 p.m., Conference Room ` Neighborhood Empowerment Center 600 W. Maple Street MINUTES 1. OPENING SESSION Mr. Ruge called the meeting to order at 6:35 p.m. a. Present: John Ruge, Josh Hovey, Alisande Henry, Tony Cox, Marta Cerna & Councilmember Judi Brown Clarke b. Absent: Lynne Martinez C. Staff: Bill Rieske & Susan Stachowiak Mr. Hovey made a motion, seconded by Ms. Cerna to approve an excused absence for Ms. Martinez. On a voice vote, the motion carried unanimously (5-0). 2. APPROVAL OF AGENDA- Mr. Ruge approved the agenda by unanimous consent. 3. COMMUNICATIONS - None 4. HEARINGS- None 5. COMMENTS FROM THE AUDIENCE — None 6. RECESS — None. 7. BUSINESS A. Consent Items 1. Minutes for approval: April 18, 2017—Approved as written B. Discussion/Action 1. Form-Based Code Mr. Rieske introduced the consultant team that was hired by City to develop the Form-Based Code (FBC). He said that the FBC will replace the current Zoning Ordinance in its entirety and is the primary tool that is used to implement the Master Plan. Mr. Rieske said that one of the things that the FBC will do is provide some basic guidelines for building designs to ensure that they fit in with the area in which they are located while still allowing for flexibility so as to not stifle creativity. He said that it will require that exterior walls are covered by a certain percentage of windows and are consistent in mass with surrounding buildings so that we do not end up with another situation like we have with the Niowave pole barn. Planning Board Minutes May 2, 2017 Page 2 Oliver Kiley, Smith Group JJR, stated that the overall goal of the FBC project is to provide the City of Lansing with a zoning code that embodies and enforces the vision and goals of the Comprehensive Plan and culminates in the replacement of the existing zoning ordinance, in a way that promotes economic vitality and community benefit. He said that the Design Lansing Comprehensive Plan provides the "vision"for the community, zoning codes are the rules and regulations that can put a master plan into practice and FBC's are a newer approach to zoning that can better reinforce desired community character attributes and quality of life objectives. Mr. Kiley said described the differences between conventional zoning and FBC's. He said that conventional zoning has limited building and site design standards whereas, FBC's have an emphasis on building form and the relationship of buildings to the street rights-of-way as public spaces. Brad Strader, MKSK, said that what we heard when we were developing the master plan is that the major commercial corridors are horrible but there are some great neighborhoods behind them. Therefore, the intent is to preserve neighborhoods and transform the corridors. He said that the benefits of a FBCV from a community perspective are: • Preventing undesirable development, or construction that is out of character with existing context • Better assisting in achieving a specific vision (i.e. Master Plan) • More effective at transforming a site or district • More adequately protecting neighboring properties than conventional zoning • Easier to understand (more graphic)with more predictable results. Mr. Strader said that the benefits of a FBC from a developer perspective: • Speedier development review • Allowing denser urban environments where appropriate • Allowing changes in use without rezoning or variances • Predictable; provides certainty, which can help secure financing • Design conversations get out of the way before projects are submitted for review (its already established!) Mr. Strader said that FBC's support economic development and to that end, the Michigan Economic Development Corporation (MEDC), through its Redevelopment Ready Community program, assists Michigan cities with development of form-based codes to help stimulate desired redevelopment in urban areas. He said that MEDC generously provided financial support for the downtown districts portion of Lansing Form-Based Code. Mr. Strader said that Lansing will be the largest City in Michigan to have a citywide FBC. Bob Doyle, Smith Group JJR, explained how the FBC is divided into transect zones which are comprised of three main components: district, building types, and street types. The district regulations identify allowable uses and site and building placement requirements. Mr. Doyle reviewed the various districts and street typologies. He said that the street typologies were developed by the master plan based on a desire to create an appropriate balance of activity and mix of land uses in relation to the type of street and modes of travel emphasized. Planning Board Minutes May 2, 2017 Page 3 Mr. Doyle reviewed the structure of the FBC which includes general provisions, landscaping, parking, site plan review standards, nonconformities, administration, enforcement and penalties. Mr. Doyle stated that the general provisions include regulations on fences, accessory structures, telecommunication towers, waste receptacles, household pets and home occupations. Mr. Doyle explained how to use the FBC. He said that the first step is to identify the zoning district in which the property is located, determine what uses are permitted under that district and review the site layout requirements (setbacks, parking, building massing, etc.). He said that the second step is to determine the street typology which will determine the applicable building types. The third step is to review the building design standards (building height, frontage types, window area minimums, roof types, primary/secondary materials, etc.). Mr. Doyle showed examples of the various building types. He also showed examples of how the district chapters are structured. Mr. Doyle stated that the primary benefits of a FBC are: Wider array of uses permitted with more emphasis on the building types and site design (form) Better aligns design with the type of street the site fronts, resulting in increases density along underutilized corridors (along with property value, return on investment, and tax base) Provides for the"missing middle" of the housing market Supports transportation choices and welcomes pedestrians Creates incentives—more flexibility allowed when the applicant provide certain public benefits/higher design etc. Mr. Doyle said that zoning ordinances regulate the uses and form of development within a municipality by assigning properties to distinct zones. Conventional zoning emphasizes the regulation of land uses, stipulating which uses are permitted in which zones. He said that conventional zoning is typically based on separating uses, and while conventional zoning tightly controls allowed uses, it provides minimal control on the design and form of development, generally only addressing setback minimums and building height restrictions. Mr. Doyle said that a form- based code (FBC) is a newer zoning approach that focuses more on a building's form, appearance, and relationship to the street and nearby properties. Form- based codes emphasize the look and feel of development, in an effort to be sensitive to the surrounding context, rather than focusing heavily on allowed uses. In other words, form-based codes allow for a greater diversity and mixing of land uses, while maintaining a desired character and feel. Mr. Doyle said that a form-based code (FBC) is a zoning approach that focuses more on a building's form and appearance, and less on its use. Conventional zoning emphasizes which land uses are permitted in which locations, often calling for the separation of uses. It gives limited direction on the design and form of development, generally addressing only building setback minimums, and height and density maximums. By contrast, form-based zoning focuses on what the Planning Board Minutes May 2, 2017 Page 4 desired look, feel and character of a place should be. It addresses the relationship between buildings and the street, the form and mass of buildings in relationship to one another, the pattern of blocks and streets and the location and type of public spaces. Mr. Ruige asked about"snout houses" and utility boxes. Ms. Stachowiak said that the way the FBC is written right now, snout houses would not be permitted. She also said that utility boxes would not be regulated as they are essential and take the place of overhead wires. She said that staff is requesting a recommendation from the Planning Board for approval of the FBC. Mr. Ruge said that it is a lengthy document and admittedly he has not reviewed the entire document but he is beginning to understand it better. Mr. Strader said that the team is continuing to work out some of the technical details of the FBC and it will likely need to be amended in a year or so after staff has had a chance to work with it. Ms. Henry asked about the process for amending the ordinance. She also asked how the FBC will affect the Planning Board. Ms. Stachowiak said that it is the same process as a rezoning. It requires that the Planning Board hold a public hearing before making a recommendation to the City Council. The Council must then hold its own public hearing before taking final action on the ordinance amendments. She also said that the Planning Board's functions will remain the same. Mr. Ruge asked if new roads will have to be built to the new standards. Mr. Strader said that the FBC does not regulate street design standards. He said that the CATA "Shaping the Avenue" project is the first step in developing street design standards. Ms. Henry said that she is impressed with how the FBC is structures and she would be comfortable moving it forward as long as it is understood that any substantive change to the FBC draft, would need to be reviewed by the Planning Board. Mr. Hovey agreed with Ms. Henry and said that he is prepared to make a motion to that affect. Mr. Hovey made a motion, seconded by Ms. Henry to recommend approval of the Form-Based Code with the condition any substantive changes to the draft Code must be reviewed and approved by the Planning Board. On a voice vote, the motion carried unanimously (4-0). 2. Shaping the Avenue Elizabeth Hude, CATA, said that she is an assistant planner with CATA and has been working on "Shaping the Avenue" which is a multi-jurisdictional initiative Planning Board Minutes May 2, 2017 Page 5 to develop land use and street design regulations along the Michigan/Grand River Avenue corridor from the Capitol to Meridian Township. The initiative will shape private and public and development to create a unique but complementary collection of places. Ms. Hude said that the Avenue will be a place defined by the individual character and vision of its neighborhoods. She said that Shaping the Avenue is designed to inspire economic development along the Avenue that will support existing and new businesses, institutions and neighborhoods while strengthening community character. A Technical Committee comprised of public- and private-sector representatives from each of the communities guides the initiative. Ms. Hude said that the plan will include design standards by the street types defined in the Master Plan. She said that they will also look at the Downtown Lansing Design Committee's standards. 2. Ms. Hude said that Lansing is enthused about this being an opportunity to develop "Complete Street" ROW design standards for the CATA corridor to help promote desired redevelopment. The design standards could also be applied by the city elsewhere. Ms. Hude said that the design elements will include: • Minimum lane widths • 5 foot bike lanes with 2 foot buffer zones • Design standards if there is both on-street parking and bike lanes • Parallel parking space dimensions • Barrier free on-street spaces • Possibly allowing for reverse angled parking • Possibly allowing for use of a parking space for a parklet • Possibly allowing use of bumpouts for outdoor dining • Allow use of left over space for bicycle or motorcycle parking • Include crosswalk types • Show ADA ramps or just reference them • Intersection curb radii = preferred, min, allowance for flush curbs • Access spacing and design standards (radii and width?) Ms. Hude said that the streetscape standards will include: • Minimum sidewalk width • Curb lawn standards • Street trees—specific types, design • LID standards • Awnings and overhangs • Sandwich board signs • Outdoor dining standards • Lighting (use or refer to the Board of Water and Light specs) • Wayfinding • Materials • Street furniture • Encroachments/easements Mr. Strader said that the eventual document does not require a public hearing nor adoption by the Planning Board or City Council, however, an informational presentation or briefing to the Planning Board is anticipated. He said that the City Planning Board Minutes May 2, 2017 Page 6 anticipates a reconstruction of Michigan Ave in 2019/2020. Early input on the future ROW redesign shows a sequence of Design Lansing, the Capitol Vision, Lansing Form-Based Code all supporting this as another step toward implementation of the vision. Mr. Strader said that City preference is to have early community input such as a charrette style workshop or visual preference survey for input on the street ROW design elements = sidewalks, crossings, street trees, lighting, outdoor cafes, types of bike facilities, bike parking options, etc. The City would like to include transit supportive design elements such as "super stops" or enhanced bus shelters (warming stations, snow melters, real-time information, etc.). The plan could show alternative cross sections or examples such as on- street parking vs. buffered bike lanes, perhaps more narrow lane widths, and longer range dedicated transit lanes. It could also show what could be added if a developer would increase setbacks to provide more public space. For the one- way streets, options for two-way should be included. There could be different design concepts or alternatives for different"districts" along Michigan Ave, such as a few blocks that might be more targeted for outdoor dining, less on-street parking. Mr. Strader said that a public event in early June was discussed, possibly at two locations, one downtown (Impression 5 or Beer Grotto) and one on the eastern segment (Allen Marketplace). The preference is to hold it some place "fun". On- line participation could also be allowed for those unable to attend. Mr. Hovey asked how this plan relates to the Bus Rapid Transit plan. Ms. Hude said that it is totally separate. 8. REPORT FROM PLANNING MANAGER— None 9. COMMENTS FROM THE CHAIRPERSON Mr. Ruge said that there was an article in the City Pulse regarding medical marijuana dispensaries. He said that the article indicated that there are 62 dispensaries in the City and only a few of them would be permitted once an ordinance is adopted. 10. COMMENTS FROM BOARD MEMBERS Mr. Henry said that there is still a school bus on a property near the Chestnut/Ionia intersection that is sinking into the ground. Mr. Hovey said that he is the spokesperson for the Coalition to Regulate Marijuana Like Alcohol which is seeking to legalize recreational marijuana in Michigan and hoping to have the initiative on the ballot in 2018.. He said that the law would be separate from the state medical marijuana law and will not change the existing medical marijuana law and nor will it impact a City ordinance regulating medical marijuana businesses. He said that the proposal would allow adults over the age of 21 to possess and use marijuana. It would tax sales and create a state system to license and regulate growers, processors, testing facilities, distributors and retailers. He said that the tax revenue would go to the counties, local municipalities and K-12 schools. 11. ADJOURNMENT— Mr. Ruge adjourned the meeting at 7:53 p.m. S 1 Special Meeting ti G LANSING PLANNING BOARD April 18, 2017 6:30 p.m., Conference Room Neighborhood Empowerment Center �� 600 W. Maple Street c a I G MINUTES 1. OPENING SESSION Mr. Ruge called the meeting to order at 6:30 p.m. a. Present: John Ruge, Josh Hovey, Tony Cox, Alisande Henry& Councilmember Judi Brown Clarke b. Absent: Lynne Martinez& Marta Cerna C. Staff: Bill Rieske & Susan Stachowiak Mr. Hovey made a motion, seconded by Mr. Cox to grant excused absences for Ms. Cerna and Ms. Martinez. On a voice vote, the motion carried (4-0). 2. APPROVAL OF AGENDA- Mr. Ruge approved the agenda by unanimous consent. 3. COMMUNICATIONS - None 4. HEARINGS- None 5. COMMENTS FROM THE AUDIENCE 6. RECESS— None. 7. BUSINESS A. Consent Items 1. Minutes for approval: March 7, 2017—Approved as written B. Discussion/Action 1. Capital Improvements Program Angela Bennett, City of Lansing Finance Director reviewed the proposed capital improvements plans for fiscal year 2017/2018 which runs from July 1, 2017 to June 30, 2018. The plan will be submitted to the City Council as part of the budget proceedings. She said the budget must be approved by May 15, 2017. Ms. Bennett said that there are $400,000 worth of ongoing facility needs and $285,000 of technology needs. She said that this includes the first phase of replacing the self-contained breathing apparatus and Scott tanks ($100,000) as well as turn maintenance equipment for the newly installed field turf at the ballpark. Planning Board Minutes April 18, 2017 Page 2 Ms. Bennett said that the Planning & Neighborhood Development needs are almost exclusively devoted to the parking system, and the renovation of the N. Grand Parking Ramp in particular. She said that with regard to Parks, the plan is for mostly for maintenance costs but does include a new event patio and canopy for Groesbeck Course Park. Ms. Bennett said that there is a possibility of a ballot initiative for sidewalk improvements in the fall. She said that there have been a lot of cuts at the state level but sidewalk repair, replacement and installation is a significant need. Ms. Bennett said that it would be a sidewalk/road voter backed financing for 6 years but could be renewed at the end of the time. This would be for approximately $11 million in sidewalks and road improvements, funded by debt proceeds and backed by a voter-approved 1.0 dedicated millage, outside of the City's operating levy, for additional sidewalk and road funding. Ms. Bennett said that it would cost the average taxpayer about$50.00 per year. Mr. Ruge asked why the money would be borrowed when it would still be paid off in 6 years. Ms. Bennett said that it would exceed the City's millage cap of 20 mils as it is already at 19.44 mils. Mr. Hovey asked about the status of the City's surplus. Ms. Bennett said that it is $500,000 for the next fiscal year which will bring us very close to our target of 12% of the total operating budget. Ms. Henry asked if the City has obtained public input for the plan. Ms. Bennett said that it is done by obtaining input and recommendations from the various citizen advisory groups such as the Parks Board and the Planning Board. She said that a lot of the Public Service needs are federal mandates and the technology needs generally come from the departments. Ms. Henry made a motion, seconded by Mr. Cox to recommend approval of the Fiscal Year 2017-2018 Capital Improvements Plan. On a voice vote (4-0), the motion carried unanimously. 2. Z-2-2017, 5025 S. Pennsylvania Avenue, Rezoning to "F" Commercial Ms. Stachowiak stated that this is a request by the Gamut Group, LLC to rezone the property at 5025 S. Pennsylvania Avenue from "E-2" Local Shopping & "J" Parking Districts to "F" Commercial District. The purpose of the rezoning is to permit a commercial retail establishment (medical marijuana dispensary) on the subject property. Ms. Stachowiak said that since the property at the other 3 corners of the Pennsylvania/Jolly intersection are already zoned "F" Commercial, it is unclear as to why the subject property is zoned "E-2" Local Shopping district. Given the surrounding zoning patter, the request will not result in a "spot zone", which is typically considered to be an unacceptable planning practice. She said that the rezoning will actually eliminate a spot zone as the subject property is the only one in the area zoned "E-2" Local Shopping. Planning Board Minutes April 18, 2017 Page 3 Ms. Stachowiak said that the applicant is requesting the rezoning for the purpose of permitting the existing medical marijuana dispensary at 5025 S. Pennsylvania Avenue, once the new ordinance gets adopted. She said that the City is still in the process of developing an ordinance to regulate such facilities. The subject property is not located within 1000 feet of any churches, schools, parks, child care centers or any other uses that may disqualify it from being used as a dispensary based on the ordinance drafts that have been considered thus far, except that the proposed ordinance would not permit dispensaries in the "E-2" district but would allow them in the "F" district. Ms. Stachowiak said that the existing medical marijuana dispensary at 5025 S. Pennsylvania was established before the moratorium went into effect and at a time when they were being permitted in any zoning district that allows retail use. Therefore, it is not illegal at this time but would become so under the proposed ordinance draft if the rezoning is not approved. Ms. Stachowiak said that staff is recommending approval of the rezoning based upon its consistency with the surrounding zoning and land use patters. She said that it is also consistent with the future land use pattern being advanced in the master plan. She also said that denying the applicants request for"F" Commercial zoning would deprive the applicant of land use rights that are already afforded to the property owners at all other 3 corners of the S. Pennsylvania/E. Jolly Road intersection. The public hearing was held on April 4, 2017, at which no comments were received. A quorum was not present for this meeting. Mr. Ruge asked why the proposed ordinance would not permit medical marijuana dispensaries in the "E-2" Local Shopping district. Ms. Stachowiak stated that she was not sure. James Stoll, Gamut Group, LLC, stated that at one time, S. Pennsylvania Avenue dead-ended at Jolly Road and once it was extended to the south, Jolly Road became the line between the heavy commercial uses and the office/residential uses. He said that the site was originally developed as a gas station and the "E-2"district was the appropriate zoning for that use. Mr. Hovey said that he is supportive of the request as it just makes sense from a planning perspective. He said that regardless of the medical marijuana facility, the rezoning should be approved for the reasons stated in the staff report. Mr. Cox agreed. Mr. Hovey made a motion, seconded by Mr. Cox to recommend approval of Z-2-2017, a request to rezone the property at 5025 S. Pennsylvania Avenue from "E-2" Local Shopping district to "F" Commercial district. On a voice vote (4-0), the motion carried unanimously. Planning Board Minutes April 18, 2017 Page 4 3. Z-3-2017, 3512 S. ML King, Rezoning to "H" Light Industrial Ms. Stachowiak stated that this is a request by MLK Storage Center, LLC to rezone the area of the property at 3512 S. ML King that is currently zoned "J" Parking district and a 70 foot x 370 foot section of the property that is currently zoned "F" Commercial to "H" Light Industrial. The purpose of the rezoning is to permit storage facilities on the subject property. Ms. Stachowiak said that this rezoning request involves the areas of the site currently zoned "J" Parking and an area of the site currently zoned "F" Commercial at the northwest corner of the property that measures approximately 70 feet wide from north to south and 370 feet wide from east to west. The area of the site that connects to W. Holmes Road will remain zoned "F" Commercial in order to preserve the frontage for commercial rather than industrial land use. The building on the subject property is within area of the site that is already zoned "H" Light Industrial and is in the process of being renovated for self-storage. The purpose of the rezoning is to permit drive-up storage on the area of the site west of the existing building. This includes 67 covered car/RV/boat storage spaces, 32 parking spaces along the north property line and 5 enclosed storage buildings. Ms. Stachowiak said that the the site adjoins a single family residential neighborhood to the south and a multiple family residential complex to the west. The new development will be required to install a landscape buffers strip, at least 8 feet in width, along all property lines that adjoin residential uses. This will mitigate any potential negative impacts from the development in terms of light glare, noise and unsightly conditions. In terms of general compatibility with the surrounding residential neighborhoods, the proposed self-storage development is one of the most desirable uses for the subject property since such uses typically produce very little activity/traffic. Ms. Stachowiak said that the subject property was originally developed as a vehicle dealership (Metro Ford). As was the custom at that time, the building was zoned for the use and the remainder of the site was zoned strictly for parking. She said that the site has not been used as a dealership for some time and the current zoning makes reuse of the site difficult as a large portion of it can only be used for parking. Ms. Stachowiak said that the proposed rezoning allows for use of the entire site subject to the standard Zoning Ordinance controls such as setback, parking, landscape, screening and buffering requirements. Ms. Stachowiak said that staff is recommending approval of the rezoning based upon its consistency with the surrounding zoning and land use patters. She said that it is also consistent with the future land use pattern being advanced in the master plan. Ms. Stachowiak said that the proposed self-storage development will have less of an impact on the adjoining residential properties as most commercial uses as such facilities typically do not generate a high level of activity. The public hearing was held on April 4, 2017, at which the applicant's representative, Todd Clark, spoke in favor of the rezoning and no other comments were received. A quorum was not present for this meeting. Mr. Cox said that he is pleased with what the applicant has done with the property so far. He said that it has been a great improvements and he is supportive of the rezoning so that the applicant can move forward with the remainder of the project. Planning Board Minutes April 18, 2017 Page 5 Mr. Ruge asked about buffering for the site. He said that there is a lot of mature existing vegetation on the site to the west except for one area where it seems to be open. Ms. Stachowiak said that the site plan acknowledges that an 8 foot landscape buffer will be required along the south, east and west property lines. Mr. Cox asked the applicant what his plans are for the property along Holmes Street. Todd Clark, MSSS Development, stated that the area along Holmes Road may become a storm water detention area. He said that they initially intended to develop that area for commercial purposes but there is already 1'000's of square feet of vacant commercial space to the north. Mr. Ruge said that most detention ponds have a chain-link fence around them which is not very attractive. Mr. Clark said that chain-link fences do not convey a good sense of security and therefore, they are looking at a wrought-iron or aluminum picket fence, not only around the pond but around the storage area as well. He said that it secures the area and keeps the debris out. Mr. Clark said that they are investing a lot of money into the site and want it to look nice. Ms. Brown Clarke said that the car storage is something that is needed in the area. Mr. Hovey made a motion, seconded by Ms. Henry to recommend approval of Z-3-2017, a request to rezone the area of the property at 3512 S. ML King that is currently zoned "J" Parking district and a 70 foot x 370 foot section of the property that is currently zoned "F" Commercial to "H" Light Industrial. On a voice vote (4-0), the motion carried unanimously. 4. SLU-1-2017, 700 E. Oakland Avenue, Special Land Use Permit for Residential Use in the "I" Heavy Industrial District. Ms. Stachowiak said that this is a request by Summit Street Development, LLC to construct up to 522 residential units on the property bounded by Oakland Avenue to the north, May Street to the south, Prudden Street to the east and the former railroad right-of-way to the west. Residential land use is permitted in the "1" Heavy Industrial district, which is the designation of the subject property, if a Special Land Use permit is approved by the Lansing City Council. Ms. Stachowiak said that the subject property is located between May Street to the south and Oakland Avenue to the north on the west side of Prudden Street. The applicant is seeking a special land use permit to allow the construction of up to 522 residential units on a site that includes 4 parcels of land totaling 6.22 acres. The apartments will be a mix of 1, 2 and 3 bedroom units. She said that the buildings will be limited to 10 stories in height and adequate parking will have to be provided. Planning Board Minutes April 18, 2017 Page 6 Ms. Stachowiak said that residential development is the most appropriate use of the subject property, given the land use pattern already established in the area. The property south of May Street is an office building and the parcel to its south is a former industrial building that was converted to apartments in the 1990's. Both of these parcels are zoned "I" Heavy Industrial. To the southwest of the subject property is a more recent residential development that is also zoned "I" Heavy Industrial. Ms. Stachowiak said that special land use permits were granted by the City to allow both of these residential developments. She said that if the site were to be used for one of the heavy industrial permitted by right under the current zoning, it would have more of an impact on the essential character of the area than the residential development being proposed. Ms. Stachowiak said that staff is recommending approval of the request. She said that the applicant's proposal is consistent with the Mixed-Use Corner: Edge master plan designation which promotes residential development with density of 20-100 dwelling units per acre in buildings up to 10 stories. Ms. Stachowiak said that the applicant may need to seek variances form the Board of Zoning Appeals for density and parking. The public hearing was held on April 4, 2017, at which the applicant's representative, Steve Purchase, spoke in favor of the rezoning, 2 area business owners (John & Sandra Fisher, F.R.W. Inc., 618 Sheridon Street) asked questions about the proposal, one area resident (Wendy Stead, 820 May Street) and one other person (Dave Boda) expressed concerns about the request and no other comments were received. A quorum was not present for this meeting. Mr. Hovey asked what the detention requirements are going to be for the site. Ms. Stachowiak said that she is not exactly sure but the site is almost 100% impervious right now. Mr. Ruge said that there is a nice parking lot there right now but he is concerned about the lack of green space that will be accommodated with the new development. Ms. Stachowiak said that the only landscaping that would be required would be along the Prudden Street road frontage. She said that they are going to need all the space they can get to accommodate their parking needs. Steve Purchase, Summit Street Development, LLC, 700 May Street, said that they specialize in historic development. He said that they still intend to do some modular development with some mass timber elements. Mr. Purchase stated that there will be first floor parking underneath the building(s) with green walls around it and some solar carports. He said that Motor Wheel lofts are the highest end apartments in the City and the new apartments will be of the same H, Inc. quality. Mr. Purchase said that they are sensitive to green space but have not finalized the building configurations yet. Mr. Ruge said that they are doubling the residential capacity of the area but not providing any commercial conveniences such as a barber shop, convenience store or coffee shop. Planning Board Minutes April 18, 2017 Page 7 Mr. Purchase said that they intend to provide some direct tenant amenities such as work-out facilities but there does not seem to be a market for a mixed use development in the area. Ms. Brown Clark said that grocers are starting to deliver to its customers which reduces the need for convenience stores. She asked about flooding under the Oakland viaduct. Mr. Purchase said that the flooding is due to the pump station being overwhelmed during heaving rain events rather than run-off from their property. He said that they have really cleaned up the hill in that area and have made it look much better. Mr. Hovey made a motion, seconded by Ms. Henry to recommend approval of SLU-1-2017, a request to permit the development of the property bounded by Oakland Avenue to the north, May Street to the south, Prudden Street to the east and the former railroad right-of-way to the west, for multiple family residential use to the density permitted under the "DM-4" district, unless a variance to the allowable density is permitted by the Board of Zoning Appeals. On a voice vote (4-0), the motion carried unanimously. 5. Central United Methodist Church Historic District Study Committee Report Mr. Rieske said that the Central United Methodist Church Historic District Study Committee was established by the Lansing City Council Resolution#2016-277 on December 12, 2016, pursuant to Chapter 1220 of the Lansing Code of Ordinances with the powers and duties thereunder to conduct studies and make reports and recommendations regarding the Central United Methodist Church at 215 North Capitol Avenue in Lansing. Mr. Rieske said that the boundary of the proposed district includes the original building, constructed in 1888-89; the Temple House, completed in 1921; and the Mary-Sabina Chapel, completed in 1942. See attached maps. Mr. Rieske said that Central United Methodist Church originated with a Methodist class established in Lansing's middle village in 1850. The present church building was constructed in 1889-1890 to replace a brick church built in 1862; it is a massive, low, Ionia-sandstone structure with a Late Victorian sanctuary trimmed in red oak. Designed by Elijah E. Myers, the architect of the Michigan State Capitol, Central United Methodist is, along with the First Baptist Church, one of the finest Richardsonian Romanesque churches in Michigan's lower peninsula outside of Detroit. Mr. Rieske said that the purpose of the historic designation is to protect the building going forward. He said that the HDC met on April 17`h and recommended that the historic district be approved. With the Planning Board's recommendation for approval as well, the request will be forwarded to the City Council for adoption of the ordinance establishing the district. Mr. Cox said that if this helps protect the historic significance of the building moving forward, he is supportive of the request. Planning Board Minutes April 18, 2017 Page 8 Mr. Cox made a motion, seconded by Ms. Henry to recommend approval of the proposed ordinance establishing the Central United Methodist Historic District at 215 N. Capitol Avenue. On a voice vote (4-0), the motion carried unanimously. 8. REPORT FROM PLANNING MANAGER - None 9. COMMENTS FROM THE CHAIRPERSON - None 10. COMMENTS FROM BOARD MEMBERS - None 11. ADJOURNMENT—Mr. Ruge adjourned the meeting at 7:38 p.m. 14 S I Regular Meeting ti G LANSING PLANNING BOARD March 7, 2017 N. 6:30 p.m., Conference Room Neighborhood Empowerment Center 600 W. Maple Street MINUTES 1. OPENING SESSION Mr. Ruge called the meeting to order at 6:35 p.m. a. Present: John Ruge, Josh Hovey, Beth Graham, Lynne Martinez, Alisande Henry, Marta Cerna & Councilmembers Judi Brown Clarke &Jody Washington b. Absent: Tony Cox C. Staff: Bill Rieske & Susan Stachowiak 2. APPROVAL OF AGENDA- Mr. Ruge approved the agenda by unanimous consent. 3. COMMUNICATIONS - None 4. HEARINGS- None 5. COMMENTS FROM THE AUDIENCE Charles Taylor, 2307 Coolidge Street, asked what the "G-2"Wholesale district permits. Ms. Stachowiak said that the primary differences between the "G-2"Wholesale district and the "F" Commercial district is that "G-2" allows storage and warehousing facilities and does not allow residential land use. Ray Feldpausch, 2136 Coolidge Street, asked about screening the development from the neighborhood to the east. Ms. Stachowiak said that the Zoning Ordinance will require a buffer that consists of an opaque fence, dense evergreen trees/shrubs, a wall, berm or any combination thereof to provide a screen buffer to a height of at least 6 feet. Mr. Ruge asked about the required building setbacks from the east property line. Ms. Stachowiak said that there is a 15 foot building setback in the "G-2"Wholesale district. Dennis Benjamin, 2319 N. Grand River Avenue, expressed concerns about traffic. He said that while the bowling alley did draw a lot of traffic, it was sporadic and did not let out all at once. Mr. Benjamin said that there is already a traffic problem in the area caused by Peckham and any new development will only compound the problem. He said that there needs to be some traffic controls in place, including prohibiting driveways on the Logan Access Street Ms. Stachowiak said that development of the site will have to go through the City's administrative site plan review process. One of the City departments that reviews site plans is Transportation Planning Board Minutes March 7, 2017 Page 2 which will determine the approximate number of trips that the development will generate and how best to handle the traffic in terms of driveway locations, stop signs, lights, etc. Paul Genitlozzi, 3GT Racing, LLC, 3400 West Road, East Lansing, stated that he is willing to reserve a 30 foot strip of land along the east property line. He showed the Board a plan for an office building at the northwest corner of the site. Mr. Gentilozzi said that he is willing to agree to a conditional rezoning that would require a 30 foot building setback from the east property line and would prohibit use the 30 foot strip for a driveway to provide access around a building. 6. RECESS—None. 7. BUSINESS A. Consent Items 1. Minutes for approval: February 7, 2017—Approved as written B. Discussion/Action 1. Z-9-2016, Rezoning -2122 N. ML King &the vacant parcels at the southeast and southwest corners of N. Grand River Avenue and Logan Access Street Ms. Stachowiak said that the original proposal was to rezone all three parcels that are the subject of this request to "H" Light Industrial. She said that since this matter was discussed at the January meeting, she has met with the applicant and he has revised his request. The new rezoning proposal is to rezone the frontage along the Logan Access Street and Grand River to "F" Commercial, rezone the west, approximately one-half of the property that includes the bowling alley and parking lot, to the "H" Light Industrial district and the remainder of the property which is the east approximately one-half of the site to the"G-2"Wholesale district. Ms. Stachowiak said that it was felt that the "G-2" Wholesale district would allow for reasonable development of the site, while protecting the quality of life for the residents of the adjoining neighborhood to the east. Mr. Hovey said that the City's Transportation engineers will ensure that traffic from the site is properly managed. He said that he is supportive of the revised proposal. Ms. Martinez thanked Mr. Gentilozzi for offering conditions relative to preserving green space along the east property line. She said that, with the conditions, she is able to support the revised rezoning request. Ms. Graham made a motion, seconded by Mr. Hovey to recommend approval of Z-9-2016 to rezone the properties at 2122 N. ML King & the vacant parcels at the southeast and southwest corners of N. Grand River Avenue and Logan Access Street from "A" Residential, "DM-4" Residential, "CUP" Community Unit Plan, "E-1" Apartment Shop, "F" Commercial and "J" Parking Districts to "H" Light Industrial, "G-2" Wholesale and "F" Commercial districts, as depicted on the maps included with the staff report, with the condition that a 30 wide foot strip of land along the east property lines of parcels 33-01-01- Planning Board Minutes March 7, 2017 Page 3 05-476-062 & 33-01-01-05-476-122 will remain in a natural state (no structures, pavement or other improvements). On a roll call vote, the motion carried unanimously (6-0). 2. Form-Based Code Mr. Rieske introduced Bob Doyle, the consultant that was hired by City to develop the Form-Based Code (FBC). He said that the FBC will replace the current Zoning Ordinance in its entirety and is the primary tool that is used to implement the Master Plan. Mr. Rieske said that one of the things that the FBC will do is provide some basic guidelines for building designs to ensure that they fit in with the area in which they are located while still allowing for flexibility so as to not stifle creativity. He said that it will require that exterior walls are covered by a certain percentage of windows and are consistent in mass with surrounding buildings so that we do not end up with another situation like we have with the Niowave pole barn. Bob Doyle, Smith Group JJR, said that the Design Lansing Comprehensive Plan established future land use patterns, in accordance with the vision and goals of the community, which will bolster the sense of place and prosperity of the City. These future land use recommendations set the stage for updating the existing and conventional zoning ordinance, as required by the Michigan Zoning Enabling Act (P.A. 110 of 2006), into a modern form-based code. Mr. Doyle said that this update will enable better development practices that will strengthen the diversity and vibrancy of the community. Mr. Doyle said that zoning ordinances regulate the uses and form of development within a municipality by assigning properties to distinct zones. Conventional zoning emphasizes the regulation of land uses, stipulating which uses are permitted in which zones. He said that conventional zoning is typically based on separating uses, and while conventional zoning tightly controls allowed uses, it provides minimal control on the design and form of development, generally only addressing setback minimums and building height restrictions. Mr. Doyle said that a form- based code (FBC) is a newer zoning approach that focuses more on a building's form, appearance, and relationship to the street and nearby properties. Form- based codes emphasize the look and feel of development, in an effort to be sensitive to the surrounding context, rather than focusing heavily on allowed uses. In other words, form-based codes allow for a greater diversity and mixing of land uses, while maintaining a desired character and feel. Mr. Doyle said that transitioning to a form-based code, as recommended by the Design Lansing Comprehensive Plan, will accomplish the following: * Realize the vision of the Design Lansing Comprehensive Plan and pursue placemaking; * Support mixed-use development patterns that encourage private development, investment, and economic diversity while providing greater flexibility in allowed uses; * Create more accessible, pedestrian-oriented, and transit-supportive development practices that provides greater choices in housing and mobility options; Planning Board Minutes March 7, 2017 Page 4 Protect neighborhoods by better managing transitions between zones while strengthening community character and its unique sense of place; Build a more sustainable and healthy community, economy, and environment. Mr. Doyle said that Lansing's form-based code will encourage mixed-use development practices throughout the commercially focused areas of the city. Differences between established mixed-use zones relates to the scale and intensity of development and the associated building height, massing, and location relative to the street. These characteristics, among other key attributes, intend to create a more vibrant and active city. Mr. Doyle said that a form-based code (FBC) is a zoning approach that focuses more on a building's form and appearance, and less on its use. Conventional zoning emphasizes which land uses are permitted in which locations, often calling for the separation of uses. It gives limited direction on the design and form of development, generally addressing only building setback minimums, and height and density maximums. By contrast, form-based zoning focuses on what the desired look, feel and character of a place should be. It addresses the relationship between buildings and the street, the form and mass of buildings in relationship to one another, the pattern of blocks and streets and the location and type of public spaces. Mr. Doyle explained how each zoning district is structured in the ordinance. He said that the zoning designation will point to the applicable district regulations, which identify the allowable uses and site and building placement requirements. Mr. Doyle said that these districts are described in Chapters 1243-1245 and are illustrated by colors on the Zoning Map. He stated that each district includes: 1. Text that describes the intent (the City's objectives) 2. Site layout and design requirements. 3. A list of uses permitted by right, special conditions and special land use permit. Ms. Stachowiak stated that the "General Provisions" chapter of the proposed code regulates fences, pets, satellite dishes, garages, sheds and other things that have the most impact on the City's residents. She said that the Planning Board has recommended prohibiting chain-link fences in all front yards, except for industrially zoned properties. Ms. Stachowiak said that the proposed ordinance will also reduce the amount of required parking spaces as we have found, through experience, that we are requiring too much parking. Councilmembers Jody Washington asked if there has been any feedback from developers about the proposed ordinance as it appears to be very restrictive. Mr. Doyle said that we are not at that point yet as we are still trying to finalize the language. He said that what we heard when we were developing the master plan is that the major commercial corridors are horrible but there are some great neighborhoods behind them. Therefore, the intent is to preserve neighborhoods and transform the corridors. Planning Board Minutes March 7, 2017 Page 5 Ms. Martinez said that from a developer's standpoint, the benefit is that if the development complies with all of the requirements, it is permitted by right and they will not have to go through a bunch of hoops to make it happen. Mr. Doyle said that Michigan is bit behind the times where codes are concerned as most states have already accepted a form based code as a standard way of doing business. He said that one of the benefits will be allowing higher density residential development. Ms. Brown Clarke asked if a change in ownership of a property will result in it having to be brought into compliance with the new standards. Ms. Stachowiak said that ownership has no affect in zoning. She said that what would trigger compliance with the new ordinance standards is something that necessitated a site plan review which is typically adding 1,000 square feet or more of new building area or impervious surface to a site. Mr. Doyle said that the Code will allow for a wide variety of land uses with a focus on building type. He said that it will align the design of the use with the street that the lot fronts. Mr. Doyle showed some of the diagrams in the plan to illustrate what it is intended to accomplish. He said that there is a strong emphasis on creating pedestrian friendly development. Mr. Doyle reviewed the user guide. He said that the residential regulations are very similar to what is in the current zoning ordinance. Mr. Doyle said that the primary focus is on mixed use corridors and industrial uses. Ms. Stachowiak said that there will be a full agenda at the April meeting as we have received several new applications. She suggested that the next discussion about the form based code occur at the May meeting. Mr. Doyle asked the Board members to familiarize themselves with the code so that it can be moved to the next level, working toward adoption. Ms. Stachowiak said that the code will take several months to review with the Council as they will want to review it in detail so that they know what they are approving. She said that the Council committee meets twice each month and they have to fit this in along with its regular business. Mr. Brown Clarke said that there are some large sites that are ripe or will be ripe in the not so distant future for redevelopment. She said that there needs to be a plan in place to determine what the future land use should be. Mr. Rieske said that the form based code is intended to implement the smart growth principles that are the foundation of the City's Master Plan. He said that the code turns the guidelines into requirements so that the force of law behind them. This will allow the City to prevent another Niowave pole barn situation rather than just object to it. Planning Board Minutes March 7, 2017 Page 6 8. REPORT FROM PLANNING MANAGER Ms. Stachowiak said that Yvonne LeFave, owner of Go Green Trikes, spoke at the last meeting about using a small parcel of land on East Street for her operations. She provided the Board members with a map that shows the zoning and development pattern surrounding the subject property. Ms. Stachowiak said that in order for Ms. LeFave to be able to use the lot on East Street for her business, it would need to be rezoned and since the site is surrounded on 3 sites by residential zoning, staff would not be able to support a rezoning. Ms. Stachowiak said that she informed Ms. LeFave of this. Ms. Martinez said that she also informed Ms. LeFave that she had some concerns about putting a business in the middle of a residential block as well. 9. COMMENTS FROM THE CHAIRPERSON Mr. Ruge said that he downloaded an app on his phone that allows him to report code violations to the City, including sending the photographs of the violation that he takes with his phone. 10. COMMENTS FROM BOARD MEMBERS Mr. Henry said that at there has been a school bus on a property near the Sycamore/Ionia intersection that is sinking into the ground. She said that that it is a red house on Sycamore Street between Shiawassee and Ionia Streets Mr. Hovey said that he has prepared a letter, on behalf of the Planning Board, to send to the City Council encouraging them to adopt the urban agricultural ordinance that was recommended for approval by the Planning Board. He asked for the Board's concurrence so that Mr. Ruge, as the Chairman, can sign the letter on behalf of the Planning Board. Mr. Hovey made a motion, seconded by Ms. Martinez to authorize Chairman Ruge to sign the letter dated March 7, 2017, on behalf of the Planning Board, encouraging the City Council to adopt the Urban Agricultural Ordinance as recommended by the Planning Board at its September 6, 2016 meeting. On a voice vote, the motion carried (6-0). Ms. Washington said that the issue is the manner in which this was brought before the City Council. She said that it bypassed the Committee review, had not been evaluated by the law office, etc. Ms. Brown Clarke said that she has a meeting with Joan Nelson on March 8, 2017 to discuss this matter and she intends for it to be on the March 20, 2017 Development & Planning Committee agenda for review and setting of a public hearing. She said that it needs to be made very clear in the ordinance that it is not intended to permit medical marijuana as a "garden" or "farm" since it could be considered food and thus, permitted by the Right to Farm Act. 11. ADJOURNMENT— Mr. Ruge adjourned the meeting at 8:04 p.m. �1 S 1 Regular Meeting ti G LANSING PLANNING BOARD February 7, 2017 6:30 p.m., Conference Room Neighborhood Empowerment Center '-- �, ° 600 W. Maple Street MINUTES 1. OPENING SESSION Mr. Ruge called the meeting to order at 6:42 p.m. a. Present: John Ruge, Josh Hovey, Lynne Martinez, Alisat)iie ffenry and Councilmember Judi Brown-Clarke b. Absent: Tony Cox, Beth Graham & Marta Cerna C. Staff: Susan Stachowiak, Doris Witherspoon & Don Kulhanek Ms. Martinez made a motion, seconded by Ms. Henry to grant excused absences for Ms. Graham and Mr. Cox. On a voice vote (4-0), the motion carried. 2. APPROVAL OF AGENDA - Mr. Ruge approved the agenda by unanimous consent with the removal of the public hearing on the Form-Based Code. 3. COMMUNICATIONS - None 4. HEARINGS a. CDBG Resources - FY 2017 (7/1/17-6/30/18) Proposed Funding Allocations Ms. Witherspoon said that the intent of this public hearing is to provide citizens the opportunity to examine and comment on proposed objectives, goals and projected use of community development fund resources, including the Community Development Block Grant, HOME and Emergency Solutions grant programs, to be included in the City's Annual Action Plan submission for Fiscal Year 2017 (7/1/2017—6/30/2018). Ms. Witherspoon said that entitlement grant awards for FY 2017 have not been announced by HUD as of the date of this publication. Amounts proposed herein for FY 2017 CDBG,HOME and ESG activities are based on prior entitlement awards (approximately 2.6 million dollars). If the grant amounts HUD actually awards to the City of Lansing for CDBG, HOME and ESG are different from the amounts shown above, pro-rata adjustments will be made to the budget amounts proposed for each activity. Ms. Witherspoon said that the primary objective of Lansing's Housing and Community Development Program is the development of a viable community which will provide standard housing in a suitable living environment, principally to benefit low and moderate income persons, preserve and expand existing businesses and industries, and create an atmosphere conducive to stability in neighborhoods. She asked that anyone wishing to speak, state their name and address for the record and the organization, if any, that they are representing. Planning Board Minutes February 7, 2017 Page 2 Tammy Lemmer, Tri-County Office on Aging, 5303 S. Cedar Street, stated that she supports the goals and objectives as written. She expressed concerns about the small amount of funds being designated for homeless assistance and prevention. Ms. Lemmer said that there are a lot of people having to reside in nursing homes because they have nowhere else to go. She said that they are not considered homeless unless designated as such within 90 days prior to entering the nursing home. Ms. Lemmer said that there needs to be additional funding to provide housing for low-moderate income individuals. Seeing no one else wishing to speak, Mr. Ruge closed the public hearing. b. Z-1-2017, 4215 N. Grand River Avenue, Rezoning from "13-1" Professional Office to "F" Commercial District Ms. Stachowiak said that this is a request by First Class, Inc. to rezone the property at 4215 N. Grand River Avenue from "D-V Professional Office District to "F" Commercial District. The purpose of the rezoning is to permit commercial use of the subject property. She said that staff is recommending approval of the request. Ms. Stachowiak said that the adjacent property to the east is already zoned "F" Commercial and therefore, the proposed rezoning will not result in a "spot zone". She stated that from a planning perspective, commercial uses should primarily be concentrated along principal arterials as they are designed to carry the highest volumes of traffic. Office uses, by contrast, which typically do not generate nearly as much traffic as commercial uses, should primarily be concentrated along minor arterials. The proposed rezoning from "D-1" Professional Office to "F" Commercial is therefore, consistent with proper land use planning principles. In addition, Ms. Stachowiak said that the "F" Commercial district is the most appropriate zoning designation to facilitate the "Suburban Commercial' land use development strategy being advanced in Design Lansing Master Plan. Mr. Ruge opened the public hearing. Seeing no one wishing to speak, Mr. Ruge closed the public hearing. Mr. Ruge asked if the rezoning would trigger any landscape requirements. He said that there are residential land uses to the west and south of the subject property. He also asked about storm-water requirements if additional impervious surface is added to the site. Ms. Stachowiak said that the rezoning, by itself, will not trigger any additional landscaping. She said that if the applicant does anything to the property that requires administrative site plan review, the site must be completely brought into compliance with all landscape, screening, buffering and storm water requirements. Ms. Stachowiak started that since there is no room for landscaping along the west property line, a screen fence would be required. 5. COMMENTS FROM THE AUDIENCE Yvonne LeFave, 537 Beech Street, stated that she owns Go Green Trikes and she is beginning to outgrow her existing space. She said that there is a small parcel of land on East Street that is available and would be ideal for her operations, except that it is zoned residential. Ms. LeFave said that she would like to get this property rezoned so that she could build a garage on it for her business. Planning Board Minutes February 7, 2017 Page 3 Ms. Martinez said that Ms. LeFave is a friend of hers but she does have some concerns about putting a business in the middle of a residential block. Mr. Ruge asked Ms. Stachowiak to check this out, speak with Ms. LeFave, and report back to the Board. Brand Johnson, 2875 N Glenn, stated that the State of Michigan allows for 5 different medical marijuana enterprises (dispensaries, cultivation, processing, testing and transport). He asked that the distance requirements that are intended to prevent concentrations of dispensaries not be imposed on the other 4 enterprises. 6. RECESS— None. 7. BUSINESS A. Consent Items 1. Minutes for approval: January 3, 2017 — Approved with the following correction to item 11 on page 6: Change "Ms. Martinez" to "Mr. Ruge" 2. Z-1-2017, 4215 N. Grand River Avenue, Rezoning from "D-1" Professional Office to "F" Commercial District -Approved as requested 3. CDBG Resources - FY 2017 (7/1/17-6/30/18) Proposed Funding Allocations — Approved as recommended with the understanding that pro-rata adjustments will be made to the budge amount proposed for each activity once the actual grant amounts from HUD have been awarded. Planning Board Minutes February 7, 2017 Page 4 B. Old Business 1. Medical Marihuana Ordinance City Attorney, Jim Smiertka, stated that the City Council's Committee on Public Safety has been working on an ordinance to regulate medical marijuana facilities for a few years now. They have listened to many hours of public comment, held many meetings and came up with the current draft 6.a. Once approved, this ordinance would replace Chapter 20 in the Zoning Ordinance that currently regulates medical marijuana facilities in the City. Mr. Smiertka said that at the beginning of October, he issued a letter requesting an additional 60 days to ensure that the ordinance would be consistent with the State law. In the meantime, Ms. Stachowiak provided him with a list of the Planning Board's concerns about the ordinance and the 3 pages contained in the Board's packet are intended to address those concerns. Mr. Smiertka said that they have looked at how other cities are handling medical marijuana and have come up with a new draft. The Planning Board is being provided with that section of the new draft that deals with the zoning aspects as that is the aspect of the ordinance that the Planning Board is charged with reviewing. The Planning Board's recommendation will be forwarded to the Public Safety Committee and eventually, the Council will hold a public hearing before taking action on the final draft Mr. Smiertka said that the State Act itself allow dispensing medical marijuana via caregiver operations. These are allowed in the City as a home occupation. He said that there are 5 types of medical marijuana establishments. These include dispensaries, cultivation, testing, processing and transport. Mr. Smiertka said that the State law has been in effect since December 20, 2016 but no licenses will be issued by the State until December of this year. This will give the Committee that has been appointed at the State level a chance to promulgate the rules governing the licensing of these facilities. Mr. Smiertka said that a license cannot be issued by the City without the State issuing a license. He stated excise taxes will come back to the City as well as other taxing entities from these facilities. Mr. Smiertka said that several changes have been based on the Planning Boards' concerns about the exclusionary aspect of the ordinance. The new draft does not include an distance or separation requirements for any medical marijuana establishment, except dispensaries. The State law requires that grow facilities are limited to properties that are zoned industrial or agricultural. These types of facilities will be permitted in the City in the "H" & "I" Industrial and 'G-2" Wholesale districts. Mr. Smiertka said that in addition, the distance requirements for dispensaries have been reduced from 1,000 to 500 feet for church, child care centers, schools, etc. and to 300 feet from City parks. These distance requirements will be measured in the same manner as liquor licenses rather than "as the crow flies"which reduces the separation areas. Sam Quon, City of Lansing Information Technology Department, said that dispensaries are permitted in all commercial districts, except the "G-1" district. Mr. Quon presented 3 maps. The first map depicts the restricted areas under the original draft 6.a. The draft allowed for 619 parcels completely outside of the restricted areas and 346 parcels that were partially outside of the restricted Planning Board Minutes February 7, 2017 Page 5 areas. The second map shows the restricted areas under the new draft. This allows for 1,288 parcels completely outside and 645 parcels partially outside the restricted areas. The changes, thus, have significantly increased the number of parcels that would allow a dispensary. The third map shows the differences between the 2 maps. Ms. Martinez asked Ms. Stachowiak to email the Board members the new maps that Mr. Quon just presented. Ms. Henry asked if the different enterprises cannot co-locate on the same parcel of land., Mark Dotson, Deputy City Attorney, stated that they may be able to operate in the same facility as long as both enterprises comply with all aspects of the ordinance. Ms. Brown-Clarke asked if a medical marijuana facility will become nonconforming if a church moves in after it is already established. Mr. Smiertka said that if the facility is there first, the church has no effect on it. Ms. Henry asked if there is a list of existing facilities. Mr. Quon replied no. Mr. Hovey thanked the City Attorney' Office for listening to the Planning Board's concerns and making the changes to address those concerns. He asked if the 3 pages that the Board is reviewing will just be a part of draft 6.a. Mr. Smiertka said that there will be an entirely new draft that contains the 3 pages the Board is currently reviewing. He said that this is the only part of the ordinance that the Planning Board is being asked to review and make a recommendation on. Mr. Smiertka said that the remaining changes will involve enhancing the definitions and making sure that the ordinance is consistent with the State law. Mr. Ruge asked about the purpose of buffering medical marijuana facilities from churches, school, parks, etc. when we have no such requirements for pharmacies and liquor establishments. Mr. Smiertka said that it is a matter of public policy. He said that it is similar to the State of Michigan determining that it is good public policy to require that liquor establishments are located at least 500 feet from churches. Mr. Smiertka said that the Public Safety Committee has determined that it is good public policy to require a separate between medical marijuana facilities and certain uses, including churches. He said that there are drug free zones and other state and federal laws dealing with marijuana. Mr. Smierka stated that the City will make it clear to all licensees that by issuing a license, the City is only saying that the facilities complies with City ordinances. The license will include a statement that, by signing the license/application, the licensee acknowledges that the facility/activity may not comply with all federal and state laws and by Planning Board Minutes February 7, 2017 Page 6 issuing the license, the City is not sanctioning or protecting them from prosecution for a violation of state or federal law. It is the risk that the licensee will have to accept. Ms. Martinez said that the ordinance addresses licensing but the licensing will be through the State. Mr. Smiertka said that the State will license the operator, whereas, the City will license the premises. Ms. Martinez said that the ordinance deals with security, sanitation, financial requirements, including cash in the bank, etc. She said that she would like to see the entire ordinance. Ms. Stachowiak said that the only part of the ordinance that is within the Planning Board's purview is the zoning and that is why only that portion of the ordinance has been provided to the Board. She said that the Planning Board is being asked to act on this ordinance at this meeting so that the City can move forward with finalizing the ordinance. Ms. Henry said that she is concerned about the "first come, first serve" method of issuing licenses with respect to the separation requirements from one facility to another Mr. Dotson said that the separation requirement between facilities only applies to dispensaries. Mr. Hovey said that if the product is medicinal, then why is it being regulated as though it were recreational. He said that what is being presented is much better than the previous draft of the ordinance. Ms. Martinez said that if the entire ordinance is not going to be provided to the Board, she will abstain from voting. Mr. Ruge said that a Board member can only abstain if there is a conflict of interest. He also said that the remainder of the ordinance deals with regulation on the operations of medical marijuana facilities rather than the land use aspect which is what the Planning Board is charged with reviewing. Mr. Hovey made a motion, seconded by Ms. Henry to delete "...another medical marijuana provisioning center;..." from the first paragraph on page 26 and to delete the entire second paragraph on page 26. On a voice vote (4-0), the motion carried unanimously. Mr. Ruge said that the City does not require a separation between pharmacies or liquor license establishments. He questioned why medical marijuana facilities have to be separated from each other. Ms. Henry agreed with Mr. Ruge. She said that medical marijuana has been legalized in Michigan and the facilities that dispense it need to be considered legitimate, allowable uses. Ms. Henry said that there should be no shame in Planning Board Minutes February 7, 2017 Page 7 operating or patronizing these facilities. She stated that they should not be looked upon as a seedy type of business and we should not just assume that they are going to be a problem when there is no evidence that they are a problem. Mr. Dotson suggested that some of the Planning Board members come to the Council committee meetings at which the ordinance is being discussed to express their concerns. Ms. Martinez asked Ms. Stachowiak to forward the committee agendas. Mr. Hovey said that there are hundreds of medical marijuana dispensaries in Denver Colorado and they are not even noticeable as being different from any other business. Ms. Martinez asked that the Council consider a sign ordinance amendment to address signs associated with medical marijuana facilities. She said that some of the signs in the City give a negative impression of these businesses. Ms. Brown-Clarke said that the signs referred to on page 25 relate only to processing and transporting facilities. Mr. Hovey made a motion, seconded by Ms. Henry to recommend approval of pages 25, 26 and 27 of the proposed medical marijuana ordinance dated January 31, 2017 with the deletion of "...another medical marijuana provisioning center;..." from the first paragraph on page 26 and the deletion of the entire second paragraph on page 26. On a voice vote (4-0), the motion carried unanimously. C. New Business 1. Design Lansing Plan—5-year Review Ms. Stachowiak said that the Design Lansing Comprehensive Plan, adopted in April, 2012, will soon reach the 5-year mark. She said that Section 45(2) of the Michigan Planning Enabling Act (P.A. 33 of 2008) states that: "At least every 5 years after adoption of a master plan, a planning commission shall review the master plan and determine whether to commence the procedure to amend the master plan or adopt a new master plan. The review and its findings shall be recorded in the minutes of the relevant meeting or meetings of the planning commission." Ms. Stachowiak said that The Design Lansing Comprehensive Plan has functioned well, and implementation is now in process. She said that Mr. Rieske is recommending that the City begin the Comprehensive Plan update after the completion and enactment of the Form—Based Code and "Shaping the Avenue" provisions and a suitable "breaking in" period (e.g. six months). The update should address the City of Lansing's P.A. 425 areas in Alaiedon, Delta, DeWitt, and Meridian Townships, any recommendations to fine-tune the Form- Based Code, and other issues as identified during the course of the update. Planning Board Minutes February 7, 2017 Page 8 Ms. Stachowiak said that it could take till the end of the year to finalize the Form-Based Code because we are going to have to go over it in detail with the City Council. She said that then we will need a chance to work with it for a while so that we know what is working and what needs to be adjusted. Ms. Stachowiak suggested extending the Plan for 2 years. Ms. Martinez made a motion, seconded by Ms. Henry to extend the Design Lansing Comprehensive Plan and to begin the process of updating the Plan in January of 2019. On a voice vote (4-0), the motion carried unanimously. 8. REPORT FROM PLANNING MANAGER— None 9. COMMENTS FROM THE CHAIRPERSON Mr. Ruge said that he attended a forum on placemaking summit in October and one thing that was very evident is that a community has to do it with something that it already has. He said that there was an article in the City Pulse about mid-century modern buildings, which the City has many of, and there is a large exhibit right now at the Michigan History Museum. 10. COMMENTS FROM BOARD MEMBERS Mr. Hovey thanked Ms. Brown-Clarke for attending the Planning Board meetings. He said that in the entire time that he has been on the Board, she is the first Councilmember that has come to the meetings. Ms. Brown-Clarke said that the Planning & Neighborhood Development Committee, which she is now the chair of, really takes into account the Planning Board recommendations. -8 Mr. Hovey asked Ms. Stachowiak to look into a possible violation at the Verlinden & N. Genesee intersection. 11. ADJOURNMENT— Mr. Ruge adjourned the meeting at 8:33 p.m. S I Regular Meeting rN ti G LANSING PLANNING BOARD January 3, 2017 fir; 6:30 p.m., Conference Room ' Neighborhood Empowerment Center art 600 W. Maple Street c MINUTES �., CM 1. OPENING SESSION Mr. Ruge called the meeting to order at 6:35 p.m. a. Present: John Ruge, Josh Hovey, Beth Graham, Lynne Martinez, Alisande Henry & Marta Cerna b. Absent: Tony Cox C. Staff: Bill Rieske & Susan Stachowiak Ms. Graham made a motion, seconded by Ms. Martinez to grant an excused absence for Mr. Cox. On a voice vote (6-0), the motion carried. 2. APPROVAL OF AGENDA- Mr. Ruge approved the agenda by unanimous consent. 3. COMMUNICATIONS - None 4. HEARINGS a. LS-18-2016, Lot Depth Variance, 3209 Felt Street Ms. Stachowiak stated that this is a request by Habitat for Humanity to divide the property at 3209 Felt Street into two separate parcels of land, one of which would be a corner lot. Section 1236.07(c) of the Subdivision Ordinance requires a minimum depth of 100 feet for interior residential lots and a minimum depth of 135 feet for residential corner lots. If approved, both lots would have a depth of 96 feet. Variances to the required lot depth are therefore, being requested. Ms. Stachowiak stated that variances to the subdivision regulations go to the City Council, after review and recommendation by the Planning Board, rather than the Board of Zoning Appeals. Ms. Stachowiak stated that the primary consideration with lot splits is whether the resulting lots will be comparable in size with other lots in the area. The majority of the lots in the vicinity of the subject property are at least 135 feet in depth but have lot widths that are between 45 and 50 feet. In this case, the proposed lots will meet the minimum lot width requirements of 60 feet for interior lots and 75 feet for corner lots. The proposed interior lot will be 60 feet wide by 96 feet deep which is only 4 feet less than the minimum required lot depth. The proposed corner lot will be 75 feet wide by 96 feet deep which is 39 feet less than the required lot depth. Ms. Stachowiak said that the applicant could, as a matter of right, split the parcel at the platted lot lines (Lots 56 & 57 shown on the attached map). This would result in an interior lot that is 46 feet wide by 135 feet deep and a corner lot that is 50 feet wide by 135 feet deep. This allows for a buildable area on the corner lot of 25' x 85 feet and a buildable area on the interior lot of 31' x 85 feet. Corner lots have 2 front yard setback requirements (20 feet from both front property lines). Under the applicants lot split proposal, the corner lot Planning Board Minutes January 3, 2017 Page 2 would have a buildable area of 49' x 46' and the interior lot would have a buildable area of 48'x 46'. Ms. Stachowiak said that staff is recommending approval of the request. She said that the proposed lot split will allow for much better house designs as it is difficult to construct houses that are 25-31 feet wide. Mr. Ruge opened the public hearing. John Nyboer, Habitat for Humanity, 1941 Benjamin, spoke in support of his request. He said that the lot split will allow Habitat for Humanity to build 2 new single family, owner-occupied homes on the subject property. He said that without the lot split variances, they will only be able to construct one house which is not maximizing use of the site. Mr. Nyboer said that the lots and the proposed houses will fit in nicely with the neighborhood. Margaret Welsch, 619 Carrier Street, spoke in support of the request. She said that she grew up in this neighborhood and feels that the proposed houses will fit in nicely. Seeing no one else wishing to speak, Mr. Ruge closed the public hearing. b. Z-9-2016, Rezoning - 2122 N. ML King & the vacant parcels at the southeast and southwest corners of N. Grand River Avenue and Logan Access Street Ms. Stachowiak said that this is a request by 3GT Racing, LLC to rezone the properties at 2122 N. ML King & the vacant parcels at the southeast and southwest corners of N. Grand River Avenue and Logan Access Street from "A" Residential, "DM-4" Residential, "CUP" Community Unit Plan, "E-V Apartment Shop, "F" Commercial and "J" Parking Districts to "H" Light Industrial District. The purpose of the rezoning is to permit light industrial uses on the subject properties. Ms. Stachowiak said that staff is not recommending approval of the request. She said that while there is "H" Light Industrial zoning in the area, the subject property adjoins a residential neighborhood to the east that could be negatively impacted by the effects of industrial operations. Ms. Stachowiak said that the "H" district allows heavy automobile repair, outdoor storage, manufacturing, tool, dye, gauge and machine shops, all of which have the potential to create noise, odors, and unsightly conditions that could have a negative impact on the quality of life for the residents in the neighborhood to the east. She said that she discussed these issues with the applicant and he is willing to consider modifying his request, including a conditional zoning wherein, the uses would be restricted to those that fit in better with the area in which it is located. Ms. Stachowiak asked that this matter be tabled until the next meeting to give her a chance to meet with the applicant and make some changes to the request that everyone can live with. Mr. Ruge opened the public hearing. Paul Genitlozzi, 3GT Racing, LLC, 3400 West Road, East Lansing, stated that he is willing to work with the City to come up with a rezoning proposal that would protect the neighborhood and the surrounding area in general from any negative impacts. He said that he bought the property over a year ago and has 46 years of real estate development experience in Lansing. Mr. Gentilozzi stated that he would not want to do anything that would harm the adjoining neighborhood. He said that he originally Planning Board Minutes January 3, 2017 Page 3 considered a housing development on the subject property, but given the surrounding land uses, it did not seem like an appropriate use. Ms. Martinez asked if Mr. Gentilozzi met with MSHDA regarding housing on the subject property. Mr. Gentilozzi said that he did meet with MSHDA and it was determined that there was enough of a market in the area for new multiple family residential units. Ms. Graham asked about a floodplain on the property. Mr. Gentilozzi said that the floodplain is all located south of the existing bowling alley building. He said that he is considering developing the site for 5-6 smaller buildings that could be used for a variety of different businesses. There would be a road down the middle to provide access to the various buildings. Dennis Benjamin, 2319 N. Grand River, stated that he lives on Grand River and traffic is really heavy in the area, especially when Peckham lets out in the evening. Mr. Ruge said that the City's traffic engineer would determine, during the site plan review process, if any modifications need to be made to the traffic system in the area to accommodate traffic from the proposed development. Charles Taylor, 2307 Coolidge Street, asked if there is a plan for use and development of the property. Ms. Stachowiak said that a specific development plan is not provided as part of a rezoning process as the Board is supposed to consider whether all of the uses that could potentially be established on the property if the rezoning were to be approved would be appropriate given its location. Mr. Ruge said that the applicant has agreed to meet with the City's Planning Office staff to determine what uses would be appropriate for the subject property. He said that the staff's recommendation will come back to the Planning Board for its review and recommendation to the City Council, which has the final authority on rezoning requests. Mr. Ruge said that the Planning Board's primary concern is protecting adjoining properties from any negative effects of a new development. Adam Andries, 2207 Coolidge Street, expressed concerns about the potential impacts of industrial development on the site, including traffic, noise, level of activity, etc. He asked if the neighbors could be involved in developing a plan for future zoning and use of the property. Mr. Ruge said that Ms. Stachowiak will work with the applicant and bring a plan back to the Planning Board for its review. Ms. Stachowiak asked that all of the attendees provide their contact information on the sign-in sheet so that she can provide them with the plan which they can comment on at the next meeting during the "comments from the audience" section of the agenda. Jeff Kennedy, 2109 Riverside Court, stated that industrial is a very broad category and there is a big difference between a warehouse and a drop forge. Planning Board Minutes January 3, 2017 Page 4 Ms. Stachowiak said that a drop forge would not be permitted in the "H" Light Industrial district. Mr. Benjamin asked if the utility lines that run through the property would be buried as this would wipe out a lot of the mature vegetation on the property. Ms. Gentilozzi said that there are no plans to bury the utility lines. Ms. Martinez said that the attendees will have several more opportunities to comment on this proposal both at the Planning Board and the City Council level. She said that the Planning Board is advisory with respect to rezonings. Ms. Stachowiak stated that the City Council has the final decision and they will hold their own public hearing before making a decision. Seeing no one else wishing to speak, Mr. Ruge closed the public hearing. 5. COMMENTS FROM THE AUDIENCE— None 6. RECESS— None. 7. BUSINESS A. Consent Items 1. Minutes for approval: December 6, 2016—Approved as written 2. LS-9-2016, Lot Depth Variance, 3209 Felt Street: Approved as written B. New Business - None C. Old Business 1. Form-Based Code Ms. Stachowiak stated that she wanted to make sure that the Board is ok with certain provisions of the "General Provisions" chapter of the proposed Code that would have the most impact on residents of the City. These include: Page 12, paragraph 1, Prohibiting chain-link fences in all front yards except for industrially zoned properties. Mr. Hovey asked if the existing chain-link fences would be grandfathered in. Ms. Stachowiak said that they would become legally nonconforming which means that they can continue to exist but cannot be replaced and no new ones could be constructed. The Planning Board agreed to leave this in the ordinance. Planning Board Minutes January 3, 2017 Page 5 Page 4, 6'h paragraph — Allowing unenclosed porches, decks, etc. to encroach 8 feet into a required front or rear yard setback and up to 3 feet into a required side yard setback as long as the porch, deck, etc. still has a setback of 3 feet from the side lot line. Mr. Hovey asked how this would work if someone wanted to enclose the porch. Ms. Stachowiak said that a building permit would be required to enclose a porch and she would not be able to approve it unless it met the required setbacks for the house itself. She said that it would be acceptable to have a roof over the structural encroachment so the words "uncovered and" could be removed. The Board agreed to this allowing the porch, deck, patio, etc. encroachments and allowing them to be covered/roofed. Page 11, paragraph (C)(1)(d)(i) — Allowing front yard fences to a height of 4 feet as long as it is at least 50% visually open. Ms. Stachowiak stated that the current ordinance requires that fence over a height of 3 feet in front yards be at least 75% visually open. She said that with picket, wrought-iron or similar fences, 75% openness allows children and pets to get out which makes them virtually useless. The Board agreed to this change. Page 27 — Section 1292.20, Demolition. Ms. Stachowiak said that this section allows the Director of Planning and Neighborhood Development the ability to deny a demolition permit for buildings under certain circumstances. She said that this is primarily intended to prevent office buildings near the downtown from buying adjoining properties to demolish the buildings and create parking lots. Ms. Martinez said that the proposed ordinance allows for the demolition if it is intended to accommodate a development plan that has been approved by the City. She asked what would happen if the structure were to be demolished and the development never occurs. Ms. Stachowiak said that there really isn't any way to prevent that type of situation but she would take a second look at the ordinance to see what can be done. Ms. Henry pointed out that the wording on page 2, paragraph (2)(a) needs to be reworded as it starts off stating that a fence or hedge cannot exceed 6 feet in height but then goes on to allow it under certain circumstances. Ms. Stachowiak stated that the sections regulating parking and non- conformities are still a work in progress and are currently being reviewed by the consultants. She said that the primary changes to the parking section involve allowing porous pavement, subject to approval by the Planning Board Minutes January 3, 2017 Page 6 City engineers, and reducing the amount of parking that is required for most uses. The Board agreed to the following changes to the draft ordinance: Delete (c)(1) on page 5 and to just have one category regulating retail uses. Page 6, item (9), replace "hardware store" with "home improvement store" and create a definition for this use. Remove all requirements that relate to number of employees as that is almost impossible to monitor and regulate. Determine if the requirements for self-storage facilities (page 7, item 22), is appropriate. Ms. Stachowiak said that there will be further discussion on the proposed ordinance at the next Planning Board meeting 8. REPORT FROM PLANNING MANAGER— None 9. COMMENTS FROM THE CHAIRPERSON — None 10. COMMENTS FROM BOARD MEMBERS Ms. Graham stated that she will not be able to attend the February meeting. 11. ADJOURNMENT— Ms. Martinez adjourned the meeting at 7:58 p.m.