Loading...
HomeMy WebLinkAbout2005 Planning Board Minutes Jul-Sept FINAL Approved as written 11-1-05 Draft to Clerk October 17,2005 Approved November 1,2005 To Clerk November 9,2005 Minutes of the Regular Meeting LANSING PLANNING BOARD 7:00 p.m., Tenth Floor, Council Chambers Lansing City Hall Tuesday, September 20, 2005 1. OPENING SESSION The meeting was called to order at 7:00 p.m. by Ms. Bruch, Chair. - - A. Roll call: Present: Bruch, Ruge, Cordill, Czekai, Hollister. ra B. Staff Attending: Stachowiak. C. Excused absences: Frederick. D. Absent: None. 2. APPROVAL OF AGENDA Mr. Ruge added Contract Zoning under New Business. Ms. Stachowiak added the extension of the approval for PRD-4-2003 under Zoning and Ordinance Committee. Mr. Czekai made a motion, seconded by Mr. Hollister to approve the agenda as amended. On a voice vote, the motion carried unanimously (5-0). 3. COMMUNICATIONS — None. 4. HEARINGS — None. 5. COMMENTS FROM THE AUDIENCE (5 minutes each) Seeing no one else wishing to address the Board, Ms. Bruch closed the public comment period. 6. RECESS was not taken by the Board. 7. BUSINESS SESSION dLANNING BOARD MINUTES September 20, 2005 Page 2 A. Minutes for Approval — (Minutes will be presented for consideration at a later date) B. Committee Reports 1. ZONING AND ORDINANCE COMMITTEE, Mr. Ruge, Chair a. Z-10-2005, 1401-1409 Georgetown Blvd., "CUP" Community Unit Plan to "DM-1" Residential District This is a request by Moore Non-Profit Housing to rezone the property at 1401-1409 Georgetown Blvd., more specifically described as: LOT 1 EXC COM SE COR THEREOF TH N 78DEG 08MIN 12SCD W 378.86 FT, N 85DEG 21MIN 24SCD E 371.93 FT, S 107.98 FT TO BEG; MOORE PARK DEVELOPMENT, CITY OF LANSING, INGHAM COUNTY, MICHIGAN from "CUP" Community Unit Plan to "DM-1" Residential district, for the purpose of constructing 48 new independent living apartments for individuals with special needs. Staff recommended approval Z-10-2005, 1401-1409 Georgetown Blvd., "CUP" Community Unit Plan to "DM-1" Residential District. In Committee, the request was recommended for approval and the motion carried unanimously (3-0). Ms. Bruch stated that the Committee did ask if it was possible to add additional trees around sites since a lot of large trees will be coming down. Mr. Ruge asked if the Board wanted to put that request in as part of the recommendation. Ms. Bruch stated that she would like to put it in as a writing request if it is possible. Ms. Stachowiak stated that it is possible because what the Board can do is recommend the approval of the rezoning and that the Board further recommended that the developer add more shade trees around the parking areas or throughout the site where appropriate. Ms. Cordill asked if most of the parking would be coming from the employees. Ms. Bruch stated that in Committee, the developer mentioned that since it is a special use they were not sure how much parking would be needed. There is a lot of reserve parking that may not be built unless it is needed. PLANNING BOARD MINUTES September 20, 2005 Page 3 Ms. Cordill stated that it is a beautiful site. She asked if the residents would be driving themselves. Ms. Stachowiak stated that some of the residents may drive themselves. There has to be parking for visitors and employees, and they have an ordinance requirement that has to be fulfilled. The developer does not want to construct more parking than needed. Staff told the developer to just pencil it in the center island to show that they are capable of accommodating the total amount of parking that is required but they do not have to construct it unless it is needed. Mr. Ruge made a motion, seconded by Ms. Cordill, to recommend approval of Z-10-2005, 1401-1409 Georgetown Blvd., "CUP" Community Unit Plan to "DM-1" Residential District. Bruch . . Ave Ruge. . . . . . . . . . . . . . . . . . . . . . . . Ave Cordill. Ave _Hollister Ave Czekai. . . . . . . . . . . . . . . . . . . . . . . Ave On a roll call vote, there were: Ayes: 5; Nays: 0; carried; unanimous. APPROVED. b. Z-11-2005, North side of Jerome Street, between Pennsylvania Ave. & Holmes Street, "C" Residential District to "DM-4" Residential District This is a request by Neumann, Smith & Associates, on behalf Sparrow Health System to rezone the property on the north side of Jerome Street, between Pennsylvania Avenue and Holmes Street, more specifically described as: COM SW COR LOT 2 BLOCK C GOWER'S ADD, TH W 550.34 FT, N 228.54 FT, E 552.81 FT, S 227.77 FT TO BEG; SEC 15 T4N R2W, CITY OF LANSING, INGHAM COUNTY, MICHIGAN from "C" Residential to "DM-4" Residential district, for the purpose of constructing a utility plant and other uses that would be accessory to the hospital located immediately south of the subject property. Staff recommended approval of Z-11-2005, North side of Jerome Street, between Pennsylvania Ave. & Holmes Street, "C" Residential District to "DM-4" Residential District. PLANNING BOARD MINUTES September 20, 2005 Page 4 In Committee, the request was recommended for approval and the motion carried unanimously (3-0). Mr. Ruge stated that on the site plan that was given to the Committee, there are cooling towers along the eastern edge on the future parking ramp. These have been moved and will be right next to the utility plant so that they will be much farther away from the residences. Mr. Ruge stated that the Committee spoke to the applicants about the parking lot that is right along Jerome Street. The applicant stated that Sparrow needs the whole parking lot because they will lose a lot of the current parking while constructing the plant. But once the construction is done, Sparrow has indicated a willingness to get rid of at least some of the parking spaces there to provide some buffering. Perhaps Sparrow will get rid of or cover up the ugly fence. Ms. Bruch added that there is a metal fence on the property. The Committee decided that Sparrow would meet with the neighborhood and find out what the neighborhood would prefer like a wooden fence or added slats to protect them from the light. Sparrow would make a decision with the neighborhood on how to replace that fence or enhance it to make it a little bit better. She stated that it is ugly and pretty industrial looking. Ms. Cordill stated that she was concerned about noise and the staff report was a little short on talking about sound. Ms. Bruch stated that she met with Sparrow Representatives today to hear and walk by the cooling tower that currently exists by the other parking deck. It is noisy and as you walk away from it, the noise drops off very quickly. The new cooling towers will be bigger and the noise is expected to be greater. Sparrow will have sound continuation which means the sound should be reduced. Therefore, it will probably be the same because of greater output. The towers are being moved closer to the building and the drawing does not show the 80 feet of the other parking lot. The towers will be approximately 200 feet away from the existing residences. There will be enough space so that the sound should not be much of a factor. Ms. Cordill asked how tall the towers will be. Ms. Bruch stated that they will be a little bit taller than the current towers. Ms. Bruch stated that if Sparrow develops the PLANNING BOARD MINUTES September 20, 2005 Page 5 parking deck after this, then the cooling towers will be surrounded. Mr. Ruge made a motion, seconded by Mr. Hollister, to recommend approval of Z-11-2005, North side of Jerome Street, between Pennsylvania Ave. & Holmes Street, "C" Residential District to "DM-4" Residential District. Bruch . . . . . . . . . . . . . . . . . . . . . . . Ave Ruge. . . Ave Cordill. . . Ave Hollister . . . . . . . . . . . . . . . . . . . . . Ave Czekai. . . Ave . . . . . . . . . . . . . . . . . . . . On a roll call vote, there were: Ayes: 5; Nays: 0; carried; unanimous. APPROVED. C. PRD-4-2003, Planned Residential Development, Proposed "Wexford Woods" Site Condominiums This is a request by Markey Associates to extend the approval of a Planned Residential Development on a 7.85 acre parcel located on the west side of Wexford Road, 495 feet from W. Jolly Road. The applicant proposes to construct 9 detached single family residential condominium units on the subject property. Mr. Ruge stated that this request was approved by the City Council on September 22, 2003. Mr. Markey is asking for a two year extension and the Committee did not see any reason not to give the extension. Mr. Markey stated the reason for the extension is that the housing market in Lansing is not very strong so there was not a reason or maybe there was not financing to build this project but they would still like to do it once economic conditions change. In Committee, it was recommended to grant the extension and the motion carried unanimously (3-0). Ms. Bruch stated that she was wondering if some of the trees could be planted now so that they have time to grow. Mr. Markey stated that the Board placed the condition on this request that for every tree that is removed Markey Associates has to plant a new one. Where the road way is going there are going to be trees removed during the construction process. Trees have to be removed and regrading done and it would be very premature to try to put PLANNING BOARD MINUTES September 20, 2005 Page 6 trees in now because of the construction process. Anything that would be put in now will be killed later. Ms. Stachowiak stated that the Board has the final approval of this extension and that it will not be going before City Council. Mr. Ruge made a motion, seconded by Mr. Hollister, to approve a 2-year extension of PRD-4-2003, Planned Residential Development, "Wexford Woods" Site Condominiums with the conditions contained in the original approval. Bruch . . . . . . . . . . . . . . . . . . . . . . . Ave Ruge. . . . . . . . . . . . . . . . . . . . . . . . Ave Cordill. . . . . . . . . . . . . . . . . . . . . . . Ave Hollister . . . . . . . . . . . . . . . . . . . . . Ave Czekai. . . Ave On a roll call vote, there were: Ayes: 5; Nays: 0; carried; unanimous. APPROVED. Next meeting, Wednesday, October 12, 2005 at 4 p.m. 316 N. Capitol Avenue, Department Conference Room. 2. URBAN DEVELOPMENT COMMITTEE, Mr. Czekai, Chair Next meeting, Tuesday, September 27, 2005, at 4:00 p.m. 316 N. Capitol Ave., Department Conference Room. 3. COMMITTEE OF THE WHOLE — None. 4. EXECUTIVE COMMITTEE — None. Ms. Bruch asked if there was a date for the meeting. Ms. Stachowiak stated that the minutes from last month indicate that the Executive Committee will meet at 6:00 p.m. before the next Board meeting on October 4cn C. Report from Planning Manager Ms. Stachowiak stated that last night City Council approved SLU-4-2005 and Z-5-2005. It is her understanding that SLU-2-2005 was approved but she does not have confirmation on it. Mr. Czekai stated that it was approved, (7-1). Ms. Stachowiak asked who voted against it. Mr. Czekai stated that it was Harold Leeman. Ms. Stachowiak stated that SLU-5- 2005 was also approved by Council. PLANNING BOARD MINUTES September 20, 2005 Page 7 Ms. Stachowiak stated that the City offered early retirement a few months ago and the Planning Department lost six employees from the four offices. There were a total of 43 employees who took the early retirement. Ms. Bruch stated that she is highly concerned and that before 1990, there were approximately 28 Planning staff and now it is down to 7 staff members. She asked what could be done. Mr. Czekai recommended setting up a meeting and making it very public what she is doing. He said to make it very clear that she is meeting with the Mayor and the President of City Council, and discuss her concerns. He said to call for a formal meeting. Ms. Bruch stated that the Planning Department is the heart of making everything better. She will meet with the Mayor and City Council President, Sandy Allen. Mr. Czekai recommended to also meet with Joan Bauer because she is the Planning Committee Chair and Jim Ruff, Planning Director. D. Pending Items: Future action required 1. Zoning and Ordinance Committee a. Z-1-1998, 1223 N.Turner St.,"H" Light Industrial District to"G-1"Business District(Tabled February 11, 1998) b. SLU-3-2002, 2710 N. Grand River Ave., Church in the"F"Commercial District& "J" Parking District(Tabled May 15,2002) C. Z-7-2005, South 99 Feet of 600 E. Kalamazoo Street,"B" Residential District to "F"Commercial District(Tabled July 13,2005) 2. Urban Development Committee a. Act-9-2000,201 E. Grand River Avenue, Proj. Sign Over ROW (Tabled June 27,2000) b. Master Plan Project C. Act-1-2003, SE Corner Michigan &Washington, Lot 3, Block 111, Orig Plat, Vacate Alley(part) (Tabled on April 29, 2003) 3. Committee of the Whole 4. Planning Board 5. Board Member Code Enforcement Notification Reports a. Teen Challenge-wood privacy fence (May 20,2003) b. Dollar Store-Willow Street&MILK Blvd.-landscaping &buffering (May 20, 2003) C. Grovenburg property-dumpster in ROW (July 1,2003) d. 2714 W.Jolly Road-church with large statue in front yard (January 20, 2004) e. 545 Baker Street-Mount Hope Church outreach (April 20, 2004) f. W.Willow Street-Grace Tabernacle Church-no landscaping (May 4,2004) g. Michigan Ave&Shepard Street-sign business-several banner signs nailed to the outside of building (May 4, 2004) h. 2702 S. Cedar Street-no landscaping (May 18, 2004) i. Michigan Ave&Virginia Street-Sparrow Hospital property-no screening and buffering (October 5, 2004) j. 2410 S. Pennsylvania Ave.- no landscaping (November 3, 2004) k. Keeps Party Store-Aurelius Rd-illegal signs (February 15,2005) I. 400 Allen Street-small port holes for windows (April 19, 2005) M. 2200 W. Holmes Road- Bad Habits-excessive signs(May 3,2005) n. 704 S. Clemens Street-"For Sale"items (May 3,2005) o. Corner of Aurelius&Cavanaugh Rds-Citgo Gas Station-high grass/weeds (July 5,2005) PLANNING BOARD MINUTES September 20, 2005 Page 8 8. NEW BUSINESS A. New Contract Zoning Ms. Stachowiak stated that the State legislature, a few months ago, adopted this contract zoning. It amends the City and Village Zoning Act. It used to be that once something is rezoned, anything that was allowed under that district could go there. This was seen a year ago when the gentleman came before the Board for the property on the corner of Pennsylvania and Mt. Hope Avenues. He wanted to do a Chinese take- out. The property was rezoned and there was a check cashing store. She stated that the applicant had every right to do that and there was nothing the Board could do about it. Ms. Stachowiak stated that it also used to be that someone could come before the Board and rezone a property for "F" Commercial District because the applicant wants to do a certain project. The Boards may have said no because it could potentially become a used car lot and the Board does not want to see a used car lot there. Under the new contract zoning, it allows a little bit more flexibility because someone could come before the Board and say that they want to rezone this property for "F" Commercial District because they want to do a McDonald's. The Board may think that the McDonald's is appropriate for the property but a used car lot is not. The applicant could ask the Board to review it under the contract zoning law which means that the Board is reviewing it for that specific use. The Board would recommend the request to City Council and it would be approved to rezone the property for that specific use only. The applicant cannot turn around and put in a check cashing store just because the applicant decides to do it. It gives the Board a little bit more control and it works a little bit like a Planned Residential Development (PRD). Ms. Stachowiak stated that the request can be approved for a specific use and for a general layout of the property. She stated that the catch is that the applicant has to request it. The statute is very clear on this. Ms. Stachowiak stated that the contract zoning law is so new that it has not been tested in court yet. Ms. Stachowiak stated that the contract zoning law is only for rezonings and it is her understanding that it only applies to uses and concept plans. Ms. Stachowiak stated that this gives the Board more power and little bit more authority over these things. She stated that it is also good for the applicant too because there are applicants who get turned down because the Board may be afraid that the applicant may do something that they may have no intentions of doing. Mr. Ruge stated that he thought he read something in the contract zoning law that said the City had to amend its ordinances in order to take PLANNING BOARD MINUTES September 20, 2005 Page 9 advantage of this contract zoning. Ms. Stachowiak stated that the City did have to amend its ordinance in order to do it. It is very simple to do this. The City's Law Office is supposed to be preparing the documents. Ms. Stachowiak stated that the Board passed on the ordinance amendment that dealt with reducing the amount of parking that the City requires for landscaping. She stated that four cases in the last two months have gone to the Board of Zoning Appeals asking for parking variances to reduce the amount of parking that has to be put in for retail stores. The Board of Zoning Appeals is granting variances and is saying rather than BZA having to deal with the variances all the time, why not have the Board review the ordinance and reduce the general retail parking requirements a little bit further. This is one requirement the Board has not done. Ms. Stachowiak stated that she would like to bring this before the Board. Ms. Bruch said absolutely. 9. COMMENTS FROM CHAIRPERSON Ms. Bruch asked when elections will take place. Ms. Stachowiak stated that she would double check when the elections will be held. 10. COMMENTS FROM BOARD MEMBERS With news of those retirements, especially with Ms. Wynant and Mr. Lysakowski, Ms. Cordill asked if the Board could acknowledge their services provided to the Board. She stated that Ms. Wynant has provided quite a bit of staff support for the Board and that Mr. Dennis Lysakowski has provided staff support for UDC now and then. Ms. Bruch asked about sending them a card. Ms. Stachowiak stated that she would pick up a card for each one and bring it to the next meeting. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS Ms. Cordill asked if 630 Kipling Blvd. was a registered rental. 12. ADJOURNMENT - Meeting was adjourned at 7:40 p.m. Respectfully submitted, James A. Ruff, Secretary, Planning Board PBMinutes.092005.doc Approved as written 10-18-05 Draft to Clerk October 14,2005 Approved October 18,2005 To Clerk October 20,2005 Minutes of the Regular Meeting LANSING PLANNING BOARD 7:00 p.m., Tenth Floor, Council Chambers Lansing City Hall Tuesday, September 6, 2005 1. OPENING SESSION The meeting was called to order at 7:00 p.m. by Ms. Bruch, Chair. _ A. Roll call: Present: Bruch, Ruge, Cordill, Czekai, Hollister. B. Staff Attending: Stachowiak. C. Excused absences: Frederick. D. Absent: None. Mr. Czekai made a motion, seconded by Mr. Hollister to approve an excused absence request from Mr. Frederick for tonight's meeting. On a voice vote, the motion carried unanimously (5-0). 2. APPROVAL OF AGENDA Ms. Bruch stated that Z-8-2005 has been tabled and will not be discussed this evening. Mr. Hollister asked why the Z-8-2005 case was tabled. Ms. Stachowiak stated that there was a neighborhood meeting held a week ago and the developer was there to present the proposal for the current Lansing Gardens property. There was quite a bit of opposition from the neighborhood and following the meeting the developer asked that the case be postponed for an indefinite period of time to allow the company more time to reconsider this proposal. Mr. Hollister made a motion, seconded by Mr. Czekai to approve the agenda as amended. On a voice vote, the motion carried unanimously (5-0). 3. COMMUNICATIONS A. Letter of opposition from Benn Nethaway regarding Z-11-2005 4. HEARINGS A. Z-10-2005, 1401-1409 Georgetown Blvd., "CUP" Community Unit Plan to "DM-1" Residential District This is a request by Moore Non-Profit Housing to rezone the property at 1401-1409 Georgetown Blvd., more specifically described as: PLANNING BOARD MINUTES September 6 2005 Page 2 LOT 1 EXC COM SE COR THEREOF TH N 78DEG 08MIN 12SCD W 378.86 FT, N 85DEG 21 MIN 24SCD E 371.93 FT, S 107.98 FT TO BEG; MOORE PARK DEVELOPMENT, CITY OF LANSING, INGHAM COUNTY, MICHIGAN from "CUP" Community Unit Plan to "DM-1" Residential district, for the purpose of constructing 48 new independent living apartments for individuals with special needs. Ms. Stachowiak gave a brief overview. She stated the primary reason for vacating a portion of Georgetown Blvd. is that the applicant wants to clean up the appearance of the property. The applicant has indicated in previous meetings that parking may be added to this area sometime in the future and because it is a residential district, the applicant would have a lot of restriction on the property in terms of front yard parking. Mr. Ruge inquired about vacating the entire right-of-way. Ms. Stachowiak stated that it seems to be the sentiments of the City engineers to vacate all of it or none of it. She stated that it will be analyzed further in the ACT 285 staff report and discussed at the Urban Development Committee meeting. Eventually the case will come before the entire Board. Ms. Cordill inquired about the number of stories. Ms. Stachowiak stated that the buildings have two stories. Mr. Ruge stated inquired about the buildings on the property and if they would be demolished. The existing buildings would not be demolished. There will also be four additional buildings if the existing buildings would continue to be occupied like they are now. The "DM-1" density is the lowest density multiple family residential district that allows up to 19.8 units per acre. What the applicant is currently proposing fits in with this density. The Master Plan designation is also for high density residential which allows 20 plus dwelling units per acre so the proposal is lower density than what the Master Plan calls for. Ms. Bruch asked if there was a reason why the City would not want to encourage a higher density. Ms. Stachowiak stated that the applicant was going for what was needed to accommodate this project. Ms. Bruch asked of the applicant if there would be any possibility of going to a higher density. Mr. Al Martin, representative of the owner, 432 N. Saginaw Street, Flint, stated that at this point there is no need for a higher density. With the layout of the buildings, the parking and the lot coverage restrictions this was the best way. Ms. Bruch stated that her only concern with the plan is that the area is heavily wooded and with the parking in the back a lot of the vegetation PLANNING BOARD MINUTES September 6, 2005 Page 3 would be removed. She would like to ask that maybe some of the design of the parking lot be reviewed to see if there is anyway of minimizing the impact on the site. Seeing no one else wishing to speak, Ms. Bruch closed the public hearing and referred Z-10-2005, 1401-1409 Georgetown Blvd., "CUP" Community Unit Plan to "DM-1" Residential District to the Zoning and Ordinance Committee, scheduled to meet on September 14, 2005 at 4:00 in the Planning and Neighborhood Development Conference Room at 316 N. Capitol Avenue. B. Z-11-2005, North side of Jerome Street, between Pennsylvania Ave. & Holmes Street, "C" Residential District to "DM-4" Residential District This is a request by Neumann, Smith & Associates, on behalf Sparrow Health System to rezone the property on the north side of Jerome Street, between Pennsylvania Avenue and Holmes Street, more specifically described as: COM SW COR LOT 2 BLOCK C GOWER'S ADD, TH W 550.34 FT, N 228.54 FT, E 552.81 FT, S 227.77 FT TO BEG; SEC 15 T4N R2W, CITY OF LANSING, INGHAM COUNTY, MICHIGAN from "C" Residential to "DM-4" Residential district, for the purpose of constructing a utility plant and other uses that would be accessory to the hospital located immediately south of the subject property. Ms. Stachowiak gave a brief overview. Ms. Bruch was concerned about someone looking at the Junior High School running out of space and what the parking situation would be. Ms. Stachowiak stated that there is a new Pattengill Middle School being built over on Marshall Street. Ms. Stachowiak stated that the property is already owned by Sparrow Hospital and the parking lot that will be constructed is for Sparrow parking. Ms. Bruch stated that her biggest concern was that the lands were being taken from the school. She is concerned about it and asked who is watching out for these schools. Ms. Stachowiak stated that the school has a nice brand new site over by Marshall and Saginaw Streets with their own parking. There will be more land than what the school needs and what is left will be more than what is needed. Ms. Stachowiak stated that this is a major hospital for the Lansing area and it is so limited in size. Sparrow Hospital's only option on the main site is to build up which is what will go for a variance Thursday night. Then for some of the new things that are needed, Sparrow will make use of this relatively small site located to the north. PLANNING BOARD MINUTES September 6, 2005 Page 4 Ms. Bruch asked with the site being small and if Pattengill is moving, what would happen to the building. She stated that it would make sense if Sparrow is limited on space and if the City can protect the rest of the lands for the High School, then maybe giving the land that has already been used and reuse the building. She stated that it is a beautiful building. Ms. Stachowiak stated that it would be up to the school to decide what will be done with the building. The City does not have a whole lot of control over it. As a hospital, there are very particular needs in terms of a building. Sparrow Hospital has been very active on the eastside with the Eastside Neighborhood Organization, the Boys Training School plan and these types of things. Sparrow Hospital has always reassured the neighborhood organization that it would not expand geographically into the neighborhoods. This is why Sparrow Hospital has really strived to stay confined to its site and make the most use of it. This is the first physical expansion other than building up. Mr. Hollister asked if there was any other feedback from the neighborhood organization other than the one letter the Board received from Benn Nethaway. Ms. Stachowiak stated that there is no response yet and that the Eastside Neighborhood Organization is very good about responding to these things. The Planning Office will likely receive something from the Eastside Neighborhood Organization and the Eastfield Neighborhood Association. Ms. Stachowiak stated that Sparrow Hospital has had a very, very good working relationship with school system. Mr. Ira Ginsburg, Senior Vice President of Sparrow Health System located at 1215 E. Michigan Avenue, stated that Sparrow has met with the Eastside Neighborhood Organization (ENO) and the school district regarding this project. The property was not exchanged. He stated that Sparrow paid the school district to move the tennis courts to the north side. Since the tennis courts needed to be replaced, it was a win/win situation when Sparrow purchased the old football field. He stated that Sparrow has talked with the school district about the central utility plant providing steam to the Johnson Field House. The field house has an antiquated system and it is very costly to the district. There is not an agreement on this yet, but there has been a discussion about Sparrow's utility Plant providing steam to the Johnson Field House. At this point, the school district is very favorable to Sparrow building the utility plant. He stated that Sparrow had met with the ENO about a month ago and the ENO took a vote. There were some descending votes but the majority of the people at the meeting were in favor of Sparrow's expansion. PLANNING BOARD MINUTES September 6, 2005 Page 5 He stated that Pattengill Middle School is moving to the Marshall Street property. The last he heard, the school district's intentions are to demolish the old school and make a green space/park-like setting for the neighborhood and for the remaining Eastern High School students. Mr. Ginsburg stated that the scheduled time for the new Pattengill Middle School to open is in January 2007, and that Sparrow's project will be finished about the end of 2007 to the beginning of 2008. Mr. Ruge asked what happened to the health education building. Mr. Ginsburg stated that Sparrow was supposed to do this with Lansing Community College (LCC) and LCC built its own building on the west side of Lansing. Mr. Ginsburg stated that there is still a possibility of an administration building that has classrooms, offices, etc. but the details have not been determined. This project will be 5 to 10 years from now. He stated Sparrow still has MSU and the Lansing School District who are willing to work together on some of this. Mr. Ruge inquired about the big oxygen tanks in the parking lot by Holmes Street. Mr. Ginsburg stated that the oxygen tanks would be moved over by the new facility. Mr. Ruge asked what Sparrow's plans are for the parking lot that runs along Holmes Street. Mr. Ginsburg stated that at the moment there are no plans and Sparrow has been approached by the school district. The district would like to purchase part of the property in the back and put in a lower football field. Mr. Hollister stated that the current plan is for the utility plant and then the future plans are the administration building and the four level parking ramp. Mr. Ginsburg stated that the administration building and the parking ramp are 5 to 10 years later. The current plan is to build the utility plant. Mr. Hollister asked if the cooling towers would be a part of the utility plant. Mr. Ginsburg stated that is correct. Ms. Bruch asked about the noise level of the cooling towers. Mr. Ginsburg stated that those are the generators and that they run only when the hospital runs out of power. These generators are tested on Thursday mornings and they are pretty noisy. He stated that the cooling towers on top of the building would be newer and much quieter. Mr. Dru Venson, resident of 606 S. Fairview and Board Member for the Eastside Neighborhood Organization (ENO), stated that he is a life- long resident of the east side. He attended Pattengill Middle School and Eastern High School. He is a former Sparrow Employee and a former entrepreneur who went back to Sparrow and sprouted a business that turned into three businesses: two in Lansing and one in Holt. When he PLANNING BOARD MINUTES September 6, 2005 Page 6 looked at this project, he looked at it from several different perspectives (i.e. parking lot, sports). He stated that the ENO supports this request and that there was only one descending vote at the last meeting. He stated that as far as the noise level, he is very familiar with the hospital. He spent a greater part of last year there because his mother had breast cancer. In addition to many years working there and out of there, he is not quite sure if the sound was coming from the construction. There is a neighborhood association directly adjacent to Sparrow Hospital and there have not been any complaints from this neighborhood group with regards to a noise issue. There have been a lot of favorable responses from all the adjoining neighborhoods in regards to the traffic flow, ease of operation (i.e. Sparrow's security working with the schools and the parking situation). There have not been any negative responses from the principle or any of the teachers regarding the noise level coming from the construction site or from the Sparrow building. The ENO definitely does not want to see Sparrow expanding out but it would like to see Sparrow maintaining and if at all possible, expanding inwards. By profession, one of his jobs is consulting. When someone talks about decibels, he is very familiar with it. When Sparrow presented the information on the new equipment to the ENO, he did some follow up because he wanted to know what was being brought in. He stated that the new equipment that Sparrow is bringing in is much quieter and much more efficient than the old equipment. He stated that there are quite a number of groups in the surrounding area who are supportive. The alumni association at Eastern High School is quite large and active and can be pulled into this process as well. Seeing no one else wishing to speak, Ms. Bruch closed the public hearing and referred Z-11-2005, North side of Jerome Street, between Pennsylvania Ave. & Holmes Street, "C" Residential District to "DM- 4" Residential District to the Zoning and Ordinance Committee, scheduled to meet on September 14, 2005 at 4:00 in the Planning and Neighborhood Development Conference Room at 316 N. Capitol Avenue. 5. COMMENTS FROM THE AUDIENCE (5 minutes each) Ms. Mary Swift, resident of 6201 W. Mt. Hope Road, stated that she owns the pond that runs along the property of the PRD-1-2005. She stated that a few weeks ago while she was on vacation, Mr. Creagh, the developer of the proposed condominiums at the east end of Wayne Street (PRD-1-2005), got into her pond and did some work. He dredged it and cut off his side. He dug it out so his PLANNING BOARD MINUTES September 6, 2005 Page 7 shoreline is farther back in so now the pond does fall onto his property. She has contacted a lawyer and her appointment is next week. She stated that she would like some consideration on liability. With eight condominiums being built and children, the park will be running along the back of the houses right in front of the pond. She stated that there has been an impact on this site with her pond. Mr. Creagh had trespassed on her property and she stated that he did not have her permission or a permit to do the work. The bigger picture is the liability: 1) Whose liability is it? 2) How should it be addressed? 3) Should Mr. Creagh put up a fence? She asked what needed to be done next and where to go to keep the kids who will be living there safe. Mr. Ron Sutberry, resident of 2208 E. Cavanaugh Road, stated that his property ends at the Wayne Road project. He voiced his concerns a few weeks ago in reference to the hazards of the streets being narrow and there being no sidewalks. He did some research since his last visit before the Board and found 29 law suits pending against Mr. Creagh. He urged the Board not to approve the request for the 8 units. If one, two or three nice homes are built to recoup the money put into it then that would be fine. He has no objections to this. With 8 units and families with kids on a narrow street, visitors coming to the park and parking vehicles on the street, if a fire truck needs to get through this area at the same time for any reason, it would not be able to get down the street. Once the fire truck gets down the street, it would not be able to turn around. He stated that the street is very narrow. He urged the Board to deny the request. Mr. Alvin Jones, resident of 1815 Lockridge, stated that he owns the property across the street from the proposed site. There are elderly people who live right next door to the proposed site and they need constant medical care. If people are parked along the street, there is no way for an ambulance or emergency vehicle to get in this area. The park would be dangerous to the kids. Kids will be kids and they will play in it. He stated that he cannot turn his truck around in a complete turn back there. If there are four or five vehicles parked on the street and an apartment or house catches on fire, it will be a holy mess back there. There was one time where it was a mess back there because the fields caught on fire and a fire truck got stuck in the mud. When there are that many houses and a lot of cars, there would be no way for a big snow truck to turn around. The blade would tear up everything. This would be a hazard. If snow gets on the side of the street, some kid will get hurt. There are no sidewalks or lighting there. He stated that kids will walk in the middle of the street where it's least resistant of snow. There would be a valley in the street and an area on the end that will probably catch water. It will be slippery for cars to travel up and down the hill. This is a hazard. There is a pond there and vehicles have to turn around. There is a hill catching water and this has always been a problem down there. The water does not build ice, it just builds water about six inches deep all the way back past the culver. The water drains about 30 feet from the drain. If anything gets into the drain, it builds up water about 40 PLANNING BOARD MINUTES September 6, 2005 Page 8 to 50 feet down the street. This will be a problem in the winter and it will be dangerous to the kids. With eight units crowded in this area, people will get into arguments about who will be parking where. When property becomes scarce, people will start parking in other people's yards. He stated that no one is objecting to units being built. Ms. Linette Wilkes, resident of 2626 Walmar Drive, stated that she is excited about this project. Some of the issues brought up this evening she believes are issues the residents may have with the City (i.e. water not draining properly). As far as the valley in the street, the residents did not pave the street. The City paved the street and did a wonderful job. As far as a fire truck being able to turn around, whether there is one house or eight homes, it will be the same problem. All of these homes will have driveways for parking. If she has company at her home, the people will park in her driveway. The green space is beautiful and is more than adequate for the proposed amount of homes. She stated that the pond was a disaster and was a cesspool of garbage and tires. She removed truck loads of junk from the pond at her expense. According to the City's plat, the pond was on her property in two places and only in those places on her property did she clean up the pond. It looks gorgeous. If someone walks the property and sees what has been done and then look across to the other side, they would say why didn't this lady come and see if the guy would finish. It looked beautiful on her side of the pond. She has made it beautiful for the people who purchase homes. She stated that the gentleman kept referring to units like it would be a Section 8 or something. These are going to be beautiful homes that respectable people buy. These will not be rental units. It is sad to her to have people come in thinking negatively instead of taking the time to look at the plans and see what is being proposed. It would eliminate a lot of questions and concerns. She has concerns when people say she has done something wrong to the pond, the property or just wrong in general. A lot of the gentleman's issues are with the City and not with her. She has agreed for the sidewalk. The lighting is a City issue. The homes in the neighborhoods have lights outside on the garage and the new homes will have the same. Above and beyond that, she does not know what the other people are looking for. Mr. Bob Creagh, resident of 2626 Walmar Drive, stated that he just wanted to address a couple of the issues. He owns 90 percent of the pond on his side of the street. There are places where his ownership goes almost 30 feet into the pond. There are other places where his property goes all the way across to the other side. He stated that the issue with the pond was that it has been a dumping ground for tires, refrigerators and you name it. Frankly, if there is an issue with that, he has left the pile of debris on the property so anybody could go and view it. PLANNING BOARD MINUTES September 6, 2005 Page 9 With the issue of the street not draining properly, he stated that the street drains just fine. The issue is the City just paved the street so there will be some erosion until the grass grows. There will be some dirt going down the road. The street is a legal street and has plenty of room for parking and emergency vehicles to turn around. The City will not construct an illegal street. He believes that some of the people in the neighborhood do not want to see buildings on the property. Unfortunately for them, people need to have a place to live. He is trying to put together a development that makes sense and not construct something that will look bad or attract the wrong type of people. He is going over and above what anyone else probably would do or with what needs to be done. He wants a good project, one that he can point to and tell people to take a look. Here is the type of projects we do. As far as the application and density, he is within the guidelines in the Charter section. He asked the Board to utilize that and approve the project. Mr. Dru Venson, resident of 606 S. Fairview and Board Member for the Eastside Neighborhood Organization (ENO), stated that he would like to have the Board look into the proliferation of liquor stores (6) within less than a mile on Kalamazoo Street, between Shepard Street and Mifflin Avenue. Only one of liquor stores meets code requirements as far as signage. The Code Compliance Office is running short of people and he sees that the City has some issues with signage. He stated that this is an unfair situation to take what was a very nice little neighborhood that was middle class, lower middle class with college students and elderly, and allow it to become more run down, ghetto looking and Detroit and Flint looking after the plant closed. Having all of these illegal signs tacked up everywhere in windows or where there should be windows that are boarded up. All of these signs are placed everywhere. He has spoken to numerous people in various departments. If the Board can take the time to ride by Sparrow and check things out, it would greatly be appreciated. Seeing no one else wishing to address the Board, Ms. Bruch closed the public comment period. 6. RECESS was taken by the Board. 7. BUSINESS SESSION A. Minutes for Approval — July 19, 2005 Mr. Czekai moved; seconded by Ms. Cordill to approve the minutes of July 19, 2005 without corrections. On a voice vote, the motion carried unanimously (5-0). The minutes of July 19, 2005 were APPROVED. PLANNING BOARD MINUTES September 6, 2005 Page 10 Minutes for Approval —August 3, 2005 Ms. Cordill moved; seconded by Mr. Ruge to approve the minutes of August 3, 2005 without corrections. On a voice vote, the motion carried unanimously (5-0). The minutes of August 3, 2005 were APPROVED. B. Committee Reports 1. ZONING AND ORDINANCE COMMITTEE, Mr. Ruge, Chair a. SLU-5-2005, 1526 E. Mt. Hope Avenue, Special Land Use Construction in the 100 Year Flood Plain This is a request by the Lansing Parks & Recreation Department to construct 2 buildings at 1526 E. Mt. Hope Avenue, Sycamore Golf Course. The building will be located in the 100 year floodplain, but will be elevated one foot above the base flood elevation. MDEQ has already issued the necessary permits for this construction. Staff recommended approval of SLU-5-2005, 1526 E. Mt. Hope Avenue, Special Land Use - Construction in the 100 Year Flood Plain. In Committee, the request was recommended for approval and the motion carried unanimously (3-0). Ms. Cordill stated that it is her understanding that the City will build the structures and the organization will lease it. She asked if there were terms for the lease. Ms. Bruch stated that the last time the City had a building built the Board suggested that it meet LEED standards. Ms. Stachowiak stated that City Council did not approve it. Ms. Bruch asked if it could be attached to the special land use stating that the building needs to comply with LEED standards. Ms. Stachowiak stated that the Board can attach any condition. Ms. Cordill asked if this was the concession stand near the Red Cedar Golf Course. She stated that the intent was that these are seasonal buildings so there could be some thought and consideration in terms of landscaping to lower the air cooling costs. Ms. Bruch stated that the LEED standards look into the long term affect of the costs of energy and construction. It may be a little more expensive in the beginning but in the long run it is a lot cheaper. It saves on energy, construction costs and replacement costs and maintenance. Ms. Cordill stated PLANNING BOARD MINUTES September 6, 2005 Page 11 that this is above and beyond a condition of building code. Ms. Bruch stated that the building code is being reviewed to see how it can be done for buildings to meet LEED standards. Mr. Ruge stated that he would accept this as a friendly amendment especially with the price of energy increasing the way it is, and it would make sense to plan long term. Mr. Ruge made a motion, seconded by Mr. Hollister, to recommend approval of SLU-5-2005, 1526 E. Mt. Hope Avenue, Special Land Use - Construction in the 100 Year Flood Plain. Bruch . . . . . . . . . . . . . . . . . . . . . . . Ave Ruge. . . Ave Cordill. . . . . . . . . . . . . . . . . . . . . . . Ave Hollister . . . . . . . . . . . . . . . . . . . . . Ave Czekai. . . . . . . . . . . . . . . . . . . . . . . Ave On a roll call vote, there were: Ayes: 5; Nays: 0; carried; unanimous. APPROVED. b. Z-9-2005, 4913 N. Grand River Avenue, "A" Residential District to "F" Commercial District This is a request by A&D Development to rezone the property at 4913 N. Grand River Avenue, more specifically described as: LOT 15 WESTMONT SUB, CITY OF LANSING, INGHAM COUNTY, MICHIGAN from "A" Residential to "F" Commercial district, for the purpose of utilizing the existing building for commercial and office uses. Staff recommended approval of Z-9-2005, 4913 N. Grand River Avenue, "A" Residential District to "F" Commercial District, based upon its consistency with the surrounding land uses, zoning patterns and the Northeast Area Comprehensive Plan. In Committee, the request was recommended for approval and the motion carried unanimously (3-0). PLANNING BOARD MINUTES September 6, 2005 Page 12 Ms. Bruch stated that when she viewed the property there was no curb on Grand River and there is a huge, open driveway in the front. She asked about attaching conditions to this request. Ms. Stachowiak stated that because it is a rezoning request conditions cannot be attached because this building is on such a small site that it practically consumes the entire site. The building is all the way to the rear lot line. In terms of the front lot line, it needs to be open so that people can pull in and park in the front of the building. This is the only area for parking on this site. People cannot park along Grand River because it is a major street. Ms. Bruch stated that the tire stops are so tight to the building that it would be hard for pedestrians to walk in front of the building. She asked if this case would go through the site plan review process. Ms. Stachowiak stated that the applicants have been extremely cooperative and even though there is not a process, they would be more than happy to make accommodations. Ms. Bruch stated that there was only one tree on the site in the back of the property and there is space for trees between the buildings. She stated that if there is any way to add vegetation to the site, it would really help with the appearance. Mr. Ruge made a motion, seconded by Mr. Hollister, to recommend approval of Z-9-2005, 4913 N. Grand River Avenue, "A" Residential District to "F" Commercial District. Bruch . . . . . . . . . . . . . . . . . . . . . . . Ave Ruge. . . . . . . . . . . . . . . . . . . . . . . . Ave Cordill. . . . . . . . . . . . . . . . . . . . . . . Ave Hollister . . . . . . . . . . . . . . . . . . . . . Ave Czekai. . . . . . . . . . . . . . . . . . . . . . . Ave On a roll call vote, there were: Ayes: 5; Nays: 0; carried; unanimous. APPROVED. C. PRD-1-2005, Planned Residential Development, Proposed Site Condominiums - East end of Wayne Street This is a request by Bob Creagh & Lynnette Wilkes for approval of a Planned Residential Development. The subject property is Lot 23 of Supervisor's Plat of Culver-Dale PLANNING BOARD MINUTES September 6, 2005 Page 13 Subdivision and is located at the east end of Wayne Street, on the south side of the road. The applicant is proposing the construction of 8 single family detached condominiums. Staff recommended approval of PRD-1-2005, Planned Residential Development, Proposed Site Condominiums - East end of Wayne Street, with the following conditions: 1. The applicant preserve as many of the existing trees on the site as possible, and protect the trees during construction; and 2. The development complies with the Department of Public Service standards for curb cuts and utility connections. In Committee, the request was recommended for approval with the following conditions: 1. Compliance with the Department of Public Service standards for curb cuts and utility connections; 2. Sidewalks be provided along the entire length of Wayne Street, or at a minimum, the length of the condominium project; 3. The drip line of all existing trees be protected during construction; 4. The developer is to meet with the City Forester to identify which trees are to be preserved; 5. The trees that have been removed be replaced to the satisfaction of the City Forester; 6. Incorporate a playground or park area in the development; 7. Provide details on site grading; 8. Snout houses be prohibited; and 9. Overhead power lines be prohibited; and the motion carried unanimously (3-0). Ms. Stachowiak stated that since the Zone and Ordinance Committee, there was a new set of plans and she brought them with her this evening. These plans show new building elevations which do not show the garages projecting in the front of the house. The original plans showed the snout houses. The new plans show the landscaping along the street right-of-way and also more specifically along the east property line. The new plans also show a pathway that links to a 40 foot wide area at the south end of the development. There are three locations designated for picnic tables, grills, etc. which is consistent with the recommendation of the Committee at the meeting. There was a lot of discussion PLANNING BOARD MINUTES September 6, 2005 Page 14 with the developer about doing this and he has made that adjustment. Ms. Stachowiak stated that this plan shows the location of the pond and some of it projects onto his property. This is more of a civil case between the two property owners. This has been brought to the Planning Office's attention before this evening and the office has advised that this is a civil matter between the property owners. Ms. Stachowiak stated that the plan more than meets the density and the lots exceed the minimum size that the City requires well within the density of the "A" Residential District. From this stand point, staff recommended approval of the request and will stand by the recommendation. Ms. Cordill asked if the community has concerns of the pond being an attractive nuisance for the neighborhood. Mr. Hollister stated no and that at the time of the Committee, it seemed like the pond was more out of the property rather than in the property. It was not really clear at that time. The general consensus of the people who attended was that the pond was more off this property and on Ms. Swift's property. Ms. Stachowiak stated that the pond is already on the property and there has been nothing to this point that has required it. With building new houses, there is code that she can refer to that says now the pond has to be fenced. Someone can show up tomorrow by right and build four houses on this lot without going before the Board. There would be nothing that she could refer to that would say now the pond has to be fenced in because it is already an existing situation. Ms. Bruch asked if it was a brand new pond, then something would have to be done with it. Ms. Stachowiak stated not necessarily and there is nothing that requires fencing in retention ponds. Ms. Bruch asked what the difference is between a retention pond and a regular pond. Ms. Stachowiak stated there is no difference. A pond is a pond and the City does not require it to be fenced. Mr. Ruge stated that with a retention pond the sides are so steep that if someone steps on it, they would plunge down into it. Ms. Bruch stated that she thought this was one of the legal requirements with the way the shelf gets built and then if there is not a very steep edge. Ms. Stachowiak stated if there is an extremely steep edge, then the City does require the pond to be fenced. A typical retention pond with a nice soft grade would not require fencing. Ms. Stachowiak stated PLANNING BOARD MINUTES September 6, 2005 Page 15 that if the Board would like to make it a requirement that the applicant fence it, it certainly can be done. Ms. Bruch stated that if it is a steep edge, then it should be fenced. She inquired about how deep the pond is. Ms. Stachowiak stated that she could find out. Ms. Bruch stated from a safety issue, she would like to know. Mr. Ruge stated that this is straying from the Board's business and that it certainly is a safety issue. He stated that it is not the Board's safety issue and that if it is dangerous, the applicant would have to deal with it or deal with the consequences. He stated that the Board is really looking at the use of the property and is this use of the property a good use. He believes that the Board should leave it to the developer to deal with these issues with the pond. Mr. Czekai stated that there was quite a bit of objection both verbal and documented here and he did not see a lot of discussion in the Committee. He asked if there was a lot of objection and if folks attended the Committee meeting. Mr. Ruge stated that there have been objections all along and people feel that this is too dense of a development. The Committee did not discuss it very much because they did not feel that it was a dense development. He still does not feel that eight houses on a small street like this is really overdevelopment for this short size of a street. Mr. Hollister asked Ms. Stachowiak to explain why this case is before the Board. Ms. Stachowiak stated that because this is a platted lot by itself, by ordinance and State law, it can only be split four times. If it is split more than four times, under current law, the applicants would have to go to Circuit Court, have the original plat vacated and then re-plat it. The whole process would take approximately two years and the end result would be exactly the same as what the Board has before it now. She stated that the difference would actually work against the Board. The way the applicants is doing it now, they would avoid the lengthy process but they do it with the condominiums so there can be open space along the back with grills and access to it. These are things that the applicants would not get if the request went through the other process. Ms. Stachowiak stated that in terms of density, the City requires a lot size of 60 by 100 and every one of these lots is PLANNING BOARD MINUTES September 6, 2005 Page 16 at least 74 feet wide by 138.5 feet deep. The applicants have more than exceeded the City's lot size requirements plus there is all the open space in the back Ms. Stachowiak stated in terms of the street, it is narrow but the City's engineers are of mind that the City is trying to make the local roads narrower because it slows traffic. It is a traffic calming device and there is less asphalt which is environmentally positive. Ms. Cordill stated that with condition number 8, she asked if the Board would want to have the developer build according to the site plans and elevations. Mr. Ruge stated that he had the same concern and he suggested that the Board say a portion of the garage should project in front of the rest of the house. Mr. Hollister stated that it does not mean the developer could do something that was not in the plan but still comply with the Board's intentions. Mr. Hollister stated that all of the items brought up in the Committee report have been addressed on this revision. Ms. Cordill inquired about street lights and stated that she did not remember seeing street lights. Ms. Stachowiak stated that her understanding is that street lights will be put in. Ms. Cordill asked if the lights would be the classic Lansing lights. Ms. Stachowiak stated that she is not sure of the style but that lighting would be added. Ms. Cordill asked if the Board could encourage lighting. Ms. Stachowiak said yes. Mr. Hollister stated that he is concerned with the allegation made earlier of court lawsuits. He would be interested in finding out if there is any truth to those allegations and what the nature was of the court lawsuits, if any, pending against the developer and what hearing there might be on this. He asked if the appropriate thing to do is make a motion to table the request to find out about it. Mr. Ruge stated that he does not know Mr. Creagh's reputation and he is not really concerned about it. The Board is concerned with what the land use is here. If it turns out that Mr. Creagh does have a bad reputation, he would think that the Code Compliance Office takes this into account when handling inspections. Ms. Stachowiak stated that the bottom line is the applicants have to meet the Zoning code, the conditions of the PRD PLANNING BOARD MINUTES September 6, 2005 Page 17 and building codes. Nothing will be approved unless codes are met. Ms. Cordill stated that the Board should move this case forward. If you are going to have someone build your home then you would be concerned about the reputation and take that upon yourself to choose a builder that you are confident with. Ms. Bruch stated that she did view the site and she read that all existing trees will be protected and need to be identified. She stated that there are no existing trees and the area had been cleared. There is a huge pile of roots and there is no way of knowing how many trees were on the site. The applicants have clear cut the site and this does not feel good. This alone gave her a really bad feel for the site because this was a step that was done before anything else needed to be done. She could not see what the existing trees were that had been removed. Ms. Bruch stated that she did see the pile of tires and junk that probably came out of stuff and she was glad to see that at least the site was being cleaned up. Mr. Ruge made a motion, seconded by Mr. Hollister, to recommend approval of PRD-1-2005, Planned Residential Development, Proposed Site Condominiums - East end of Wayne Street. Bruch . . . . . . ... . . . ... . . . . . . . . . . Ave Ruge. . . . . . . . . . . . . . . . . . . . . . . . Ave Cordill. . . . . . . . . . . . . . . . . . . . . . . Ave Hollister . . . . . . . . . . . . . . . . . . . . . Ave Czekai. . . . . . . . . . . . . . . . . . . . . . . Ave On a roll call vote, there were: Ayes: 4; Nays: 1; carried; unanimous. APPROVED. Next meeting, Wednesday, September 14, 2005 at 4 p.m. 316 N. Capitol Avenue, Department Conference Room. 2. URBAN DEVELOPMENT COMMITTEE, Mr. Czekai, Chair a. ACT-3-2005, NW Corner MILK & W Washtenaw, Market for Sale Mr. Hollister recused himself from this matter due to his employment with Habitat for Humanity. PLANNING BOARD MINUTES September 6, 2005 Page 18 This is a request by the City of Lansing Development Office to sale property to Habitat for Humanity of Lansing to build a single family home at the NW corner of MLK Jr. Blvd. and W. Washtenaw, more specifically described as: The East % of Lot 2, Plat of Taylor's Addition, City of Lansing, Ingham County, Michigan, according to the recorded plat thereof as recorded in Liber 2 of Plats, Page 23, Ingham County Records. Staff recommended approval of ACT-3-2005, NW Corner MLK & W Washtenaw, Market for Sale. In Committee, the request was recommended for approval and the motion carried unanimously (2-0). The Committee found that the character of the area, which is predominately residential, will not change as a result of the proposal, and that the location, extent and character appear to be reasonable. Mr. Czekai made a motion, seconded by Mr. Ruge, to recommend approval of ACT-3-2005, NW Corner MILK &W Washtenaw, Market for Sale. Bruch Ave Ruge. Ave Cordill. Ave Czekai. Ave On a roll call vote, there were: Ayes: 4; Nays: 0; carried; unanimous. APPROVED. b. ACT-4-2005, 225 W. Washtenaw, Easement in City Parking Lot, Lot 11, Bilk 127, Original Plat This is a request by the Michigan Restaurant Association to secure an easement or deed restriction on the adjacent City owned property. The purpose of the request is to allow the reconstruction of their building with windows (without fire protection) on the property north of and abutting 225 W. Washtenaw. The easement/deed restriction would entail the north 10 feet (20' max.) of the City Parking Lot behind the S. Capitol Parking Ramp, and would be specifically described as: PLANNING BOARD MINUTES September 6, 2005 Page 19 The north 10 - 20 feet of the west 110 feet of Lot 11, Block 127, Original Plat, City of Lansing, Ingham County, Michigan. Staff recommended approval of ACT-4-2005, 225 W. Washtenaw, Easement in City Parking Lot, Lot 11, Blk 127, Original Plat with conditions. In Committee, the request was recommended for approval with the following conditions: 1. The easement/deed restriction on building setback extend no further than 11 feet from the north property line; 2. The easement(s)/deed restriction be constructed in accordance with recommendations of the City Attorney; 3. The easements/deed restriction not interfere with the current use of the property for surface parking; 4. The City be compensated for any costs or lost revenue resulting from the applicant's use of a four foot wide access easement, extending from the rear door to the public right-of-way; and 5. A four foot wide access easement along the north property line be authorized, conditioned on the applicant reimbursing the City for any costs or lost revenue resulting from the use of this area by the applicant; and the motion carried unanimously (2-0) The Committee also requested that a sketch of the floor plans for the new building be provided to the Board and that Cooley Law School comments be obtained regarding the requested 4 foot access easement. Mr. Czekai made a motion, seconded by Ms. Cordill, to recommend approval of ACT-4-2005, 225 W. Washtenaw, Easement in City Parking Lot, Lot 11, Bilk 127, Original Plat. Bruch . . Ave Ruge. . . . . . . . . . . . . . . . . . . . . . . . Ave Cordill. . . . . . . . . . . . ... . . . . . Ave Hollister Ave Czekai. Ave On a roll call vote, there were: Ayes: 5; Nays: 0; carried; unanimous. APPROVED. PLANNING BOARD MINUTES September 6, 2005 Page 20 C. ACT-5-2005, 3131 E. Alden Square, Encroachment into ROW This is a request by Jeffery L. Worrall to correct an existing encroachment into the Alden Square Right of Way. The method used may involve a vacation of that portion of the ROW; an easement; or a license of the portion of the building extending into Alden Square. The purpose of the request is to clear up this encroachment to facilitate the sale of the property with the lender, Comerica Bank. Staff recommended that the City grant a license to the applicant to continue the portion of the building at 3131 Alden Square that encroaches into the Alden Square right- of-way, subject to a survey to determine the extent of the encroachment. In Committee, the request was recommended for approval, with modifications, that the applicant and the City enter into a license agreement to permit the continuation of the portion of the building at 3131 Alden Square that encroaches into the Alden Square right-of-way, provided that: 1. The applicant provide a survey to determine the extent of the encroachment; 2. The license would be intended to remain in effect throughout the life of the existing building. and the motion carried unanimously (3-0). The Committee further recommended that the City consider vacating the Alden Square ROW, reserving utility easements as appropriate. NOTE: This portion of the Committee's recommendation is beyond the limits of this review, and would be subject to a separate Act 285 Review regarding the entire Alden Square ROW. Mr. Czekai made a motion, seconded by Ms. Cordill, to recommend approval of ACT-5-2005, 3131 E. Alden Square, Encroachment into ROW. Bruch Ave Ruge. Ave Cordill. Ave Hollister Ave Czekai. . . . . . . . . ... . . . . . . . . . . . . Ave On a roll call vote, there were: Ayes: 5; Nays: 0; carried; unanimous. APPROVED. PLANNING BOARD MINUTES September 6, 2005 Page 21 d. ACT-6-2005, 100 Blk W Elm St, Sale of Property This request is by William & Francis Nakfoor to acquire City owned property on Elm Street in exchange for an easement across the west end of their property at 1114 (formerly addressed at 1108 S. Washington). The Nakfoors also own 1102 S. Washington and propose to use the subject property for additional parking. Note: An Act 285 was conducted in the past (Act-14-99) to sell the subject City owned property for the exchange of another property. Staff recommended approval of ACT-6-2005, 100 Blk W Elm St, Sale of Property. In Committee, the request was recommended for approval of the conveyance of the subject parcel to the applicant, provided: 1. That an easement of like value be granted by the applicant along western portion of 1114 S. Washington Avenue to the City of Lansing; 2. The use of the subject property be approved through the Site Plan Review process for the expansion of parking spaces, to include landscaping as required by Section 1290 of the Zoning Ordinance; 3. That any future use of the property prohibits billboards, signs, outdoor storage, and storage junk vehicles; and the motion carried unanimously (3-0). Mr. Ruge asked if there was an old gas station on the corner which is now an auto sales place. Ms. Stachowiak stated yes. He stated that this case came before the Board several years ago and the applicant was not able to complete the requirements because of some restriction on the use of the land. Mr. Rieske gave a brief overview of the case. Ms. Bruch stated that this is really steep and she was not sure if there was any space to add a trail. She asked if the City was getting an equal exchange cost wise. Mr. Rieske stated that this would be a trade. The value of the land was assigned by the City Assessor's Office and the easement that the City is getting in return would be of like value. The Planning Office is still working on the exact definition of the easement and before a City Council resolution is passed, he needs to have a legal description that is acceptable. PLANNING BOARD MINUTES September 6, 2005 Page 22 Ms. Bruch stated that it looks like it will be an interesting development and the City lot is empty. There is a gate that has already been cut through and she was wondering if the all of the fencing could be removed. Mr. Rieske stated that he is not familiar with the site plan review of this case. Ms. Stachowiak stated that the site plan review has already been done. Ms. Bruch asked if it is possible for the developer to even develop the park. It would be an amenity for the developer, the City would gain by having it developed into a park, and everyone would win in the situation. Mr. Rieske stated that this could be brought up and that it was not previously part of the negotiations. Mr. Larry Nakfor, Wenco Properties, stated that on the north side of the property, the cut was made in the fence to run the storm sewer down stream from the property to the north. It is not a gate. As far as future plans for the site, he stated that site is being acquired for the potential use of a restaurant and parking for the restaurant. He did not want there to be any misunderstandings as far as the potential use of the parcel. Ms. Bruch stated that she was referring to the parcel that the City owned and that she really liked the development. There will be people living there and it would seem that if this was developed, it would be an amenity for Mr. Nakfor's property to have a City park at this location. It would also be an amenity for the City. Mr. Nakfor stated that this is one of his interests and when someone is talking about giving up water frontage for a largely abandoned piece of property on Elm Street, this is a good deal for the taxpayers. His incentive for doing this is so that a plan for erosion control on the bank for the entire east side be discussed with the Department of Natural Resources, the City and each property owner along the east shore of the river. This is his incentive for the easement falling under the City's jurisdiction. Ms. Bruch inquired about the width of the easement. Mr. Rieske stated that it needs to be of like value and that it has not been completely determined yet. Ms. Bruch asked if Mr. Nakfor would be opposed to looking into the piece of property that the City owns right next the river and enter into some type of an agreement with the City as possibly developing the park. Mr. Nakfor stated that he PLANNING BOARD MINUTES September 6, 2005 Page 23 already presented a site plan to the City for the property located at 1114 as part of the ground for that site. He does not want to speak out of terms and say yes when he already has a site plan that shows parking lots on this property. Ms. Bruch stated that it is the property next to the river not the property being swapped. Mr. Nakfor stated that it would fall as much under what the City's plans are for that lot. Ms. Bruch asked if there was something that could start a conversation regarding the City parcel. Ms. Stachowiak stated yes. Mr. Rieske stated that he would take care of it. Ms. Bruch stated that it would create on wonderful space and it would help the developer and the City. Mr. Czekai made a motion, seconded by Mr. Ruge, to recommend approval of ACT-6-2005, 100 Blk W Elm St, Sale of Property. Bruch . . . . . . . . . . . . . . . . . . . . . . . Ave Ruge. . . . . . . . . . . . . . . . . . . . . . . . Ave Cordill. . . . . . . . . . . . . . . . . . . . . . . Ave Hollister . . . . . . . . . . . . . . . . . . . . . Ave Czekai. . . Ave . . . . . . . . . . . . . . . . . . . . On a roll call vote, there were: Ayes: 5; Nays: 0; carried; unanimous. APPROVED. Mr. Czekai asked for clarification of Committee members and stated that Mr. Frederick was temporarily sitting in and since the Committee is wrapping up the conversation, he will no longer be attending. Ms. Bruch stated because of her commitments with school, her schedule does not allow her to attend the 4:00 p.m. meetings on Wednesday. She can attend meetings scheduled before the Planning Board meetings. Mr. Czekai stated that it would be a lot easier if the Committee could have her as a permanent member. Ms. Stachowiak stated that for the remainder of this semester, the Planning Office will automatically send her packets for the UDC meetings rather than Z&O meetings. Next meeting, Tuesday, September 27, 2005, at 4:00 p.m. 316 N. Capitol Ave., Department Conference Room. 3. COMMITTEE OF THE WHOLE Ms. Bruch stated that she would like to set up a COW meeting to discuss the Planning Board goals. She asked when this could be done. Ms. Stachowiak asked if Ms. Bruch wanted to set up a COW PLANNING BOARD MINUTES September 6, 2005 Page 24 meeting or an Executive Committee meeting. Ms. Bruch stated she would like to set up a meeting with the Executive Committee. Ms. Stachowiak stated that she would have Sarah set up the meeting. 4. EXECUTIVE COMMITTEE — None. C. Report from Planning Manager Ms. Stachowiak stated that there is a push right now to get all privately owned benches out of the city. She said that it is her understanding that somebody from CATA is pushing this and has the ear of some of the elected officials in the City as well as some of the Department heads. She stated that staff is doing what they have been told which is to get all of the privately owned benches off the public right-of-way so that CATA can put down its own benches. The problem is that CATA will do them one at a time over the next 10 years and when you see these private benches right now, people are sitting on them. The benches are serving a good public purpose. Ms. Stachowiak stated that the private company is moving the benches from the right-of-way on to private property because then they figure now it is no longer a public service issue, but rather a planning issue. She stated that the Planning Office, Code Compliance and Building Safety have taken the position, and Mr. Ruff is supportive, that they will not require that they be removed from private property. Ms. Bruch asked who gave the order. Ms. Stachowiak stated that she does not know. Ms. Bruch stated that the Board needs to find out who gave the executive order and have them come talk to the Board. Ms. Stachowiak stated that it is her understanding that someone has instructed Dave Berridge, Public Service Director, to have his staff get these billboards removed. Ms. Bruch stated that Mr. Berridge needs to come before the Board and explain why he is doing this. Mr. Ruge stated that the City generally has to get a license to place items in the public right-of-way (i.e. signs). The benches probably do not have any kind of a license. He stated that they are probably talking about these advertising benches. Ms. Stachowiak stated that the license had expired years ago and was never renewed. In fact, the Board approved an ACT 285 review many years ago, in 1989 or 1990. According to the Public Service Department, the bench company has been great and whenever CATA has wanted to put a bench down in a particular location, the bench company has immediately gotten rid of theirs. The company has been really cooperative and the City has not considered getting a license agreement from them because they have not caused any problems and PLANNING BOARD MINUTES September 6, 2005 Page 25 these benches serve a good public purpose. Ms. Bruch asked if getting a license agreement would permit the benches to stay. Ms. Stachowiak stated that a license agreement would allow the benches to stay but it sounds as if some folks in the City have taken the position that they do not want the benches to stay. Ms. Bruch stated that this needs to be addressed because she believes that this would be a complete disservice to get rid of the benches. Mr. Czekai asked if the Board could request Mr. Berridge's presence at the next meeting. Ms. Stachowiak stated that she would ask. Mr. Czekai stated that the Mayor can give a directive to the department heads. Ms. Bruch asked if only the Mayor can give a directive and if someone on City Council can give a directive just like that. Mr. Czekai stated not individually and that it would have to come from the Mayor. Ms. Bruch stated that maybe the Board needs to send a letter to the Mayor saying that it disagrees with the stance about the benches and could he please do something about it. Ms. Bruch asked if Ms. Stachowiak could draft a letter to the Mayor. Ms. Stachowiak stated that she could. Ms. Stachowiak stated that City Council did approve the special land use for the Quakers church in Old Town. The other request has been pulled from the City Council agenda for further discussion by the Committee of the Whole. Ms. Stachowiak stated that when the Board has speakers, it is set up so that the speakers sign in and begin talking. It takes an extra minute or so for every person to do that. She stated that City Council has a sign up sheet in the back of the room where people can sign up as they walk in. She stated that the Board needs to start doing this. The Board will have it so that people can sign up as they come in, if they want to speak. Maybe it could be announced that if a person has not already signed up, after speaking please sign up at the back table. Mr. Czekai inquired about SLU-1-2005 and SLU-2-2005. Ms. Stachowiak stated that SLU-2-2005 has been tabled at City Council, and that the City of Lansing has entered into an agreement with the Quakers church and if approved, the other church would also have to include the same agreement that says: 1) They will not sell their church to another church and that it has to stay a Quaker church; and 2) That they will not object to liquor licenses at all. The City Attorney had drafted that agreement. Both churches are represented by their own council and have agreed with the terms. They felt that this covered the majority of the concerns. Ms. Stachowiak stated that the City Attorney advised the churches all along that they would have a very difficult time defending this in court, if it went there, given that they are agreeable to entering into this agreement that satisfies all the all the concerns. Ms. Bruch asked why the Board PLANNING BOARD MINUTES September 6, 2005 Page 26 was informed by the City Attorney that this would be useless. She stated that the reason why the Board voted the way it did was based on the City Attorney's recommendation. Ms. Stachowiak stated that the City Attorney did change the decision. Ms. Bruch stated that this is a huge concern because the Board was not getting the correct information. Mr. Czekai stated that it feels as though a) The Board is not getting accurate information at its level; and b) The Board's recommendations are not going anywhere. Ms. Stachowiak stated that 99 percent of the time City Council agrees with the Board. Mr. Czekai stated that it feels like on some of the more controversial issues City Council disagrees. He stated that it seems frustrating. Ms. Stachowiak stated that it is their neck on the line if they make a decision, and that they do take the Board's recommendations very seriously. Ms. Bruch stated that at this point it is just once case that City Council had turned over and it was because the Board received the wrong information. That to her, is the worst part. Ms. Stachowiak stated that Ms. Bruch had indicated that she would have voted in favor of the request which would have changed the vote to a majority vote. Ms. Stachowiak stated that when Paul Novak, the City Attorney, got involved in the case, he determined that there was a mechanism for doing the agreement. Ms. Stachowiak stated that there will be more of these requests and that the Board has had a lot of these types of request in the past. At least now the Board knows where it stands. Mr. Rieske stated that the City Council's role is different from the Board's role. The Board's role is to ensure that public participation happens, and that public input is received, acted upon and considered in the process. The Board's role also is to ensure that to the maximum feasible ability that a technically sound recommendation is presented to City Council. Mr. Rieske stated that City Council's job is to consider all of those things but also to weigh in political considerations that are not necessarily a part of the Board's actions. City Council's role as elected officials is to factor in those politics as well as the technical recommendation that they received both from staff and their citizen boards. Mr. Rieske stated that the Board can help to ensure City Council concurance with some of the recommendations (i.e. the conditions) by making sure that the Board is careful to add things like "further recommends that this happens". The Board needs to be careful that it doesn't attach conditions to cases and render it impossible. It things are attached as further recommendations which will be represented when the case goes to the Mayor and subsequently to City Council. This type of a move helps to build credibility. What the City does not want is to attach conditions such that babies are thrown out with bath waters. When this happens, the Board's credibility goes down hill. PLANNING BOARD MINUTES September 6, 2005 Page 27 Ms. Cordill stated that with SLU-1-2005, part of the issue is how Michigan law is. Had the State law been different, this would not have been an issue. Ms. Bruch asked the status of the ordinance. Ms. Stachowiak stated that the City Attorney is working on it and that she does not know the exact status of it. She will look into the matter. D. Pending Items: Future action required 1. Zoning and Ordinance Committee a. Z-1-1998, 1223 N.Turner St.,"H" Light Industrial District to"G-1" Business District(Tabled February 11, 1998) b. SLU-3-2002, 2710 N. Grand River Ave., Church in the"F"Commercial District& "J" Parking District(Tabled May 15,2002) C. Z-7-2005, South 99 Feet of 600 E. Kalamazoo Street, "B"Residential District to "I"'Commercial District(Tabled July 13, 2005) 2. Urban Development Committee a. Act-9-2000,201 E. Grand River Avenue, Proj.Sign Over ROW (Tabled June 27,2000) b. Master Plan Project C. Act-1-2003, SE Corner Michigan&Washington, Lot 3, Block 111, Orig Plat, Vacate Alley(part) (Tabled on April 29,2003) 3. Committee of the Whole 4. Planning Board 5. Board Member Code Enforcement Notification Reports a. Teen Challenge-wood privacy fence(May 20,2003) b. Dollar Store-Willow Street& MLK Blvd. -landscaping &buffering (May 20, 2003) C. Grovenburg property-dumpster in ROW (July 1,2003) d. 2714 W.Jolly Road-church with large statue in front yard (January 20,2004) e. 545 Baker Street- Mount Hope Church outreach (April 20,2004) f. W.Willow Street-Grace Tabernacle Church-no landscaping (May 4, 2004) g. Michigan Ave&Shepard Street-sign business-several banner signs nailed to the outside of building (May 4,2004) h. 2702 S. Cedar Street-no landscaping (May 18,2004) i. Michigan Ave&Virginia Street-Sparrow Hospital property-no screening and buffering (October 5,2004) j. 2410 S. Pennsylvania Ave. -no landscaping (November 3, 2004) k. Keeps Party Store-Aurelius Rd- illegal signs (February 15,2005) I. 400 Allen Street-small port holes for windows (April 19, 2005) M. 2200 W. Holmes Road- Bad Habits-excessive signs (May 3, 2005) n. 704 S. Clemens Street-"For Sale"items (May 3, 2005) o. Corner of Aurelius&Cavanaugh Rds-Citgo Gas Station-high grass/weeds (July 5,2005) 8. NEW BUSINESS — None. 9. COMMENTS FROM CHAIRPERSON Ms. Bruch stated that she was happy to see the big billboards come down and was so dishearted to see them go back up right at Saginaw Street and Grand River Avenue. She stated that at Saginaw Street and Coolidge Road there are PLANNING BOARD MINUTES September 6, 2005 Page 28 two huge billboards. The billboards were taken down, some work was done and then the billboards were put back up. She asked Ms. Stachowiak to look into the matter. She stated that she would like to revisit the billboard issues. 10. COMMENTS FROM BOARD MEMBERS Ms. Cordill stated for Executive Committee, she would be able to make the meeting a lot easier if it were the same night as a Board meeting than a separate night. Ms. Stachowiak asked if 6:00 p.m. would work. Ms. Bruch stated it would give the Executive Committee an hour and that would work. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS — None. 12. ADJOURNMENT - Meeting was adjourned at 9:35 p.m. Respectfully submitted, James A. Ruff, secretary, Planning Board PBMinutes.090605.doc Approved as written 9-6-05 Draft to Clerk August 5,2005 Approved September 6,2005 To Clerk September 7,2005 Minutes of the Regular Meeting LANSING PLANNING BOARD 7:00 p.m., Tenth Floor, Council Chambers Lansing City Hall Wednesday, August 3, 2005 1. OPENING SESSION The meeting was called to order at 7:05 p.m. by Ms. Cordill, Vice Chair. A. Roll call: Present: Frederick, Ruge, Cordill. B. Staff Attending: Stachowiak. C. Excused absences: Bruch, Czekai, Hollister. 2. HEARINGS A. PRD-1-2005, Planned Residential Development, Proposed Site Condominiums - East end of Wayne Street This is a request by Bob Creagh & Lynnette Wilkes for approval of a Planned Residential Development. The subject property is Lot 23 of Supervisor's Plat of Culver-Dale Subdivision and is located at the east end of Wayne Street, on the south side of the road. The applicant is proposing the construction of 8 single family detached condominiums. Ms. Stachowiak gave a brief overview. Mr. Ruge inquired about floor plans, building elevations and landscaping. Ms. Stachowiak stated that she would have the applicant provide this information for the Z&O Committee meeting. Mr. Frederick asked why this land was not being platted. Ms. Stachowiak stated that the land is already platted and as such, it can only be split four times without being re-platted. Re-platted requires a Circuit Court action to vacate the original plat. It is a lengthy process and can take up to 2 years to complete. Ms. Stachowiak stated that the condominium option, which the applicant is proposing, results in the same style of development and is a much shorter and less involved process. Mr. Bob Creagh, resident of 2626 Walmar Drive, stated that there is a $70,000 assessment on the property and that the new homes will range from $139,000 to $200,000. The homes will be approximately 2,000 square feet and will have nice large lots. He stated that he would like to PLANNING BOARD MINUTES August 3, 2005 Page 2 market the homes to City employees. He stated that there are only four houses on the street and that it is a very quiet neighborhood. Mr. Ruge inquired if there would be snout houses. Mr. Creagh stated that there would not be snout houses. Mr. Alvin Jones, resident of 1518 Lockbridge Drive, stated that he owns the property across the street and that he is concerned with traffic and parking. Mr. Paul Perry, resident of 2115 Wayne Street, stated that he would prefer one house instead of eight houses. Mr. Ron Sutberry, resident of 2208 E. Cavanaugh Road, stated that he is opposed to the eight condominiums because it would be too crowded. Ms. Jackie Smith, resident of 2019 Wayne Street, stated that she is concerned about maintaining a residential area and that currently there are no sidewalks along Wayne Street for pedestrians. She stated that the condominiums would increase traffic on Wayne Street which could create a safety problem. Ms. Laurie Sutberry, resident of 2208 E. Cavanaugh Road, stated that she is opposed to the condominium development and that there would be too many units. The increase will cause crime and traffic problems. She stated that the condominiums would have small lots in comparison to other lots in the immediate area. Mr. Frederick inquired about why there are no sidewalks on Wayne Street. Ms. Stachowiak said that she would ask the Public Service Department. Seeing no one else wishing to speak, Ms. Cordill closed the public hearing and referred PRD-1-2005, Planned Residential Development, Proposed Site Condominiums - East end of Wayne Street to the Zoning and Ordinance Committee, scheduled to meet on August 10, 2005 at 4:00 in the Planning and Neighborhood Development Conference Room at 316 N. Capitol Avenue. B. Z-9-2005, 4913 N. Grand River Avenue, "A" Residential District to "F-1" Commercial District This is a request by A&D Development to rezone the property at 4913 N. Grand River Avenue, more specifically described as: LOT 15 WESTMONT SUB, CITY OF LANSING, INGHAM COUNTY, MICHIGAN PLANNING BOARD MINUTES August 3, 2005 Page 3 from "A" Residential to "F-1" Commercial district, for the purpose of utilizing the existing building for commercial and office uses. Ms. Stachowiak gave a brief overview. Mr. Frederick inquired about the types of uses that would be permitted on the property if it were rezoned to "F" Commercial. Ms. Stachowiak stated that the "F" Commercial district permits office, retail, restaurant, car sales and a variety of other uses. However, in this case, the small size of the site and the limited amount of parking will greatly restrict the types of uses that could actually locate on the property. Ms. Cordill inquired about the possibility of the site being zoned "D-1" Professional Office since the applicant is proposing office uses. Ms. Stachowiak stated that the staff report for the Z&O Committee meeting would address this matter. Mr. Frederick asked about the required landscape, screening and buffering for this property, if the rezoning is approved. Ms. Stachowiak stated that there would have to be a buffer strip behind the building, adjacent to the residentially zoned land to the south. Mr. Clyde Alcox, P.O. Box 12275, stated that there is no room for buffering behind the building and that the lot behind the building is a parking lot. Seeing no one else wishing to speak, Ms. Cordill closed the public hearing and referred Z-9-2005, 4913 N. Grand River Avenue, "A" Residential District to "F-1" Commercial District to the Zoning and Ordinance Committee, scheduled to meet on August 10, 2005 at 4:00 in the Planning and Neighborhood Development Conference Room at 316 N. Capitol Avenue. 3. COMMENTS FROM THE AUDIENCE (5 minutes each) Ms. Mary Swift, resident of 6201 W. Mt. Hope Road, stated that she owns the property located at 2125 Irene Court and the pond. She is concerned about liability. Mr. Jim Froehlich, CATA, stated that he was asked to attend this meeting regarding the proposed rezoning on Jolly Road. Ms. Stachowiak stated that the public hearing was rescheduled for September 6, 2005 and that she would contact Mr. Froehlich before the meeting. 4. ADJOURNMENT - Meeting was adjourned at 7:47 p.m. PLANNING BOARD MINUTES August 3, 2005 Page 4 Respectfully submitted, ,f. James A. Ruff, Secretary, Planning Board PBMinutes.080305.doc Approved as written 9-6-05 Draft to Clerk July 27,2005 Approved September 6,2005 To Clerk September 7,2005 Minutes of the Regular Meeting LANSING PLANNING BOARD 7:00 p.m., Tenth Floor, Council Chambers Lansing City Hall Tuesday, July 19, 2005 1. OPENING SESSION The meeting was called to order at 7:05 p.m. by Ms. Cordill, Vice Chair. A. Roll call: Present: Ruge, Cordill, Czekai, Hollister. B. Staff Attending: Stachowiak. C. Excused absences: Frederick, Bruch. D. Absent: None. Mr. Czekai made a motion, seconded by Mr. Hollister to approve an excused absence request from Mr. Frederick for tonight's meeting. On a voice vote, the motion carried unanimously (4-0). Mr. Czekai requested an excused absence for the August 3rd meeting. Mr. Ruge made a motion, seconded by Mr. Hollister to approve an excused absence request from Mr. Czekai for the August 3rd meeting. On a voice vote, the motion carried unanimously (4-0). Mr. Hollister requested an excused absence for the August 3rd meeting. Mr. Czekai made a motion, seconded by Mr. Ruge to approve an excused absence request from Mr. Hollister for the August 3rd meeting. On a voice vote, the motion carried unanimously (4-0). 2. APPROVAL OF AGENDA Mr. Czekai made a motion, seconded by Mr. Hollister to approve the agenda. On a voice vote, the motion carried unanimously (4-0). 3. COMMUNICATIONS A. Petition of support regarding NCU-1-2005 4. HEARINGS — None. PLANNING BOARD MINUTES July 19, 2005 Page 2 5. COMMENTS FROM THE AUDIENCE (5 minutes each) Seeing no one wishing to address the Board, Ms. Bruch closed the public comment period. 6. RECESS was not taken by the Board. 7. BUSINESS SESSION A. Minutes for Approval — July 5, 2005 Mr. Czekai moved; seconded by Mr. Hollister to approve the minutes of July 5, 2005 without corrections. On a voice vote, the motion carried unanimously (4-0). The minutes of July 5, 2005 were APPROVED. B. Committee Reports 1. ZONING AND ORDINANCE COMMITTEE, Mr. Ruge, Chair a. LS-15-2005, 1725 Dell Road, Lot Split This is a request by Orville & Barbara Starkey to divide the property at 1725 Dell Road into 4 separate parcels of land. Section 1236.07(d) allows a maximum width to depth ratio of to 2.5 for residential lots. If approved, 3 of the resulting lots would have a width to depth ratio that exceeds 1 to 2.5. The proposed width to depth ratios are 1 to 2.97, 1 to 3.08 and 1 to 3.48. Therefore, variances from the design requirements of the subdivision regulations are requested. Staff recommended approval of the request based upon the compatibility of the proposed lots sizes with the surrounding area. In Committee, the request was recommended for approval and the motion carried unanimously (3-0). Mr. Ruge made a motion, seconded by Mr. Hollister, to recommend approval of LS-15-2005, 1725 Dell Road, Lot Split. Ruge. . . Ave Cordill. . . . . . . . . . . . . . . . . . . . . . . Ave Hollister . . . . . . . . . . . . . . . . . . . . . Ave Czekai. . . . . . . . . . . . . . . . . . . . . . . Ave On a roll call vote, there were: Ayes: 4; Nays: 0; carried; unanimous. APPROVED. PLANNING BOARD MINUTES July 19, 2005 Page 3 b. Z-5-2005, 2211/2213 Turner Street, "A" Residential District to "C" Residential District This is a request by Andreas Kaliyanakis to rezone the property at 2211/2213 Turner Street, more specifically described as: Lot 13, except the West 24 feet, Fairhaven Subdivision, City of Lansing, Ingham County, Michigan from "A" Residential District to "C" Residential District for the purpose of combining the existing structures at this location for use as a duplex. Staff recommended approval of Z-5-2005, 2211/2213 Turner Street, "A" Residential District to "C" Residential District. In Committee, the request was recommended for approval and the motion carried unanimously (4-0). Mr. Ruge made a motion, seconded by Mr. Hollister, to recommend approval of Z-5-2005, 2211/2213 Turner Street, "A" Residential District to "C" Residential District Ruge. . . . . . . . . . . . . . . . . . . . . . . . Ave Cordill. . . . . . . . . . . . . . . . . . . . . . . Ave Hollister Ave Czekai. Ave On a roll call vote, there were: Ayes: 4; Nays: 0; carried; unanimous. APPROVED. C. Z-6-2005, West 24 Feet of Vacant Property, 800 Block of Louisa Street, "DM-3" Residential District to 11D-1" Professional Office District This is a request by a request by Don Morton to rezone the west 24 feet of the property located on the north side of the road, between 739 & 835 Louisa, more specifically described as: East 24 Feet of South 144.25 Feet, Lot 89 Supervisors Plat No. 3, T3N R2W, City of Lansing, Ingham County, Michigan PLANNING BOARD MINUTES July 19, 2005 Page 4 from "DM-3" Residential District to "D-1" Professional Office District for the purpose of constructing an office building with associated parking on the subject property. Staff recommended approval of Z-6-2005, West 24 Feet of Vacant Property, 800 Block of Louisa Street, "DM-3" Residential District to "D-1" Professional Office District. In Committee, the request was recommended for approval and the motion carried unanimously (4-0). Mr. Ruge made a motion, seconded by Mr. Hollister, to recommend approval of Z-6-2005, West 24 Feet of Vacant Property, 800 Block of Louisa Street, "DM-3" Residential District to "D-1" Professional Office District. Ruge. . . Ave Cordill. . . . . . . . . . . . . . . . . . . . . . . Ave Hollister . . Ave Czekai. . . Ave On a roll call vote, there were: Ayes: 4; Nays: 0; carried; unanimous. APPROVED. d. Z-7-2005, South 99 Feet of 600 E. Kalamazoo Street, "B" Residential District to "F" Commercial District Mr. Ruge stated the Committee discussed the case quite a bit and saw some good possibilities. But with the neighborhoods, some strong opposition and the fact that there has not been any discussions between the neighborhood and the developer, the Committee thought it was best to table the request to allow them to get together and try to work something out. Next meeting, Wednesday, August 10, 2005 at 4 p.m. 316 N. Capitol Avenue, Department Conference Room. 2. URBAN DEVELOPMENT COMMITTEE, Mr. Czekai, Chair Next meeting, Tuesday, July 26, 2005, at 4:00 p.m. 316 N. Capitol Ave., Department Conference Room. Mr. Czekai made a motion, seconded by Mr. Ruge to dissolve into the Committee of the Whole. On a Voice Note, the motion carried unanimously (4-0). PLANNING BOARD MINUTES July 19, 2005 Page 5 Ms. Cordill asked for a volunteer for the Committee of the Whole. Mr. Ruge agreed to Chair. 3a. COMMITTEE OF THE WHOLE — Mr. Ruge, Acting Chair. a. NCU-1-2005: Special Land Use Permit, 1124/1126 Pulaski, Class "A" Nonconforming Status The applicant, Michelle Griffin, is requesting a Class "A" nonconforming status to permit the expansion of a nonconforming use. More specifically, the applicant has two houses on one lot that is zoned for single family use. The house to the rear of the property (1124 Pulaski) sustained fire damage some time ago. The applicant desires to reconstruct the second floor of this house and construct a new front porch. Since the property is nonconforming, a building permit cannot be approved by the Planning Office for this work, unless a Class A Nonconforming Status is approved by the Planning Board. Ms. Stachowiak gave a brief overview. She stated that the request was tabled at the last meeting and the Board asked for additional background information on the property, the history with the Code Compliance Office in terms of violations, and input from the neighborhood and various City offices. She stated that an agency referral was mailed and the Planning Office received comments from several of the agencies, some of which were not available when the staff report was written. The Building Safety Office made a few comments about whether the foundation will even support the additional weight of a second floor and that the applicant will have to add some emergency escape and rescue openings per the current code. The Code Compliance Office noted that there has been a number of violations over the years and that it is hopeful that the new owner will improve the property. With this being the case, the Code Compliance Office is supportive of the NCU. Comments were received from the City Assessor's Office and the Development Office as no comments. Board of Water and Light (electric and water) have recommended approval of the NCU. Public Service recommended a separate sanitary leave for each building on the property, if not already done. Ms. Stachowiak stated that there is no neighborhood organization that includes this property. In lieu of that, the PLANNING BOARD MINUTES July 19, 2005 Page 6 property owner went out and canvassed the neighborhood and has a petition that was passed out this evening. The petition was signed by 25 residents in the immediately area expressing their support of the NCU. Ms. Stachowiak gave a brief overview of the violations in the past. Both buildings have current and valid rental registration certificates. Both buildings were red tagged briefly back in 2004 when a previous owner owned this property. That owner brought the buildings back up to code relatively quickly. The red tags were removed and the owner has had valid certificates ever since. She stated that the Code Compliance Office provided a list which is just beyond the staff report in the packet that shows the violations over the past 6 years. The Board can see that there are a number of things in terms of correction notices. There is quite a history and the buildings have been in good shape lately and everyone is hopeful that these property owners will further improve things. Mr. Czekai stated that in Committee, some of the concerns were with the exterior of the buildings. Ms. Stachowiak stated the reason for that is the applicants have applied for some permits to do work on the house. In the staff report, she indicated that there is some work that has already been done, specifically in terms of electrical, mechanical and plumbing. Because the buildings are nonconforming, the applicants are limited to 35% of the value of this entire property that they can put into it, which is not a whole lot of money. It is just a few thousand dollars. The applicants are at the maximum and that is one of the reasons why they are here. The applicants cannot put new siding on this property unless the Board approves the NCU. Mr. Ruge stated that the drawing indicates 24 inch blown in insulation in the porch roof. He asked if the porch would be used as living space or if it would all be enclosed. Ms. Stachowiak stated that she is not sure. Mr. Joe Lewis, property owner, stated that it is not a porch and that it would be an addition to the front of the house. The front of the house would be brought forward and that it will be living space. It will be insulated, heated and the whole nine yards. PLANNING BOARD MINUTES July 19, 2005 Page 7 Ms. Cordill stated that she is trying to picture what the building may look like with a second story addition. Mr. Ruge stated that she could get an idea from the drawing. Mr. Lewis stated that if the Board looked at the top of the house where it is pitched, there was a fire there and that is why it is slanted. An entire room was taken out. They propose to bring the pitch up to the middle of the house to make it a normal roof. Ms. Cordill stated like a gable pitch. Mr. Lewis stated that it will be centered normal, 18 feet, and the addition will be at the bottom of the floor. He stated that the second floor will basically be restored to how it actually was. Mr. Hollister asked if the Board should say instead of one year from this approval it should be approval by City Council. Ms. Stachowiak stated that the Board is the final approving authority on NCUs. This request does not go before City Council. Mr. Czekai made a motion, seconded by Mr. Hollister to recommend approval of NCU-1-2005: Special Land Use Permit, 1124/1126 Pulaski, Class "A" Nonconforming Status with the conditions that the all work is completed within one year from the date of this approval and that the driveway and rear parking pad be hard surfaced in accordance with the dimensional requirements of the Zoning Ordinance for driveways in a Single Family Residential Zoning District. On a voice vote, the motion carried unanimously (4-0). Mr. Czekai made a motion, seconded by Mr. Hollister to arise from the Committee of the Whole. On a Voice Note, the motion carried unanimously (4-0). 3b. COMMITTEE OF THE WHOLE — Mr. Ruge, Acting Chair. a. NCU-1-2005: Special Land Use Permit, 1124/1126 Pulaski, Class "A" Nonconforming Status The applicant, Michelle Griffin, is requesting a Class "A" nonconforming status to permit the expansion of a nonconforming use. More specifically, the applicant has two houses on one lot that is zoned for single family use. The house to the rear of the property (1124 Pulaski) sustained fire damage some time ago. The applicant desires to reconstruct the second floor of this house and construct a new front porch. Since the property is nonconforming, a building permit cannot be approved by the Planning Office PLANNING BOARD MINUTES July 19, 2005 Page 8 for this work, unless a Class A Nonconforming Status is approved by the Planning Board Mr. Ruge gave a brief overview of the Committee of the Whole discussion. Mr. Ruge made a motion, seconded by Mr. Hollister, to recommend approval of Z-6-2005, West 24 Feet of Vacant Property, 800 Block of Louisa Street, "DM-3" Residential District to "D-1" Professional Office District with the following conditions: 1) That the all work is completed within one year from the date of this approval; and 2) That the driveway and rear parking pad be hard surfaced in accordance with the dimensional requirements of the Zoning Ordinance for driveways in a Single Family Residential Zoning District. Ruge. . . . Ave Cordill. . . Aye Hollister Ave Czekai. Ave On a roll call vote, there were: Ayes: 4; Nays: 0; carried; unanimous. APPROVED. 4. EXECUTIVE COMMITTEE — None. C. Report from Planning Manager— None. D. Pending Items: Future action required 1. Zoning and Ordinance Committee a. Z-1-1998, 1223 N.Turner St.,"H" Light Industrial District to"G-1" Business District(Tabled February 11, 1998) b. SLU-3-2002,2710 N. Grand River Ave., Church in the"F"Commercial District& "J"Parking District(Tabled May 15,2002) C. Z-7-2005, South 99 Feet of 600 E. Kalamazoo Street,"B"Residential District to "F"Commercial District(Tabled July 13,2005) 2. Urban Development Committee a. Act-9-2000,201 E. Grand River Avenue, Proj. Sign Over ROW (Tabled June 27,2000) b. Capital Improvements Program (CIP) C. Master Plan Project d. Act-1-2003, SE Corner Michigan &Washington, Lot 3, Block 111, Orig Plat, Vacate Alley(part)(Tabled on April 29,2003) 3. Committee of the Whole 4. Planning Board 5. Board Member Code Enforcement Notification Reports a. Teen Challenge-wood privacy fence(May 20,2003) b. Dollar Store-Willow Street& MLK Blvd.-landscaping &buffering (May 20, 2003) C. Grovenburg property-dumpster in ROW (July 1,2003) d. 2714 W.Jolly Road-church with large statue in front yard (January 20,2004) e. 545 Baker Street-Mount Hope Church outreach (April 20,2004) f. W.Willow Street-Grace Tabernacle Church-no landscaping (May 4,2004) PLANNING BOARD MINUTES July 19, 2005 Page 9 g. Michigan Ave&Shepard Street-sign business-several banner signs nailed to the outside of building (May 4,2004) h. 2702 S. Cedar Street-no landscaping (May 18,2004) i. Michigan Ave&Virginia Street-Sparrow Hospital property-no screening and buffering (October 5,2004) j. 2410 S. Pennsylvania Ave.-no landscaping (November 3,2004) k. Keeps Party Store-Aurelius Rd-illegal signs (February 15, 2005) I. 400 Allen Street-small port holes for windows(April 19, 2005) M. 2200 W. Holmes Road-Bad Habits-excessive signs(May 3,2005) n. 704 S. Clemens Street-"For Sale"items (May 3,2005) o. 3610 Callihan Court-check for registered rental (July 5,2005) P. 811 Luwanna Drive-too many people living in a rental unit(July 5,2005) q. Corner of Aurelius&Cavanaugh Rds-Citgo Gas Station-high grass/weeds (July 5,2005) r. Southeast corner of Grand River&Capitol Avenues-tall grass/weeds(July 5, 2005) With item 5o, Ms. Stachowiak stated that it is a registered rental with a valid certificate. With item 5p, the address is incorrect. With items 5q and 5r, both have been submitted for cutting by the City's contractor and should be done by the next meeting. With item 51, the Building inspector stated that the windows are in violation of the Building code. 8. NEW BUSINESS A. Wood Street Truck Prohibition Study Ms. Stachowiak stated that a group of Lansing Township residents, calling themselves "Save Groesback, Save Lives", is opposed to the truck traffic on Wood Street and is petitioning the Ingham County Road Commission to prohibit trucks from using Wood Street. If this happens, the ICRC has to find an alternate route for the trucks, and that route would essentially involve sending all the truck traffic down Lake Lansing Road. The City of Lansing Transportation Department, Public Service Department, Traffic Advisory Report Board and the Police Advisory Board object to this. The Planning Office is bringing this request before the Board tonight because it would like to have the Board's opinion as well. She stated that the ICRC is holding a public hearing on this matter this Thursday and the City Transportation engineers will be attending and would like to express the opinions of all the City Boards. Ms. Stachowiak stated that one of the items mentioned in the document is that the houses along Wood Street sit back significantly further than the houses along Lake Lansing Road, some of which are very close to the front property lines. Any negative affects that are being felt by the PLANNING BOARD MINUTES July 19, 2005 Page 10 residents on Wood Street will be felt at least twice as badly by the residents along Lake Lansing Road. Furthermore, Lake Lansing Road is a major street. It is designed to carry a high volume of traffic but not necessarily designed to carry the volume of traffic it is carrying now plus all the traffic that would be forced on to it by another street. It is a less direct route for the trucks to get to the freeway so they would have to travel even further on City Roads, which has a negative impact on the City's infrastructure altogether. For these reasons, the staff and Boards who have reviewed the request, are opposed to it. The Planning Office would like to have the Board's official opinion by way of a motion. Mr. Hollister asked where the trucks would be coming from and where would they be going. Ms. Stachowiak stated that the problem is more with the northbound traffic than it is with the southbound traffic. Mr. Hollister said the trucks would be traveling down Grand River, turning on Wood Street and heading north. He asked where the trucks would be headed. Ms. Stachowiak stated she was not sure. Mr. Czekai asked if Granger was along there. Mr. Hollister stated that Granger does have something along Wood Street. Mr. Ruge stated that there is a place that recycles concrete. Ms. Stachowiak stated another item mentioned in the study was that nobody likes to see huge trucks going up and down this street and nobody wants the noise, vibrations or the exhaust. She stated that there has never been an accident, especially one involving a truck on Wood Street. A discussion ensued regarding north and south routes, including Larch Street, US 127, Chandler Road, Abbot Road and possibly High Street. Mr. Ruge stated that Wood Street is pretty wide, the posted speed is 35 mph and speeding is encouraged because of the construction of the road. He thinks that the County could help by doing some striping for bike lanes and perhaps it would help the pedestrians. Ms. Cordill stated that there are no sidewalks down towards the houses immediately north of the toll gate wetlands. By Lake Lansing Road there are some sidewalks. Mr. Ruge stated that if some improvements (i.e. sidewalks, bike lanes, narrowing of lanes) like these were made, slower trucks create less noise and less vibration. He stated that this would be a safer situation. Ms. Stachowiak stated that she can transmit these comments along with the Board's recommendation. Mr. Czekai made a motion, seconded by Mr. Hollister to oppose the request by "Save Groesback, Save Lives" and to support the Wood Street Truck Prohibition Study. On a voice vote, the motion carried unanimously (4-0). PLANNING BOARD MINUTES July 19, 2005 Page 11 Mr. Ruge offered a friendly amendment to encourage the Ingham County Road Commission to install traffic calming measures on Wood Street. 9. COMMENTS FROM CHAIRPERSON — None. 10. COMMENTS FROM BOARD MEMBERS — None. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS — None. 12. ADJOURNMENT - Meeting was adjourned at 7:40 p.m. Respectfully submitted, James A. RuF, Secretary, Planning Board PBMinutes.071905.doc Approved as written 7-19-05 Draft to Clerk July 13,2005 Approved July 19,2005 To Clerk August 1,2005 Minutes of the Regular Meeting LANSING PLANNING BOARD 7:00 p.m., Tenth Floor, Council Chambers Lansing City Hall =<' Tuesday, July 5, 2005 1. OPENING SESSION i The meeting was called to order at 7:00 p.m. by Ms. Bruch, Chair. ; A. Roll call: Present: Frederick, Bruch, Ruge, Czekai, Hollister. B. Staff Attending: Stachowiak. C. Excused absences: Cordill. D. Absent: None. Mr. Czekai made a motion, seconded by Mr. Frederick to approve an excused absence request from Ms. Cordill for tonight's meeting. On a voice vote, the motion carried unanimously (5-0). 2. APPROVAL OF AGENDA Mr. Czekai made a motion, seconded by Mr. Hollister to approve the agenda. On a voice vote, the motion carried unanimously (5-0). 3. COMMUNICATIONS A. Letter from Mr. Carl Levin regarding Community Development Block Grants (CDBG) 4. HEARINGS A. Z-5-20055 2211/2213 Turner Street, "A" Residential District to "C" Residential District This is a request by Andreas Kaliyanakis to rezone the property at 2211/2213 Turner Street, more specifically described as: Lot 13, except the West 24 feet, Fairhaven Subdivision, City of Lansing, Ingham County, Michigan from "A" Residential District to "C" Residential District for the purpose of combining the existing structures at this location for use as a duplex. Ms. Stachowiak gave a brief overview. PLANNING BOARD MINUTES July 5, 2005 Page 2 Mr. Ruge asked if there was a reason why the applicant did not apply for a lot split and have two nonconforming lots. Ms. Stachowiak stated that the applicant could do it that way and that the applicant would have to not only apply for two nonconforming lots but because the structure are so close to each other, the lot line would have to run between them, and the applicant would also need variances from the Board of Zoning Appeals for setback purposes. The applicant may also run into other variances (i.e. lot coverage, possibly more front and rear setbacks). The applicant would need the minimum side yard setbacks as well. She stated that it would be a pretty involved process and that if this request is not approved, this might be the way the applicant chooses to go the second time around, if it comes to that. Mr. Ruge inquired about parking. Ms. Stachowiak stated that staff would need to make some recommendations on parking. Currently there is an unimproved drive that runs right off of Turner Street and it sort of runs right in front of the house. This is the existing driveway. If the request is approved and the applicant is able to connect the two structures, a driveway would be placed elsewhere on the property so that parking would be in the back yard or in the side yard rather than the front yard as it is currently. Mr. Andreas Kaliyanakis, applicant, stated that these two houses have been here for a long time. The first home is currently a rental unit and is a very nice place to live. The other house is a very nice house but because the homes are on the same property, he cannot do anything about it. He spoke with the Planning Department and came up with the idea to make a duplex out of it. If the request is approved, he plans to put siding on the duplex and make it much better than what it is right now. He stated that the City would benefit because the property taxes would increase and it will fit the character of the surrounding properties. The other homes in the neighborhood are much better than his and he intends to make the duplex a nice place. He stated that in the back, there is enough room to have two cars or more for parking. After he makes some improvements to the houses, he will put in a couple of decks. He has lived in Lansing for 30 years and is now retired. He plans on staying in the area and needs a house. He lives in his wife's house. His wife unfortunately has diabetes and is not in very good health. If something happens to her, he has to have a house to live in. Right now he is not going to move in to the vacant house. But in the future, he will do it if he outlives his wife. He believes for this reason the Board needs to make this possible for him. He stated that it would be good for everyone involved. Ms. Bruch inquired about the vacant home. Ms. Stachowiak stated one of the houses has been vacant for so long and because it was nonconforming, it has lost its ability to go back to being used for any PLANNING BOARD MINUTES July 5, 2005 Page 3 purpose right now. The property is zoned for single family and the applicant can only use one of the houses for single family purposes. The other house sat vacant for so long that it lost its nonconforming status and there is no way to get that back except through a rezoning, or the alternative would be to split the lots. Ms. Bruch asked about back yard setbacks and stated that the second house was very close to the back. Ms. Stachowiak stated that the new addition should meet the rear yard setback. If it does not, the applicant would have to before the Board of Zoning Appeals. Ms. Bruch asked if it currently meets the requirement. Ms. Stachowiak stated it does not currently meet the requirement but it is there and the applicant does not need to apply for a variance. If the applicant draws a new lot line, he has to get a variance between the house and the new line. Seeing no one else wishing to speak, Ms. Bruch closed the public hearing and referred Z-5-2005, 2211/2213 Turner Street, "A" Residential District to "C" Residential District to the Zoning and Ordinance Committee, scheduled to meet on July 13, 2005 at 4:00 in the Planning and Neighborhood Development Conference Room at 316 N. Capitol Avenue. B. Z-6-2005, West 24 Feet of Vacant Property, 800 Block of Louisa Street, "DM-3" Residential District to "D-1" Professional Office District This is a request by a request by Don Morton to rezone the west 24 feet of the property located on the north side of the road, between 739 & 835 Louisa, more specifically described as: East 24 Feet of South 144.25 Feet, Lot 89 Supervisors Plat No. 3, T3N R2W, City of Lansing, Ingham County, Michigan from "DM-3" Residential District to "D-1" Professional Office District for the purpose of constructing an office building with associated parking on the subject property. Ms. Stachowiak gave a brief overview. Mr. Frederick inquired about what other business could be included in the "D-1" Professional Office District. Ms. Stachowiak stated that the "D-1" Professional Office District allows office use, a bank or a savings and loan institution, residential use (single family, duplex or multiple up to the "DM-1" density). The most intense use that the "D-1" Professional Office District permits is a hair salon or barber shop. PLANNING BOARD MINUTES July 5, 2005 Page 4 Mr. Thomas Plumhoff, representative for the applicant, stated that the surrounding land was developed by Mr. Morton back in the 1960s and he built three office buildings in the Louisa Street section and he built five apartment buildings which surround this parcel. This parcel was left from the total development. Mr. Morton has sold off several of the parcels over the years and he currently owns two of the apartment buildings: the apartment building across the street and the 33-unit apartment building on the adjoining land to this site. In the process of permitting these individual buildings, this parcel was left. When he checked to find out about developing this last lot, he found that the line of the zoning is 24 foot from the edge of his property line. He did speak with Planning staff and talked about the site plan review. He was given information but he was led to believe that when the parking of the apartments and the office was being adjoined, that parking could be right up to the lines. Consequently, this is the way he ended up drawing the site plan. He realizes that he needs site plan approval or whatever it takes. He needs the zoning approved as a first step. He realizes that he needs to have a suitable site plan to fit this site. Mr. Frederick stated that the staff report indicates that the Old Everett Neighborhood Association made comments and that it was not attached to the report. Ms. Stachowiak stated that Ms. Emily Horne had contacted Mr. Michael Wee, the Planner who wrote the report, and said that she was faxing her comments. Mr. Wee never received the comments. In the meantime, the report went to the secretary. The Planning Office does not have Ms. Horne's comments yet but the neighborhood association will be responding. Seeing no one else wishing to speak, Ms. Bruch closed the public hearing and referred Z-6-2005, West 24 Feet of Vacant Property, 800 Block of Louisa Street, "DM-3" Residential District to "D-1" Professional Office District to the Zoning and Ordinance Committee, scheduled to meet on July 13, 2005 at 4:00 in the Planning and Neighborhood Development Conference Room at 316 N. Capitol Avenue. C. Z-7-2005, South 99 Feet of 600 E. Kalamazoo Street, "B" Residential District to "F" Commercial District This is a request by Thomas & Saad Karana to rezone the south 99 feet of the property at 600 E. Kalamazoo Street, more specifically described as: West 9 % Rods of Lots 1, 2 & 3, Block 236, Original Plat, City of Lansing, Ingham County, Michigan from "B" Residential District to "F" Commercial District for the purpose of demolishing the existing residential homes and constructing a shopping center/parking lot on the subject property. PLANNING BOARD MINUTES July 5, 2005 Page 5 Ms. Stachowiak gave a brief overview. Mr. Ruge inquired about buffering and what would be required on the south side of the property. Ms. Stachowiak stated that the only thing that would be required adjacent to the residential area to the south is an 8 foot landscaped buffer and would have to include trees, one for each 30 linear feet of buffering, and shrubs, five for each 20 linear feet. Ms. Stachowiak stated that nothing else is required to separate the two properties. This would be from the parking lot to the side property line or to the south property line. For a building if it were to be rezoned to "F" Commercial District, the required rear yard setback on the building would be 20 feet. There could be a good building buffer but the parking lot could come within 8 feet of the south property line. Mr. Ruge asked if all the properties were on one parcel. Ms. Stachowiak stated yes and that all the ones listed and shown in the pictures are located on the same parcel. There are six houses and two commercial buildings, all on the same parcel of land. Ms. Bruch inquired about the property listed as "B" Residential. Ms. Stachowiak stated that the "B" Residential and the "F" Commercial, directly to the north, are all one parcel of land. The north 99 feet is already zoned "F" Commercial. She stated that it is the south 99 feet that is currently zoned "B" Residential. The applicant would have one tax bill for the entire property. Ms. Stachowiak stated that on one parcel of land there are two commercial buildings on the north 99 feet and there are six residential buildings on the south 99 feet. It is very dense. Mr. Ruge stated that there are houses on the property that face each other and they are only 10 feet apart. Ms. Stachowiak stated that a number of the homes are red tagged. Mr. Frederick inquired about how many of the houses are actually occupied. Ms. Stachowiak stated that she was not sure, and that at least three of the houses are red tagged. Mr. Frederick asked how long the houses have been red tagged and what the status is with the committee who handles them. Ms. Stachowiak stated that she would look into the matter and provide the information at the Zoning and Ordinance Committee meeting next week. Seeing no one else wishing to speak, Ms. Bruch closed the public hearing and referred Z-7-2005, South 99 Feet of 600 E. Kalamazoo Street, "B" Residential District to "F" Commercial District to the Zoning and Ordinance Committee, scheduled to meet on July 13, 2005 at 4:00 in the PLANNING BOARD MINUTES July 5, 2005 Page 6 Planning and Neighborhood Development Conference Room at 316 N. Capitol Avenue. D. LS-15-2005, 1725 Dell Road, Lot Split This is a request by Orville & Barbara Starkey to divide the property at 1725 Dell Road into 4 separate parcels of land. Section 1236.07(d) allows a maximum width to depth ratio oft to 2.5 for residential lots. If approved, 3 of the resulting lots would have a width to depth ratio that exceeds 1 to 2.5. The proposed width to depth ratios are 1 to 2.97, 1 to 3.08 and 1 to 3.48. Therefore, variances from the design requirements of the subdivision regulations are requested. Ms. Stachowiak gave a brief overview. Mr. Frederick stated that from the applicant's letter it indicates that this particular property has been here for quite a while. He was assuming that the property was chopped up by the 1-96 expressway coming in and that is why it has this weird configuration. Ms. Stachowiak stated definitely. The lot over to the east of the property is kind of odd shaped too. She stated that it is a really large parcel of land to be zoned for one single family home. Mr. Frederick stated his guess is that it is an old part of the City. Ms. Stachowiak stated that the Master Plan for this area calls for low density residential, 0 to 7 dwelling units per acre. By the time the parcel is split, the property would be well within the density that the Master Plan requires. Mr. Mario Flores, representative of Barb and Gene Starkey, stated that the applicants are asking for a variance on these four lots due to the fact that it is at the end of Dell Road. There were three sewage lines put in when the road was paved. As the owners age, the time would come when they would want to divide up the property into separate parcels and sell them. Unfortunately, this time has come. Mr. Starkey has Class 3 congestive heart failure and Mrs. Starkey just had major surgery to her digestive tract. They both are unable to sustain the maintenance of this house, which was previously used as rental property. Although the Starkeys did the maintenance, including all landscaping and mowing, for someone with congestive heart failure, this is difficult to do. Now the Starkeys are asking to separate this land and try to recoup some of the funds that they initially put into the property. Seeing no one else wishing to speak, Ms. Bruch closed the public hearing and referred LS-15-2005, 1725 Dell Road, Lot Split to the Zoning and Ordinance Committee, scheduled to meet on July 13, 2005 at 4:00 in the Planning and Neighborhood Development Conference Room at 316 N. Capitol Avenue. PLANNING BOARD MINUTES July 5, 2005 Page 7 5. COMMENTS FROM THE AUDIENCE (5 minutes each) Seeing no one else wishing to address the Board, Ms. Bruch closed the public comment period. 6. RECESS was not taken by the Board. 7. BUSINESS SESSION A. Minutes for Approval —April 19, 2005 Mr. Frederick moved; seconded by Mr. Hollister to approve the minutes of April 19, 2005 without corrections. On a voice vote, the motion carried unanimously (5-0). The minutes of April 19, 2005 were APPROVED. Minutes for Approval — May 3, 2005 Mr. Hollister moved; seconded by Mr. Frederick to approve the minutes of May 3, 2005 without corrections. On a voice vote, the motion carried unanimously (5-0). The minutes of May 3, 2005 were APPROVED. Minutes for Approval — June 7, 2005 Mr. Czekai moved; seconded by Mr. Ruge to approve the minutes of June 7, 2005 without corrections. On a voice vote, the motion carried unanimously (5-0). The minutes of June 7, 2005 were APPROVED. Minutes for Approval — June 16, 2005 Mr. Ruge moved; seconded by Mr. Czekai to approve the minutes of June 16, 2005 without corrections. On a voice vote, the motion carried unanimously (5-0). The minutes of June 16, 2005 were APPROVED. Mr. Frederick made a motion, seconded by Mr. Czekai to approve an excused absence request from Mr. Hollister for the June 7th meeting. On a voice vote, the motion carried unanimously (5-0). PLANNING BOARD MINUTES July 5, 2005 Page 8 Mr. Czekai made a motion, seconded by Mr. Frederick to approve an excused absence request from Mr. Ruge for the June 7th meeting. On a voice vote, the motion carried unanimously (5-0). B. Committee Reports 1. ZONING AND ORDINANCE COMMITTEE, Mr. Ruge, Chair a. Z-3-2005, Lot 25, 800 Block, North side of Hickory Street, from "C" Residential District to "H" Light Industrial District This is a request by G.T.O. of Michigan, L.L.C. to rezone Lot 25, located on the north side of the road in the 800 block of Hickory Street, more specifically described as: Lot 25, Block 3, Lansing Improvement Company's Addition, City of Lansing, Ingham County, Michigan from "C" Residential District to "H" Light Industrial District for the purpose of constructing a new building for an electrical contracting business. Staff recommended denial of Z-3-2005, Lot 25, 800 Block, North side of Hickory Street, from "C" Residential District to "H" Light Industrial District. In Committee, the request was recommended for denial and the motion carried unanimously (3-0). Mr. Ruge made a motion, seconded by Mr. Czekai, to recommend denial of Z-3-2005, Lot 25, 800 Block, North side of Hickory Street, from "C" Residential District to "H" Light Industrial District Frederick Ave Bruch Ave Ruge. Ave Czekai. Ave Hollister . . . . . . . . . . . . . . . . . . . . . Ave On a roll call vote, there were: Ayes: 5; Nays: 0; carried; unanimous. DENIED. b. Z-4-2005, 1224 E. Miller Road, "DM-1" Residential District to "G-2" Wholesale District Ms. Stachowiak stated that the applicant has asked that this case be postponed and be reported out at a later date. PLANNING BOARD MINUTES July 5, 2005 Page 9 Mr. Hollister made a motion, seconded by Mr. Frederick to table Z-4-2005, 1224 E. Miller Road, "DM-1" Residential District to "G-2" Wholesale District. On a voice vote, the motion carried unanimously (5-0). C. SLU-4-2005, 3000 W. Miller Road, Special Land Use, Additional Parking for an Existing Church This is a request by Life Changes Christian Center for a Special Land Use permit to construct additional parking (78 parking spaces) for the church at 3000 W. Miller Road. The property that is proposed to be used for parking is located on the east side of Wise Road and begins 49.5 feet north of Miller Road. The property is 150 feet wide by 247.5 feet deep and is zoned "A"and "C" Residential Districts. Staff recommended approval of SLU-4-2005,a request to construct a surface parking lot for Life Changes Christian Center in the 6000 Block of Wise Road, with the following conditions: 1. The parking lot be constructed in accordance with the setbacks and the landscape, screening and buffering as depicted on the site plan dated May 12, 2005; and 2. The parking lot lights be a maximum height of 20 feet and shielded downward to prevent glare on adjacent properties. In Committee, the request was recommended for approval with the following conditions: 1. The parking lot be constructed in accordance with the setbacks and the landscape, screening and buffering as depicted on the site plan dated May 12, 2005; 2. The parking lot lights be a maximum height of 20 feet and shielded downward to prevent glare on adjacent properties; and 3. A 3-foot high berm be added along the sides of the site; and the motion carried unanimously (3-0). Mr. Frederick proposed a friendly amendment to add condition number 4, that the quonset but building be removed when the parking lot is developed. It is in very poor condition and really detracts from the neighborhood. Mr. Ruge accepted the friendly amendment. Ms. Bruch inquired about parking and stated that it is a very poor design. Ms. Stachowiak stated she is not sure how to PLANNING BOARD MINUTES July 5, 2005 Page 10 get around it in the back. Ms. Bruch stated that she is not sure what is driveable and not driveable. Ms. Stachowiak stated that if it is a drive behind the building, the applicant could circulate around the building. Ms. Bruch stated that the applicant could even pick up a couple of extra parking spaces, and this would work. She would like to see a second connection into this parking lot from the other side as well so that the driveway can loop. She is not sure if this is doable. Mr. Frederick stated that he asked the same thing and the way the applicant explained it was cars could enter from the parking lot in the parcel immediately to the east. The plan did not show this clearly and these were proposed not to be parking spaces so that there could be circulation that would loop. Ms. Bruch stated that if the area was open in another spot, the parking that would be lost could be gained in another area. Then there would be a bigger loop with more turning radius and better access. Ms. Stachowiak stated that this idea could definitely be made as a condition. Ms. Bruch believes that the circulation is not working well here and she would like there to be access to the parking in lots 71 and 81 from the existing parking area so that it would be a cleaner circulation pattern. The applicant should not lose any parking spaces because the church would gain from this. Ms. Bruch asked when the City reviews the site plan for this addition, could trees be added at the frontage along Miller Road. Mr. Hollister asked who owns the two lots. Ms. Stachowiak stated the church owns them. Mr. Hollister stated that the house is isolated in the middle of a concrete parking lot. Mr. Frederick stated that the church is in the process of making a final closure on a house and that it may already be done by now. The house will be used as a residence but for church functions rather than a rental. The church does not intend to rent it out. He is not sure if it will be used as a rectory or not but the church indicated that it would be strictly for church business. The church did not intend to use it as a private residence or rent it to anyone. Mr. Ruge stated that what the church will use it for is emergency housing for families. Ms. Bruch asked if the landscape ordinance requires any thing to be broken up. Ms. Stachowiak stated not right now. PLANNING BOARD MINUTES July 5, 2005 Page 11 The new ordinance amendment has not gone through the final process. Ms. Bruch made a friendly amendment that the circulation pattern be reworked. Ms. Stachowiak stated that it would basically instead of having four parking spaces in one area, they would end up in a different area and there would be two driveways. She stated that it circulates better. Ms. Bruch stated that vehicles would have a wider space to turn. Ms. Stachowiak stated that not only does the church not lose parking spaces but it may even pick up one. Mr. Ruge asked if there would still be parking between the driveways. Ms. Stachowiak stated yes. Ms. Bruch stated that it is a cleaner design. Mr. Ruge stated that he would accept the friendly amendment. Mr. Ruge made a motion, seconded by Mr. Czekai, to recommend approval of SLU-4-2005, 3000 W. Miller Road, Special Land Use, Additional Parking for an Existing Church with the following conditions: 1) The parking lot be constructed in accordance with the setbacks and the landscape, screening and buffering as depicted on the site plan dated May 12, 2005; 2) The parking lot lights be a maximum height of 20 feet and shielded downward to prevent glare on adjacent properties; 3) A 3-foot high berm be added along the sides of the site; and 4) The north parking lot aisle connect to the existing church site. Frederick Ave Bruch Ave Ruge. Ave Czekai. Ave Hollister . . . . . . . . . . . . . . . . . . . . . Ave On a roll call vote, there were: Ayes: 5; Nays: 0; carried; unanimous. APPROVED. Next meeting, Wednesday, July 13, 2005 at 4 p.m. 316 N. Capitol Avenue, Department Conference Room. 2. URBAN DEVELOPMENT COMMITTEE, Mr. Czekai, Chair Mr. Czekai stated that there were no action items. The discussion items were the Regional Growth Summary Report draft and the Regional Growth Poster Plan Pocket addition. He stated that Mr. Rieske had included in the minutes of the UDC meeting the two websites where more information can be found. This was just discussed as the Committee will be getting more information after Committee has had a chance to review it more thoroughly. He PLANNING BOARD MINUTES July 5, 2005 Page 12 stated that the Committee will be taking a vote and recommending to the full Board at the next meeting on July 26tn Mr. Czekai stated that the Committee has lost two of its members and seeing that the Zoning and Ordinance Committee has four members, he is formally calling upon the Chair to assign another member to the Urban Development Committee. Ms. Bruch stated that this would be taken up as New Business. Next meeting, Tuesday, July 26, 2005, at 4:00 p.m. 316 N. Capitol Ave., Department Conference Room. Mr. Czekai made a motion, seconded by Mr. Frederick to dissolve into the Committee of the Whole. On a Voice Note, the motion carried unanimously (5-0). Mr. Ruge made a motion, seconded by Mr. Czekai to appoint Mr. Frederick as temporary Vice Chair for this evening. On a Voice Note, the motion carried unanimously (5-0). 3a. COMMITTEE OF THE WHOLE — Mr. Frederick, Acting Vice Chair. a. NCU-1-2005: Special Land Use Permit, 1124/1126 Pulaski, Class "A" Nonconforming Status The applicant, Michelle Griffin, is requesting a "Class "A" nonconforming status to permit the expansion of a nonconforming use. More specifically, the applicant has two houses on one lot that is zoned for single family use. The house to the rear of the property (1124 Pulaski) sustained fire damaged some time ago. The applicant desires to reconstruct the second floor of this house and construct a new front porch. Since the property is nonconforming, a building permit cannot be approved by the Planning Office for this work, unless a Class A Nonconforming Status is approved by the Planning Board. Ms. Stachowiak gave a brief overview. Ms. Bruch inquired the parking pad and if it was just grass that the vehicles were parking on. Ms. Stachowiak stated that it is an unimproved area that has been worn down from parking in the past. Ms. Bruch asked whether the Board can recommend the use of grass crete so that it is grass and yet it is still parkable. Ms. Stachowiak stated that the only thing with grass crete on a residential surface is that it could get PLANNING BOARD MINUTES July 5, 2005 Page 13 misconstrued and the applicant could end up getting violations from people who are saying that the applicant is parking on the lawn. The Code Compliance officers may not recognize that it is grass crete and it may make enforcement more difficult. Mr. Hollister stated that maybe the applicant could have an outline of brick around the parking area. Mr. Ruge asked if any notices were mailed to the neighborhood organization regarding this case. Ms. Stachowiak stated the City does not usually do any notification with an NCU of this nature. Mr. Ruge stated that given the appearance of this property, he is not really that comfortable with giving the applicant an NCU. To him, this looks like the kind of property where the City would like to see the second house be demolished. This is not a pretty site. He stated that maybe it could work. He would like to have some history on this property before the Board approves it. This property has been a lot of trouble. Ms. Bruch stated that this is a double lot compared to all the lots surrounding it. Instead of building the houses side by side, one house is in front of the other. She could even see a lot split so that one parcel would be square and the other would be L shaped. She does not know the history of the property. Mr. Ruge stated that he personally would prefer a lot split if it can be done. West of his neighborhood there were some properties like this and what the owner ended up doing was taking out the house in the back. He would like to have a little more investigation of this property. Mr. Czekai asked if more information could be provided at the next meeting. Ms. Stachowiak stated she could see if Code Compliance has any information on this site. Ms. Stachowiak stated that the lot cannot be split because there is not adequate room. Most of the lots on the street are 33 feet wide and this lot is 66 feet wide. Unfortunately, the house at 1124 sits to far over. The houses do not sit side by side. You would have to jog the lot line and the ordinance prohibits that. It would have to be a straight shot. Mr. Joe Lewis, 1124 Pulaski, stated that the inside of both homes is new. The plumbing was done in January. In the bathroom there is a new sink, tub and shower. All of the lighting fixtures are new. The hot water heater and the furnace are new. He stated that the outside has a slanted look because there was a fire up top and he is not sure how many years ago it happened. He just purchased the property. The reason why the outside is not done is PLANNING BOARD MINUTES July 5, 2005 Page 14 because he does not have a permit to do it yet. He plans on redoing the whole house. Every thing on the inside is brand new and it was approximately $26,000 to redo the whole interior. The foundation and porch will be new as soon as the request is approved. He stated that the front house will be done after the smaller house. The inside is already done including a new kitchen. When the small house is done, he plans on doing the siding and the roof on the big house. As far as the parking, he stated that there is pea stone gravel on the whole left side of the house for parking. After doing the addition, he plans on constructing a garage. Ms. Michelle Griffin, resident of 2197 Woodleaf Street, Okemos, stated that she purchased the site specifically because it was unique and it had two houses on the property. When she walked into the homes, she saw how beautiful they were. The homes were built in the 1920s. The small house was built from the materials of the big house. She had planned to move into the house and make it a single family residence. The neighbors would like to the see the house improved. She purchased the house because it was so unique and she wanted both of the homes on the parcel. The small house at 1124 also has a new water meter, water heater, furnace, electric meter on the outside that the City approved last summer. She would like to improve the property and make it a better place to live. Mr. Hollister asked the applicant about the garage and if it were for the smaller or bigger house. Mr. Lewis stated that it would be for the smaller house. The larger house is rented out. He is in construction and he needs more vehicle space. He was planning to build the garage closer to the smaller house rather than the bigger house. Mr. Hollister asked where the garage would be built. Mr. Lewis stated that he has not figured that out yet and that he would leave that up to the City as to where the garage could be built on the lot. He is not to this point yet. He only has approval for the addition to the smaller house. Building the garage would be the next step. Ms. Griffin stated that there is a small porch on the back of the big house that someone had built. She would like to remove this when they get to that point and then replace it the garage. There is plenty of room. Mr. Lewis stated that there is a large tree there and one was removed. This is the general area where the garage would be. PLANNING BOARD MINUTES July 5, 2005 Page 15 Mr. Ruge stated that after listening to the applicant, it makes him feel more hopeful and he would be able to support it, but he would still like to have a little more information. Mr. Czekai made a motion, seconded by Ms. Bruch to table NCU-1-2005: Special Land Use Permit, 1124/1126 Pulaski, Class "A" Nonconforming Status. On a voice vote, the motion carried unanimously (5-0). Mr. Frederick stated that this case will be tabled at the Committee of the Whole level which means that the whole Board will take up this case again when it has received more information regarding the history of the property. Ms. Stachowiak will provide the information to the Board and notify the applicants when the case will be back on the agenda. Ms. Stachowiak stated that assuming there is a quorum, the Board will meet here again in two weeks at the same time. Ms. Griffin asked what type of history the Board was looking for on the home. Mr. Ruge stated that he would like to see if there is a neighborhood organization in this area and what its input is about the property. He would like to see if there were any problems in the past. He wanted to see what the general impression of the property is with the surrounding residents. Mr. Lewis stated that they would be living in the house and that it will not be a rental property or anything like that. Ms. Griffin stated that when the property was purchased, it was rented so they had to honor the lease until December 22, 2005. Mr. Lewis stated that there is currently a renter. They plan on living on the property. Mr. Ruge asked if they would be living in both houses. Mr. Lewis stated that they have grown children. Ms. Griffin stated there are too many mother-in-laws to deal with and when they visit, they need to stay in a house. Mr. Lewis stated that they plan on having the property for themselves. It is not intended for rental property. He stated that when the property was purchased, it was listed as a mother-in-law's quarter, a guest house. Mr. Czekai made a motion, seconded by Mr. Hollister to arise from the Committee of the Whole. On a Voice Note, the motion carried unanimously (5-0). PLANNING BOARD MINUTES July 5, 2005 Page 16 3b. COMMITTEE OF THE WHOLE — Mr. Frederick, Acting Vice Chair. Mr. Frederick stated that the Committee of the Whole tabled the NCU and that it will take it up at the next meeting of the Planning Board, which should be in two weeks. Mr. Ruge stated that along with the other information could Ms. Stachowiak provide the Board with a recommendation for the parking situation. Ms. Stachowiak asked if it was in terms of surfacing. Ms. Bruch stated whether or not the parking would be left as pea grass or should it be better if it was gravel. Ms. Stachowiak stated that the ordinance says paving and she stated that the applicant should pave it. The only thing below this that she would recommend would be the brick patterns. She stated that the ordinance does not allow this right now. Mr. Frederick stated that if there is not going to be any concrete to scratch in the case number, Board of Zoning Appeals has required that the applicants provide a metal plaque with the case number and the date of approval. This hopefully will keep the Code Compliance Office from writing unnecessary code violations. He sees no reason why the Board could not add this as a condition. Mr. Frederick stated that since this is a nonconforming piece of property, his presumption is that no permits could be given to the applicant for approval of any improvements. Ms. Stachowiak stated that the City can approve permits up to 35% of the value of the structure. This is an unusual case because there are two structures. The applicant cannot do 35% for each structure. It is 35% total for the value of the structure on the lot. If the percentage is used up on one structure then there is nothing left for the other structure. Mr. Frederick stated that the applicant testified that a lot of work has been done and that some of it sounded like it needed to be inspected for code compliance. His assumption was that the applicant did not obtain a permit. Ms. Stachowiak stated that the applicant did obtain a permit and that the City can give the applicant permits up to a certain dollar amount. This is one of the things that brought the applicant before the Board. The other reason is the applicant would like to add a porch addition and the second story addition. This is an expansion of the structure and the Board cannot approve it regardless of the dollar value. Mr. Frederick stated that his concern is the work that the applicant had inspected. If there were permits, then it did. Ms. Bruch asked if the applicant would return for the garage. Ms. Stachowiak stated no. Mr. Frederick stated then it might be prudent to remember that the applicant needs to cut down the tree. PLANNING BOARD MINUTES July 5, 2005 Page 17 Mr. Ruge stated that the applicant will actually be changing the roof line of the smaller house and will put a higher roof and get rid of the entire roof line. He stated that the applicant will square up the whole house. Ms. Stachowiak stated yes and that it will look completely different. Ms. Bruch asked if the City knows exactly what the house will look like. Ms. Stachowiak stated yes and that some sketches were included. 4. EXECUTIVE COMMITTEE — None. C. Report from Planning Manager Ms. Stachowiak asked the Board members who would be available for next week's Zoning and Ordinance Committee meeting and the Board meeting in two weeks. Ms. Bruch stated that she would not be available for either meeting. Mr. Czekai stated that he would be available for the next Board meeting and for the Zoning and Ordinance Committee meeting, if needed. Mr. Frederick stated that he would be available for both meetings. Mr. Ruge stated that he would not be able to attend the next Zoning and Ordinance Committee meeting but he will be able to attend the next Board meeting. Mr. Hollister stated that he would be able to attend both meetings. Ms. Bruch stated that she would be available for the next Urban Development Committee meeting, if needed. D. Pending Items: Future action required 1. Zoning and Ordinance Committee a. Z-1-1998, 1223 N.Turner St.,"H" Light Industrial District to"G-1"Business District(Tabled February 11, 1998) b. SLU-3-2002,2710 N. Grand River Ave., Church in the"F"Commercial District& "J" Parking District(Tabled May 15,2002) 2. Urban Development Committee a. Act-9-2000,201 E. Grand River Avenue, Proj.Sign Over ROW (Tabled June 27,2000) b. Capital Improvements Program (CIP) C. Master Plan Project d. Act-1-2003,SE Corner Michigan&Washington, Lot 3, Block 111, Orig Plat, Vacate Alley(part) (Tabled on April 29,2003) 3. Committee of the Whole 4. Planning Board 5. Board Member Code Enforcement Notification Reports a. Teen Challenge-wood privacy fence(May 20,2003) b. Dollar Store-Willow Street& MLK Blvd.-landscaping &buffering (May 20, 2003) C. Grovenburg property-dumpster in ROW (July 1,2003) d. 2714 W.Jolly Road-church with large statue in front yard (January 20,2004) PLANNING BOARD MINUTES July 5, 2005 Page 18 e. 545 Baker Street-Mount Hope Church outreach (April 20,2004) f. W.Willow Street-Grace Tabernacle Church-no landscaping (May 4,2004) g. Michigan Ave&Shepard Street-sign business-several banner signs nailed to the outside of building (May 4,2004) h. 2702 S.Cedar Street-no landscaping (May 18,2004) i. Michigan Ave&Virginia Street-Sparrow Hospital property-no screening and buffering (October 5,2004) j. 2410 S. Pennsylvania Ave.-no landscaping (November 3,2004) k. Keeps Party Store-Aurelius Rd-illegal signs (February 15,2005) I. 400 Allen Street-small port holes for windows(April 19,2005) M. 2200 W. Holmes Road-Bad Habits-excessive signs(May 3,2005) n. 704 S. Clemens Street-"For Sale"items (May 3,2005) Mr. Czekai inquired about the building on Turner Street owned by Henry Block. Ms. Stachowiak stated that the building had been vacated. Mr. Czekai stated that it was still full and that the building was also painted. Ms. Stachowiak stated that the tenants had moved out and are living east off of MLK Blvd., just south of General Motors. Mr. Czekai asked if the owner plans to sell the building. Ms. Stachowiak stated yes. Mr. Hollister asked if it was the building by October Moon Art Gallery and Gift Boutique. Mr. Czekai stated yes and that the owner painted over the old antique Coca Cola sign advertisement on the wall. 8. NEW BUSINESS A. Restructure of the Committees Mr. Czekai stated that the position to be filled will also be Vice Chair for the Urban Development Committee. A discussion ensued. The overall consensus was that Mr. Hollister would be officially appointed to the Urban Development Committee and Mr. Frederick would fill in temporarily. Ms. Bruch inquired about new members and if a letter could be sent to the Mayor for appointment of new members. Ms. Stachowiak stated the Mayor's Office has been notified that the Board needs two members as soon as possible. 9. COMMENTS FROM CHAIRPERSON Ms. Bruch stated that she would like to set up the Executive Committee meeting. Ms. Stachowiak asked when she would be available. Ms. Bruch stated that she would be available the week of July 26th. Mr. Ruge stated that he would not be able to attend until after July and that August would be better. Mr. Czekai asked if the Executive Committee could meet right before the Board meeting. Ms. Stachowiak stated yes. Ms. Bruch stated it would have to be late August. PLANNING BOARD MINUTES July 5, 2005 Page 19 Ms. Bruch inquired about red tagged houses. Ms. Stachowiak stated that she spoke with Ms. Eleanor Love and that Ms. Love would be glad to attend one of the Board meetings. Ms. Bruch asked if the Board would like to set up this meeting. The overall consensus was to schedule this for late August. Ms. Bruch inquired about the churches. Ms. Stachowiak stated that the information has been sent to City Council and the public hearings are set for July 18th. It will go to Committee after that and then City Council will make a decision. Ms. Bruch inquired about the landscape ordinances. Ms. Stachowiak stated that it is in the process of being reviewed by the Law Office and City Council. 10. COMMENTS FROM BOARD MEMBERS — None. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS Mr. Frederick stated that the property at 3610 Callihan Court is a duplex and has a "For Rent" sign in the window. He asked that Ms. Stachowiak check to make sure that it is a registered rental. Mr. Frederick stated that 811 Luwanna Drive is a rental and there may be too many people living in the home. Mr. Frederick stated that the Citgo Gas Station at the corner of Aurelius and Cavanaugh Roads has high grass/weeds again. He said that 3731 Stoneleigh Drive also needs to be mowed. Mr. Czekai stated that there is tall grass/weeds on the property at the southeast corner of Grand River and Capitol Avenues. 12. ADJOURNMENT - Meeting was adjourned at 8:45 p.m. Respectfully submitted, James A. Ruff, Secretary, Planning Board P B M i n u tes.070505.d oc