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HomeMy WebLinkAbout2001 Planning Board Oct-Dec minutes FINAL APPROVED WITH CORRECTIONS, PAGE 4, Draft to Clerk December 21,2001 UNDER PLANNING BOARD ACTION, CHANGED MR. RUGE TO MS. PATRICK Approved January ,2001 To Clerk January 24 2001 Minutes of the Regular Meeting LANSING PLANNING BOARD 7:00 - 8:30 p.m., Tenth Floor, Council Chambers 8:30 - Meeting Moved to Conference Room Lansing City Hall Tuesday, December 4, 2001 1. OPENING SESSION The meeting was called to order at 7:00 p.m. by Chairman Frederick. A. Roll call. Present: Frederick, Foster, Keene, Patrick, Smith, Ruge, Cordill. B. Staff Attending: Ruff, Stachowiak 2. APPROVAL OF AGENDA It was moved by Ms. Keene, supported by Ms. Foster to approve the agenda. Mr. Ruff noted there was a change to the date of the next Urban Development Committee meeting. On a Voice Vote, motion carried unanimously (7-0). 3. COMMUNICATIONS A. Z-17-01. 1400 Block W. Jolly Road, "CUP" Community Unit Plan to "A" Residential District. 1. Prince of Peace Baptist Church expressed their support for approval to allow the building of a new sanctuary on the property. 2. Residents at 1416 W. Jolly Road also expressed their support for approval and stated that Reverend Carter is neighborhood oriented. B. Z 118-01, 627 N. Pennsylvania Avenue, "DM-3" Residential to "D-1" Professional Office District. Memo from S. Cantlon, Historic Preservation Planner suggesting: • How best to preserve and rehabilitate the building. • The applicant apply to the State Historic Preservation Office for Federal Historic Preservation Tax Credit and to apply for designation of the property as a National Registered historic place. B. Habitat for Humanity - expressed appreciation for the CDBG funds this year. These funds have helped twelve children who live in these homes and have provided housing to low income residents. PLANNING BOARD MEETING MINUTES DECEMBER 4, 2001, Page 2 4. PUBLIC HEARINGS A. Z-17-01, 1400 Block W. Jolly Road, "CUP" Community Unit Plan to "A" Residential District. Susan Stachowiak gave a brief overview. A Special Land Use and Landscape Screening & Buffering plan would still be required. Tim Howell, Swanson Design Studios, 831 N. Washington, gave history in CUP zoning. He stated that the lot size is three acres, exceeding the two acre minimum. He also stated there was access to Jolly Road from the lot. Vern Norris, neighbor, displayed no opposition at this time. Currently, the property buffer is 15' on the west side and 20' on the north side. He mentioned he would like 20' on the west side as it is on the north side. Property drains to the northwest corner- low spot. Drainage needs to be done properly. Invested in 2 drains; no problem since 1987. Angle for building is better idea. Reverend Carol Carter, 5035 Tressa Drive, highly recommends, facility will accommodate for drainage and buffering and be beautiful as possible. He lives next to the property and wants to make sure it is pleasing to the neighborhood. B. Z-18-01, 627 N. Pennsylvania Avenue, "DM-3" Residential to "D-1" Professional Office District. Susan Stachowiak gave a brief overview. Board members asked some questions for clarification Mr. Ruge questioned about the possibility of going to the "D-2" district instead. Mr. Ruff explained that would not allow the office parking in back to be used for offsite office parking as partly intended. Jim Herbert, President of Neogen, explained the company is growing. There are 250 employees. Neogen is in the top 200 for small companies and rated A+ for investing. He handed out pictures that displayed the building. This building consists of 4 units; shouldn't have been. The four units were dilapidated, red tagged and closed because of drug problems. This building was also an eyesore for the community. The building was built in 1888 and Neogen would work quickly to make the units look PLANNING BOARD MEETING MINUTES DECEMBER 4, 2001, Page 3 presentable. They need to use the rear yard for employee and visitor parking. Neogen has considered expansion allowances. They are a quiet business and would maintain property to look residential. This would be an improvement to the neighborhood. Neogen has a 12' buffer. This building would stay residential. Judy Hackett, 625 N. Pennsylvania, is a resident and President of Oak Park Neighborhood Association and is concerned about neighborhood improvements. Property south has between 12-15 units and not enough parking. Although she does not want to see housing going down, she would like to keep Neogen and help accommodate them. Referred to the Committee of the Whole. 5. COMMENTS FROM THE AUDIENCE - None. 6. RECESS was taken by the Board. 7. BUSINESS SESSION A. Mr. Ruge moved; seconded by Mr. Smith to approve the minutes of November 20, 2001 as written. On a Voice Vote, the motion carried unanimously. APPROVED B. Committee Reports 1. ZONING AND ORDINANCE COMMITTEE Mr. Ruge, Chair Notice of Public Meetings for 2002 Next meeting, Wednesday, December 12, 2001 at 4:00 p.m. 316 N. Capitol Ave., Department Conference Room. 2. URBAN DEVELOPMENT COMMITTEE, Ms. Patrick, Chair a. Act-25-2001, 12' x 297' Strip near Parcel B, Purchase of DNR Parcel In Committee, it was moved and seconded to approve Act- 25-2001, the acquisition of a parcel (PPN 3305-01-09-376- 018), located east of Richard Road and south of 1-96, for consolidation with the abutting City parcels (collectively known as "Highway Parcel B"), that this parcel receive the same designation regarding parkland status as the remainder of Parcel B, and that this recommendation is conditioned upon approval by the Parks Board. PLANNING BOARD MEETING MINUTES DECEMBER 4, 2001. Page 4 PLANNING BOARD ACTION was as follows: Ms. Patrick (Mi--Rtrge) made a motion, seconded by Ms. Keene to recommend approval of Act-25-2001, 12' x 297' Strip near Parcel B, Purchase of DNR Parcel. Frederick . Ave Foster. . Patrick. . . Ave .A a Smith . . Ave Cordell . Ave Ruge . .Ave Keene. . .Aye On a Roll call vote, there were: Ayes: 7; Nays: 0; carried; unanimous; APPROVED Next meeting, Tuesday, January 29, 2002, at 4:00 p.m. 316 N. Capitol Ave., Department Conference Room. Ms. Keene made a motion; seconded by Ms. Foster to dissolve into the Committee of the Whole. On a Voice Vote, the motion carried. 3a. Committee of the Whole 1. Z-17-2001, 1400 Block W. Jolly Road, "CUP" Community Unit Plan to "A" Residential District. The applicant is requesting a rezoning from "CUP" Community Unit Plan to "A" Residential for the purpose of constructing a new church on the subject property. The requested rezoning is consistent with the surrounding zoning and land uses and will not have a negative impact on the environment or future patters of development in the area. The "A" residential district is also consistent with the master plan and the original zoning designation for the subject property. Staff recommends approval of the request to rezone this property. PLANNING BOARD MEETING MINUTES DECEMBER 4, 2001, Page 5 Ms. Keene made a motion, seconded by Ms. Cordill to recommend approval of Z-17-2001, 1400 Block W. Jolly Road, "CUP" Community Unit Plan to "A" Residential District. On a Voice Vote, the motion carried. 2. Z-18-2001, 627 N. Pennsylvania Avenue, "DM-3" Residential to "D-1" Professional Office District. This is a request by Neogen Corporation to rezone the property from "DM-3" Residential to "D-1" Professional Office District for the purpose of utilizing the existing building for three residential units and for temporary office use by Neogen Corporation. The proposed use would be compatible with the surrounding mixed land uses in the area. The NorthEast Area Comprehensive Plan designates this area for residential use. The proposed zoning change is inconsistent in part, with the Master Plan, which designates the property for residential use. There may be some impact on the existing vehicular and pedestrian traffic. There should be no significant impacts on the environment, public service or future patterns of development. Section 1260.03(f) of the Zoning Ordinance allows a residential use in the "D-1" Professional Office District if the residential District meets the dimensional requirements of the "DM-1" Residential District. The applicant is lacking the necessary lot area requirements for 3, 2-bedroom units in the "DM-1" Residential District. The applicant would be required to seek a variance from the Board of Zoning Appeals or reduce the number of units in the building. In addition, the applicant will be required to provide the necessary parking for the office and residential uses. A site plan will be required for the new parking area. Landscape, screening and buffering will also be required along the south edge of the site as part of the site plan review and approval. Staff recommends approval of the request by Neogen Corporation to rezone this property. PLANNING BOARD MEETING MINUTES DECEMBER 4, 2001, Page 6 Mr. Ruge commented that the outside was all done and looks very nice. Mr. Herbert explained that the vinyl siding already existed on the property. He also explained that Neogen repainted the cedar siding. He gave other upgrades as well. Mr. Ruge made a motion, seconded by Mr. Frederick to recommend approval of Z-18-2001, 627 N. Pennsylvania Avenue, "DM-Y Residential to "D-1" Professional Office District. On a Voice Vote, the motion carried. Ms. Keene made a motion, seconded by Mr. Ruge to arise from the Committee of the Whole. On a Voice Vote, the motion carried. 3b. Committee of the Whole, Mr. Smith, Chair 1. Z-17-2001, 1400 Block W. Jolly Road, "CUP" Community Unit Plan to "A" Residential District. Mr. Smith stated that it was not necessary to repeat the information from the committee and stated this request was moved and supported recommending the rezoning. PLANNING BOARD ACTION on the motion was as follows: Mr. Smith made a motion, seconded by Ms. Cordill to recommend approval of Z-17-2001, 1400 Block W. Jolly Road, "CUP" Community Unit Plan to "A" Residential District. Frederick . . . . . . . . . .. . . . . . . . . . . Ave Foster. . . Ave Patrick. . .Ave Smith . . . . . . . . . . . . . . . . . . . . . . . Ave Cordill . .Ave Ruge . .Aye Keene. . .Ave On a Roll call vote, there were: Ayes: 7; Nays: 0; carried; unanimous; APPROVED PLANNING BOARD MEETING MINUTES DECEMBER 4, 2001, Page 7 2. Z-18-2001, 627 N. Pennsylvania Avenue, "DM-3" Residential to "D-1" Professional Office District. Mr. Smith stated that it was not necessary to repeat the information from the committee and stated this request was moved and supported recommending the rezoning. PLANNING BOARD ACTION on the motion was as follows: Mr. Smith made a motion, seconded by Ms. Keene, to recommend approval of Z-18-2001, 627 N. Pennsylvania Avenue, "DM-3" Residential to "D-1" Professional Office District. Frederick . . . . . . . . . . . . . . . . . . . . Ave Foster. . . Ave Patrick. . .Ave Smith . . . . . . . . . . . . . . . . . . . . . . . Aye Cordill . .Ave Ruge . .Aye Keene. . .Ave On a Roll call vote, there were: Ayes: 7; Nays: 0; carried; unanimous; APPROVED C. REPORT FROM PLANNING MANAGER Mr. Ruff discussed the following: 1. Planning Office has a new Senior Secretary - Sarah Stanich. 2. Planning Board Holiday Dinner- mailing will go out. 3. Senior Planner position is open. D. PENDING ITEMS (future action required) 1. Zoninq and Ordinance Committee a. Z-1-Y8 1223 N. I urner t.,"H" Light Industrial District to"G-1" Business District Tabled February 11, 1998 b. -5-98,401-407 E. Grand River,"F"Commercial District to"G-1" Business District(Tabled June 10, 1998) C. Z-8-2000, 3901 S. Martin Luther King Jr. Blvd.,"F"Commercial to"H" Light Industrial District(Tabled June 14,2000) d. Z-15-2000, 301 W. Lenawee Street, Professional Office to"G-1"Business District(Tabled January 17,20011l e. P-1-2001,Tentative Preliminary Flat,Wexford Woods(Tabled June 13, May 9, 2001) f. PRD-2-01,"Crystal Woods", Planned Residential Neighborhood (Tabled August 15,2001) g. Z-8-01, illou hby Rd.,"A"Residential to"DM-1" Residential,"D-1" Professional Office and"C" Residential (Tabled October 10,2001 h. SLU-6-01, 517-519 E. Grand River Ave., Church in"F-1"Commercial District (Tabled November 14,2001) i. SLU-8-01, 3000 W. Miller Road,Additional Parking for an Existing Church (Tabled November 14, 2001) PLANNING BOARD MEETING MINUTES DECEMBER 4, 2001, Page 8 2. Urban Development Committee a. Act-9-2000,201 E. Grand River Avenue, Proj. Sign Over ROW (Tabled June 27, 2000) b. Discussion of Comprehensive Planning Process. 3. Committee of the Whole 4. Planning Board a. Act-12-01, 5550 S. Pennsylvania- Market Fire Station for Salem (Tabled July 3, 2001). b. Act-13-01,4801 S. Cedar Street,Acquire for Fire Station (tabled July 3,2001). 8. NEW BUSINESS - None. 9. COMMENTS FROM CHAIRPERSON - None. 10. COMMENTS FROM BOARD MEMBERS Mr. Frederick presented his comments regarding SLU-6-01, 517-519 E. Grand River Avenue, Church in "F-1" Commercial District. He referenced Liquor Control Code, Public Act 58 of 1998, section 503. The Public Act exhibits prohibition of liquor license within 500 feet of a church or school building. Mr. Smith stated the term "church" is used in a generic sense. The common usage refers to a Christian place of worship. Discussion ensued. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS - None. 12. ADJOURNMENT - Meeting was adjourned at 9:08 p.m. S 1N DEPARTMENT OF PLANNING AND NEIGHBORHOOD DEVELOPMENT 316 N.Capitol Avenue,Suites C-1&C-2 • Lansing MI 48933-1238 (517)483-4355.FAX: (517)377-0169 1 c H I C BUILDING SAFETY David C. Hollister,Mayor OFFICIAL PROCEEDINGS OF THE CITY OF LANSING ELECTRICAL BOARD OF APPEALS Held at 316 N. Capitol Ave. at 7:00 pm December 18,2001 Members present: Joe Peters, Howard Lutz, Walt Smiley, Rowland Cornish Members absent: None Staff Present: Mel Ott, Chief Electrical Inspector Chairman Joe Peters called the meeting to order at 7:00 p.m. The minutes of the meeting of October 16, 2001 were read. Howard Lutz made a motion to accept the minutes as read, seconded by Walt Smiley. Motion carried. Old Business: None New Business: The Electrical Board welcomed new board member, Rowland Cornish. Rowland filled the Electrical Contractor's vacancy on the Board. The evening was used to discuss new code changes in the 2002 National Electrical Code. Meeting adjourned at 9:00 p.m. Respectfully submitted, Melvin Ott, Secretary Draft date: 1/7/02 Approved date: l cc: Mayor's Office City Clerk's Office Public file—original Board Secretary Draft to Clerk December 21,2001 Approved 2001 To Clerk 2001 Minutes of the Regular Meeting LANSING PLANNING BOARD 7:00 - 8:30 p.m., Tenth Floor, Council Chambers 8:30 - Meeting Moved to Conference Room Lansing City Hall Tuesday, December 4, 2001 1. OPENING SESSION The meeting was called to order at 7:00 p.m. by Chairman Frederick. a A. Roll call. Present: Frederick, Foster, Keene, Patrick, Smith, Ruge, Cordill. B. Staff Attending: Ruff, Stachowiak 2. APPROVAL OF AGENDA It was moved by Ms. Keene, supported by Ms. Foster to approve the agenda. Mr. Ruff noted there was a change to the date of the next Urban Development Committee meeting. On a Voice Vote, motion carried unanimously (7-0). 3. COMMUNICATIONS A. Z-17-01, 1400 Block W. Jolly Road, "CUP" Community Unit Plan to "A" Residential District. 1. Prince of Peace Baptist Church expressed their support for approval to allow the building of a new sanctuary on the property. 2. Residents at 1416 W. Jolly Road also expressed their support for approval and stated that Reverend Carter is neighborhood oriented. B. Z-18-01, 627 N. Pennsylvania Avenue, "DM-3" Residential to "D-1" Professional Office District. Memo from S. Cantlon, Historic Preservation Planner suggesting: • How best to preserve and rehabilitate the building. • The applicant apply to the State Historic Preservation Office for Federal Historic Preservation Tax Credit and to apply for designation of the property as a National Registered historic place. B. Habitat for Humanity - expressed appreciation for the CDBG funds this year. These funds have helped twelve children who live in these homes and have provided housing to low income residents. PLANNING BOARD MEETING MINUTES DECEMBER 4, 2001, Page 2 4. PUBLIC HEARINGS A. Z-17-01, 1400 Block W. Jolly Road, "CUP" Community Unit Plan to "A" Residential District. Susan Stachowiak gave a brief overview. A Special Land Use and Landscape Screening & Buffering plan would still be required. Tim Howell, Swanson Design Studios, 831 N. Washington, gave history in CUP zoning. He stated that the lot size is three acres, exceeding the two acre minimum. He also stated there was access to Jolly Road from the lot. Vern Norris, neighbor, displayed no opposition at this time. Currently, the property buffer is 15' on the west side and 20' on the north side. He mentioned he would like 20' on the west side as it is on the north side. Property drains to the northwest corner- low spot. Drainage needs to be done properly. Invested in 2 drains; no problem since 1987. Angle for building is better idea. Reverend Carol Carter, 5035 Tressa Drive, highly recommends, facility will accommodate for drainage and buffering and be beautiful as possible. He lives next to the property and wants to make sure it is pleasing to the neighborhood. B. Z-18-01, 627 N. Pennsylvania Avenue, "DM-3" Residential to "D-1" Professional Office District. Susan Stachowiak gave a brief overview. Board members asked some questions for clarification Mr. Ruge questioned about the possibility of going to the "D-2" district instead. Mr. Ruff explained that would not allow the office parking in back to be used for offsite office parking as partly intended. Jim Herbert, President of Neogen, explained the company is growing. There are 250 employees. Neogen is in the top 200 for small companies and rated A+ for investing. He handed out pictures that displayed the building. This building consists of 4 units; shouldn't have been. The four units were dilapidated, red tagged and closed because of drug problems. This building was also an eyesore for the community. The building was built in 1888 and Neogen would work quickly to make the units look PLANNING BOARD MEETING MINUTES DECEMBER 4, 2001, Page 3 presentable. They need to use the rear yard for employee and visitor parking. Neogen has considered expansion allowances. They are a quiet business and would maintain property to look residential. This would be an improvement to the neighborhood. Neogen has a 12' buffer. This building would stay residential. Judy Hackett, 625 N. Pennsylvania, is a resident and President of Oak Park Neighborhood Association and is concerned about neighborhood improvements. Property south has between 12-15 units and not enough parking. Although she does not want to see housing going down, she would like to keep Neogen and help accommodate them. Referred to the Committee of the Whole. 5. COMMENTS FROM THE AUDIENCE - None. 6. RECESS was taken by the Board. 7. BUSINESS SESSION A. Mr. Ruge moved; seconded by Mr. Smith to approve the minutes of November 20, 2001 as written. On a Voice Vote, the motion carried unanimously. APPROVED B. Committee Reports 1. ZONING AND ORDINANCE COMMITTEE Mr. Ruge, Chair Notice of Public Meetings for 2002 Next meeting, Wednesday, December 12, 2001 at 4:00 p.m. 316 N. Capitol Ave., Department Conference Room. 2. URBAN DEVELOPMENT COMMITTEE, Ms. Patrick, Chair a. Act-25-2001, 12' x 297' Strip near Parcel B, Purchase of DNR Parcel In Committee, it was moved and seconded to approve Act- 25-2001, the acquisition of a parcel (PPN 3305-01-09-376- 018), located east of Richard Road and south of 1-96, for consolidation with the abutting City parcels (collectively known as "Highway Parcel B"), that this parcel receive the same designation regarding parkland status as the remainder of Parcel B, and that this recommendation is conditioned upon approval by the Parks Board. PLANNING BOARD MEETING MINUTES DECEMBER 4, 2001, Page 4 PLANNING BOARD ACTION was as follows: Mr. Ruge made a motion, seconded by Ms. Keene to recommend approval of Act-25-2001, 12' x 297' Strip near Parcel B, Purchase of DNR Parcel. Frederick . Aye Foster. . At Patrick. . An Smith . Ave Cordill . Aye Ruge . Aye Keene. . Ave On a Roll call vote, there were: Ayes: 7; Nays: 0; carried; unanimous; APPROVED Next meeting, Tuesday, January 29, 2002, at 4:00 p.m. 316 N. Capitol Ave., Department Conference Room. Ms. Keene made a motion; seconded by Ms. Foster to dissolve into the Committee of the Whole. On a Voice Vote, the motion carried. 3a. Committee of the Whole 1. Z-17-2001, 1400 Block W. Jolly Road, "CUP" Community Unit Plan to "A" Residential District. The applicant is requesting a rezoning from "CUP" Community Unit Plan to "A" Residential for the purpose of constructing a new church on the subject property. The requested rezoning is consistent with the surrounding zoning and land uses and will not have a negative impact on the environment or future patters of development in the area. The "A" residential district is also consistent with the master plan and the original zoning designation for the subject property. Staff recommends approval of the request to rezone this property. PLANNING BOARD MEETING MINUTES DECEMBER 4, 2001, Page 5 Ms. Keene made a motion, seconded by Ms. Cordill to recommend approval of Z-17-2001, 1400 Block W. Jolly Road, "CUP" Community Unit Plan to "A" Residential District. On a Voice Vote, the motion carried. 2. Z-18-2001, 627 N. Pennsylvania Avenue, "DM-3" Residential to "D-1" Professional Office District. This is a request by Neogen Corporation to rezone the property from "DM-3" Residential to "D-1" Professional Office District for the purpose of utilizing the existing building for three residential units and for temporary office use by Neogen Corporation. The proposed use would be compatible with the surrounding mixed land uses in the area. The NorthEast Area Comprehensive Plan designates this area for residential use. The proposed zoning change is inconsistent in part, with the Master Plan, which designates the property for residential use. There may be some impact on the existing vehicular and pedestrian traffic. There should be no significant impacts on the environment, public service or future patterns of development. Section 1260.03(f) of the Zoning Ordinance allows a residential use in the "D-1" Professional Office District if the residential District meets the dimensional requirements of the "DM-1" Residential District. The applicant is lacking the necessary lot area requirements for 3, 2-bedroom units in the "DM-1" Residential District. The applicant would be required to seek a variance from the Board of Zoning Appeals or reduce the number of units in the building. In addition, the applicant will be required to provide the necessary parking for the office and residential uses. A site plan will be required for the new parking area. Landscape, screening and buffering will also be required along the south edge of the site as part of the site plan review and approval. Staff recommends approval of the request by Neogen Corporation to rezone this property. PLANNING BOARD MEETING MINUTES DECEMBER 4, 2001, Page 6 Mr. Ruge commented that the outside was all done and looks very nice. Mr. Herbert explained that the vinyl siding already existed on the property. He also explained that Neogen repainted the cedar siding. He gave other upgrades as well. Mr. Ruge made a motion, seconded by Mr. Frederick to recommend approval of Z-18-2001, 627 N. Pennsylvania Avenue, "DM-3" Residential to "D-1" Professional Office District. On a Voice Vote, the motion carried. Ms. Keene made a motion, seconded by Mr. Ruge to arise from the Committee of the Whole. On a Voice Vote, the motion carried. 3b. Committee of the Whole, Mr. Smith, Chair 1. Z-17-2001, 1400 Block W. Jolly Road, "CUP" Community Unit Plan to "A" Residential District. Mr. Smith stated that it was not necessary to repeat the information from the committee and stated this request was moved and supported recommending the rezoning. PLANNING BOARD ACTION on the motion was as follows: Mr. Smith made a motion, seconded by Ms. Cordill to recommend approval of Z-17-2001, 1400 Block W. Jolly Road, "CUP" Community Unit Plan to "A" Residential District. Frederick . Ave Foster. . . Ave Patrick. . Aye Smith . . Ave Cordill . Ave Ruge . .Aye Keene. . Aye On a Roll call vote, there were: Ayes: 7; Nays: 0; carried; unanimous; APPROVED PLANNING BOARD MEETING MINUTES DECEMBER 4, 2001, Page 7 2. Z-18-2001, 627 N. Pennsylvania Avenue, "DM-3" Residential to "D-1" Professional Office District. Mr. Smith stated that it was not necessary to repeat the information from the committee and stated this request was moved and supported recommending the rezoning. PLANNING BOARD ACTION on the motion was as follows: Mr. Smith made a motion, seconded by Ms. Keene, to recommend approval of Z-18-2001, 627 N. Pennsylvania Avenue, "DM-Y Residential to "D-1" Professional Office District. Frederick . A e Foster. . Ave Patrick. . Aye Smith . Aye Cordill . Ave Ruge . Aye Keene. . Aye On a Roll call vote, there were: Ayes: 7; Nays: 0; carried; unanimous; APPROVED C. REPORT FROM PLANNING MANAGER Mr. Ruff discussed the following: 1. Planning Office has a new Senior Secretary - Sarah Stanich. 2. Planning Board Holiday Dinner- mailing will go out. 3. Senior Planner position is open. D. PENDING ITEMS (future action required) 1. Zonin and Ordinance Committee a• - - I Z23 N. I urner St "H""H"Light Industrial District to"G-1"Business District b. 9Tabled February 11, 1998 -5-98, 401-407 E. Grand Diver, "F"Commercial District to"G-1" Business District(Tabled June 10, 1998) C. Z-8-2000 3901 S. Martin Luther King Jr. Blvd., "F"Commercial to"H" Light Industrial District(Tabled June 14,2000) d. Z-15-2000, 301 W. Lenawee Street, Professional Office to"G-1" Business District(Tabled January 17,2001 e. P-1-2001,Tentative Preliminary Plat,Wexford Woods (Tabled June 13, May 9, 2001) f. PRD-2-01,"Crystal Woods", Planned Residential Neighborhood (Tabled August 15,2001) g. Z-8-01, Willoughby Rd.,"A"Residential to"DM-1" Residential, "D-1"Professional Office and"C"Residential (Tabled October 10, 2001 h. SLU-6-01, 517-519 E. Grand River Ave., Church in"�-1"Commercial District (Tabled November 14,2001) i. SLU-8-01, 3000 W. Miller Road,Additional Parking for an Existing Church (Tabled November 14, 2001) PLANNING BOARD MEETING MINUTES DECEMBER 4, 2001, Page 8 2. Urban Development Committee a. Act-9-2000, 201 E. Grand River Avenue, Proj. Sign Over ROW (Tabled June 27, 2000) b. Discussion of Comprehensive Planning Process. 3. Committee of the Whole 4. Planning Board a. Act-12-01, 5550 S. Pennsylvania- Market Fire Station for Salem (Tabled July 3, 2001). b. Act-13-01,4801 S. Cedar Street,Acquire for Fire Station (tabled July 3,2001). 8. NEW BUSINESS - None. 9. COMMENTS FROM CHAIRPERSON - None. 10. COMMENTS FROM BOARD MEMBERS Mr. Frederick presented his comments regarding SLU-6-01, 517-519 E. Grand River Avenue, Church in "F-1" Commercial District. He referenced Liquor Control Code, Public Act 58 of 1998, section 503. The Public Act exhibits prohibition of liquor license within 500 feet of a church or school building. Mr. Smith stated the term "church" is used in a generic sense. The common usage refers to a Christian place of worship. Discussion ensued. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS - None. 12. ADJOURNMENT - Meeting was adjourned at 9:08 p.m. Draft to Clerk November 15,2001 Approved 2001 To Clerk 2001 Minutes of the Regular Meeting LANSING PLANNING BOARD 7:00 - 8:30 p.m., Tenth Floor, Council Chambers 8:30 - Meeting Moved to Conference Room Lansing City Hall Tuesday, November 6, 2001 1. OPENING SESSION: The meeting was called to order at 7:05 p.m. by Chairman Frederick. A. Roll Call. Present: Frederick, Foster, Patrick, Smith, Keene, Ruge, Cordill. Seven members present; one vacant seat. B. Absences - None C. Introductions. Jim Ruff, Planning Manager introduced John Hodges, Senior Planner 2. APPROVAL OF AGENDA. It was moved by Ms. Keene, supported by Ms. Foster to approve the agenda. Mr. Ruff reminded everyone of the time restraints and room changes. On a Voice Vote, motion carried unanimously (7-0). 3. COMMUNICATIONS - a. FY 2003 Consolidated Strategy and Plan Submission - Schedule of Events The hearing for this will be November 20, 2001 regarding needs and that will be the first item that will be taken care of for the FY of 2003. b. Letter from Kenneth Meyer regarding SLU-7-01 4. HEARINGS - a. Z-15-01, 1001 E. Willoughby Rd., "A" Residential District to "D-1" Professional Office District John Hodges presented the case. This is an application by Gordon Long for rezoning a lot that is located at the Northeast corner of Georgia and Willoughby as described, "A" Residential to "D-1" Professional Office District. The property is surrounded on the north and the east by vacant land that has been acquired for development of an office complex. To the south there is a single family residential district in the Township and to the west PLANNING BOARD MINUTES November 6, 2001 Page 2 is single family residences. The zoning reflects the land use pattern. To the north and the east the area is zoned "D-1" Professional Office, to the south residential and the west is "A" Residential District. The Master Plan was recently amended for this area and it designates the site and the surrounding area to the north and the east for Professional Office Use and this property as well as the other property in the vicinity of the Holiday Inn has been consolidated and is part of the redevelopment and expansion effort to upgrade the Holiday Inn South to the regional convention facility. These professional offices were intended to compliment that general development. The lot is relatively small, 28,000 square, feet and this lot and one other lot are currently zoned the single family residential on the east side of Georgia Street. Mr. Hodges said he did get a call from a representative of the applicant, Mr. Long was unable to attend as well as his architect. No one in the audience wanted to comment on Z-15-01. This concludes the hearing for Z-15-01. This will be referred to the Zoning and Ordinance Committee, which next meets Wednesday, November 14, 2001, 4:OOpm, 316 N. Capitol Ave., Department Conference Room. b. Z-16-01, NW Corner of Aurelius and Miller Rd., "A" Residential & "DM-3" Residential to "H" Light Industrial John Hodges presented the case. This is an application by Martin Development Company to rezone a long narrow piece of property from the "A" Residential and "DM-3" to the "H" Light Industrial District. Most of this property is under the "DM-3" classification. The parcel is a long narrow piece of property that is about 300 feet deep and extends 2000 feet in the frontage of Miller Road. The surrounding land uses include industrial to the north, to the south is single and multiple family residential, to the east is wholesale/retail warehousing and quasi-industrial uses along Aurelius and to the west is single family residential and professional office. The surrounding zoning is consistent with the existing land use pattern. To the south is the "A" Residential District and the community unit plan that includes multiple family development. To the east is Delhi Township and to the west is "A" Residential and "D-1" Professional Office zoning classification. The Master Plan designates the site in question for professional offices purposes. The site in general seems to be part of the original farmstead and it does not appear that there has been any use of development in the way of cultivation in a number of years and it has been left in its natural PLANNING BOARD MINUTES November 6, 2001 Page 3 state. It appears that although the applicant has not expressed his particular purpose of the rezoning, giving the shallow depth and the amount of frontage it would appear that the parcel would be divided into a number of smaller parcels for development. Mr. Ruge said in the Master Plan, this area is designated for office use. Has there been any changes in the area? It seems to him that in the Master Plan the idea was to use the office as a transition between the more intense industrial use and the residential use south of Miller. Has there been any changes in the area? Mr. Hodges said no, he thinks that the development has been consistent with the time that the Master Plan was adopted. They have extensive industrial development and the industrial part on Aurelius to the north and single family residential neighborhood along Miller on the south side. He believes that the intent was to put a transition zone on the site itself to provide a buffer between the industrial and the residential that is to the south. General discussion ensued regarding land uses. Ms. Cordill asked if the property has been marketed at the current zoning? Has there been difficulty marketing the property at the existing zoning? Mr. Hodges said he could not answer that. JOHN PECKHAM, MARTIN PROPERTY DEVELOPMENT, representing Dorian Lange and Mark Kerrins. This was purchased from Jackson National Life Insurance Company as well as their old headquarters. The purpose of this rezoning request is really to, from a land use perspective, clean up a boundary line for zoning. As it exists today on the survey that they were provided, he would like to say relative to the survey, the first survey that he provided was in error and it included some property that he did not own, a residence that the Clarks in fact did own and that was a communication error between himself and his engineers and surveyors. He asked them to give a legal description for the parcel to be rezoned along Miller Road and they included the whole stretch along Miller Road and there is some acreage that the Clarks own that is not part of this application, but a residential structure as it exists today. The residential zoning district runs approximately 300 feet north of Miller Road and parallel to Miller Road. That line is contiguous to the "H" Light Industrial which is the balance of the zoning for Midway Industrial Park as it exists today. The difficulty comes into play in terms of the Master Plan calls for this land zoned for Office, however, that creates the same problem that they have today and it is a split zone in the event there is a structure that crosses that zoning line. Offices have to be on the south and the PLANNING BOARD MINUTES November 6, 2001 Page 4 warehouse distribution or production space has to stay to the north of that line. Office, affixed to warehouse or distribution space similar to what they have in Midway Industrial Park, for him to split that line with a construction of a new structure and keep one zoning ordinance in line and the other one in line becomes a little cumbersome, both from a planning perspective as well as just a logistical perspective. The surrounding land use, he would envision that this property be developed similarly to what is already seen in Midway Industrial Park, which is a combination of offices, a credit union, warehouse distribution space, Federal Express is there, Jackson National Life has their previous offices in there. So, he thinks that there will be a continuation with that same land use pattern. The question was asked from a marketing perspective if there is a reason to develop this. The property, in his perspective, currently it is not a residential zone any more, so to development that as residential along Miller Road and be contiguous with Light Industrial from the long term perspective does not make land use sense. There is 84 Lumber across the street on Aurelius. The south side of Miller Road residential structures and he does not envision that area changing much. So, from a marketing perspective this property can't be marketed as residential because there is not a residential developer around that will develop it that way. So, what is the next best land use? The Master Plan calls for office, which is a more transition zone, but again, it becomes what he perceives to be a cumbersome issue in that lets say someone wanted to build a 75,000 sq. ft. warehouse, with 20,000 office attached to it and he all of a sudden crossed that line. Now he can't have a contiguous structure, thus the project goes someplace else. So, it is just a tough situation. Utilities are available to service the site. Everything that is necessary to continue the expansion which it was originally set up to do in Midway Industrial Park to be developed in the manner in which it has been developed is in place to do so. That is the reason they are here this evening and he would be happy to address any questions. Ms. Foster asked once this gets resolved, how would they be able to stop the development of a sales lot, or public garage or bar, since it has already been zoned for that? Those uses can go in there, which are not compatible with the residential impacts. Mr. Peckham said the City of Lansing Zoning Ordinance is what he calls a pyramid ordinance. So, "H" allows for office, office does not allow for "H". The ordinance has to be looked at as a whole and she is correct. In theory they could put a retail center there, a bar there. In reality that is sort of like marketing to residential. It is not a retail market right there. To say that it would never happen, no he could not say that. The probability of something like that occurring is not great, but he could not say it is impossible. They are going to be developing a master plan for Mr. Lang PLANNING BOARD MINUTES November 6, 2001 Page 5 and Mr. Kerrins that would reflect how they would envision this being developed similarly to the contiguous property to the north. Mr. Ruge said his plan is then to not develop this property as a strip, but to combine it with the property that they own already to the north. Mr. Peckham said the property that is to the north is contiguous, there is a total of 40 acres in there, this represents 10 acres or less that they are rezoning there. So, yes, they would develop that consistent with what is north of the property that Mr. Lang and Mr. Kerrins owns, which is the old Boom and Marshall Building, Federal Express Building, those sorts of things. CMI has property in there that he owns and is developing, so it would be contiguous to that type of situation. Mr. Ruge asked if he would anticipate that there is going to be access to Miller Road from the industrial park? Mr. Peckham said that they will have to in some capacity extend a service road into the center portion of this site, because there is no access currently from Enterprise Drive. So, they would have to come in off Miller Road with a service road that would allow them to split this up into smaller parcels. When he says smaller, he is not sure what that would look like. It may be 2 acre chunks, it may be 2 acres and 5 acres, he is not sure. There would need to be service road constructed to go into Miller Road in order to service the balance of this real estate. There is no point in going into a Master Planning effort at this point until they know where they are with the zoning. Mr. Ruge asked if any of the buildings will front onto Miller Road? Mr. Peckham said yes he would anticipate that they would. From a marketing perspective that is the most valuable real estate. That is where their office type uses are going to want to go. Again, they are not opposed to office, that is not the issue. The issue is that it creates a line right down the middle of what could be a building that would prevent them from doing a project in some capacity. General discussion ensued regarding office uses. PASELY CLARK, 1801 E. MILLER ROAD. He is in the middle of this property in question. He has a house and a residence and they have lived there for 46 years. That has been residential or multiple dwelling as long as he can remember. They have had that 40 some years and never developed a thing in there. Now, the minute that this is made light industrial what does he have left? One hundred and eighty feet by two PLANNING BOARD MINUTES November 6, 2001 Page 6 hundred fifty. Money wise he would have nothing. What he has now is a house, he could not sell the property for what it is worth today. Everything they have is right there and that is it. He is not against progress, but if the house burned down he could not build it again. Mr. Ruff said his present property is not part of the zoning request so it would stay zoned residential if the other property was zoned as requested and if their house burned they could rebuild their home. If their property changed zoning as well, the potential could be that if it changed zoning to an industrial district, no he could not rebuild it without a special land use permit. Mr. Clark said that his house as it sets today is residential and he could sell it as residential or sell it to anybody that wanted to put a building on there? Mr. Ruff said any use that is in the present zoning district they could use it for. Single family home is the principal use in that district. Their property is not the subject of the rezoning it is encapsulated by the other property that is being rezoned. General discussion ensued regarding Mr. Clarks property. MARY EVELEIGH, 208 E. DIXON AVE, CHARLEVOIX, MI. This is her parents homestead (1801 E. Miller) and guess that they are concerned about it and she understand what they are telling her father that if he wanted to sell it as a residential he could sell that. But if it is zoned Light Industrial and they are sitting in the middle of it, who would buy her parents home and be comfortable if everything all around them is light industrial. She does not think that they could sell it. She knows she would not buy this. If she was looking for a residence to raise her family, she would not buy that home, which she loves. No one could buy it. They can say what they want about it being residential and never changing. But, when things change all around them, then how do they know what light industry entails? He does not have a specific plan. If they change it to light industry it can be pretty much what he wants to do there and when they say they want it changed to light industry, she wants to see the plans. When a house is built, they don't call the Planning Board and say that they want to build the house. Where is the plan and the survey and why did it sit for 44 years and never been developed as residential? Why can it not be residential? Why is it changing? She understands that there is light industry behind them and that it is not interfering with them, or access to her parents home, but they open that up to light industry and they don't know what they will be up against. They are opening up to whatever. PLANNING BOARD MINUTES November 6, 2001 Page 7 Unless there is a certain plan, how can they just say. . . As far as boundaries, they keep saying boundaries. They could have split it up parcels for certain buildings. What are they talking about half of commercial and half on, she does not know and it does not make sense to her. They are concerned because this is their parent's homestead. They have lived there 44 years and it has been paid in full for many years. They raised 12 children and he has taken care of the property and the surrounding property for 44 years. Nothing has developed except to the back of them, which they understood that it would happen and there is no problem with that but when they start right on Miller Road where they live and develop this around them, who is to say what is going to be put in there. They can't just leave it open to light industry. That is not a plan. That is their opinion. ANNE CLARK, 1981 BURTON AVE., HOLT, MI. She is also a family member of this family that has lived there many, many years. She has helped take care of Mr. Clark along with her parents for years. What her sister is saying is true. They may own maybe an acre or a little over, but they have taken care of a lot of property around them. It is beautiful up there. There are a lot of people who come buy and say how nice it looks there. Then, they want to put in something like this. Is there not enough around them that they have to take the wild life and the woods and whatever else is left and turn it into industrial place. Aren't they all getting a little closterphobic with all this? Are the taxes going to go up on her parents? These are questions that are going to be asked. What is going to be bothering them? All these people, they can't even get out of their own driveway now because of all the workers in the back and coming around to Miller Road to Aurelius. Can they imagine having all that industrial right there? How are they going to have all this traffic going up and down Miller Road? They have to put a stop sign and a light right in front of her parents house. It is ridiculous. Is this going to go right up to their fence in the back yard and take over the land that they have taken care of? He is told about a common law, they have taken care of more acreage around them for years, they are talking 40 years and they have to turn that over because someone else owns it! No one has taken care of it, her parents have. They have concerns, the whole family could be coming in. They could have 20 people just sitting behind her, that is just immediate family. But a few of them came to say this is ridiculous. Of all the other sites that they can go and have industrial places go up, why ruin a home life that has been there for years. They have to think about their taxes and their land. They called and complained a couple years ago about all the dust and the dirt and heavy traffic and her family could not even open up their windows. A lot of them have asthma in the family. She could not even go over there without getting asthmatic. Now they are PLANNING BOARD MINUTES November 6, 2001 Page 8 going to have a bunch of building and bull dozers going around and having dry dust and dirt and they will have to live in that? Try it, see how they feel if they have to go on drugs because they can't breathe because there is so much industrial. He was told by the city when they called and complained that there is nothing they could do, they can do anything they want. That is the response that she got when she called and complained. Now, they are talking about going into the back door. Think about their own selves. Would they like that around their homes? Around a family that has been there some 40 years. Put themselves in their parents spot and think about what they would have to go through. They don't live forever, everyone dies, but that has been their home land. That has been their home land and they are not going to move, they are going to stay there. But, think about what would have to be put up with if someone started building around their homes. Think about all the things that need to be considered, tax increase, are they going to use the driveway to get in the back, how much traffic will there be. Think about things and stand in their shoes. This concludes the hearing for Z-16-01. This will be referred to the Zoning and Ordinance Committee, which next meets Wednesday, November 14, 2001, 4:00pm, 316 N. Capitol Ave., Department Conference Room. Mr. Ruff said to note that this information is on the agenda. C. SLU-6-01, 517-519 E. Grand River Ave., Church in "F-1" Commercial District Jim Ruff presented the case. This is a request by Tony Lenior for Christian Family Fellowship Church, 517/519 E. Grand River Ave. A request for a special land use to occupy commercial tenant space for the church. The property is zoned "F-1" Commercial and there is no proposed change in the zoning. The property measures approximately 43 '/2 x 165 feet and contains approximately 200 square feet of lot area. Surrounding the property is primarily all commercial zoning and this area is part of North Lansing Old Town Area. In the "F-1" Commercial zoning district a special land use is required for the church use of the property. This is a two story brick frame building with primarily two commercial tenant spaces and apartments upstairs. The apartments are unoccupied, the church leases those so they can control the use of that building and they basically lease the entire building. Both store fronts are involved in the church use. For information purposes, the church occupied the building without knowing the requirement for a special land use that they do occupy the building at this time and they occupied it in the beginning of March. They are now going PLANNING BOARD MINUTES November 6, 2001 Page 9 through this process. The information became primarily evident during the time when there was an application for the liquor license for the Temple Club across the street on Grand River and since then Pastor Lenoir has filed for the special land use and supplied them with information to continue occupying the building. Ms. Keene asked Mr. Ruff to address the concerns that have been raised by Building Safety and Code Compliance about the certificate of occupancy and then gravel versus paved parking? Mr. Ruff said the gravel versus paved parking, the gravel exists there today and has existed there for several years and with the special land use permit it is very possible for the council to require paving. They asked about the 16 spaces that are accessible versus the 20 required. That is an evaluation that they will be going through with the report. Difficulty for the dumpster. These are things they will address in the report specifically and it is a site planning issue. Then, Code Compliance brought up the issue of showing double counted parking. All these issues will be addressed in the staff report when that is completed. They have not been addressed at this time. As far as Building Safety, they state that a certificate of occupancy is required for this use. Mr. Halstead, the inspector, needs to be contacted if a special land use is not granted. So, he would have to deal with the certificate of occupancy. Ms. Keene said if it is granted. Mr. Ruff said there was a permit pulled for this property for opening the building up for an assembly use and supposedly it is his understanding that they have met that code requirement. Now whether a certificate of occupancy has been issued he is not aware. Mr. Smith asked Mr. Ruff if he could clarify under the Board of Water and Light there is a heading that talks about the drawing that shows an access across a Board of Water and Light parcel and it says ". .. 1990 not a signable right of access, easement was granted. . ." Could he have clarification. Mr. Ruff said the Board of Water and Light does not directly abut this property. What they are looking at in this drawing is he was simply trying to identify where there are existing access points to the surrounding properties. Some of the difficulty with this property or other properties is how do they get to the parking? So, it is not real plain to see on the survey so he was highlighting on the plan where other people access property from. Their primary access for this property is the driveway that is adjacent to the property at 523. This is in front of that 22 foot wide road and then just to the east is the 15 foot wide access that has supplied access to this property that is adjacent, which is Lou's Barber Shop property, which the applicant has gotten permission to utilize to also gain PLANNING BOARD MINUTES November 6, 2001 Page 10 access. Otherwise there is no direct access to the rear of this property for vehicular purposes. There is also a continuum of parking that goes to the east toward Larch Street, so there are connections there. It is not to say that these are legally established but it has been a practice to gain access to these various properties and the Board of Water and Light does have property that does connect up to Liberty Street to the north and they have an unimproved drive, it has gravel on it, but it is just designed for their use of access to a well site. It is not fenced off all the way around the property so it has been customary for people to use that driveway from the properties to the west to gain access to their properties. It is an old situation and it is not easily corrected without a lot of people's cooperation or city involvement. That drawing is simply an explanation of how they gain access now and what spaces are available. Not to say that it meets code requirements, that will be evaluated in the report. Mr. Ruge said there seems to be an area where there seems to be quite a few restaurants and bars. Does he have any idea how many are in that area? Mr. Ruff said they have not evaluated that to this point. It can be evaluated. General discussion ensued regarding the types of development in the area of the church. Mr. Frederick said he has one request. If memory serves him, they did have some action on this specific case in the past and he wondered if they have staff research that for the report for the committee. Mr. Ruff said they can. He knows they had action on property just to the west. There was a Board of Zoning Appeals variance request for a variance for parking and that was not approved at that time, but that was for a property directly to the west of this. There was also a variance request for the garage building to go back on the rear property line of the Barber Shop lot. General discussion ensued regarding several cases surrounding this property. PASTOR TONY LENIOR, CHRISTIAN FAMILY FELLOWSHIP CHURCH. At the time that they moved into the property, they are leasing, they are not the owners, there were not problems with them moving in. They existed there from the time of March, 2000 up to the present time. With them being there from March until now, they were doing just fine until a request for a liquor license from the Temple Club. It is his understanding PLANNING BOARD MINUTES November 6, 2001 Page 11 that the State has a law, he did not make the law it was already out there. They moved in and no one said anything but when this Temple Club needs a liquor license, wait a minute, there is a church in the way. No one has said anything, no one has bothered them, they have not bothered anyone else. Then all of a sudden they need a special land use permit for a place that they have already occupied and have been using, parking and getting along and now all of a sudden they are standing in the way. But, in this country when it comes to bars, when it comes to X-Rated places and all this other garbage there is no problem, they get whatever they want and here is a church, and by the way the question as to whether it was a church. They are a church, according to the law. They have made it known that they were a church, they have proven that they were a church, yet there are still a lot of questions, are they up to code, do they have this or that. If this issue of a liquor license had not popped up, they would still be existing there and he would not be there this evening because they would not be in the way of something that the city wants and the State wants. The State overruled them and said they are going to give them the liquor license. The church said o.k. give them the liquor license. They gave it to them because the State said that they feel that the two can occupy that corner there without bothering each other. Now, they are not the owner of the property, they are just leasing the property, but yet they are still forced to apply for a special land use permit, so when he applied for the sign saying he is moving into there and this is going to be a church, at that time the city should have said, wait a minute where is this church going to be, we (the city) need to research their records and see if they meet all the codes and standards for placing a church there. But no, they were given permission to put a sign there to say to the public, this is a church. They are using this space as a church, but now all of a sudden, he is trying to understand this. He can understand this if it is his property, but he is leasing it. The owner, who leased the property to him, stated that the property or the inside had been inspected by the city and the inspector asked him if he had it rented out and the owner told him yes and it is going to be a church. The inspector said great, this is good for this neighborhood. They moved in and he talked to everyone in the surrounding area. They told him they were glad they were there and that they would improve the neighborhood. They moved there and the neighborhood has gotten better. But now they want to take the church out. He thinks that is a problem. What has the church done? The church has only helped people. A woman walking down the street, ready to commit suicide. They invite her in, talk with her, council her, the woman is living and working today and doing well. Other people have come along and they have helped them. They pass out clothes, they kicked out the drug dealers, they have kicked out the prostitution, they have only taken over a building and made it better, made the community better and yet they want to kick the church out. He thinks the thinking about this is all PLANNING BOARD MINUTES November 6, 2001 Page 12 wrong. Maybe they should move in another church to help it instead of putting up another bar. Yet, there is a church in the way. By the way, they want all the churches over on this side of town. Why do they have to be over there, why can't they be over here. He does not know and is saying to the Committee. They did not come asking for this, they are just trying to exist and help people live, love, save their lives and teach people how to their change their lives and live better lives. So, if they want to kick them out it is on their hands. BERNADINE YOUNG, 2018 PROVINCIAL. She owns the building just west of the church and she has owned it for 5 years. It was vacant when she bought it and she worked day and night, weekends and every spare moment she had. She put every penny she could get into this building and she is desperately getting it rented. She has tenants and she has never had it full. This is a commercial area and the more commercial spaces they have the better it is going to be for their strip of commercial property and for her property to be able to rent it as commercial. She has worked very hard with the Old Town Main Street Office in trying to develop the general Old Town area and she would like to see it up and coming. She thinks that churches make extremely good neighbors, she really likes the church, she likes having them around, however, she does not like them in stores front buildings. She personally has the connotation from various areas that she has lived in the past when they see a lot of storefront churches in commercial areas it seems to her that is when the property has been going down hill. It is her perception of it from things that she has seen in the past and what she really wants is for Old Town to blossom and bloom and be thriving and have all kinds of activities. She would like to see the church survive with them, but not in a storefront, not in commercial space. LINDA SUTTON, 811 N. CAPITOL AVE. She is the Executive Director of Old Town Main Street. It appears to her from the agenda that they did not receive a correspondence that the Old Town Commercial Association sent in regards to this matter. With their permission she would like to read this letter to the Board: (Mr. Frederick asked if they could be supplied with a copy as well.) This is written by herself on behalf of Old Town Commercial Association in regards to this special land use permit. The Old Town Commercial Association has always enjoyed a good relationship with the landlords and the tenants that work, live and play within the boundaries that are referred to as Old Town. One of the missions of their association is the recruitment of new business and the retention of those businesses that are already established. PLANNING BOARD MINUTES November 6, 2001 Page 13 It is the opinion of this Board and the people that they represent that it is not of the best interest of the development of this district to have a church located at the 517/519 E. Grand River address. There are several properties within 500 feet of that location that are great potential candidates for entertainment type businesses. As you know, they continue to work hard to expand the arts and the entertainment venue as part of their overall economic plan. As they enter this concern for the issuance of this special land use permit, they also offer their assistance to the congregation to help find a home located within Old Town that would suit their needs. If there are any questions, they would be able to answer any of them and thank you for letting them express their opinion. This concludes the hearing for SLU-6-01. This will be referred to the Zoning and Ordinance Committee, which next meets Wednesday, November 14, 2001, 4:OOpm, 316 N. Capitol Ave., Department Conference Room. d. SLU-7-01, 2800/2900 Block of Pleasant Grove, Construction of a New Church Facility Jim Ruff presented the case. This is a request by Harold Singleton and Friendship Baptist Church currently located at 925 W. Main Street, Lansing, for a special land use to occupy the property in the 2800/2900 Pleasant Grove Road for a new church location. The property is currently zoned "A" and "B" Residential Districts with some "J" Parking. They do not intend to request a rezoning of the property and primarily it is single family development around the property as well as "A" Residential Zoning. The property is approximately 15 'h acres in size and the church would like to build a facility that would include a sanctuary, fellowship hall, offices, classrooms and parking. Potentially in the future an addition for a gymnasium. This is pretty much vacant land that they are proposing to construct a church on here and the property runs all the way through to Viking Road to the west. It has fairly narrow frontage on Pleasant Grove and so the church facility would be built in behind on the west portion of the property that is larger and it is behind a complex that is called Apple Tree (Jack). It is a small condominium development of approximately 4-8 dwelling units that was the initial phase of a development that has not gone further. So, this would go in behind there with a driveway fairly close to opposite of Holly Way. PLANNING BOARD MINUTES November 6, 2001 Page 14 Mr. Smith said he went down and looked at the property and he is unclear as to where the access would be. Would it be coming off Maloney or would there primary entrance be off Viking? Mr. Ruff said the primary entrance would be off Pleasant Grove and would parallel the condominium driveway that comes off Pleasant Grove, removed from it and there would be ample space for buffering. It would require a new curb cut. Mr. Smith asked if the stand of trees in the back of the property would be taken out? Mr. Ruff said there are a couple stands of trees. There is one that presents a very shallow view from Pleasant Grove so, there is an opening off of Pleasant Grove and then there is a stand of trees and beyond that is another opening where the church will be constructed. So some of those first stand of trees would be removed for the development of the driveway into the property. That is what is proposed on the plan. The architect is here and could explain more about the site plan. Ms. Keene asked if there is more than one entry or exit besides the one on Pleasant Grove? Mr. Ruff said the site plan that has been included, includes a driveway to Viking Road. The code requirement is that the access be on a principal arterial, a minor arterial or collector street. Pleasant Grove is a collector street so that needs to be the primary entrance. This shows an entrance off of Viking Road as well. Which could be a service entrance, an auxiliary entrance, or fire lane. It could take on a number of purposes but primarily there is a street that does connect Pleasant Grove with Viking just north of there. There is driveway in the site plan to Viking. Mr. Ruge asked if Viking is a residential street? Mr. Ruff said it is a local residential street. BOB SMITH, HOBBS & BLACK ARCHITECTS. He represents Friendship Baptist Church. Also, Reverend Stone is here and he is available for any questions that the Board might have. This is a parcel that is about 15 '/2 acres. (He described the site plan.) They tried to conserve as many trees as possible on the property. There is a driveway that comes in from Pleasant Grove but the church facility is located on the center 1/3 of the parcel as far away as possible from all of the boundaries. The church has at least a 100 foot buffer on the north, he thinks it is a 105 feet and there is a large wood lot of trees that go along the existing north PLANNING BOARD MINUTES November 6, 2001 Page 15 edge. The southern edge is less densely landscaped but there are some trees along the southern edge and there are some trees along the east edge and they have to penetrate those trees to even get into the parcel. Then to the west is Victor Street and the park across the Street. The driveway that was mentioned comes in from Pleasant Grove and into the parking lot and it does continue through to Vicking on the west. One of the comments on the staff report was that was a potential cut-through street or cut through on the parcel. As the Board can see though, the curbing and the snaking through the parcel it is not a good cut-through. It is going to take longer than to go on Victor to the north. Victor to the north goes right straight through. This is not a good short cut or cut-through. It is not critical to the project, but they think that it would be an addition to the project because hopefully some of the members from the neighborhood would possibly join the congregation. This is not a good arrival point for the church from anybody coming outside of the neighborhood. This really just serves the neighborhood, it gives a second access point for the fire department and emergency vehicles. The church proposed is about 37,000 square feet. It has about 700 seats in it. It is intended to start construction hopefully next spring if all of this is approved and they receive the permits and finish up the design. The Park's and Recreation said to maintain the natural buffer on the west side of the property as to not interfere with program activities in the park. They do intend to do that. Public Service made a comment that Maloney Street is currently a dead end street and the ROW is insufficient for a cul de sac and they requests additional ROW north of Maloney in order to construct a cul de sac or turn around. That would be difficult as the Board can see, they are showing a shallow retention basin in that part of the parcel that is required by the code. Maloney Street is a very short street and does not know if a cul de sac would be required but perhaps a "T" intersection or "Hammerhead" turnaround could be provided at the end of Maloney, but this portion is part of a shallow retention basin for storm water. Mr. Ruge asked that the street that is south of the project, is that developed as single family homes. Mr. Smith said yes, the street that is located there is single family and then Maloney is a short street that comes off from a street. He thinks that there are 6 to 8 homes on Maloney Street. Mr. Ruge asked how close the parking lot comes to the southern boundary line. Mr. Smith said the parking is shown in two phases. The first phase is 100 feet from the south parcel. The second phase would only be built if the PLANNING BOARD MINUTES November 6, 2001 Page 16 addition is put on and additional parking were needed and that is 30 feet from the south boundary line. General discussion ensued regarding parking. JIM POCAN, 2913 PLEASANT GROVE. He wants to welcome the church into the neighborhood. The sign has been up for 8 or 9 years and he has always wondered when they were going to build it. He lives in the lot right across the street and it has been really nice, he has been there for 23 years. He said he always knew that something was going to built there and better a church than a subdivision. What he is concerned about is the traffic on Pleasant Grove and the sewers and the utilities. He has lived there since '78 and Pleasant Grove is in between Waverly and Martin Luther King and is used as an in between for the people who don't want to take either one of those streets. The speed limit is now 35 mph, so that means that normal speed down to there is about 50 mph. His house is the only house that will face the church, from property line to property line and it is very hard to get out of the driveway as it is right now, especially in the morning when the kids are going to school and at 5:OOpm when people come home from work. They have talked with police over the years about stepping up patrols down there and they have not done much. They come out a week or two before school starts and put a motor cycle down there at Apple Jack for a presence so people start to slow down before the kids start to school. That is one of the other things down there, where the church is going to be is a main walking area for the kids coming home from Dwight Rich Middle School and there is a lot of traffic down there. Plus, if they see the plans right, the driveway is going to come out on Pleasant Grove and there is a huge utility pole there and on their side of the street there are no utility lines or poles just some lights and he is wondering if the city is going to bury those utility lines and plus when they built Apple Jack there was sewer on the curb and their driveway took out that curb so they put the sewer flush on the road and every time it rains the whole street floods. Basically all they will do is come out with a shovel and put it 5 feet away and the next time it rains it comes right down on the drain again, he said that it is such a big building he is sure that their sewage and water needs are going to be huge. If they have already approved this, do they have any plans to improve the road, improve the utilities, the sewers things like that? Mr. Ruff said he does not know about plans for the sewers and such, and no the city has not approved the plans for the development of the church at this time. They have not been presented for that purpose as yet. He is sure that the architect firm is looking at the sewer lines for the capacity. The only thing that he knows now that has been contemplated for Pleasant Grove is there is a proposal for traffic calming. PLANNING BOARD MINUTES November 6, 2001 Page 17 Mr. Pokart said that there is parking along the curbs on Pleasant Grove and people have come around and rear ended cars that are parked. Mr. Ruff said he believes that there is a plan from the traffic office to include stripping on the street for two lanes only and then having a bike lane as well as parking. He is not sure all the details of that. The Transportation Office could address that. As far as the sewers go they can check into that but he does not know all the information on that. General discussion ensued regarding Pleasant Grove. DALE HAWKINS, 2617 VICTOR. The property is in his back yard and has been for 25 years. He can not be against progress, but he has enjoyed the vacant property over the years. He would want consideration in the plan that all the traffic should enter and exit on Pleasant Grove. There should be no exiting on Viking because it is a two lane basic residential adjacent to a park. The other consideration is the grade of the property to continue for the storm water. In his area, the storm water would have a tendency to drain off and he knows that when they build parking lots and buildings, it just creates more of a storm water problem. The trees in the area, in his area there are not really trees but brush and probably not a good buffer for a building or parking lot and that is why he recommends some kind of berm with planting of trees and shrubs that would be more appropriate than some of the bushes and trees right now. The architect did mention modern technology for lighting so they don't light his whole neighborhood up for the parking lot or the security of the facility. He hates to see his yard glow and he hopes that all the modern technologies are built into the facilities and they don't use up all of the green space. A short recess was taken to move to the Conference Room in the back. d. SLU-7-01, 2800/2900 Block of Pleasant Grove, Construction of a New Church Facility No one else wished to speak regarding SLU-7-01. This concludes the hearing for SLU-7-01. This will be referred to the Zoning and Ordinance Committee, which next meets Wednesday, November 14, 2001, 4:OOpm, 316 N. Capitol Ave., Department Conference Room. Someone asked the process at this meeting. Mr. Frederick described the process. PLANNING BOARD MINUTES November 6, 2001 Page 18 e. SLU-8-01, 3000 W. Miller Rd., Additional Parking for an Existing Church Jim Ruff presented the case. This is a request by Life Changes Christian Church, 2000 W. Miller Road. They are property owners and what they would like to do is add to their parking lot. They would like to add to the west toward Wise Road. There is property that is 150 foot wide by 247.5 feet deep over 8/10's of an acre and is rectangular in shape that goes out to Wise Road and they wish to add parking. That property was not part of the original development of this site and the additional parking on a residentially owned piece of property requires a special land use. This is not a special land use for the church per se but to add parking on a residentially zoned property. This will go through site plan review. There are a couple of functional design issues that need to be taken care of but it will be reviewed by the site plan review process. Ms. Foster asked if this parking was added, the church will use it? Can any other surrounding uses use it? Mr. Ruff said potentially if they granted permission to a resident that had some visitors staying at their house and they did not have enough parking at their home they could call the church and ask if they could park their visitor's cars in the church parking lot. It is not for the commercial tenants near by. There is really not a lot of commercial people nearby. There is Gordon's Supply to the south. There is another church to the south and parsonage house there. There is a Bobcat dealer in the area. Otherwise it is primarily residential. Fairly large lots and some small lots, much undeveloped. Mr. Ruge said just north of this proposed parking area there is a 33 foot wide lot. Is that vacant? Mr. Ruff said he does not believe that it is occupied. They can find out about that. Mr. Ruge asked if that building is going to be taken down. Ms. Foster said she thinks it is called a qwonset. The owner said that will stay. General discussion ensued regarding the outbuilding. Mr. Frederick asked about landscaping and buffering and lighting control being discussed in site plan review. PLANNING BOARD MINUTES November 6, 2001 Page 19 Mr. Ruff said it is all required. Mr. Ruge asked how wide the buffering strip from the south near the parking lot? Mr. Ruff said it looks like there is a 10 feet buffer proposed there. There needs to be 120 feet for the four bays of parking. It looks like with the property being 150 feet wide there is 30 feet left over and there is approximately 15 feet around that side. Mr. Ruge said they might want to consider a bigger buffer around that one side because the house is located so close to the one property line. There does not appear to be anything on the north property line for some 30 some feet. Ms. Cordill asked if they are in a deficit of parking? Mr. Ruff said there is parking on the other side of the building and he does not know. He does not think it is a deficit for parking, he thinks it is a convenience to move most of the parking to the front of the entrance of the church. That is a good question for the applicant. It was developed to meet code requirements originally. General discussion ensued regarding the parking and the development. Mr. Ruge said on this topographical survey it shows a finger of property that goes to the north all the way to Newark. The church must own one of these residential structures? Mr. Ruff said he does not know if it is a residential structure, but they own a property that goes all the way through to Newark. He knew New Jerusalem Church added properties to their property and it looks like it could be. JAMES TRAYLOR, ASSISTANT FINANCE DIRECTOR, LIFE CHANGES CHRISTIAN CENTER. Basically to address some of the questions. That outbuilding is really undecided if it is going to stay there or not. If they need to adjust the plans they can. If it does stay it is because of a lack of storage space in the actual church. The parking lot is intended to go in where that structure is. The second question was the property that goes to Newark. That topographical map is more so when New Jerusalem owned that property. They owned several of those homes in that particular area. That parcel does not go to Newark, but half way between the remaining property and Newark. There is a private residence there owned by someone else. The reason for the additional parking is because of a deficiency in parking spaces. At the last juncture when New PLANNING BOARD MINUTES November 6, 2001 Page 20 Jerusalem used the property, they had a very minuscule amount of members, probably 50 members total at the point that they moved. Right now Life Changes has approximately 1500 to 2000 enrolled members of their church. Based on their statistics and also church industry statistics, 2.5 to 3 people come in each particular car. Right now the capacity of that particular structure is around 1500 people. As a matter of fact, they had 1500 people there for the Halloween Carnival. As a result they had to park people both at Harley Franks Elementary School and Hill Vocational High School. This additional property wont subside all the deficiency in parking it is only going to add an additional 85 spaces, which gives the capacity to add another 300 people of the 1500 already spoke of. The parking spaces are very much needed. It is not an issue of convenience, it is an issue of need, as well as when other properties become vacant around that structure they intend to achieve purchasing them in order to alleviate further parking problems or whatever they can accommodate the members being parked on campus rather than getting permission from the school board to use their parking spaces. Mr. Ruge asked how many parking spaces there are now? Mr. Traylor said they have 250 lined parking spaces. Mr. Ruge said lined, are there any other paved areas that are not lined. Mr. Traylor said formally when New Jerusalem owned the property it was not lined. So, there was no way to determine how many cars could be parked there. The place was just lined last week. Mr. Ruge said the main meeting area can hold 1500 people? Mr. Traylor said no, what holds 1500 people is the main seating area which holds approximately 700 people as well as the gymnasium which holds 500 people. They also have 8 classrooms that have a capacity of 40-50 people per classroom. Mr. Ruge said they are planning their parking on having their whole facility filled up with people? Mr. Traylor said like he mentioned before, the maximum they are going to get even when that 85 spaces are added is 1,005 people. The capacity of the building is around 1500. That is church statistics of 2.5 - 3 people per vehicle. Ms. Foster asked how many times a year will they get their maximum of 1500 people? PLANNING BOARD MINUTES November 6, 2001 Page 21 Mr. Traylor said right now they are going to hit that maximum 6-7 times per year. But, what they have to take into consideration is that their church is only 8 years old and it has approximately 2000 people. They have an average of 200-300 additional members per year. They have taken in 51 people in the last month for new membership. Their church is a fresh young vibrant church and they intend to maximize whatever amount of people would like to attend there. Ms. Keene asked how many people on an average Sunday service do they have at the church? Mr. Traylor said for one service, which is 11:00am on Sunday, is 700 people in the building at that time. Mr. Smith said if he understands, they have had the church for 8 years. Mr. Traylor said they have only been at that facility for a month and a half. Mr. Smith said it will take 1500 people and the congregation is growing at a rate of roughly 200 to 300 people a year and that is what they anticipate continuing at that rate? Mr. Traylor said they anticipate outgrowing that rate by leaps and bounds. Mr. Smith said that leads to his question. Clearly then, they see themselves expanding. Do they see themselves expanding by having an additional facility at a different location or a much larger structure for the church. Mr. Traylor said it depends. His pastor would have to speak on that but he is not present. He will speak on what he believes the vision is for the church. There is a property that is near the facility now, that they have some intentions of buying, but they would prefer that everything stays on one campus. There are some lots in that community and as they become available they will attempt to purchase them. MR GHULAM SUMBAL, 2143 WHITE OWL WAY, OKEMOS. He owns a narrow strip of land south of this proposed area. This is only 50 feet wide and 250 feet long. If this parking materializes that house would be surrounded by just concrete and black top, nothing else. That would be detrimental to this house as a single family home. He does not want to be near the church and farther from God, so he think that there should be some green space in there so they can all accommodate that green space. He would like to have a good relationship with the people there. PLANNING BOARD MINUTES November 6, 2001 Page 22 This concludes the hearing for SLU-8-01. This will be referred to the Zoning and Ordinance Committee, which next meets Wednesday, November 14, 2001, 4:OOpm, 316 N. Capitol Ave., Department Conference Room. 5. COMMENTS FROM THE AUDIENCE (5 minutes each) - JAMES TRAYLOR, ASSISTANT FINANCE DIRECTOR, LIFE CHANGES CHRISTIAN CENTER. He does not know if the Planning Board addresses this issue, but he does have a slight problem with the 4-way stop at the corner of Pleasant Grove and Miller Road. The problem is not that it is inefficient means of traffic flow, it is an efficient means if each person abides by stopping and waiting their turn to turn on what prospective street they are turning on. The problem he foresees is that with the amount of members they have now. . . The thing is unlike most churches they are a Sunday through Saturday church. They are not a Wednesday and Sunday Church. They have different types of meetings whether it is women's bible study, men's bible study, all types of events happening through the week. The problem at this stop is eventually it is going to cause a lot of problems. He has seen a few accidents there already and he does not know what the long term effects of this is going to be proposed by their church in particular on those two stretches of highway there. He does not know if he needs to address this to some other form of the City of Lansing. What does he need to do to propose a stop light goes there. Mr. Ruff said the Transportation Office and the Traffic Engineer, Dave Berridge would be the appropriate contact. Mr. Traylor said his second concern is in exits. His 11:00 service there is approximately 700 people there and 200-300 cars at any particular time. He does not know the possibility to address hiring police officers or petition the city that someone comes to control the traffic. Churches in larger cities like Detroit, New York, they do this type of thing. He does not know if there is some agreement and the congregations with the cities. Mr. Ruff said that would be a good conversation to have with Chief Alley. Otherwise calling the South Precinct to talk with Capt. Forrest. They could help them out on special occasions and does not know if they could help on a regular basis. Mr. Frederick said the City of Lansing has a Police Commission that he thinks they would be willing to listen to that as well to help getting this through the Police Department. 6. RECESS - none taken PLANNING BOARD MINUTES November 6, 2001 Page 23 7. BUSINESS A. Minutes for Approval: October 16, 2001 Moved by Mr. Smith, supported by Ms. Patrick, to approve the minutes of October 2, 2001 as written. On a Voice Vote, motion carried, the Minutes of October 16, 2001 were APPROVED. B. Committee Reports 1. Zoning and Ordinance Committee - Mr. Ruge, Chair The next Zoning and Ordinance Committee meeting will be Wednesday, November 14, 2001, at 4:00pm, 316 N. Capitol Ave., Department Conference Room. 2. Urban Development Committee - Ms. Patrick, Chairman. a. Election of Officers Jan Patrick, chair They decided to postpone the nominations for Vice Chair until Mr. Smith could come back to the Committee. b. Act-24-01, SW Corner Lenawee St. and Capitol Ave., Vacate BWL Easements The Board of Water and Light is requesting authorization to vacate four easements that used to serve the Days Inn but are no longer needed to facilitate the redevelopment of the Michigan Catholic Conference Building. The Board has by resolution approved the vacation of these four easements. The site plan review has been completed on the project and this is the last outstanding requirement. The staff recommends approval of Act-24-01. The findings of the Committee were as they looked through the criteria that: a. The location of the proposed vacations of the easements will not affect service by other utilities. b. The character of the area and future land use designation is a mixed use of residential and office use and will not change as a result of the proposal. C. There does not appear to be any impact on vehicular or pedestrian circulation. d. There is no anticipated impact on the environment associated with the vacation of these easements. PLANNING BOARD MINUTES November 6, 2001 Page 24 In Committee it was moved, seconded and carried unanimously (3-0) to recommend approval of Act-24-01, SW Corner Lenawee St., and Capitol Ave., Vacate BWL Easements. PLANNING BOARD ACTION was as follows: Ms. Patrick made a motion, seconded by Ms. Keene to approve Act-24-01, SW Corner Lenawee St., and Capitol Ave., Vacate BWL Easements. On a Voice vote, the motion carried unanimously (7-0). APPROVED C. Master Plan Project Discussion Mr. Rieske provided the Committee with updated materials and a verbal update on the process. The discussion focused on the contracting process. The project time table availability of staff for the activities and possible approaches to district planning. Members were asked to provide comments as soon as possible to Mr. Rieske. The next meeting is, Tuesday, November 27, 2001, at 4 p.m., 316 N. Capitol Ave., Department Conference Room. 3. Committee of the Whole - none 4. Executive Committee - none C. Report from Planning Manager - Mr. Ruff said he wanted to try to resolve what they are going to do in December with the idea that it looks like the cut off for the December hearings is this Thursday and there are one or two public hearings. If they cancel their second December meeting and have their annual dinner on that evening instead and have time for discussion and see where the Board has gone this past year. He has some goals for the Planning Office and he would like to share them with the Board. They will try to schedule, if it meets with their approval, a dinner either like they did in the Parthenon last time or some other location. If that meets with the Board's approval they will try to schedule December 18, 2001 to have a holiday dinner and time to catch up on things. This would be at 6:00 p.m. He would like to get formal approval so it can get on the proper agenda. Mr. Ruge moved; Mr. Smith supported to cancel their regular business meeting on December 18, 2001 and have their Annual Planning Meeting in its place. On a Voice Vote the motion carried unanimously. PLANNING BOARD MINUTES November 6, 2001 Page 25 General discussion ensued regarding meeting places for this. Mr. Ruff said he still does not have the staffing up to date but he does have another person interested in the Planning Board that he is getting an application to and some other people applying of the Historic District Commission and Board of Zoning Appeals. There is one BZA name in front of council. Mr. Frederick said he neglected to include the memorandum from Ms. Stachowiak regarding the South Lansing Community Action Draft Plan in the Communications part of the agenda. Does Mr. Ruff know anything about it. He had a chance to glance over it. Mr. Ruff said this is a draft plan from the South Lansing Community Action Group, south side Summit and it was passed along and is part of the Capital Community Voices project which sponsored the Ingham County Health Department as well as the Telecom Foundation and Regional Medical Center. It is not a planning document but is a tool that they plan to utilize for information for the Master Plan. It was a health oriented type of project. General discussion ensured regarding this document from South Lansing Community Action Draft Plan. D. Pending Items: Future action required 1. Zoning and Ordinance Committee a. Z-1-98, 1223 N.Turner St., "H"Light Industrial District to"G-1"Business District (Tabled February 11, 1998) b. Z-5-98, 401-407 E. Grand River, "F"Commercial District to"G-1"Business District(Tabled June 10, 1998) C. Z-8-2000, 3901 S. Martin Luther King Jr. Blvd., "F"Commercial to"H"Light Industrial District(Tabled June 14,2000) d. Z-15-2000, 301 W. Lenawee Street, Professional Office to"G-1" Business District(Tabled January 17,2001) e. P-1-2001,Tentative Preliminary Plat,Wexford Woods(Tabled June 13, May 9, 2001) f. PRD-2-01, "Crystal Woods", Planned Residential Neighborhood(Tabled August 15,2001) g. SLU-3-01, Cavanaugh west of Aurelius (Tabled August 15,2001) h. Z-8-01,Willoughby Rd.,"A"Residential to"DM-1" Residential, "D-1" Professional Office and"C"Residential (Tabled October 10,2001) 2. Urban Development Committee a. Act-9-2000,201 E. Grand River Avenue, Proj. Sign Over ROW (Tabled June 27, 2000) C. Discussion of Comprehensive Planning Process. 3. Committee of the Whole 4. Planning Board a. Act-12-01,5550 S. Pennsylvania- Market Fire Station for Salem (tabled July 3, 2001) b. Act-13-01,4801 S. Cedar Street,Acquire for Fire Station (tabled July 3,2001). 8. NEW BUSINESS - none 9. COMMENTS FROM CHAIRPERSON - none. PLANNING BOARD MINUTES November 6, 2001 Page 26 10. COMMENTS FROM BOARD MEMBERS Mr. Smith said this is something that he would like to bring to the Board's attention and Mr. Ruff's attention. The conversation earlier about the traffic on Pleasant Grove and Victor particularly when school is in session. They get out of school at 3:OOpm. The parents coming to pick the children up park on both sides of Victor and the buses leaving the school also make their turns or right onto Victor. The situation that develops is that there is one lane of traffic and usually the principal or other official from the school playing police officer directing traffic. People who live in that neighborhood who know that situation take pains to avoid it, but it is a dangerous situation and unfortunately it is a problem that the school has it does not do a very good job of controlling the kids. They dart into the roads wherever and whenever they please and it is amazing that nothing more serious has happened to date. He does not know if there is anything to alleviate that, he will say that it would certainly help matters if they could not park on both sides of the street, but only one side. Ms. Keene asked on Victor near where? Mr. Smith said between Deerfield and Pleasant Grove. General discussion ensued regarding the traffic control and flow at Victor and Pleasant Grove. Mr. Smith said there also are some shrubs and trees that need to be trimmed because it is hard to see around them. It is a very hard intersection to negotiate when the traffic is good and when there is that type of congestion with junior high kids who are scattered and run in packs and liable to run into the street at any point it is a very hazardous situation. Mr. Ruff said he knows that some traffic calming has been done in the area and there is probably a study that has been done. He will talk with transportation to get some update. Mr. Smith thinks the school officials should be involved in this. Colonial is the other street on the north side. There is more area there and less traffic there. When school lets out there is relatively little traffic there. He is not sure why. They might just want to let the parents know that Colonial is a better pick up point and look at where the buses enter and exit. General discussion continued regarding this issue. Ms. Foster said this is a question. For the December meeting, what they could do, what other things should they be doing as a Planning Board? Mr. Ruff said they do have an evaluation form and he will send that out at the same time. PLANNING BOARD MINUTES November 6, 2001 Page 27 Ms. Foster said is there other examples of other Planning Boards that are doing more or less? She feels like know that she know what they are doing and do they have potential to do more? What other things can they do or not do? Mr. Ruff said in the past the Board has requested various studies like with Gas Stations which was more than 20 years ago. Pharmacies seem to be taking that place. There was a gas station on every corner at one time and when that was developing the Planning Board asked what type of impacts are there and what type of things can they do and that is why they have the specific zoning "E-2" Local Shopping District so it could be control what happened afterwards. There may be some issues like what Mr. Smith brought up. Those are important for the quality of life in the community. General discussion ensued regarding other things the Board could do. General discussion ensued regarding the land use document that was included in the packet. Mr. Ruge would like to see the Board more involved in site plan review. Also, he previously had asked about Marshall Street, they just had a line going down the center. They have done something more from Grand River to the Armory it is three lanes now and they have bike lanes there. It has slowed down the traffic a little more. Mr. Ruff said that he will pass along the comment on people passing on the third lane to the Transportation Office. Mr. Frederick said there was a fatal accident on Aurelius Road, which is why she brought it up. Mr. Ruge said the last thing. The City Mission on Michigan Avenue. Is that considered a church? Mr. Ruff said he knows that they hold chapel services there every evening. General discussion ensued regarding the churches in commercial, churches in general. Ms. Patrick said the Old Everett Association filed their formal papers on Thursday and it roughly tracks the second ward. Their focus is on physical development. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS - none Holly Cordill will be joining the Urban Development Committee. Mr. Ruge asked about the church on Michigan Avenue that tore down the Muffler Building. It has never been improved. PLANNING BOARD MINUTES November 6, 2001 Page 28 Mr. Ruff will ask Doris Witherspoon to get with them. 12. ADJOURNMENT was at 9:55 p.m. Respectfully submitted James A. Ruff, Secretary, Planning Board =091801 Approved as written 12-04-01 Draft to Clerk November 29,2001 Approved December 4,2001 To Clerk December 7,2001 Minutes of the Regular Meeting LANSING PLANNING BOARD 7 p.m., City Council Chambers - Tenth Floor, Lansing City Hall 124 West Michigan Avenue Tuesday, November 20, 2001 1. OPENING SESSION: The meeting was called to order at 7:05 p.m. by Chairman Frederick. A. Roll Call. Present: Frederick, Foster, Patrick, Smith, Ruge, Cordill. Six members present; one vacant seat. B. Excused Absences - Keene (Ms. Patrick made the motion; Seconded by Ms. Foster to give Ms. Keene an excused absence from the Planning Board meeting of November 20, 2001; On a Voice Vote, the motion carried unanimously.) C. Introductions. Bill Rieske, Principal Planner introduced Susan Stachowiak, Zoning Administrator, Doris Witherspoon, Senior Planner, and Donna Wynant, Senior Planner. 2. APPROVAL OF AGENDA. It was moved by Ms. Foster, supported by Mr. Smith to approve the agenda. On a Voice Vote, motion carried unanimously (5-0). 3. COMMUNICATIONS - a. GLHC - document in support to the first public hearing b. Local Incentives Support Coalition - document in support to the first public hearing These were referred to staff. 4. HEARINGS - a. FY 2003 Consolidated Strategy Plan Submission, Schedule of Events Mr. Frederick said that this is a time for a public hearing that provides an opportunity for citizens to express preferences for the use of Federal Funds to address housing and priority non-housing community development needs in the city in preparation for the City's Consolidated Strategy and Plan for the FY 2003. The city expects to receive funding through the Community Development Block Grant, Home and Emergency Shelter Grant Programs for the next fiscal year commencing July 1, 2002 and ending June 30, 2003. It is also appropriate, at this time, for citizens to comment on their needs and priorities in regards to projects that should PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 2 be funded under the city's Capitol Improvements Program for fiscal years 2002 -2007. Any person in the audience that wishes to address the Planning Board on these matters should come to the microphone, state name and address and provide them with their comments. Written proposals and requests will also be accepted for consideration. It is required that all verbal proposals made at this time also be submitted in writing to the Planning Department prior to December 4, 2001. Please limit comments to 3 minutes. AMY HOVEY, LOCAL INITIATIVE SUPPORT CORPORATION, 530 W. IONIA STREET. She is a Senior Program Office with LISC. She wanted to thank them for all the past support that has been given to LISC and Community Development Corporations in the Lansing Area. This support has been critical to the progress that they have seen in the revitalization of the city's neighborhoods. LISC is a national non-profit and are based out of New York City and are scattered in about 38 different locations throughout the country. They have been in Lansing since 1989. Their mission is to provide support to grass route organizations that they identified as community development corporations. They do this with training, technical assistance, grants, low interest loans, program development and training. Since they have been in Lansing, they have loaned out over $2 million and granted out over $1 million and have provided endless hours of technical assistance to over 12 different organizations. Their community development corporations, the organizations that they support, have created over 400 housing units. They have also worked in commercial corridor projects including the Old Town Main Street Project. They are currently working to expanding the Main Street program to two new areas in the City of Lansing and hoping to be announcing that publicly early in 2002. She wanted to say that they appreciate the CDBG program and the city staff that works with the program. It is an outstanding program and they have seen a lot of progress in their neighborhoods throughout the years and ask that they continue to support LISC and the Community Development Corporations in Lansing. RON VAN ZEE, FERRIS DEVELOPMENT, 820 N. CAPITOL AVE. He would like to say that Ferris Development is very much in support of the 2003 Consolidate Strategy Plan. They have depended on the Community Development Block Grant program in the past and they look forward to again teaming up with the Development Office and CDBG program to rehabilitate houses throughout Lansing. He knows that they are aware of the accomplishments that they have had in the past in the Seven Block area, the Genessee Street area, Oak Park area and he knows as Planning Board members and some from Zoning has had to listen to him PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 3 through many discussions on what they are doing now over in the Haag Court/East Shiawassee area and what they are proposing. They are looking to completely rehabilitate 79 units in that area in the next year. They will not be able to do that without the support of the Community Development Block Grant program. All of the department in the City of Lansing have been very helpful in their efforts and they look forward to continuing that team. DENISE PEEK, LANSING COMMUNITY MICRO ENTERPRISE FUND, 520 W. IONIA. This is a non-profit organization that helps low to moderate income individuals start their own small business. Through Planning and Development they were able to support these endeavors over the last couple of years. With the CDBG funds that they receive from the Planning and Development Committee, it has allowed them to continue their work. Over the last 6 months they have given out 6 loans in total of $32,000. The support that they have received has helped them in ways that they would not have even known. She is asking that they continue their support. It is a great organizations, the work that they do is very valuable. They provide training for these entrepreneurs to start their own small business. They provide technical assistance and they provide micro loans from $500 to $10,000. Thank you for the support that they have been given in the past and hopefully it will continue in the future. CHERYL RISNER, DIRECTOR, LANSING NEIGHBORHOOD COUNCIL, 500 W. LENAWEE #319. Their office is currently working with 45 established neighborhood groups. The two newest being Old Everett Neighborhood Organization, whose boundaries are Greenlawn on the north, Jolly Road on the south and the railroad tracks on the east and Martin Luther King Jr. Blvd. to West Holmes to South Washington on the west. This group is working on many of the actions that were developed as part of the south side summit. The second new group has been established for a couple of months. This is the Woodmere Neighborhood Council and their boundaries are 3600-3800 Blk of Greyborne, their south boundary is the north side of the 3600-3800 blk. of Holmes Road, east bound is 3600 Blk of Affriel and the west boundary is the 3700 blk of Waverly that includes the small street called Star Light Lane. This group formed to deal with housing issues within their area. They are currently working with a couple of other small groups to start groups on the south side because there is not a lot of representation down there. At this time LNC is working with in corporations for this years Christy Awards Dinner that is held at the Lansing Center on Friday, February 15, 2002. Last year over 300 people attended the dinner and tickets will be available after the first of the year through the Council or through neighborhood groups. Also, again they will be coordinating Neighborhood in Bloom project for 2002. Last year with the help of some people from the Parks Department and many volunteers they were able to unload, sort and organize over PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 4 2700 flats of annuals and over 368 pots of perennials. The flowers were all distributed to neighborhood groups, schools, neighborhood watches all over the city. They also sponsored 2 seminars on how to use the Internet for crime mapping and basic needs information. Also, they coordinated a 3rd seminar for the In Touch Web Site with Lt. Steve Persons with the Lansing Police Department. They helped this year with the Day of Caring. This project had nearly 500 volunteers who put in over 1700 volunteer hours that represented a financial savings of$26,129 for the Lansing School District, East Lansing School District and the non profit community. Mr. Frederick asked Ms. Witherspoon to give the procedure for the rest of the plan. Ms. Witherspoon said they will take into consideration the comments that they received tonight and draft a summary of the comments. There is another public hearing once they create a draft on the comments received tonight. It should be some time in January. b. Act-27-01, 313 E. Grand River Ave. (Comfort Station), Marketing for Sale Donna Wynant presented the case. This is a request received from the Development Office, representing the City of Lansing, to market the Comfort Station located at 313 E. Grand River Ave. for possible sale. The current lease expires at the end of next month, December 31, 2001. This public hearing is not for the sale of that property, but to get comments from the public on this possible sale. This building has been the home of the North Lansing Community Association for 20 years. This organization has been in existence for the past 25 years. Comfort Station has a lot of history to it being in North Lansing. This was built in 1914. A thumbnail sketch of history from Hank Renegar that is in the file and gives a little bit of background. This has been used as a Comfort Station because it had a women's lounge and mens rest room and included an office for the city gas inspector. It has been used for various things throughout the years. The Comfort Station was first offered to the North Lansing Community Association in 1980 and was to be used as a community building. Grant money was received to do some restoration work to the structure, interior and exterior. The property is zoned "F-1" Commercial zoning district. That allows for a variety of things, including office and community use. It is on a relatively small parcel with the building takes up most of the property. It is in a commercial area commonly known as Old Town, and the surrounding properties are commercial in nature. The zoning is predominately PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 5 Commercial, but there is some industrial zoning just to the north of the property. There was a recently adopted revision to this areas comprehensive plan, that is the Central Lansing Comprehensive Plan. The plan encourages a lot of on-street parking, and historic restoration. Some agency review comments include: • The Assessors Office - refers to the non-profit being tax exempt or not tax exempt. Exemption from property taxes is not automatic not even to non-profit organizations. . .; • Development Office - recommends sale to a non-profit organization that will agree to utilize the property for continued community oriented activities. They recommend the deed restriction with a possibility of a revertor to guarantee this and historic use. Recommended sale for a nominal fee under these circumstances. There is also a lease for nominal fee that was made to a utility company, which is Sharp Technology for a radio system and antennae to control the storm water system for that area. That is a lease that has been made that will have to continue on with any possible sale of this property; • Parks and Recreation Department - their staff recommends disposal of the property and that lease needs to be terminated and the Parks Board recommendation is needed. No comment has been received from the Parks Board to date; • North Lansing Community Association - there is an attachment from the president of NLCA and they are recommending that the property be retained by the North Lansing Community Association. Ms. Wynant explained some of the things that North Lansing Community Association has done for the property; letter from Ken Patengel in support of the NLCA's continued use of the property; letter by WMAQ who recommends that the NLCA be able to continue its use of the property. Since they said that it would be an asset to the community for the NLCA to retain the Comfort Station building in all aspects. One thing that she would like to emphasize is that this public hearing is not for the sale of this property but to get comments from the community to see if the city should sell it. The city has owned it for a long time and the lease expires at the end of next month. The Comfort Station is the home of the North Lansing Community Association meetings, located at the boundaries of NLCA. This neighborhood stretches from Saginaw (southern boundary) to Sheridan Road (northern boundary); and from Martin Luther King to the west and Wood Street the eastern most boundary. It is a very large area. Mr. Smith said the city has owned this for 20 years? PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 6 Ms. Wynant said that the city acquired the building in 1914. Mr. Smith asked when the last time the city offered it up for sale? Ms. Wynant said she does not believe that the city has ever offered it for sale before. Mr. Smith asked why now? Ms. Wynant said because the five year lease expires next month. The City is questioning whether it needs to continue to own this property. They did not receive any comment from the Park Board yet, but the Parks and Recreation Department is recommending that the City dispose of the property by getting it out of public ownership. Mr. Ruge asked if it is part of the Parks Department right now? Ms. Wynant said that it is under their jurisdiction. Mr. Ruge asked if the property costs anything to the city to operate currently? Ms. Wynant said she does not have those figures right now. North Lansing Community Association is paying for the utilities and the day-to- day maintenance. There are some funds that they city has had to spend on some maintenance, Mr. Winnicker may have more information on that for specific questions, but she believes that NLCA has taken on responsibility for the property over the past 20 years of utilities and they have been able to rent it for a nominal fee. It has been a $1 per year that they have taken care of maintenance things and utilities. Mr. Ruge asked if it is the City's plan to sell it to the NLCA or just open it to whoever wants to purchase it? Ms. Wynant said she does not know if there is any definite plan, but there is a deed restriction on the property that it can only be sold to a non-profit organization. It can not be sold to a for profit entity and there is an easement on a restriction to keep it in its historic character. It is within the North Lansing Historic Commercial District on the National Register. Mr. Ruge asked if the facade easement was something new? Ms. Wynant said the facade easement dates back when the Block Grant money was used back in 1975. PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 7 Mr. Rieske reiterated that the Planning Staff is still on the fact-finding mode on this and public hearing is a part of that fact finding mode. They would like to address the public comments on this. However, they are still gathering all the facts to generate a recommendation. Mr. Smith said that he would like to question the remarks of the Development Office. It says that it recommends sale to non-profit organizations. But if he understands Ms. Wynant, she is saying that there is a deed restriction that says they can only be sold to non-profit organizations. He would like clarification, is this only a recommendation or is there a deed restriction? Ms. Wynant said she has not seen the deed restriction, she has only seen the Development Office's recommending a deed restriction and reverter to guarantee historical use. She would have to refer to the Development Office on this. She has seen the lease agreement and an old deed found on the Assessors Office field sheet. JOYCE HOOK, NLCA, 435 Beaver. They are here to apply for purchase of the property located at 313 N. Grand River also known as the Thelma Osteen Comfort Station and the railroad tower for $1 as sole owner. She was treasure of NLCA from 1990 to 1999. North Lansing Community Association was founded in 1975. It was formed after the North Lansing Women for Action, a similar group of civic minded citizens, disbanded. This is the oldest association in Lansing. There are many purposes in North Lansing. Some of the goals of the group are to reserve the historic district paying attention to the Historic Significance that North Lansing has to offer, to encourage new business to locate in the North Lansing area. Thelma Osteen was the president of NLCA in 1988 until her sudden death December 10, 1998. Ms. Osteen was a real go getter. She was very active in North Lansing since 1964 when she and a neighbor, Evelyn White, formed the North Lansing Women for Action Committee. Ms. Osteen was the first winner of the Bea Christy Award. Ms. Osteen is the reason the Dodge Mansion is standing today because she was instrumental for saving it from the wrecking ball. This building meant the world to Ms. Osteen. It was her dream for NLCA to own this building. The year before she passed away she told Mayor Hollister that all she wanted for Christmas was this building. It would be nice to be able to make her dream come true and reward her with it. With her name on the building, Thelma Osteen Comfort Station, she thinks that this building belongs to her forever. The Association will try to keep up all the good works of Ms. Osteen and all the others that have gone before them. PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 8 Mr. Ruge asked if they could tell him approximately how much it cost the NLCA to keep up the building each year. Ms. Hook said she is not sure any more. She was the treasurer up until 1999 and she has not kept track of that. SCOTT MCCLAIN, TREASURER, NLCA, 1403 CENTER. He has been a member of this association since 1994. He met Ms. Osteen going door to door recruiting members for the association. He told her that he experienced a musical promoting and the reason he is talking about this is this is how they get their money. Also, he is talking about what they do with their money in regards to the building. His first experience was with their festival that is one of their main draws. It was small, two bands that played in the park that weekend. It was a very successful event. The Heritage Festival is 26 years old. The following year some friends of his from the internationally famous recording group, Rare Earth, approached him wanting to perform in North Lansing at the festival. Members of the band also reside in the North Lansing area and are current members of the association. They talked about bringing the festival to higher level to be more successful financially. He approached Ms. Osteen and told her that Rare Earth wanted $4,000. They agreed that they could raise the money door to door. In 30 days they met their goal through donations from corporations and businesses all over Lansing. Their biggest festival sponsor is WMMQ and they were very excited to be on their team. They said that they would advertise their show at no cost as a donation to North Lansing Community Association. They had 10 or more bands that year, many vendors from the beginning Ramon's Restaurant was their first sponsor and vendors. They could always stress a variety of music, country, blues and classic rock have been features and they have always featured bands that were good family entertainment. They also sought the support of the Mayors Office, Lansing City Council, the Board of Water and Light, Parks and Recreation and the Lansing Police Departments. The festival raises $3,000 for their association. Many festivals since that time has raised thousands of dollars. Their festival last year was the best yet. International recording artist Mitch Rider was their headline. There was also approximately 20 local bands which performed. The festival truly brought them to a higher level. Approximately 12,000 people attending the festival last year. These companies have donated thousands of dollars and a lot of advertising to their neighborhood. Many relationships have come from North Lansing PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 9 Businesses, Demmer Corporation, Wohlert, Freelance and Remon's to name a few. The 2001 Festival was $17,000. Their profit was $6,000. In the last five years they have done businesses with tent rental companies of$7,000. Through sales of pop and hot dogs are estimated at $20,000 or more. They have done business with ESI Entertainment for $15,000, Sports Stage Business of$12,000. All in all they in the past 5 years they have taken more than $50,000 in total donations door to door. Next year, the sky is the limit for their festival. However, retaining the Thelma Osteen Comfort Station building is their priority. They need to start planning now, the telephone is ringing. The neighborhood needs their community building because it is the focal point for all that is in the neighborhood. In closing, they are all inspired by Mrs. Olsten's goals for the building. LINDA SUTTON, EXECUTIVE DIRECTOR, OLD TOWN MAIN STREET. They would like to address this issue this evening from a different perspective. As the Board knows, their mission is to revitalize and renovate that area that is known as Old Town. In doing so, they have visionary discussions about every building that is in Old Town. They need to be proactive about what they do and not reactive. So, on behalf of the Board, they would like to ask them to make this decision bearing in mind that there is an Economic Development Plan for that area and their hope would be that it would keep that in mind as the decision is made. SHERRIE SHAW, 403 BEAVER STREET. She lives in the heart of North Lansing. She is not a business person there however, but a resident of some thirty some years. She would like to ask if this building is sold that the North Lansing Community Association be given first opportunity. As they have maintained and been in that building for many years. Their goal also is to restore and keep the old heritage look to the North Lansing Community. She thinks that they have proven their stability there by maintaining it all these years without asking for any funds. They have never received any grants except for very, very small projects. Not to restore this building and not to go on further for financial gain for the association. They love this building, they would like to see it kept there as a meeting place. It has a lot of potential and she thinks that enough has been given down along the line as thousands and thousands of dollars have been spent there. They would like to spend a little of theirs there and do some more improvements and make that the home of the North Lansing Community Association for years to come. However, if they decide to lease the building again, which she could understand but personally could not see how the building has any of the burden for the tax payers of the City of Lansing because of the fact that the city has not been responsible for the upkeep or the taxes. By keeping it going, they PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 10 are keeping it on their list of assets. It is actually a win situation for the city and if they could lease it for another 5 years to bring it up more they would be happy to try to do that and would appreciate anything they give them. AMY HODGINS, 416 N. CEDAR. Her daughter asked for many, many months to go to a beautiful place that she did not know. Her daughter told her that she could not miss this experience. She said it was a majestic place and she would cry when she seen it. Finally she had to go to the doctor and her daughter took her to this place and she cried because it was the most paradise that she had ever seen. Flower, roses, tulips anything. She asked who would have done something like this. In big letters there was something that said answers to questions she knows they are going to ask. Fifty thousand bulbs one at a time by one women, two hands, two feet began in 1958. For many years before this lady had begun one bulb at a time, they . As it was said before, Thelma Osteen stood in front of the Dodge mansion when it was going to be destroyed and she asked to be killed before they could go in. She had to pay for the wreckers that could not go over her. The same thing happened with the Comfort Station. It was also going to be demolished and this great women, who did not have many Ph.D's nor was she not the most well known women in Lansing saved this building because of her conviction. She used this building as a Community Center. When Ms. Osteen was president for many years, she managed to get money from businesses like hers and she organized this. She kept, she paid taxes. There were offices, computers, there was everything needed to do. Ms. Osteen died two years ago, in two years a little has changed. Her two daughters go one of them is hear. This year all the family is back, this building is going to be what it use to be. This building belongs. It has been rededicated to Ms. Osteen by the Mayor and City Council. She begs them that they don't write with their feet what it took Ms. Osteen with love to build with her hands, not only for Lansing but for all the residents in Lansing. BRYAN SMITH, 1007 WOODVINE. He is here as a community activist to present the Board with a little bit more facts. First of all, if this building is to sold or leased he hopes that the first chance is given to the NLCA. He is here to remind the Board that this building is still under the jurisdiction of the Parks Department. He attends Parks Board meetings regularly. He does know that Mr. Jemerson would like to dispose of the property because as he said at a recent Park's Board meeting, he and his staff don't even have keys to this building. However, he can tell the Board that it is under their jurisdiction. An argument can be made that this is recreational property and therefore would have to be put before a vote of the people as is the Genessee Park case that is in the court of law now. PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 11 He can tell the Board that the longest serving park member, Judith Milhay Felice, as well as Park's Board member Layer were totally against the city disposing of this property. That was why it got tabled for further review and discussion at the last Park's Board meeting. He feels that this even being on the agenda is putting the cart before the horse because if the Park's Board does not give their consent, he does not know it could be sold. He just wanted to pass these facts on and support the NLCA. BELINDA FITZPATRICK, 224 S. HOLMES RD. She is a licensed attorney. First of all, if this is going to be sold it should be given to the Community Group that has used it and invested so much into it. She would like to drive home that she does not know what this Economic Development Plan is for that area, but if that Economic Development Plan includes pushing out established members of the community than she as a citizen has to oppose this aspect of the Economic Development Plan. She does not know if that is what is going on with the Economic Development Plan, but if it is it is not right or good to have Economic Development where they have the community using its facility, investing in the facility, heart and soul attached to it. It is part of them and who they are. It is not right. Mr. Bryan Smith had mentioned that in a City Charter if they have recreational property, if it is going to be sold it has to go before a vote of the people. Now, this issue is currently pending in the courts and there is an appeal of Judge Houk's ruling. He felt that there was not standing for Genesee Park, but there was a Supreme Court case recently that if there is recreational use or future recreational use they actually have damages there for standing and she would encourage the people who have used that building to head right into court if this were sold without being put on the ballot for the vote by the electorate. She would like to say repeatedly that the law does not replace courtesy and respect for people's feelings. How can they even consider, when they have something that the community is invested in their hearts and souls and is part of them. They want to take and rip their hearts and emotions apart. No, the city does not want to sell this unless they are going to sell it to the people who have the emotional attachment and sweat equity investment into it which is the Community Association that has been using it. BECKY WECK, THELMA OSTEEN'S DAUGHTER, 331 HARRIETT. As a young star of Thelma Osteen, she does hope that her dreams become a reality. They were very honored and pleased when the building was renamed the Thelma Osteen Comfort Station. They are here tonight in hopes that it might be taken into consideration that the North Lansing Community Association be considered first to purchase the building. The building has had many different gatherings, Thanksgivings, Christmas's PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 12 and other gatherings for families that lost loved ones that had no where else to go. Their mother would be pleased and proud of their sister Bev Marsh. She has formed a club that she calls Thelma's Kids. Part of this is that the kids meet at the building and they interact with them. Their mother's dreams for Old Town for more than 25 years was to bring North Lansing back to life working with the already established business people and to bring new business into the area. She worked hand in hand with their neighbors as a community. She does hope and pray as one of her 3 daughters that they can help fulfill her dreams and wishes and again as a member of the North Lansing Community Association that they be considered first to purchase the Thelma Osteen Comfort Station. BEVERLY MARSH, THELMA OLSTEN'S DAUGHTER, 331 HARRIETT. She is here to ask that the City consider the NLCA to purchase this first. As their older sister stated that if they decide that it is not going to be a sale, she hopes that they would consider letting them stay there as a renter as long as their Association is going and its history tells them what they are about and that they are there to stay. Their mother did a lot there and her life was at the North End. Her father would tell them, he spent a lot of evenings alone because her mother was either at a meeting or at the Comfort Station, she was helping someone if they needed medical attention or legal advice, she brought in attorneys there. Anything that needed to be done, she was there with an open door for everyone. She put a lot of her time and effort into this and she would hope that it could continue to grow. She has started the Thelma Osteen Youth Group. They are filing for a non-profit and they are in the process of getting their insurance and as the Board knows since September 11, 2001, insurance companies do not want anybody. They don't want any kind of liability. She talked to her insurance agent today and he assured her that he was meeting with a company to go over this. They would like to continue to have the youth group there, any other organization that would like to use it, keep it open and keep the North Lansing Community Association there and continue to have the North End thrive and grow. Before the grant money and all that come there, they worked and their mother did to keep it Old Town. They come in and call it Old Town with all their grants and everything else and they do have more leverage than we do, but as far as grass roots to get something done, the North Lansing Community Association would do it. KIM LAWRENCE, NLCA, THELMA OLSTEN'S GRANDDAUGHTER, 331 HARRIETT. This building has been her grandmother since she was little. She use to go there and type on the typewriter. This was for her people and family. Everyone in that Community was called Thelma's family, everyone called her Grandmother. She took something and she brought it to life not only in her dreams, but she wanted to broaden children's lives PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 13 as well. Children were everything to her. From all the gatherings, to giving children Christmas presents. All the children in the neighborhood that maybe were not as fortunate got a set of mittens. This is her building and she thinks that the city should think hard about a decision about taking something from a community and putting it into the public. BEVERLY MILLER, NLCA VICE-PRESIDENT, NLCA VICE-PRESIDENT. When she came to the North Lansing Community Association it was 1982. Back then, the building still needed work and they worked hard to work through the City to get grants. They got a nice grant to help them out. They had visions, in '82, prior to `82 there was a women's group. They said that there were a lot of block grants that have come into this city and they had visions. They would like to be part of the block grant system. At that time when they did not get involved. Then they got involved and started an organization. From that day on they had visions. The Fish Ladder, the city built the walkway and it stopped in North Lansing and they had a vision that it would go farther and it has gone farther. The visions that they have come into play. They still have visions, they would like to have the bridge that is falling down fixed. They work at these things. They have not had one year gone by that they have not been involved with something. A lot of people have come and gone through this organization, a lot of hearts went into this, a lot of heads and minds. They took care of this building and asked very little from the city, done it on their own and proved that they are capable of maintaining the building and keep finances. They can do this, they have no problem with it. They are hoping that the city does not have a problem with it. They want to buy the building. Do it for them, they have earned it. They have earned this building. That is a vision. This concludes the public hearing on Act-27-01. This will be referred to the Urban Development Committee, which next meetings on Tuesday, November 27, 2001 at 4:OOpm at the Planning Department Conference Room, 316 N. Capitol Ave. 5. COMMENTS FROM THE AUDIENCE (5 minutes each) - DALE HAWKINS, 2617 VICTOR AVENUE. This is regarding SLU-7-01, 2800/2900 Blk. Pleasant Grove. He was amazed as he looked at the Planning Board Report on this issue that it agreed with some of his own positions. One of his positions is that there should be no street openings on Viking. In the report, the Code Compliance Office asked why there was a driveway to the residential road. The Transportation Engineer said "The Plan includes a driveway to Viking and it should not be permitted for two reasons: 1) It puts a traffic load on neighborhood streets that is not necessary and 2) it creates a connection between the neighborhood and Pleasant Grove that will have traffic coming PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 14 through the church property. While there may be legal obligations to prevent a driveway access if it is a demanded by the church, it is in not advisable." In the staff recommendations, it says on condition "F", "The proposed public entrance on Viking Street be closed." He said that there is no way that someone would want to drop someone off or pick them up and go through the parking lot and then back out on Pleasant Grove. They also show a drop off in front of the proposed building which would create traffic on Viking, which is a residential street. He asked that berms be included in the site plan as they would buffer the noise, light and the sight. Mr. Hawkins said that he is not opposed to the basic concept of the church in the neighborhood, he would just like for it to be nice for the neighborhood. BOB SMITH, HOBBS AND BLACK ARCHITECT REPRESENTING FRIENDSHIP BAPTIST CHURCH. Mr. Smith said that he attended the last hearing and also met with the Zoning and Ordinance Committee briefly at the committee meeting. Subsequent to the committee meeting, they were able to meet with Jim Ruff, Planning Manager, Susan Stachowiak, Zoning Administrator and briefly Doris Witherspoon and were able to review some of the concerns, details and conditions that were proposed. He said that the result of this meeting is the addendum that is in the packet tonight. There is no problem with the addendum that was presented by staff and also the conditions of the approval. Specifically, the condition were: a) That the two parcels be combined at the Assessors Office. Friendship Baptist has no problem with that; b) The drainage plan be reviewed and designed to meet approval of the Public Service Department. He spoke with Dan Danke at the Public Service Department and his concern the storm water connection that they showed connecting to the existing line on Maloney Street. Mr. Danke was not sure if that was an abandoned county drain or if that was still active and they understand that it is a site plan review issue. During site plan review or even before that they will try to meet with Mr. Danke and confirm if it is an active drain or whether it has been abandoned. If it has been abandoned, they have no problem re-engineering and connecting to the appropriate storm water drain. c) That the natural buffering on the west side of the parcel be maintained and the trees identified that can be saved. Further recommend that they work with the City Forester. Again, this is no problem. They would encourage and appreciate the opportunity to work with the City Forester. d) The proposed public entrance on Viking Street and Pleasant Grove should be properly designed and have the necessary signage to prevent abuse of the connecting drive and inappropriate cut through traffic. They have no problem with this condition as it is written. The church would like to discourage any cut through traffic and they think that the way the project has been designed, this will be accomplished. They have no intentions of putting an entrance sign at the Viking Street driveway. The primary entrance will be Pleasant Grove. The driveway is designed so it does not encourage cut through traffic. It is very meandering and is not obvious that it even goes through from either of the streets (Pleasant Grove or Viking). It is very easy to drop someone PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 15 off and then circulate right back and go to the main street, Pleasant Grove. It is very easy to turn around and go back. The church would like to keep a connection on Viking and as he reads the ordinance, churches are required to have their primary entrance on a primary street, such as Pleasant Grove. It does not say that you cannot have a secondary access onto a residential street, just that there needs to be a primary entrance on Pleasant Grove. They believe it is important to have the secondary access and they think it is good design. Many site plan reviews would require something like this. If there is a fallen wire, storm or emergency where they cannot get in at Pleasant Grove, it is important to have fire access and ambulance access in a secondary manner. The church would also like to maintain this drive because they would like to establish a relationship with the community. Staff mentioned that usually churches are a solidifying factor to most communities. Usually they are an anchor to the Communities. The church would like to, hopefully, get congregation members from the community and draw from the community. It would be a shame to require them to drive out on Pleasant Grove, add that traffic and then come back in when there is a very logical, rational connection to Viking. It is not something that would be a primary exit or entrance because most people would have to go back out to Pleasant Grove anyway. They also have no problem posting a sign that this is not a through-way. They would recommend not putting a sign up there and leaving it a blank driveway, but if there needs to be a sign saying that it is not a through-way they would have no problem doing so. e) Require a site plan review and landscape screening and buffering plan. Of course that is required and it is the next step when the special land use is approved. f) Reserve all existing utility easements. Those are deed restrictions and they cannot be changed or altered simply by applying for Special Land Use. There was another discussion at the Zoning and Ordinance Committee concerning a cul-de-sac on Maloney. They have discussed that in detail with Jim Ruff, Planning Manager and Sue Stachowiak, Zoning Administrator, and he thinks that Mr. Ruff agrees with them that it cannot be required as a condition of a Special Land Use because it has no legal nexus to the Special Land Use. It would be an off-site improvement and it has no connection whatsoever to the land use of the church. The church is not connected to that street. It is a small dirt road at this point with three houses facing on it. They also talked to Dan Danke about that and he said that he understands that he cannot require the cul-de-sac and it has been dropped from the conditions. He is available if there are any questions and Reverend Stone is also here if there are any questions. 6. RECESS - A five minute recess was taken. 7. BUSINESS A. Minutes for Approval: November 6, 2001 Moved by Ms. Foster, supported by Ms. Cordill, to approve the minutes of November 6, 2001 as written. PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 16 On a Voice Vote, motion carried (6-0), the Minutes of November 6, 2001 were APPROVED. B. Committee Reports 1. Zoning and Ordinance Committee - Mr. Ruge, Chair a. Z-15-01, 1001 E. Willoughby Rd., "A" Residential District to "13-1" Professional Office District This is a request by Gordon L. Long to rezone property at 1001 E. Willoughby Rd. from "A" Residential to "D-1" Professional Office. A house was constructed on the site that has been exclusively used as a single family residence. The property, as well as the property to the north and east were acquired by the applicant for the development of a professional office facility. All the surrounding properties to the east of Georgia Ave. have been previously rezoned to accommodate this development, with the exception of one residential lot to the north of the site. The offices are one phase of an overall redevelopment/ expansion effort to upgrade the Holiday Inn South to a regional convention facility. Summary The purpose of the rezoning is to utilize the site in the development of a professional office facility that would encompass much of the adjoining land to the north and east. The Master Plan for this vicinity was amended in 1999 to depict the site and adjoining land for "office" use. Subsequently, the properties to the north and east were rezoned to the "D-1" Professional Office designation. The rezoning is consistent with the emerging land use pattern and the pattern being advanced in the Master Plan. No impacts on the environment of any significance could be discerned to result from this proposal. No concerns were expressed by the review agencies. Staff Recommendation Staff recommended that the property be rezoned as requested. In Committee it was moved, seconded and carried unanimously (3-0) to recommend approval of Z-15-01, 1001 E. Willoughby Rd., "A" Residential District to "D-1" Professional Office District. PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 17 PLANNING BOARD ACTION was as follows: Ms. Patrick asked if the residential property owner will loose value because of this change and will the construction be held up if the zoning is approved but the residential property owner stays in his house? Mr. Ruge asked if she is talking about the person who owns the property that is requested to be rezoned? Ms. Patrick said correct. Mr. Ruge said it is his understanding that the house will be torn down and most of the property will be green space. Mr. Ruge made a motion, seconded by Mr. Smith to approve Z-15-01, 1001 Willoughby Rd., "A" Residential District to "D-1" Professional Office District. Frederick . . . . . . . . . . . . . . . . . . . . Ave Foster. . . Aye Patrick. . .Aye Smith . . . . . . . . . . . . . . . . . . . . . . . Ave Cordill . .Ave Ruge . .Aye On a Roll call vote, there were: Ayes: 6; Nays: 0; carried; unanimous; APPROVED. b. Z-16-01, NW of intersection of Miller and Aurelius, "DM- 3" and "A" Residential Districts to "H" Light Industrial District This is a request by Martin Property Development to rezone the property. The applicant describes the intent of the request as making the land use consistent with the contiguous properties in the industrial park to the north. Given the considerable frontage of the parcel along Miller Road, but shallow depth, it is most likely that the parcel would be developed for 7 to 12 small industrial sites. A one acre parcel is located in the center of the applicant's property that has a house located on it, which is currently occupied. The occupant has lived there for 40 years. This separate parcel is not part of the rezoning request. Summary The proposed rezoning is likely to result in strip development of small quasi-industrial land uses along the north side of Miller Road. Such development would be inconsistent with the residential development on the south side of Miller Road and the residentially zoned parcel located in the center of PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 18 the applicant's site. The shallow depth of the property and a configuration in which most of its frontage faces residentially developed land, impede the ability to mitigate conflicts between these differing land uses. The Master Plan advances the establishment of a transitional "Professional Office" district on this site. The proposal precludes such a transition. The use of the site for industrial purposes would have little impact on traffic circulation or other public services and facilities. It would also have little affect on the environment, in general, although localized impacts could be anticipated from certain kinds of industrial activities in the form of dust, noise and odors. The proposal could also negatively impact the marketability of the residentially zoned land to the south that has yet to be developed. Staff Recommendation Staff recommended that the requested rezoning not be approved. Though the staff did recommend that a "D-V Professional Office designation be supported for the site. In Committee, Mr. Ruge asked Mr. Peckham how he felt about rezoning the property to "D-1"? Mr. Peckham said that he is not in favor of "D-1" and would prefer to have it denied rather than proceed with rezoning to "D-1". In Committee it was moved, seconded and carried unanimously (3-0) to recommend denial of Z-16-01, NW of intersection of Miller and Aurelius, "DM-Y and "A" Residential District to "H" Light Industrial District. PLANNING BOARD ACTION was as follows: Mr. Ruge made a motion, seconded by Mr. Smith to deny Z-16-01, NW of intersection of Miller and Aurelius, "DM-Y and "A" Residential District to "H" Light Industrial District. Frederick . Ave Foster . Ave Patrick .Ave Smith . Ave Cordill .Ave Ruge .Ave On a Roll call vote, there were: Ayes: 6; Nays: 0; carried; unanimous; DENIED. PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 19 C. SLU-7-01, 2800/2900 Blk. Pleasant Grove, Church Construction in the "A" and "B" Residential District and "J" Parking District This is a request by Harold Singleton on behalf of Friendship Baptist Church, 925 W. Main Street, for a Special Land Use permit to construct a new church facility in the 2800/2900 Block of Pleasant Grove. The proposed 37,432 sq. ft. church facility will include a sanctuary, fellowship hall, offices, classrooms and parking for the church. A future addition is proposed for a gymnasium. Summary The proposed special land use is designed to be constructed, and operated in a manner harmonious with the character of adjacent property and surrounding uses. The proposed special land use will not change the essential character of the surrounding area. The proposed special land use will not interfere with the general enjoyment of adjacent property. The proposed special land use should not have any negative impacts on the surrounding area. The proposed special land use will not be hazardous to adjacent properties or involve uses, activities, materials or equipments which are detrimental to the health, safety and welfare of persons or property through excessive production of traffic, noise, smoke, odor, fumes or glare. The proposed special land use will not have any significant impact on the environment, public services or utilities. The proposed special land use is consistent with the intent and purpose of the zoning code and comprehensive plan. Staff Recommendation Staff recommended approval of the special land use permit for the construction of Friendship Baptist Church in the 2800/2900 Block of Pleasant Grove with the following conditions: a. That parcels 3301 01 30 426 041 and 3301 01 30 426 051 be combined at the Assessors Office. PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 20 b. The drainage plan be reviewed and designed to meet approval by the Public Service Department (recognizing this is a code requirement). C. The natural buffer on the west side of the parcel needs to be maintained and trees identified that can be saved. Further, the church should work with the City Forester to preserve existing trees and protect the drip line. d. The proposed public entrances on Viking Street and Pleasant Grove should be properly designed and have the necessary signage to prevent abuse of the connecting drive and inappropriate cut-through traffic. e. A site plan review and LSB plan including buffering of noise, light and sight issues be submitted. f. Reserve all existing utility easements (recognizing this is a deed restriction). The Committee members discussed landscaping, screening and buffering, access, drainage, etc. The Committee recommended that the conditions be corrected to read the following: 1. That parcels 3301 01 30 426 041 and 3301 01 30 426 051 be combined at the Assessors Office. 2. The drainage issue on Maloney Street is resolved prior to the construction of the church. 3. "T" intersection or proper turn around constructed at the dead end of Maloney Street be addressed in site plan review. 4. The natural buffer on the west side of the parcel needs to be maintained and trees identified that can be saved. Church work with City Forester to preserve existing trees and protect the drip lines. 5. The proposed public entrance on Viking Street be closed. 6. A site plan review and LSB plan be submitted including buffering of noise, light and sight. 7. Reserve all utility easements. 8. Emergency vehicle entrance on Viking be resolved with the Fire Department and Transportation Engineer. In Committee it was moved, seconded and carried unanimously (3- 0) to recommend approval of SLU-7-01, 2800/2900 Blk. Pleasant Grove, Church Construction in the "A" and "B" Residential Districts and "J" Parking District with conditions. PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 21 PLANNING BOARD ACTION was as follows: Ms. Foster was concerned about the large drainage ponds and recommended reducing the size through the use of bio-swales. General discussion ensued regarding the Viking Street entrance. General discussion ensued regarding putting a curve in the Pleasant Grove entrance and narrowing the drives. Ms. Stachowiak said that the condition about having a turn-around at the end of Maloney Street has been deleted from the conditions because it is not linked to the church. Ms. Cordill asked to be recused from this case because her husband works for Hobbs and Black. Mr. Ruge made a motion; seconded by Mr. Smith to recuse Ms. Cordill from this discussion and vote. On a Voice Vote, the motion carried. Mr. Ruge made a motion, seconded by Mr. Smith to approve SLU-7-01, 2800/2900 Blk. Pleasant Grove, Church Construction in the "A" and "B" Residential Districts and "J" Parking District with the following conditions: 1. That parcels 3301 01 30 426 041 and 3301 01 30 426 051 be combined at the Assessors Office. 2. The drainage plan be reviewed and designed to meet approval by the Public Service Department (recognizing this is a code requirement). 3. The natural buffer on the west side of the parcel needs to be maintained and trees identified that can be saved. Further, the church should work with the City Forester to preserve existing trees and protect the drip line. 4. The proposed public entrances on Viking Street and Pleasant Grove should be properly designed and have the necessary signage to prevent abuse of the connecting drive and inappropriate cut-through traffic. 5. A site plan review and LSB plan including buffering of noise, light and sight issues be submitted. 6. Reserve all existing utility easements (recognizing this is a deed restriction). 7. That bio-swales be used in the site plan. 8. That the width of the drive be kept to a minimum. 9. If the traffic becomes a problem on Viking Street, the church work with the Transportation Office and Planning Office to resolve the problems. PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 22 Frederick Aye Foster. Ave Patrick. .Ave Smith Ave Cordill .Recused Ruge .Ave On a Roll call vote, there were: Ayes: 5; Nays: 0; 1 Recused carried; unanimous; APPROVED w/ CONDITIONS. d. SLU-3-01, Development in Flood Plain, Industrial Park, Cavanaugh W. of Aurelius The applicant, Cavanaugh Development Group, LLC., is requesting a special permit to allow construction of an industrial park on a site located in the 100-year flood plain. Pursuant to section 1288.05, no construction will be allowed in the 100-year flood plain without approval by the MDEQ and a special permit from the City. Separately owned development would be created on this parent parcel through a series of land divisions. Development would include buildings, private road, parking, and related improvements. The plan proposes the location of four developments with a combined gross floor area for the combined building footprints of approximately 252,000 square feet. Staff Recommendation Pursuant to Public Service's conditional acceptance, it is determined that the request can comply with the provisions of Chapter 1288 Flood plain Control of the Zoning Code and that the following action be considered: Recommend that a special permit for SLU-3-01 be approved for construction of industrial structures and related improvements within the boundaries of the 100 year Flood plain for the property located east of the Penn Central Railroad right-of-way and south of Cavanaugh Road, subject to the following: a. Written approval from Michigan Department of Environmental quality; and b. For each phase of development, the volume of the filled sections shall not exceed the volume of the cut sections. In Committee an additional condition was added: • Approval by the Building Safety Office of flood proofing measures. PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 23 In Committee it was moved, seconded and carried (2-1) to recommend approval of SLU-3-01, Development in Flood Plain, Industrial Park: Cavanaugh W. of Aurelius with 3 conditions: a. Written approval from Michigan Department of Environmental Quality; b. For each phase of development, the volume of the filled sections shall not exceed the volume of the cut sections; and C. Approval by the Building Safety Office of flood proofing measures. PLANNING BOARD ACTION was as follows: General discussion ensued regarding the uses in the industrial park and the zoning designation of the property as "I" Heavy Industrial. Mr. Cooley gave a definition of Floodplain verses Floodway. Ms. Foster said that, according to the map, only the southern tip of the property appears to be in the floodplain. Ms. Stachowiak said that only the southern tip of the property in not in the floodplain. She also explained the Letter of Map Revision (LOMR) that has been requested by the applicant. She stated that the LOMR would change the boundary of the floodway. The reason the applicant is pursuing this request is because no construction is permitted in a floodway and if the boundary is changed, the applicant would have more buildable land on his property. The zoning is "I" Heavy Industrial. Mr. Frederick expressed concern with having Heavy Industrial uses near Sycamore Creek and disagrees with floodway delineation. Ms. Stachowiak said that the applicant, by right, could establish a storage yard on the property or construct a parking lot. Mr. Ruge said that Section 1288.04 lists the permitted uses in the floodplain. Mr. Ruge made a motion, seconded by Mr. Smith to approve SLU-3-01, Development in Flood Plain, Industrial Park: Cavanaugh W. of Aurelius with 3 conditions noted above. Frederick . . . . . . . . . . . . . . . . . . . . Nay Foster. . . Nay Patrick. . .Nay Smith . . . . . . . . . . . . . . . . . . . . . . . Ave Cordill. . . . . . . . . . . . . . ....... . . ... .Ave Ruge . .Aye On a Roll call vote, there were: Ayes: 3; Nays: 3; motion failed. PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 24 SLU-3-01 was not approved. Mr. Cooley asked if this is considered an affirmative action when a motion to approve fails? Will this be sent on to the Council as a tie vote with a motion to approve. Mr. Frederick said it will be sent on to the Council as a denial. They have to have 5 affirmative votes to approve. Ms. Stachowiak said that the motion and vote will go up to council exactly the way it was handled. Mr. Cooley said it will be sent as it was worded. Mr. Rieske said there is no recommendation to deny, there is no recommendation. There will be an explanation and a vote. Mr. Cooley asked when this will be on the Council Agenda. Ms. Stachowiak said a week from this coming Monday. The next Zoning and Ordinance Committee meeting will be Wednesday, December 12, 2001, at 4:00pm, 316 N. Capitol Ave., Department Conference Room. 2. Urban Development Committee - Ms. Patrick, Chairman. The next meeting is, Tuesday, November 27, 2001, at 4 p.m., 316 N. Capitol Ave., Department Conference Room. 3. Committee of the Whole - none 4. Executive Committee - none C. Report from Planning Manager - none D. Pending Items: Future action required 1. Zoning and Ordinance Committee a. Z-1-98, 1223 N.Turner St.,"H" Light Industrial District to"G-1"Business District (Tabled February 11, 1998) b. Z-5-98,401-407 E. Grand River,"F"Commercial District to"G-1" Business District(Tabled June 10, 1998) C. Z-8-2000, 3901 S. Martin Luther King Jr. Blvd.,"F" Commercial to"H"Light Industrial District(Tabled June 14, 2000) d. Z-15-2000, 301 W. Lenawee Street, Professional Office to"G-1" Business District(Tabled January 17, 2001) e. P-1-2001,Tentative Preliminary Plat,Wexford Woods (Tabled June 13, May 9, 2001) f. PRD-2-01,"Crystal Woods", Planned Residential Neighborhood (Tabled August 15, 2001) g. Z-8-01,Willoughby Rd.,"A"Residential to"DM-1" Residential,"D-V Professional Office and"C"Residential (Tabled October 10, 2001) h. SLU-6-01, 517-519 E. Grand River Ave., Church in"F-1" Commercial District (Tabled November 14,2001) PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 25 i. SLU-8-01, 3000 W. Miller Road,Additional Parking for an Existing Church (Tabled November 14, 2001) 2. Urban Development Committee a. Act-9-2000,201 E. Grand River Avenue, Proj. Sign Over ROW (Tabled June 27, 2000) C. Discussion of Comprehensive Planning Process. 3. Committee of the Whole 4. Planning Board a. Act-12-01, 5550 S. Pennsylvania-Market Fire Station for Salem (tabled July 3, 2001) b. Act-13-01,4801 S. Cedar Street,Acquire for Fire Station (tabled July 3,2001). 8. NEW BUSINESS - a. 2002 Meeting Dates for approval. Ms. Patrick made a motion; supported by Ms. Foster to approve the 2002 Meeting dates. On a Voice Vote, the motion carried (6-0). 9. COMMENTS FROM CHAIRPERSON - none. 10. COMMENTS FROM BOARD MEMBERS Mr. Smith said that Silver Bells was a nice experience and it was nice to see downtown Lansing filled with so many people and so much activity going on. The second thing was that he hopes that some or all of them had an opportunity to attend the dedication of the new Vietnam Veterans Monument Memorial on November 11, 2001. They estimated the crowd to be about 5,000. It was a beautiful day and a great ceremony. If they have not seen it they should. Ms. Patrick said he had a question that came from a Team 14 meeting that she attended in the Second Ward on the corner of Jolly and Cedar. There is a new building going in that strip mall. It is a small building in the front of the mall. The question is why did the city allow them to put a building in the middle of a parking lot? She explained to them that the city probably did not have a lot to say about that since it was already done. Secondly, did they take up so much parking that they have insufficient parking for the mall? Ms. Stachowiak said that the parking was looked at in site plan review and it was determined that there was adequate parking for the mall. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS Mr. Smith said that he brought up in Committee how on Victor Avenue, at 4:00pm, cars are parked on both sides of the street and it becomes a problem. He said he went back there to look again and there are signs that say no parking. They are clearly being ignored. He asked that this be passed on to PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 26 whomever needs would deal with this situation. The street narrows to barely one lane when school lets out. The school district needs to cooperate and talk to the appropriate people. Mr. Ruge said there is a church on Michigan Avenue (2200-2300 block), that bought the Midas Muffler Shop. They have repaved part of the parking lot and is wondering if they submitted a site plan review for buffering. Ms. Stachowiak said they had another complaint from the gentleman that lives right behind them. His back yard is common with their back yard. They have passed that on to Code Compliance because we tried to contact the church and no one returned the phone calls. She will check with Code Compliance on the status. 12. ADJOURNMENT was at 10:07 p.m. Respectfully submitted mn091801 James A. Ruff, Secretary, Planning Board Draft to Clerk November 29 2001 Approved 2001 To Clerk 2001 Minutes of the Regular Meeting LANSING PLANNING BOARD 7 p.m., City Council Chambers Tenth Floor, Lansing City Hall 124 West Michigan Avenue Tuesday, November 20, 2001 1. OPENING SESSION: The meeting was called to order at 7:05 p.m. by Chairman Frederick. A. Roll Call. Present: Frederick, Foster, Patrick, Smith, Ruge, Cordill. Six members present; one vacant seat. B. Excused Absences - Keene (Ms. Patrick made the motion; Seconded by Ms. Foster to give Ms. Keene an excused absence from the Planning Board meeting of November 20, 2001; On a Voice Vote, the motion carried unanimously.) C. Introductions. Bill Rieske, Principal Planner introduced Susan Stachowiak, Zoning Administrator, Doris Witherspoon, Senior Planner, and Donna Wynant, Senior Planner. 2. APPROVAL OF AGENDA. It was moved by Ms. Foster, supported by Mr. Smith to approve the agenda. On a Voice Vote, motion carried unanimously (5-0). 3. COMMUNICATIONS - a. GLHC - document in support to the first public hearing b. Local Incentives Support Coalition - document in support to the first public hearing These were referred to staff. 4. HEARINGS - a. FY 2003 Consolidated Strategy Plan Submission, Schedule of Events Mr. Frederick said that this is a time for a public hearing that provides an opportunity for citizens to express preferences for the use of Federal Funds to address housing and priority non-housing community development needs in the city in preparation for the City's Consolidated Strategy and Plan for the FY 2003. The city expects to receive funding through the Community Development Block Grant, Home and Emergency Shelter Grant Programs for the next fiscal year commencing July 1, 2002 and ending June 30, 2003. It is also appropriate, at this time, for citizens to comment on their needs and priorities in regards to projects that should PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 2 be funded under the city's Capitol Improvements Program for fiscal years 2002 -2007. Any person in the audience that wishes to address the Planning Board on these matters should come to the microphone, state name and address and provide them with their comments. Written proposals and requests will also be accepted for consideration. It is required that all verbal proposals made at this time also be submitted in writing to the Planning Department prior to December 4, 2001. Please limit comments to 3 minutes. AMY HOVEY, LOCAL INITIATIVE SUPPORT CORPORATION, 530 W. IONIA STREET. She is a Senior Program Office with LISC. She wanted to thank them for all the past support that has been given to LISC and Community Development Corporations in the Lansing Area. This support has been critical to the progress that they have seen in the revitalization of the city's neighborhoods. LISC is a national non-profit and are based out of New York City and are scattered in about 38 different locations throughout the country. They have been in Lansing since 1989. Their mission is to provide support to grass route organizations that they identified as community development corporations. They do this with training, technical assistance, grants, low interest loans, program development and training. Since they have been in Lansing, they have loaned out over $2 million and granted out over $1 million and have provided endless hours of technical assistance to over 12 different organizations. Their community development corporations, the organizations that they support, have created over 400 housing units. They have also worked in commercial corridor projects including the Old Town Main Street Project. They are currently working to expanding the Main Street program to two new areas in the City of Lansing and hoping to be announcing that publicly early in 2002. She wanted to say that they appreciate the CDBG program and the city staff that works with the program. It is an outstanding program and they have seen a lot of progress in their neighborhoods throughout the years and ask that they continue to support LISC and the Community Development Corporations in Lansing. RON VAN ZEE, FERRIS DEVELOPMENT, 820 N. CAPITOL AVE. He would like to say that Ferris Development is very much in support of the 2003 Consolidate Strategy Plan. They have depended on the Community Development Block Grant program in the past and they look forward to again teaming up with the Development Office and CDBG program to rehabilitate houses throughout Lansing. He knows that they are aware of the accomplishments that they have had in the past in the Seven Block area, the Genessee Street area, Oak Park area and he knows as Planning Board members and some from Zoning has had to listen to him PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 3 through many discussions on what they are doing now over in the Haag Court/East Shiawassee area and what they are proposing. They are looking to completely rehabilitate 79 units in that area in the next year. They will not be able to do that without the support of the Community Development Block Grant program. All of the department in the City of Lansing have been very helpful in their efforts and they look forward to continuing that team. DENISE PEEK, LANSING COMMUNITY MICRO ENTERPRISE FUND, 520 W. IONIA. This is a non-profit organization that helps low to moderate income individuals start their own small business. Through Planning and Development they were able to support these endeavors over the last couple of years. With the CDBG funds that they receive from the Planning and Development Committee, it has allowed them to continue their work. Over the last 6 months they have given out 6 loans in total of $32,000. The support that they have received has helped them in ways that they would not have even known. She is asking that they continue their support. It is a great organizations, the work that they do is very valuable. They provide training for these entrepreneurs to start their own small business. They provide technical assistance and they provide micro loans from $500 to $10,000. Thank you for the support that they have been given in the past and hopefully it will continue in the future. CHERYL RISNER, DIRECTOR, LANSING NEIGHBORHOOD COUNCIL, 500 W. LENAWEE #319. Their office is currently working with 45 established neighborhood groups. The two newest being Old Everett Neighborhood Organization, whose boundaries are Greenlawn on the north, Jolly Road on the south and the railroad tracks on the east and Martin Luther King Jr. Blvd. to West Holmes to South Washington on the west. This group is working on many of the actions that were developed as part of the south side summit. The second new group has been established for a couple of months. This is the Woodmere Neighborhood Council and their boundaries are 3600-3800 Blk of Greyborne, their south boundary is the north side of the 3600-3800 blk. of Holmes Road, east bound is 3600 Blk of Affriel and the west boundary is the 3700 blk of Waverly that includes the small street called Star Light Lane. This group formed to deal with housing issues within their area. They are currently working with a couple of other small groups to start groups on the south side because there is not a lot of representation down there. At this time LNC is working with in corporations for this years Christy Awards Dinner that is held at the Lansing Center on Friday, February 15, 2002. Last year over 300 people attended the dinner and tickets will be available after the first of the year through the Council or through neighborhood groups. Also, again they will be coordinating Neighborhood in Bloom project for 2002. Last year with the help of some people from the Parks Department and many volunteers they were able to unload, sort and organize over PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 4 2700 flats of annuals and over 368 pots of perennials. The flowers were all distributed to neighborhood groups, schools, neighborhood watches all over the city. They also sponsored 2 seminars on how to use the Internet for crime mapping and basic needs information. Also, they coordinated a 3rd seminar for the In Touch Web Site with Lt. Steve Persons with the Lansing Police Department. They helped this year with the Day of Caring. This project had nearly 500 volunteers who put in over 1700 volunteer hours that represented a financial savings of $26,129 for the Lansing School District, East Lansing School District and the non profit community. Mr. Frederick asked Ms. Witherspoon to give the procedure for the rest of the plan. Ms. Witherspoon said they will take into consideration the comments that they received tonight and draft a summary of the comments. There is another public hearing once they create a draft on the comments received tonight. It should be some time in January. b. Act-27-01, 313 E. Grand River Ave. (Comfort Station), Marketing for Sale Donna Wynant presented the case. This is a request received from the Development Office, representing the City of Lansing, to market the Comfort Station located at 313 E. Grand River Ave. for possible sale. The current lease expires at the end of next month, December 31, 2001. This public hearing is not for the sale of that property, but to get comments from the public on this possible sale. This building has been the home of the North Lansing Community Association for 20 years. This organization has been in existence for the past 25 years. Comfort Station has a lot of history to it being in North Lansing. This was built in 1914. A thumbnail sketch of history from Hank Renegar that is in the file and gives a little bit of background. This has been used as a Comfort Station because it had a women's lounge and mens rest room and included an office for the city gas inspector. It has been used for various things throughout the years. The Comfort Station was first offered to the North Lansing Community Association in 1980 and was to be used as a community building. Grant money was received to do some restoration work to the structure, interior and exterior. The property is zoned "F-1" Commercial zoning district. That allows for a variety of things, including office and community use. It is on a relatively small parcel with the building takes up most of the property. It is in a commercial area commonly known as Old Town, and the surrounding properties are commercial in nature. The zoning is predominately PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 5 Commercial, but there is some industrial zoning just to the north of the property. There was a recently adopted revision to this areas comprehensive plan, that is the Central Lansing Comprehensive Plan. The plan encourages a lot of on-street parking, and historic restoration. Some agency review comments include: • The Assessors Office - refers to the non-profit being tax exempt or not tax exempt. Exemption from property taxes is not automatic not even to non-profit organizations. . .; • Development Office - recommends sale to a non-profit organization that will agree to utilize the property for continued community oriented activities. They recommend the deed restriction with a possibility of a revertor to guarantee this and historic use. Recommended sale for a nominal fee under these circumstances. There is also a lease for nominal fee that was made to a utility company, which is Sharp Technology for a radio system and antennae to control the storm water system for that area. That is a lease that has been made that will have to continue on with any possible sale of this property; • Parks and Recreation Department - their staff recommends disposal of the property and that lease needs to be terminated and the Parks Board recommendation is needed. No comment has been received from the Parks Board to date; • North Lansing Community Association - there is an attachment from the president of NLCA and they are recommending that the property be retained by the North Lansing Community Association. Ms. Wynant explained some of the things that North Lansing Community Association has done for the property; letter from Ken Patengel in support of the NLCA's continued use of the property; letter by WMAQ who recommends that the NLCA be able to continue its use of the property. Since they said that it would be an asset to the community for the NLCA to retain the Comfort Station building in all aspects. One thing that she would like to emphasize is that this public hearing is not for the sale of this property but to get comments from the community to see if the city should sell it. The city has owned it for a long time and the lease expires at the end of next month. The Comfort Station is the home of the North Lansing Community Association meetings, located at the boundaries of NLCA. This neighborhood stretches from Saginaw (southern boundary) to Sheridan Road (northern boundary); and from Martin Luther King to the west and Wood Street the eastern most boundary. It is a very large area. Mr. Smith said the city has owned this for 20 years? PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 6 Ms. Wynant said that the city acquired the building in 1914. Mr. Smith asked when the last time the city offered it up for sale? Ms. Wynant said she does not believe that the city has ever offered it for sale before. Mr. Smith asked why now? Ms. Wynant said because the five year lease expires next month. The City is questioning whether it needs to continue to own this property. They did not receive any comment from the Park Board yet, but the Parks and Recreation Department is recommending that the City dispose of the property by getting it out of public ownership. Mr. Ruge asked if it is part of the Parks Department right now? Ms. Wynant said that it is under their jurisdiction. Mr. Ruge asked if the property costs anything to the city to operate currently? Ms. Wynant said she does not have those figures right now. North Lansing Community Association is paying for the utilities and the day-to- day maintenance. There are some funds that they city has had to spend on some maintenance, Mr. Winnicker may have more information on that for specific questions, but she believes that NLCA has taken on responsibility for the property over the past 20 years of utilities and they have been able to rent it for a nominal fee. It has been a $1 per year that they have taken care of maintenance things and utilities. Mr. Ruge asked if it is the City's plan to sell it to the NLCA or just open it to whoever wants to purchase it? Ms. Wynant said she does not know if there is any definite plan, but there is a deed restriction on the property that it can only be sold to a non-profit organization. It can not be sold to a for profit entity and there is an easement on a restriction to keep it in its historic character. It is within the North Lansing Historic Commercial District on the National Register. Mr. Ruge asked if the facade easement was something new? Ms. Wynant said the facade easement dates back when the Block Grant money was used back in 1975. PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 7 Mr. Rieske reiterated that the Planning Staff is still on the fact-finding mode on this and public hearing is a part of that fact finding mode. They would like to address the public comments on this. However, they are still gathering all the facts to generate a recommendation. Mr. Smith said that he would like to question the remarks of the Development Office. It says that it recommends sale to non-profit organizations. But if he understands Ms. Wynant, she is saying that there is a deed restriction that says they can only be sold to non-profit organizations. He would like clarification, is this only a recommendation or is there a deed restriction? Ms. Wynant said she has not seen the deed restriction, she has only seen the Development Office's recommending a deed restriction and reverter to guarantee historical use. She would have to refer to the Development Office on this. She has seen the lease agreement and an old deed found on the Assessors Office field sheet. JOYCE HOOK, NLCA, 435 Beaver. They are here to apply for purchase of the property located at 313 N. Grand River also known as the Thelma Osteen Comfort Station and the railroad tower for $1 as sole owner. She was treasure of NLCA from 1990 to 1999. North Lansing Community Association was founded in 1975. It was formed after the North Lansing Women for Action, a similar group of civic minded citizens, disbanded. This is the oldest association in Lansing. There are many purposes in North Lansing. Some of the goals of the group are to reserve the historic district paying attention to the Historic Significance that North Lansing has to offer, to encourage new business to locate in the North Lansing area. Thelma Osteen was the president of NLCA in 1988 until her sudden death December 10, 1998. Ms. Osteen was a real go getter. She was very active in North Lansing since 1964 when she and a neighbor, Evelyn White, formed the North Lansing Women for Action Committee. Ms. Osteen was the first winner of the Bea Christy Award. Ms. Osteen is the reason the Dodge Mansion is standing today because she was instrumental for saving it from the wrecking ball. This building meant the world to Ms. Osteen. It was her dream for NLCA to own this building. The year before she passed away she told Mayor Hollister that all she wanted for Christmas was this building. It would be nice to be able to make her dream come true and reward her with it. With her name on the building, Thelma Osteen Comfort Station, she thinks that this building belongs to her forever. The Association will try to keep up all the good works of Ms. Osteen and all the others that have gone before them. PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 8 Mr. Ruge asked if they could tell him approximately how much it cost the NLCA to keep up the building each year. Ms. Hook said she is not sure any more. She was the treasurer up until 1999 and she has not kept track of that. SCOTT MCCLAIN, TREASURER, NLCA, 1403 CENTER. He has been a member of this association since 1994. He met Ms. Osteen going door to door recruiting members for the association. He told her that he experienced a musical promoting and the reason he is talking about this is this is how they get their money. Also, he is talking about what they do with their money in regards to the building. His first experience was with their festival that is one of their main draws. It was small, two bands that played in the park that weekend. It was a very successful event. The Heritage Festival is 26 years old. The following year some friends of his from the internationally famous recording group, Rare Earth, approached him wanting to perform in North Lansing at the festival. Members of the band also reside in the North Lansing area and are current members of the association. They talked about bringing the festival to higher level to be more successful financially. He approached Ms. Osteen and told her that Rare Earth wanted $4,000. They agreed that they could raise the money door to door. In 30 days they met their goal through donations from corporations and businesses all over Lansing. Their biggest festival sponsor is WMMQ and they were very excited to be on their team. They said that they would advertise their show at no cost as a donation to North Lansing Community Association. They had 10 or more bands that year, many vendors from the beginning Ramon's Restaurant was their first sponsor and vendors. They could always stress a variety of music, country, blues and classic rock have been features and they have always featured bands that were good family entertainment. They also sought the support of the Mayors Office, Lansing City Council, the Board of Water and Light, Parks and Recreation and the Lansing Police Departments. The festival raises $3,000 for their association. Many festivals since that time has raised thousands of dollars. Their festival last year was the best yet. International recording artist Mitch Rider was their headline. There was also approximately 20 local bands which performed. The festival truly brought them to a higher level. Approximately 12,000 people attending the festival last year. These companies have donated thousands of dollars and a lot of advertising to their neighborhood. Many relationships have come from North Lansing PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 9 Businesses, Demmer Corporation, Wohlert, Freelance and Remon's to name a few. The 2001 Festival was $17,000. Their profit was $6,000. In the last five years they have done businesses with tent rental companies of $7,000. Through sales of pop and hot dogs are estimated at $20,000 or more. They have done business with ESI Entertainment for $15,000, Sports Stage Business of $12,000. All in all they in the past 5 years they have taken more than $50,000 in total donations door to door. Next year, the sky is the limit for their festival. However, retaining the Thelma Osteen Comfort Station building is their priority. They need to start planning now, the telephone is ringing. The neighborhood needs their community building because it is the focal point for all that is in the neighborhood. In closing, they are all inspired by Mrs. Olsten's goals for the building. LINDA SUTTON, EXECUTIVE DIRECTOR, OLD TOWN MAIN STREET. They would like to address this issue this evening from a different perspective. As the Board knows, their mission is to revitalize and renovate that area that is known as Old Town. In doing so, they have visionary discussions about every building that is in Old Town. They need to be proactive about what they do and not reactive. So, on behalf of the Board, they would like to ask them to make this decision bearing in mind that there is an Economic Development Plan for that area and their hope would be that it would keep that in mind as the decision is made. SHERRIE SHAW, 403 BEAVER STREET. She lives in the heart of North Lansing. She is not a business person there however, but a resident of some thirty some years. She would like to ask if this building is sold that the North Lansing Community Association be given first opportunity. As they have maintained and been in that building for many years. Their goal also is to restore and keep the old heritage look to the North Lansing Community. She thinks that they have proven their stability there by maintaining it all these years without asking for any funds. They have never received any grants except for very, very small projects. Not to restore this building and not to go on further for financial gain for the association. They love this building, they would like to see it kept there as a meeting place. It has a lot of potential and she thinks that enough has been given down along the line as thousands and thousands of dollars have been spent there. They would like to spend a little of theirs there and do some more improvements and make that the home of the North Lansing Community Association for years to come. However, if they decide to lease the building again, which she could understand but personally could not see how the building has any of the burden for the tax payers of the City of Lansing because of the fact that the city has not been responsible for the upkeep or the taxes. By keeping it going, they PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 10 are keeping it on their list of assets. It is actually a win situation for the city and if they could lease it for another 5 years to bring it up more they would be happy to try to do that and would appreciate anything they give them. AMY HODGINS, 416 N. CEDAR. Her daughter asked for many, many months to go to a beautiful place that she did not know. Her daughter told her that she could not miss this experience. She said it was a majestic place and she would cry when she seen it. Finally she had to go to the doctor and her daughter took her to this place and she cried because it was the most paradise that she had ever seen. Flower, roses, tulips anything. She asked who would have done something like this. In big letters there was something that said answers to questions she knows they are going to ask. Fifty thousand bulbs one at a time by one women, two hands, two feet began in 1958. For many years before this lady had begun one bulb at a time, they . As it was said before, Thelma Osteen stood in front of the Dodge mansion when it was going to be destroyed and she asked to be killed before they could go in. She had to pay for the wreckers that could not go over her. The same thing happened with the Comfort Station. It was also going to be demolished and this great women, who did not have many Ph.D's nor was she not the most well known women in Lansing saved this building because of her conviction. She used this building as a Community Center. When Ms. Osteen was president for many years, she managed to get money from businesses like hers and she organized this. She kept, she paid taxes. There were offices, computers, there was everything needed to do. Ms. Osteen died two years ago, in two years a little has changed. Her two daughters go one of them is hear. This year all the family is back, this building is going to be what it use to be. This building belongs. It has been rededicated to Ms. Osteen by the Mayor and City Council. She begs them that they don't write with their feet what it took Ms. Osteen with love to build with her hands, not only for Lansing but for all the residents in Lansing. BRYAN SMITH, 1007 WOODVINE. He is here as a community activist to present the Board with a little bit more facts. First of all, if this building is to sold or leased he hopes that the first chance is given to the NLCA. He is here to remind the Board that this building is still under the jurisdiction of the Parks Department. He attends Parks Board meetings regularly. He does know that Mr. Jemerson would like to dispose of the property because as he said at a recent Park's Board meeting, he and his staff don't even have keys to this building. However, he can tell the Board that it is under their jurisdiction. An argument can be made that this is recreational property and therefore would have to be put before a vote of the people as is the Genessee Park case that is in the court of law now. PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 11 He can tell the Board that the longest serving park member, Judith Milhay Felice, as well as Park's Board member Layer were totally against the city disposing of this property. That was why it got tabled for further review and discussion at the last Park's Board meeting. He feels that this even being on the agenda is putting the cart before the horse because if the Park's Board does not give their consent, he does not know it could be sold. He just wanted to pass these facts on and support the NLCA. BELINDA FITZPATRICK, 224 S. HOLMES RD. She is a licensed attorney. First of all, if this is going to be sold it should be given to the Community Group that has used it and invested so much into it. She would like to drive home that she does not know what this Economic Development Plan is for that area, but if that Economic Development Plan includes pushing out established members of the community than she as a citizen has to oppose this aspect of the Economic Development Plan. She does not know if that is what is going on with the Economic Development Plan, but if it is it is not right or good to have Economic Development where they have the community using its facility, investing in the facility, heart and soul attached to it. It is part of them and who they are. It is not right. Mr. Bryan Smith had mentioned that in a City Charter if they have recreational property, if it is going to be sold it has to go before a vote of the people. Now, this issue is currently pending in the courts and there is an appeal of Judge Houk's ruling. He felt that there was not standing for Genesee Park, but there was a Supreme Court case recently that if there is recreational use or future recreational use they actually have damages there for standing and she would encourage the people who have used that building to head right into court if this were sold without being put on the ballot for the vote by the electorate. She would like to say repeatedly that the law does not replace courtesy and respect for people's feelings. How can they even consider, when they have something that the community is invested in their hearts and souls and is part of them. They want to take and rip their hearts and emotions apart. No, the city does not want to sell this unless they are going to sell it to the people who have the emotional attachment and sweat equity investment into it which is the Community Association that has been using it. BECKY WECK, THELMA OSTEEN'S DAUGHTER, 331 HARRIETT. As a young star of Thelma Osteen, she does hope that her dreams become a reality. They were very honored and pleased when the building was renamed the Thelma Osteen Comfort Station. They are here tonight in hopes that it might be taken into consideration that the North Lansing Community Association be considered first to purchase the building. The building has had many different gatherings, Thanksgivings, Christmas's PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 12 and other gatherings for families that lost loved ones that had no where else to go. Their mother would be pleased and proud of their sister Bev Marsh. She has formed a club that she calls Thelma's Kids. Part of this is that the kids meet at the building and they interact with them. Their mother's dreams for Old Town for more than 25 years was to bring North Lansing back to life working with the already established business people and to bring new business into the area. She worked hand in hand with their neighbors as a community. She does hope and pray as one of her 3 daughters that they can help fulfill her dreams and wishes and again as a member of the North Lansing Community Association that they be considered first to purchase the Thelma Osteen Comfort Station. BEVERLY MARSH, THELMA OLSTEN'S DAUGHTER, 331 HARRIETT. She is here to ask that the City consider the NLCA to purchase this first. As their older sister stated that if they decide that it is not going to be a sale, she hopes that they would consider letting them stay there as a renter as long as their Association is going and its history tells them what they are about and that they are there to stay. Their mother did a lot there and her life was at the North End. Her father would tell them, he spent a lot of evenings alone because her mother was either at a meeting or at the Comfort Station, she was helping someone if they needed medical attention or legal advice, she brought in attorneys there. Anything that needed to be done, she was there with an open door for everyone. She put a lot of her time and effort into this and she would hope that it could continue to grow. She has started the Thelma Osteen Youth Group. They are filing for a non-profit and they are in the process of getting their insurance and as the Board knows since September 11, 2001, insurance companies do not want anybody. They don't want any kind of liability. She talked to her insurance agent today and he assured her that he was meeting with a company to go over this. They would like to continue to have the youth group there, any other organization that would like to use it, keep it open and keep the North Lansing Community Association there and continue to have the North End thrive and grow. Before the grant money and all that come there, they worked and their mother did to keep it Old Town. They come in and call it Old Town with all their grants and everything else and they do have more leverage than we do, but as far as grass roots to get something done, the North Lansing Community Association would do it. KIM LAWRENCE, NLCA, THELMA OLSTEN'S GRANDDAUGHTER, 331 HARRIETT. This building has been her grandmother since she was little. She use to go there and type on the typewriter. This was for her people and family. Everyone in that Community was called Thelma's family, everyone called her Grandmother. She took something and she brought it to life not only in her dreams, but she wanted to broaden children's lives PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 13 as well. Children were everything to her. From all the gatherings, to giving children Christmas presents. All the children in the neighborhood that maybe were not as fortunate got a set of mittens. This is her building and she thinks that the city should think hard about a decision about taking something from a community and putting it into the public. BEVERLY MILLER, NLCA VICE-PRESIDENT, NLCA VICE-PRESIDENT. When she came to the North Lansing Community Association it was 1982. Back then, the building still needed work and they worked hard to work through the City to get grants. They got a nice grant to help them out. They had visions, in `82, prior to `82 there was a women's group. They said that there were a lot of block grants that have come into this city and they had visions. They would like to be part of the block grant system. At that time when they did not get involved. Then they got involved and started an organization. From that day on they had visions. The Fish Ladder, the city built the walkway and it stopped in North Lansing and they had a vision that it would go farther and it has gone farther. The visions that they have come into play. They still have visions, they would like to have the bridge that is falling down fixed. They work at these things. They have not had one year gone by that they have not been involved with something. A lot of people have come and gone through this organization, a lot of hearts went into this, a lot of heads and minds. They took care of this building and asked very little from the city, done it on their own and proved that they are capable of maintaining the building and keep finances. They can do this, they have no problem with it. They are hoping that the city does not have a problem with it. They want to buy the building. Do it for them, they have earned it. They have earned this building. That is a vision. This concludes the public hearing on Act-27-01. This will be referred to the Urban Development Committee, which next meetings on Tuesday, November 27, 2001 at 4:OOpm at the Planning Department Conference Room, 316 N. Capitol Ave. 5. COMMENTS FROM THE AUDIENCE (5 minutes each) - DALE HAWKINS, 2617 VICTOR AVENUE. This is regarding SLU-7-01, 2800/2900 Blk. Pleasant Grove. He was amazed as he looked at the Planning Board Report on this issue that it agreed with some of his own positions. One of his positions is that there should be no street openings on Viking. In the report, the Code Compliance Office asked why there was a driveway to the residential road. The Transportation Engineer said "The Plan includes a driveway to Viking and it should not be permitted for two reasons: 1) It puts a traffic load on neighborhood streets that is not necessary and 2) it creates a connection between the neighborhood and Pleasant Grove that will have traffic coming PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 14 through the church property. While there may be legal obligations to prevent a driveway access if it is a demanded by the church, it is in not advisable." In the staff recommendations, it says on condition "F", "The proposed public entrance on Viking Street be closed." He said that there is no way that someone would want to drop someone off or pick them up and go through the parking lot and then back out on Pleasant Grove. They also show a drop off in front of the proposed building which would create traffic on Viking, which is a residential street. He asked that berms be included in the site plan as they would buffer the noise, light and the sight. Mr. Hawkins said that he is not opposed to the basic concept of the church in the neighborhood, he would just like for it to be nice for the neighborhood. BOB SMITH, HOBBS AND BLACK ARCHITECT REPRESENTING FRIENDSHIP BAPTIST CHURCH. Mr. Smith said that he attended the last hearing and also met with the Zoning and Ordinance Committee briefly at the committee meeting. Subsequent to the committee meeting, they were able to meet with Jim Ruff, Planning Manager, Susan Stachowiak, Zoning Administrator and briefly Doris Witherspoon and were able to review some of the concerns, details and conditions that were proposed. He said that the result of this meeting is the addendum that is in the packet tonight. There is no problem with the addendum that was presented by staff and also the conditions of the approval. Specifically, the condition were: a) That the two parcels be combined at the Assessors Office. Friendship Baptist has no problem with that; b) The drainage plan be reviewed and designed to meet approval of the Public Service Department. He spoke with Dan Danke at the Public Service Department and his concern the storm water connection that they showed connecting to the existing line on Maloney Street. Mr. Danke was not sure if that was an abandoned county drain or if that was still active and they understand that it is a site plan review issue. During site plan review or even before that they will try to meet with Mr. Danke and confirm if it is an active drain or whether it has been abandoned. If it has been abandoned, they have no problem re-engineering and connecting to the appropriate storm water drain. c) That the natural buffering on the west side of the parcel be maintained and the trees identified that can be saved. Further recommend that they work with the City Forester. Again, this is no problem. They would encourage and appreciate the opportunity to work with the City Forester. d) The proposed public entrance on Viking Street and Pleasant Grove should be properly designed and have the necessary signage to prevent abuse of the connecting drive and inappropriate cut through traffic. They have no problem with this condition as it is written. The church would like to discourage any cut through traffic and they think that the way the project has been designed, this will be accomplished. They have no intentions of putting an entrance sign at the Viking Street driveway. The primary entrance will be Pleasant Grove. The driveway is designed so it does not encourage cut through traffic. It is very meandering and is not obvious that it even goes through from either of the streets (Pleasant Grove or Viking). It is very easy to drop someone PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 15 off and then circulate right back and go to the main street, Pleasant Grove. It is very easy to turn around and go back. The church would like to keep a connection on Viking and as he reads the ordinance, churches are required to have their primary entrance on a primary street, such as Pleasant Grove. It does not say that you cannot have a secondary access onto a residential street, just that there needs to be a primary entrance on Pleasant Grove. They believe it is important to have the secondary access and they think it is good design. Many site plan reviews would require something like this. If there is a fallen wire, storm or emergency where they cannot get in at Pleasant Grove, it is important to have fire access and ambulance access in a secondary manner. The church would also like to maintain this drive because they would like to establish a relationship with the community. Staff mentioned that usually churches are a solidifying factor to most communities. Usually they are an anchor to the Communities. The church would like to, hopefully, get congregation members from the community and draw from the community. It would be a shame to require them to drive out on Pleasant Grove, add that traffic and then come back in when there is a very logical, rational connection to Viking. It is not something that would be a primary exit or entrance because most people would have to go back out to Pleasant Grove anyway. They also have no problem posting a sign that this is not a through-way. They would recommend not putting a sign up there and leaving it a blank driveway, but if there needs to be a sign saying that it is not a through-way they would have no problem doing so. e) Require a site plan review and landscape screening and buffering plan. Of course that is required and it is the next step when the special land use is approved. f) Reserve all existing utility easements. Those are deed restrictions and they cannot be changed or altered simply by applying for Special Land Use. There was another discussion at the Zoning and Ordinance Committee concerning a cul-de-sac on Maloney. They have discussed that in detail with Jim Ruff, Planning Manager and Sue Stachowiak, Zoning Administrator, and he thinks that Mr. Ruff agrees with them that it cannot be required as a condition of a Special Land Use because it has no legal nexus to the Special Land Use. It would be an off-site improvement and it has no connection whatsoever to the land use of the church. The church is not connected to that street. It is a small dirt road at this point with three houses facing on it. They also talked to Dan Danke about that and he said that he understands that he cannot require the cul-de-sac and it has been dropped from the conditions. He is available if there are any questions and Reverend Stone is also here if there are any questions. 6. RECESS - A five minute recess was taken. 7. BUSINESS A. Minutes for Approval: November 6, 2001 Moved by Ms. Foster, supported by Ms. Cordill, to approve the minutes of November 6, 2001 as written. MINUTES NOVEMBER 20, 2001, Page 16 PLANNING BOARD MEETING Minutes of November 6, 2001 On a Voice Vote, motion carried (6-0), theAPPROVED. were g. Committee Reports e, Chair 1 Zonin and Ordinance CV11 11�utghby Rdr. A�� Residential District a. Z-15-01, 1001 E to "DA" Professional Office District Property at Gordon L. Long to rezone prop Y This is a request by „ Residential to "D-1" 1001 E. Willoughby Rd. from A P rofessional Office. A house was constructed le family residence. that has been exclusively usedoaert toghe north and east The property, as well as the p p Y we re acquired by the applicant for the development of a to professional office facility. All the s previouslying purround ezoned to the east of Georgia Ave.development, with the exception of one accommodate this residential lot to the north of the expansionheoffices effort to are phase of an overall redevelopment/ upgrade the Holiday Inn South to a regional convention facility. Summary The purpose of the rezoning is to utilize the site in the evelo ment of a professional office facility that would nd east. d p encompass much of the adjoining la in The Master Plan for this vicinity wasraoffice'eudse.1999 to T land fo depict the site and adjoining Subsequently, the properties to the north and east were ' rezoned to the "D-1,, Professional Offland use pattern designation. The rezoning is consistent with the emerging and the pattern being advanced in the Master iance could be impacts on the environment of o osal. No concerns were discerned to result from thise agencies. expressed by the review ag Staff Recommendation Staff recommended that the property be rezoned as requested. carried In Committee it was moved, seconded ed ond val of ZI 15-01, 1001 unanimously (3-0) to recommend pp E. Willoughby Rd., "A" Residential District to "D-1" Professional Office District. PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 17 PLANNING BOARD ACTION was as follows: Ms. Patrick asked if the residential property owner will loose value because of this change and will the construction be held up if the zoning is approved but the residential property owner stays in his house? Mr. Ruge asked if she is talking about the person who owns the property that is requested to be rezoned? Ms. Patrick said correct. Mr. Ruge said it is his understanding that the house will be torn down and most of the property will be green space. Mr. Ruge made a motion, seconded by Mr. Smith to approve Z-15-01 , 1001 Willoughby Rd., "A" Residential District to "D-1" Professional Office District. Frederick . . Aye Foster. . . Aye Patrick. . .Ave Smith . . . Aye Cordill . .Ave Ruge . .Aye On a Roll call vote, there were: Ayes: 6; Nays: 0; carried; unanimous; APPROVED. b. Z-16-01, NW of intersection of Miller and Aurelius, "DM- 3" and "A" Residential Districts to "H" Light Industrial District This is a request by Martin Property Development to rezone the property. The applicant describes the intent of the request as making the land use consistent with the contiguous properties in the industrial park to the north. Given the considerable frontage of the parcel along Miller Road, but shallow depth, it is most likely that the parcel would be developed for 7 to 12 small industrial sites. A one acre parcel is located in the center of the applicant's property that has a house located on it, which is currently occupied. The occupant has lived there for 40 years. This separate parcel is not part of the rezoning request. Summary The proposed rezoning is likely to result in strip development of small quasi-industrial land uses along the north side of Miller Road. Such development would be inconsistent with the residential development on the south side of Miller Road and the residentially zoned parcel located in the center of PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 18 the applicant's site. The shallow depth of the property and a configuration in which most of its frontage faces residentially developed land, impede the ability to mitigate conflicts between these differing land uses. The Master Plan advances the establishment of a transitional "Professional Office" district on this site. The proposal precludes such a transition. The use of the site for industrial purposes would have little impact on traffic circulation or other public services and facilities. It would also have little affect on the environment, in general, although localized impacts could be anticipated from certain kinds of industrial activities in the form of dust, noise and odors. The proposal could also negatively impact the marketability of the residentially zoned land to the south that has yet to be developed. Staff Recommendation Staff recommended that the requested rezoning not be approved. Though the staff did recommend that a "D-1" Professional Office designation be supported for the site. In Committee, Mr. Ruge asked Mr. Peckham how he felt about rezoning the property to "D-1"? Mr. Peckham said that he is not in favor of "D-1" and would prefer to have it denied rather than proceed with rezoning to "D-1". In Committee it was moved, seconded and carried unanimously (3-0) to recommend denial of Z-16-01, NW of intersection of Miller and Aurelius, "DM-3" and "A" Residential District to "H" Light Industrial District. PLANNING BOARD ACTION was as follows: Mr. Ruge made a motion, seconded by Mr. Smith to deny Z-16-01, NW of intersection of Miller and Aurelius, "DM-3" and "A" Residential District to "H" Light Industrial District. Frederick . . . . . . . . . . . . . . . . . . . . Ave Foster. . . Aye Patrick. . .Ave Smith . . . . . . . . . . . . . . . . . . . . . . . Aye Cordill . .Aye Ruge . .Aye On a Roll call vote, there were: Ayes: 6; Nays: 0; carried; unanimous; DENIED. PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 19 C. SLU-7-01, 2800/2900 Blk. Pleasant Grove, Church Construction in the "A" and "B" Residential District and "J" Parking District This is a request by Harold Singleton on behalf of Friendship Baptist Church, 925 W. Main Street, for a Special Land Use permit to construct a new church facility in the 2800/2900 Block of Pleasant Grove. The proposed 37,432 sq. ft. church facility will include a sanctuary, fellowship hall, offices, classrooms and parking for the church. A future addition is proposed for a gymnasium. Summary The proposed special land use is designed to be constructed, and operated in a manner harmonious with the character of adjacent property and surrounding uses. The proposed special land use will not change the essential character of the surrounding area. The proposed special land use will not interfere with the general enjoyment of adjacent property. The proposed special land use should not have any negative impacts on the surrounding area. The proposed special land use will not be hazardous to adjacent properties or involve uses, activities, materials or equipments which are detrimental to the health, safety and welfare of persons or property through excessive production of traffic, noise, smoke, odor, fumes or glare. The proposed special land use will not have any significant impact on the environment, public services or utilities. The proposed special land use is consistent with the intent and purpose of the zoning code and comprehensive plan. Staff Recommendation Staff recommended approval of the special land use permit for the construction of Friendship Baptist Church in the 2800/2900 Block of Pleasant Grove with the following conditions: a. That parcels 3301 01 30 426 041 and 3301 01 30 426 051 be combined at the Assessors Office. PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 20 b. The drainage plan be reviewed and designed to meet approval by the Public Service Department (recognizing this is a code requirement). C. The natural buffer on the west side of the parcel needs to be maintained and trees identified that can be saved. Further, the church should work with the City Forester to preserve existing trees and protect the drip line. d. The proposed public entrances on Viking Street and Pleasant Grove should be properly designed and have the necessary signage to prevent abuse of the connecting drive and inappropriate cut-through traffic. e. A site plan review and LSB plan including buffering of noise, light and sight issues be submitted. f. Reserve all existing utility easements (recognizing this is a deed restriction). The Committee members discussed landscaping, screening and buffering, access, drainage, etc. The Committee recommended that the conditions be corrected to read the following: 1. That parcels 3301 01 30 426 041 and 3301 01 30 426 051 be combined at the Assessors Office. 2. The drainage issue on Maloney Street is resolved prior to the construction of the church. 3. "T" intersection or proper turn around constructed at the dead end of Maloney Street be addressed in site plan review. 4. The natural buffer on the west side of the parcel needs to be maintained and trees identified that can be saved. Church work with City Forester to preserve existing trees and protect the drip lines. 5. The proposed public entrance on Viking Street be closed. 6. A site plan review and LSB plan be submitted including buffering of noise, light and sight. 7. Reserve all utility easements. 8. Emergency vehicle entrance on Viking be resolved with the Fire Department and Transportation Engineer. In Committee it was moved, seconded and carried unanimously (3- 0) to recommend approval of SLU-7-01 , 2800/2900 Blk. Pleasant Grove, Church Construction in the "A" and "B" Residential Districts and "J" Parking District with conditions. PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 21 PLANNING BOARD ACTION was as follows: Ms. Foster was concerned about the large drainage ponds and recommended reducing the size through the use of bio-swales. General discussion ensued regarding the Viking Street entrance. General discussion ensued regarding putting a curve in the Pleasant Grove entrance and narrowing the drives. Ms. Stachowiak said that the condition about having a turn-around at the end of Maloney Street has been deleted from the conditions because it is not linked to the church. Ms. Cordill asked to be recused from this case because her husband works for Hobbs and Black. Mr. Ruge made a motion; seconded by Mr. Smith to recuse Ms. Cordill from this discussion and vote. On a Voice Vote, the motion carried. Mr. Ruge made a motion, seconded by Mr. Smith to approve SLU-7-01, 2800/2900 Blk. Pleasant Grove, Church Construction in the "A" and "B" Residential Districts and "J" Parking District with the following conditions: 1. That parcels 3301 01 30 426 041 and 3301 01 30 426 051 be combined at the Assessors Office. 2. The drainage plan be reviewed and designed to meet approval by the Public Service Department (recognizing this is a code requirement). 3. The natural buffer on the west side of the parcel needs to be maintained and trees identified that can be saved. Further, the church should work with the City Forester to preserve existing trees and protect the drip line. 4. The proposed public entrances on Viking Street and Pleasant Grove should be properly designed and have the necessary signage to prevent abuse of the connecting drive and inappropriate cut-through traffic. 5. A site plan review and LSB plan including buffering of noise, light and sight issues be submitted. 6. Reserve all existing utility easements (recognizing this is a deed restriction). 7. That bio-swales be used in the site plan. 8. That the width of the drive be kept to a minimum. 9. If the traffic becomes a problem on Viking Street, the church work with the Transportation Office and Planning Office to resolve the problems. PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 22 Frederick . . . . . . . . . . . . . . . . . . . . Aye Foster. . . Ave Patrick. . .Ave Smith . . . . . . . . . . . . . . . . . . . . . . . Aye Cordill .Recused Ruge . .Aye On a Roll call vote, there were: Ayes: 5; Nays: 0; 1 Recused carried; unanimous; APPROVED w/CONDITIONS. d. SLU-3-01, Development in Flood Plain, Industrial Park, Cavanaugh W. of Aurelius The applicant, Cavanaugh Development Group, LLC., is requesting a special permit to allow construction of an industrial park on a site located in the 100-year flood plain. Pursuant to section 1288.05, no construction will be allowed in the 100-year flood plain without approval by the MDEQ and a special permit from the City. Separately owned development would be created on this parent parcel through a series of land divisions. Development would include buildings, private road, parking, and related improvements. The plan proposes the location of four developments with a combined gross floor area for the combined building footprints of approximately 252,000 square feet. Staff Recommendation Pursuant to Public Service's conditional acceptance, it is determined that the request can comply with the provisions of Chapter 1288 Flood plain Control of the Zoning Code and that the following action be considered: Recommend that a special permit for SLU-3-01 be approved for construction of industrial structures and related improvements within the boundaries of the 100 year Flood plain for the property located east of the Penn Central Railroad right-of-way and south of Cavanaugh Road, subject to the following: a. Written approval from Michigan Department of Environmental quality; and b. For each phase of development, the volume of the filled sections shall not exceed the volume of the cut sections. In Committee an additional condition was added: • Approval by the Building Safety Office of flood proofing measures. PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 23 In Committee it was moved, seconded and carried (2-1) to recommend approval of SLU-3-01, Development in Flood Plain, Industrial Park: Cavanaugh W. of Aurelius with 3 conditions: a. Written approval from Michigan Department of Environmental Quality; b. For each phase of development, the volume of the filled sections shall not exceed the volume of the cut sections; and C. Approval by the Building Safety Office of flood proofing measures. PLANNING BOARD ACTION was as follows: General discussion ensued regarding the uses in the industrial park and the zoning designation of the property as "I" Heavy Industrial. Mr. Cooley gave a definition of Floodplain verses Floodway. Ms. Foster said that, according to the map, only the southern tip of the property appears to be in the floodplain. Ms. Stachowiak said that only the southern tip of the property in not in the floodplain. She also explained the Letter of Map Revision (LOMR) that has been requested by the applicant. She stated that the LOMR would change the boundary of the floodway. The reason the applicant is pursuing this request is because no construction is permitted in a floodway and if the boundary is changed, the applicant would have more buildable land on his property. The zoning is "I" Heavy Industrial. Mr. Frederick expressed concern with having Heavy Industrial uses near Sycamore Creek and disagrees with floodway delineation. Ms. Stachowiak said that the applicant, by right, could establish a storage yard on the property or construct a parking lot. Mr. Ruge said that Section 1288.04 lists the permitted uses in the floodplain. Mr. Ruge made a motion, seconded by Mr. Smith to approve SLU-3-01, Development in Flood Plain, Industrial Park: Cavanaugh W. of Aurelius with 3 conditions noted above. Frederick.. . . . . . . . . . . . . . . . . . . . Nay Foster. . . Nav Patrick. . .Nav Smith . . . . . . . . . . . . . . . . . . . . . . . Ave Cordill. . ..Ave Ruge . .Ave On a Roll call vote, there were: Ayes: 3; Nays: 3; motion failed. PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 24 SLU-3-01 was not approved. Mr. Cooley asked if this is considered an affirmative action when a motion to approve fails? Will this be sent on to the Council as a tie vote with a motion to approve. Mr. Frederick said it will be sent on to the Council as a denial. They have to have 5 affirmative votes to approve. Ms. Stachowiak said that the motion and vote will go up to council exactly the way it was handled. Mr. Cooley said it will be sent as it was worded. Mr. Rieske said there is no recommendation to deny, there is no recommendation. There will be an explanation and a vote. Mr. Cooley asked when this will be on the Council Agenda. Ms. Stachowiak said a week from this coming Monday. The next Zoning and Ordinance Committee meeting will be Wednesday, December 12, 2001, at 4:00pm, 316 N. Capitol Ave., Department Conference Room. 2. Urban Development Committee - Ms. Patrick, Chairman. The next meeting is, Tuesday, November 27, 2001, at 4 p.m., 316 N. Capitol Ave., Department Conference Room. 3. Committee of the Whole - none 4. Executive Committee - none C. Report from Planning Manager - none D. Pending Items: Future action required 1. Zoning and Ordinance Committee a. Z-1-98, 1223 N.Turner St., "H"Light Industrial District to"G-1"Business District (Tabled February 11, 1998) b. Z-5-98, 401-407 E. Grand River,"F"Commercial District to"G-1"Business District(Tabled June 10, 1998) C. Z-8-2000, 3901 S. Martin Luther King Jr. Blvd., "F"Commercial to"H"Light Industrial District(Tabled June 14,2000) d. Z-15-2000, 301 W. Lenawee Street, Professional Office to"G-1" Business District(Tabled January 17,2001) e. P-1-2001,Tentative Preliminary Plat,Wexford Woods (Tabled June 13, May 9, 2001) f. PRD-2-01,"Crystal Woods", Planned Residential Neighborhood (Tabled August 15, 2001) g. Z-8-01,Willoughby Rd., "A" Residential to"DM-1" Residential, "D-1" Professional Office and"C"Residential (Tabled October 10, 2001) h. SLU-6-01,517-519 E. Grand River Ave., Church in"F-1" Commercial District (Tabled November 14, 2001) PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 25 i. SLU-8-01, 3000 W. Miller Road,Additional Parking for an Existing Church (Tabled November 14, 2001) 2. Urban Development Committee a. Act-9-2000,201 E. Grand River Avenue, Proj. Sign Over ROW (Tabled June 27, 2000) C. Discussion of Comprehensive Planning Process. 3. Committee of the Whole 4. Planning Board a. Act-12-01, 5550 S. Pennsylvania- Market Fire Station for Salem (tabled July 3, 2001) b. Act-13-01,4801 S. Cedar Street,Acquire for Fire Station (tabled July 3,2001). 8. NEW BUSINESS - a. 2002 Meeting Dates for approval. Ms. Patrick made a motion; supported by Ms. Foster to approve the 2002 Meeting dates. On a Voice Vote, the motion carried (6-0). 9. COMMENTS FROM CHAIRPERSON - none. 10. COMMENTS FROM BOARD MEMBERS Mr. Smith said that Silver Bells was a nice experience and it was nice to see downtown Lansing filled with so many people and so much activity going on. The second thing was that he hopes that some or all of them had an opportunity to attend the dedication of the new Vietnam Veterans Monument Memorial on November 11, 2001. They estimated the crowd to be about 5,000. It was a beautiful day and a great ceremony. If they have not seen it they should. Ms. Patrick said he had a question that came from a Team 14 meeting that she attended in the Second Ward on the corner of Jolly and Cedar. There is a new building going in that strip mall. It is a small building in the front of the mall. The question is why did the city allow them to put a building in the middle of a parking lot? She explained to them that the city probably did not have a lot to say about that since it was already done. Secondly, did they take up so much parking that they have insufficient parking for the mall? Ms. Stachowiak said that the parking was looked at in site plan review and it was determined that there was adequate parking for the mall. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS Mr. Smith said that he brought up in Committee how on Victor Avenue, at 4:00pm, cars are parked on both sides of the street and it becomes a problem. He said he went back there to look again and there are signs that say no parking. They are clearly being ignored. He asked that this be passed on to PLANNING BOARD MEETING MINUTES NOVEMBER 20, 2001, Page 26 whomever needs would deal with this situation. The street narrows to barely one lane when school lets out. The school district needs to cooperate and talk to the appropriate people. Mr. Ruge said there is a church on Michigan Avenue (2200-2300 block), that bought the Midas Muffler Shop. They have repaved part of the parking lot and is wondering if they submitted a site plan review for buffering. Ms. Stachowiak said they had another complaint from the gentleman that lives right behind them. His back yard is common with their back yard. They have passed that on to Code Compliance because we tried to contact the church and no one returned the phone calls. She will check with Code Compliance on the status. 12. ADJOURNMENT was at 10:07 p.m. Respectfully submitted James A. Ruff, Secretary, Planning Board =091801 APPROVED as written November 6,2001 Draft to Clerk November 1,2001 Approved November 6,2001 To Clerk November 19,2001 Minutes of the Regular Meeting LANSING PLANNING BOARD 7 p.m., City Council Chambers Tenth Floor, Lansing City Hall 124 West Michigan Avenue Tuesday, October 16, 2001 1. OPENING SESSION: The meeting was called to order at 7:05 p.m. by Chairman Frederick. A. Roll Call. Present: Frederick, Foster, Patrick, Smith, Keene, Ruge, Cordill. Seven members present; one vacant seat. Jim introduced and welcomed the new Board Member, Holly Cordill. B. Absences - None C. Introductions. Jim Ruff, Planning Manager introduced Susan Stachowiak, Zoning Administrator. 2. APPROVAL OF AGENDA. Mr. Ruff said that the Zoning and Ordinance Committee will need to meet during the recess to refer SLU-5-01 to the Committee of the Whole. Secondly, the presentation regarding the Regional Growth Study given by Tri-County Regional Planning Commission as well as HNTB will be moved to the New Business Section. It was moved by Ms. Keene, supported by Mr. Ruge to approve the agenda, with corrections. On a Voice Vote, motion carried unanimously (7-0). 3. COMMUNICATIONS - none 4. HEARINGS - none 5. COMMENTS FROM THE AUDIENCE (5 minutes each) - DAVID G. COLEMAN, ATTORNEY FOR CLARK CONSTRUCTION COMPANY. Mr. Coleman spoke regarding Z-11-01 and said that he would like to emphasize to the members of the Board that they are planning to relocate their office from Lansing Township to this new site in the City of Lansing. It will be an owner occupied professional office. He thinks that they have spent a significant amount of time with staff in trying to address the concerns of various members in terms of developing a site that will be both aesthetically pleasing and also make the zoning for the whole site consistent with what they feel is an excellent use for this property. Mr. Coleman said that he is available to answer any questions and would like the board to accept Clark Construction Company's request. PLANNING BOARD MINUTES October 16, 2001, Pa e 2 g, RECESS - inance Committee met to refer SLU-5-01 to the Committee The Zoning & Ord of the Whole. e (Ruge, Frederick and Smith) to order at 7:09pm. Mr. Ruge called the Committe Mr. Frederick moved; seconded by Mr. Smith to remove SLU-5-01, 1819 W- Willow Street, church in an "H" Light Industrial District, from the table. On a Voice Vote, the motion carried (3-0). Mr. Frederick moved; seconded by Mr. Smith tor the o$the hollow Street, church in an "H" Light Industrial District tohe Committee On a Voice Vote, the motion carried (3-0). Adjourned at 7:10pm. 7. BUSINESS royal: October 2, 2001 A. Minutes for App supported by Ms. Keene, to approve the minutes of Moved by Ms. Foster, October 2, 2001 as written. On a Voice Vote, motion carried, the Minutes of October 2, 2 APPROVED. B. Committee Reports 1. zmmg and Ordinance Committee - Mr. Ruge, Chair a. Election of Oific John Ruge, Chair Sissi Bruch-Foster, Vice Chair b. Z-8-01, Willoughby Road, "A" Residential to "DM-1" Residential, D-1 Professional Office and "C" Residential This case was tabled in Committee. C. Z-14-01, 1210 W. Saginaw Street, "J" Parking to "D-1" Professional Office The applicant is requesting a rezoning of the northeast 110' x 50' portion of the property at 1210 W. Saginaw Street from "J" Parking to "D-1" Professionaloffice loninDg is required to subject property faces W. Oakland. The construct a grief counseling office for Ele's Place. The current "J" Parking zoning does not permit the proposed use. PLANNING BOARD MINUTES October 16, 2001, Page 3 The proposed land use is compatible with the surrounding area. It is also compatible with the Master Plan which designates the future land use of the property for community facilities. However the "DM-4" Residential District is a less intensive zoning district than "D-1" Professional office and it would be consistent with the existing zoning to the south of the property. No impact is anticipated on vehicular and pedestrian traffic patterns. No environmental impact is anticipated. No impact is anticipated on future patterns of development in this area. Staff recommended denial of the change to "D-1" Professional Office and recommended a rezoning to "DM-4" Residential to permit a community facility. The applicants, represented by Mr. Peckham, agreed with the staff recommendation and said that the application should have been to request the "DM-4" zoning. Mr. Peckham submitted a letter to this affect. In Committee it was moved, seconded and carried unanimously (3-0) to recommend denial of the rezoning to "D-1" Professional Office and to recommend approval of rezoning the property to "DM-4" Residential. PLANNING BOARD ACTION was as follows: Mr. Ruge made a motion, seconded by Mr. Smith to deny Z-14-01, 1210 W. Saginaw Street, rezoning to "D-1" Professional Office and to recommend approval of rezoning the property to "DM-4" Residential. Frederick . . . . . . . . . . . . . . . . . . . . Ave Foster. . . Aye Patrick. . .Ave Smith . . . . . . . . . . . . . . . . . . . . . . . Ave Keene . .Aye Ruge . .Aye Cordill . . . . . . . . . . . . . . . . . . . ..... Abstained On a Roll call vote, there were: Ayes: 6; Abstained: 1; Nays: 0; carried; APPROVED. PLANNING BOARD MINUTES October 16, 2001, Page 4 d. Z-11-01, 3535 W. Mt. Hope, "F" Commercial, "J" Parking & "A" Residential to "D-1" Professional Office This is a request by Clark Construction Company to rezone the overall property at 3535 W. Mt. Hope to "D-1" Professional Office District to allow for an office use in the existing building and to allow the construction of a new 39,000 sq. ft. office building further south on the site. The site plan review process would review the proposal for any additional landscaping required, particularly adjacent to existing residential development and any changes necessary for adequate ingress and egress for this development. The staff recommended that the request to rezone the property be approved. The applicant provided them with a drawing showing the proposed buffering around the site. Along the east side of the site they are proposing a 15' wide buffer, towards the south it becomes a 20' buffer, and the northern section is 15'. Around the rest of the site it was a 20' buffer. They based their discussion and voting on the representation that Clark Construction would be providing the landscape buffer strips. In Committee, it was moved, seconded and carried (2-1) to approve Z-11-2001, 3535 W. Mt. Hope, "F" Commercial, "J" Parking & "A" Residential to "D-1" Professional Office. PLANNING BOARD ACTION was as follows: Mr. Ruff said they passed around some information this evening about traffic volumes. The Transportation Office provided Ms. Wynant with the information regarding North River Drive at Mt. Hope as well as Waverly at Mt. Hope and part of a map that was downloaded from a MDOT map which shows other trips on state trunk lines at last count. Martin Luther King, 496 and 1-96 are shown. Also added are the trips per day in the areas requested and a finding that the locations were at the B Service level, on a scale from A-F with A having the shortest waiting time and F being the worst. These locations were at a B Service level. Ms. Foster asked if Clark Construction would have their construction related vehicles at their site? PLANNING BOARD MINUTES October 16, 2001, Page 5 Mr. Ruff said it was testified at the hearing or at a subsequent meeting that these would strictly be professional offices and would not be for construction trailer storage. They will continue to maintain construction services out of a different facility. Mr. Ruge said he was very pleased to see that they are willing to put in a large buffer, which he thought was essential for an office use and parking lots in a residential area. He is still not comfortable enough to vote in favor of this request because he does not think that this large of a complex should be in a residential area. They are proposing to add 200% more square feet of office area than is currently on the property. The question he has is in the "F" Commercial, can they have an office? Mr. Ruff said yes. Mr. Ruge continued that they could use the current building for an office without any zoning change. Mr. Ruff said correct. Ms. Foster said in the landscape buffering concept plan, they do show that they are saving a couple of trees, but with the plan that shows the development, it is hard to see how these trees are to be saved. There is a 14" Oak and the Sugar Maple. Did they discuss whether those will be saved or will they be removed? Mr. Ruff said it is his understanding that the plan that shows which trees that will be saved is also a preservation plan. The first design that they brought to the staff with the proposed office building on the site was intended to determined what was the maximum square footage of an office building that they could put on that site, with parking. A lot of times the Planning Board has questions if it is speculative in nature. Their offices are moving to this location to the front building with the option of potentially adding some offices to the rear. They wanted to show the Board what the maximum building envelope would be with buffering and site development. This is to give the Board an idea even though they do not have a specific plan for new development. Subsequent to the hearing, they provided these other maps to show what landscaping they would intend to preserve. There are some dead elms on site and a cottonwood on the site. They inventoried the existing site and showed which trees they would incorporate into their plan. The plan that shows the 39,000 sq. ft. of office area was done prior to the preservation plan. Their intention, as presented to staff, was to preserve the trees on that plan and then adjust any construction around the trees. The arrangement of the drawing with the building on it was simply to maximize the potential for the site. They could move the building back and have the parking up front, they can move the building up front and have all the parking in the back. There are options for the development and the subsequent plan was to show what trees they would save in the development because there is some question as to the quality of some of the trees. General discussion ensued regarding the design and buffering. Ms. Keene said she recalls from the public hearing that a number of neighbors came to voice their concerns. She asked if they came to the Zoning and Ordinance Committee meeting and asked if they had any reaction to the increased buffering? PLANNING BOARD MINUTES October 16, 2001, Page 6 Ms. Stachowiak said no one came to the Zoning and Ordinance Committee and she recalls one person at the Public Hearing. Ms. Foster asked if the building is to be a one story or two story? Mr. Ruff said the proposed building that was shown on the plan was two stories. That 39,000 sq. ft. was for a total of two stories which is about 20,000 sq. ft. per floor. Again, this is just to maximize the number of parking spaces in relation to office space. Ms. Cordill said Ms. Foster seems to be concerned about intensification of the site with the proposed building. Assuming they can get sufficient parking is this something they could do by right or would they need to go through a Special Land Use permit process. Mr. Ruff explained that what they would be doing is rezoning the entire site to "D-1" Professional Office and offices are a permitted use in that district. Mr. Ruge asked what the maximum height was in a "D-1" Professional Office District. Mr. Ruff said in the "D-1" district it is 45'. If they have a pitched roof with a peak, it is measured half way between the ridge and the eave. General discussion ensued regarding the height of the building in a "D-1" Professional Office. Mr. Frederick said one of the other things that was discussed in the Zoning and Ordinance Committee meeting was the potential traffic level. He asked for an interpretation of what the numbers in the report mean and what impact the new development may have on these traffic volumes. Ms. Stachowiak said she does not know if the Traffic Engineer factored in the projected traffic volumes, but basically the level of service is on a scale from A - F with A being the best and since this area is at a Level B it means that the traffic level and service levels are very good. This is an office use, so it is not necessarily a trip generator, like a gas station or fast food restaurant where there is a constant flow of traffic all day long. The Transportation Engineers comments were all positive. They did not express any concern about increase traffic. It appears that there will be more traffic in the area, but it will not be anything that will cause a safety problem. General discussion ensued regarding the traffic flow. Ms. Patrick asked if this were to be rezoned to "D-1", would parking not be allowed on the River Side? PLANNING BOARD MINUTES October 16, 2001, Page 7 Mr. Ruff said basically in this situation, parking is not required to be in the front yard setback which would be at least the first 20 feet. It is the intention of this plan to keep all the parking behind the corner of the building. One exception to that rule is for barrier-free spaces. If they need to accommodate a barrier free space or two in a required front yard, it is allowed. General discussion ensued regarding the parking. Mr. Ruge said that Clark Construction is making it very difficult for him to be opposed to this. Philosophically, he is opposed to putting increase office space in a residential area, but they seem to be doing everything they can to eliminate the problems with the buffering and other issues. He said that he is not sure how he will vote on this case. Mr. Frederick said the thing that convinced him to recommend approval from the Committee was that the present zoning, even though it would be buffer in the rear because of the "A" Residential, the "F" Commercial provides a potential for getting more intense uses than what Clark is proposing. Ms. Foster said that philosophically, she would vote yes to increase the density of the city by having people live near where they work which is something that would reduce all sorts of other problems. If the people who live near the office could work there, then the commute goes away. Mr. Ruge made a motion, seconded by Mr. Smith to approve Z-11-2001, 3535 W. Mt. Hope, "F" Commercial, "J" Parking & "A" Residential to "D-1" Professional Office. Frederick . . . . . . . . . . . . . . . . . . . . Ave Foster. . . Ave Patrick. . .Aye Smith . . . . . . . . . . . . . . . . . . . . . . . Ave Keene . .Ave Ruge . .Aye Cordill . . . . . . . . . . . . . . . . . . . . . . Abstained . . . . . . . . . . . . . . . . . . . . On a Roll call vote, there were: Ayes: 6; Abstained: 1; Nays: 0; carried; APPROVED The next Zoning and Ordinance Committee meeting will be Wednesday, November 14, 2001, at 4:00pm, 316 N. Capitol Ave., Department Conference Room. 2. Urban Development Committee - Mr. Smith, Chairman. The next meeting is, Tuesday, October 23, 2001 , at 4 p.m., 316 N. Capitol Ave., Department Conference Room. PLANNING BOARD MINUTES October 16, 2001, Page 8 Ms. Keene made a motion; supported by Ms. Patrick to dissolve into the Committee of the Whole. On a Voice Vote, the motion carried (6-0). 3a. Committee of the Whole - Mr. Smith, Chairman a. SLU-5-01, 1819 W. Willow St., Church in an "H" Light Industrial District Ms. Stachowiak presented the case. This is a request for a Special Land Use permit for Grace Tabernacle Church to be located in the existing building at 1819 W. Willow Street. It is for a one story, 12,440 sq. ft. church. The property is zoned "H" Light Industrial District and church's are a use permitted in that district subject to approval of a Special Land Use. At the Zoning and Ordinance Committee meeting, staff recommended that the request be approved subject to five conditions: 1. The right-of-way under existing City trees is to remain undisturbed. 2. The building meet all current fire codes for the intended occupancy, State Building Code for an assembly use, and site plan review process. 3. The site plan is required to be reviewed by all necessary agencies through the administrative site plan review process and must be in compliance with the Zoning Code. 4. The occupancy of the church be determined by the number of approved parking spaces. 5. Approval of a landscape, screening and buffering plan that demonstrates compliance with the requirements of the Zoning Code. The staff recommendation has not changed. The Board tabled this request pending some additional information on the parking agreement between the proposed church and Alro Steel which is located directly across from the proposed church on W. Willow Street. There was a lot of discussion about the parking situation at the meeting. Basically, the proposed site plan shows a certain number of parking spaces, four of which they know for sure are totally PLANNING BOARD MINUTES October 16, 2001, Page 9 unworkable because they would obstruct the ROW. The church currently has 60 members, but they do not want to have a cap placed on them as to how many people could attend their church. They would like to have new members and they have gone back to Alro Steel and obtained a more specific agreement which spells out exactly how many parking spaces that they would be able to use and what times they are available. Staff feels that they will have more than enough parking than what they will need for this site. The standard is one parking space for each 3 seats in the main worship area and therefore, just based on the parking that they can get from Alro Steel they would be able to have 150 members. That does not even include the parking that will be allowed on site which will be around 30 spaces. The Committee also made it clear that they would like to see additional landscaping around the perimeter of the site. The proposed landscape standards are in the initial stages of being adopted and once they are, the minimum landscape buffer will be eight feet rather than five feet. Ms. Stachowiak said that staff is recommending that SLU-5- 01 be approved with the same five conditions as before, one of which is that the seating in the main worship area be determined by the amount of allowable parking spaces, which will needed to be determined in the site plan review process, and also that they provide a revised plan that shows landscaping around the site. Mr. Ruff said when they looked at the site plan, one of the things that was suggested was eliminating a curb cut on Cawood so that there would be a larger landscape area in the corner and they would be able to change the parking layout to increase the buffer area. This will help by removing some of the asphalt on the site, removing parking in the ROW area and to provide some landscaping along Willow. Ms. Foster asked if it is possible to get some trees instead of just shrubs along the south side of the site by the fence. Ms. Patrick said in the last Board meeting, one of the Board members asked about the closeness of Deluca's to this site. The notes seemed to indicate that Ms. Stachowiak would check into this. PLANNING BOARD MINUTES October 16, 2001, Page 10 Ms. Stachowiak said it is more than 500 feet. It is around 525 feet. Mr. Frederick said he also looked at the Michigan Statute that prohibits bars from moving any closer than 500 feet to a church and found that, at least by statute, there is no prohibition in the reverse. Committee Action was as follows: Mr. Ruge said he is just a little bit concerned about the screening and buffering and the part of number 5 that says ". . .that demonstrates compliance with the requirements of the Zoning Code". He said that he would like to be a little more specific and suggested the following: 1. The south wall of the church is made of concrete block and is right in the neighbors side yard. He does not think that there is too much that can be done to this, except for maybe asking them to put some vines or ivy on it to soften the affect it has on the neighbor. 2. Put three trees in the parking lot's south buffer strip. 3. Include bushes in the north ROW and grass or bushes in the front of the building where the asphalt is to be taken. 4. The Cawood Street curb cut be eliminated and replaced with added green space. These were accepted as friendly amendments. Mr. Ruff asked if they could plant a tall perennial evergreen versus using vines, if that happens to be their preference. He said that it could state vines or similar plant materials to screen the wall. Ms. Foster said she would think that the vine would cover a larger area of the concrete versus of the evergreen that would cover a little space. She said maybe vines or something that will cover a large portion of the concrete wall. General discussion ensued regarding the plantings to cover the south wall of the church. PLANNING BOARD MINUTES October 16, 2001, Page 11 Mr. Ruge said he does not care what is used, but he would like at least 50% of the wall covered. He thinks that the vines are the most maintenance free thing to do. Ms. Cordill asked if they are concerned about the impact it has on the street because twenty feet is very tall. She asked if saying 50% could be interpreted to just cover the top half of the wall. Mr. Ruge said that this wall is perpendicular to the street so the screening is more for the houses to the south. General discussion ensued regarding 50% coverage of the wall. Mr. Frederick said he would like to say that he is glad that they tightened up the parking agreement. The one they saw at the Zoning and Ordinance Committee was pretty loose and this one is much tighter. It has a start date and end date, it lists approximate number of parking spaces and there is an exchange of money. So, they are at least comfortable for at least 10 years and the church stated that they intend to grow and get larger than they can handle in this building at which time they intend to move out. Ms. Keene made a motion; seconded by Mr. Frederick to recommend approval of SLU-5-01, 1819 W. Willow Street, Church in an "H" Light Industrial District, with the five (5) conditions listed above including the landscaping specifics. On a Voice Vote, the motion was approved (6-0). Ms. Keene made a motion; seconded by Mr. Frederick to arise from the Committee of the Whole. One a Voice Vote, the motion carried (6-0). 3b. Committee of the Whole, Mr. Smith, Chairman. a. SLU-5-01, 1819 W. Willow Street, Church in an "H" Light Industrial District The Committee of the Whole recommended approval with the five conditions recommended by staff in the report and the additional conditions as stated this evening. PLANNING BOARD MINUTES October 16, 2001, Page 12 PLANNING BOARD ACTION was as follows: Mr. Ruge said he would ask Mr. Ruff to recite the landscape and buffering conditions so he can hear them again. Mr. Ruff said the conditions are as follows: 1. The right-of-way tnder existing City trees is to remain undisturbed. 2. The building mee all current fie codes for the intended occupancy, State Building Code for an assembly use, and site plan review process. 3. The site plan is required to be reviewed by all necessary agencies through the administrative site plan review process and must be in compliance with the Zoning Code. 4. The occupancy of the church be determined by the number of approved parking spaces (as provided in the code). 5. Approval of a landscape, screening and buffering plan that demonstrates compliance with the requirements of the Zoning Code, including: a. The South wall of the church that is 20' concrete block have vines or similar plant material placed there to soften or cover 50% of the wall; b. That the south line of the parking lot (Cawood St.), at least 3 trees be added; C. That shrubs be placed in the north area of the site along the ROW; d. That grass and/or shrubs be added to the north side of the building when the asphalt is removed, in relation to the parking circulation plan being approved; and e. The Cawood Street curb cut be eliminated and replaced with additional green space. Mr. Ruge said it was his impression at the Committee meeting that the buffer on the south side of the parking lot was going to be 8' wide. Mr. Ruff said that potential exists, depends wn the motion takes as well.action on the ordinance amendment, but that can be specified General discussion ensued regarding the screening and buffering. Mr. Smith made a motion, seconded by Ms. Keene to approve SLU-5-01, 1819 W. Willow Street, Church in an "H" Light Industrial District with conditions. . Ave Foster . Ave Frederick .A a Smith • Ave Patrick v .Ave Keene .Ave Ruge Cordill . .Abstained PLANNING BOARD MINUTES October 16, 2001, Page 13 On a Roll call vote, there were: Ayes: 6; Abstained: 1; Nays: 0; carried; APPROVED w/ CONDITIONS. 4. Executive Committee - none C. Report from Planning Manager - Mr. Ruff said appointments are being made. Ms. Cordill is with the Planning Board. There was another appointment made on Monday night for the Historic District Commission. There was a recommendation regarding a Board of Zoning Appeals member. They also have another name for someone for the Board of Zoning Appeals. Council committee on Planning and Development is entertaining the removal of some of the land uses from special conditions in the zoning ordinance and requiring them as Special Land Use for greater control. Right now they are going to meet on that issue in about a month and it would come back to the Planning Board for comment and for hearing. He is putting together a basic list of all the land uses within each district, broken down by uses permitted by right, special conditions and uses permitted by special land use. Once that is completed, he will get it to the Board. The web site work is progressing. The Zoning Code will be on the site very soon as well as all zoning applications. He is hoping to have the applications, fees, structures, zoning ordinance, etc. on the Internet for people to access. They will be progressing along and making changes so they can have all the zoning information, such as basic property zoning as well as board information on the web site One of the questions he has for the Board is they will have a Planning Board page that will have the agenda's, minutes, etc. It may also have notes regarding the need for membership and he was wondering what type of information the Planning Board might like to have on it to introduce the Internet public to them. He asked if the Board want their names on the page or other information. Mr. Ruff said that possibly at the annual meeting they can discuss this and talk about the events of the year. The Urban Development Committee will be receiving an update as to where the staff is headed in the master plan process and they will be giving their feedback to the staff. They would like, by the first of the year, be able to start getting into more of the establishment of steering committees to formalize the process. PLANNING BOARD MINUTES October 16, 2001, Page 14 They Planning Office has submitted for the secretarial position to be staffed and he has not heard back as to the timing. This staff member is the one that primarily serves this Board from a minutes standpoint. On the senior planner position, he is expecting to receive the names of the qualified applicants so that he can begin the interview process shortly. Mr. Smith asked if the Master Plan will be put on the Web Site? Mr. Ruff said yes, they will try to set up a procedure on how to take information that is generated from their office or through their office to make sure that it is converted to the Internet. Right now, with the Zoning Ordinance included they are up to about 300 pages of web text, so it is considerable and that is just getting the zoning ordinance as well as the related pages on the web site. He said that it will be a real benefit for the staff time as well as the members in the community. D. Pending Items: Future action required 1. Zoning and Ordinance Committee a. Z-1-98, 1223 N.Turner St.,"H"Light Industrial District to"G-1"Business District (Tabled February 11, 1998) b. Z-5-98,401-407 E. Grand River,"F"Commercial District to"G-1"Business District(Tabled June 10, 1998) C. Z-8-2000, 3901 S. Martin Luther King Jr. Blvd., "F"Commercial to"H"Light Industrial District(Tabled June 14,2000) d. Z-15-2000,301 W. Lenawee Street, Professional Office to"G-1" Business District(Tabled January 17,2001) e. P-1-2001,Tentative Preliminary Plat,Wexford Woods (Tabled June 13, May 9, 2001) f. PRD-2-01,"Crystal Woods", Planned Residential Neighborhood(Tabled August 15,2001) g. SLU-3-01,Cavanaugh west of Aurelius (Tabled August 15,2001) 2. Urban Development Committee a. Act-9-2000,201 E. Grand River Avenue, Proj. Sign Over ROW (Tabled June 27, 2000) C. Discussion of Comprehensive Planning Process. 3. Committee of the Whole 4. Planning Board a. Act-12-01,5550 S. Pennsylvania-Market Fire Station for Salem(tabled July 3, 2001) b. Act-13-01,4801 S.Cedar Street,Acquire for Fire Station (tabled July 3,2001). 8. NEW BUSINESS - 1. Presentation by Tri-County Regional Planning Commission regarding its Regional Growth: Choices for Our Future project. Mr. Ruff introduced Jon Coleman, Director of Tri-County Regional Planning Commission and Leslie Kerrin from HNTB, consultant working with Tri-County on their Regional Growth Study. A number of communities have been involved in this along with HNTB as well as Tri- County and they will be giving an update on where the process is at. PLANNING BOARD MINUTES October 16, 2001, Page 15 Mr. Coleman presented the Regional Growth Study project. He gave some history about the project, a summary of where they are now, some objectives for the Regional Growth project and what they will be doing in the future. Ms. Kerrin presented some trends, population data, and housing needs and changes. Ms. Kerrin also let everyone know that there is a Town Forum on December 3, 4, 5 and 6. The 6th is in Lansing at the Lansing Center. Mr. Coleman said there is also a leadership briefing on November 8, 2001, at the Delta Township Hall. Mr. Smith said they were talking about the number of farmers decreasing and the loss of agricultural land and he was wondering if, in parallel to that, have they looked at agricultural productions and profits. Is agricultural production up and are profits up even in spite of the loss of the agricultural lands? What are the characteristics of the farmers that are put off their land, in other words, are they mostly small farmers? Mr. Coleman said one of the things they noticed from the agricultural census is that the farms that are being kept are the larger ones. Even though they are losing some agricultural land, the value of the crops and the money for agricultural products seems to be holding up pretty good. The thing that they are concerned about and the farming community is concerned about is that the people that own those farms are generally getting older. There are not too many corporate farms. There are some large family farms and the heads of the household are well over 50 years of age and not too many of the kids are willing to stay on the farm and continue that type of work. What is happening is a lot of those farms are becoming available on the market and that is why it is pretty easy to find land out in the rural area at a fairly reasonable price. There really is not a decline in the production or the money yet, but if the trend continues, in 50 to 75 years, farming as a major production industry will decline. Ms. Kerrin added that a 140 acre farm is the minimum now that will support a family of 4, but only $20,000 per year in income. Mr. Smith said they are looking primarily at the Tri-County area, but are they also comparing these statistics state wide? In other words, this may be happening to farmers in the Tri-County area, but how about agriculture state wide and will it be able to support the Tri-County area if those trends continue? PLANNING BOARD MINUTES October 16, 2001, Page 16 Mr. Coleman said some of this has been done and there was a study years back which looked at this aspect on a state wide basis. He said that it is very important to compare what they are doing here to other parts of the state, but the key is that agriculture is a huge part of their economy locally. It is important to their local character and region to maintain this if possible. Mr. Ruff said proximity is an important issue. The more proximate it is to the population mass, the less cost for transportation, just as they see with the industrial side of things. The manufacturer is not necessarily manufacturing everything from A to Z of a vehicle. Not only from a manufacturers standpoint, but also from an agricultural standpoint it is good to have a supply for basic food needs. General discussion ensued regarding the character of the region. Ms. Foster asked if they are looking into the policies that are currently supporting the trends that they are seeing? Mr. Coleman said yes and some of the analysis that they are doing is looking at the governmental structures, the agencies and in many cases the zoning itself, particularly in the outlying more rural portions of the region. The zoning ordinances are encouraging, in many cases, the development patterns that they are seeing. They are identifying these issues and making recommendations back to local governments so they can deal with these issues. Ms. Kerrin said they are also looking at Inter Government cooperation within those communities. Development and planning issues don't just stop at the boundaries. It is important that an outcome of this project is that they find ways to cooperate regionally to address some land use issues. General discussion ensued regarding land use issues. Ms. Patrick said over the weekend she had a chance to see a short program with the Mayor of Grand Rapids about what they have accomplished regionally in terms of identifying policies that provide incentives to develop closer into the urban areas by restricting extending major infrastructure in order to provide real incentives to prevent the kind of sprawl that they see in southeast Michigan. Are these the types of alternatives that this planning process is going to look at and suggest? Mr. Coleman said yes. On the schedule there is a list of committees and task forces that are developed and there are a couple that are dealing PLANNING BOARD MINUTES October 16, 2001, Page 17 with just those kinds of issues. One is dealing with all the related planning laws including economic development activities, but there is also another committee that will be looking at governmental structures and incentives including service area boundaries but also policies concerning the provision of services from center cities out to the rural areas. The Grand Rapids area has had for some time, policies in place that they have been trying to pursue in terms of agreements between the center city and the adjoining units of government, particularly for the provision of water service in the region. In this region, because they have few limitations to septic systems and it is easy to put a well in, restricting services is not necessarily the only way to control these things because either the developer or the community can get around that in some fashion, but they are looking at those issues. 9. COMMENTS FROM CHAIRPERSON - none. 10. COMMENTS FROM BOARD MEMBERS Mr. Ruge said he noticed a new used car lot or sign on Kalamazoo Street. They have not come to the Board and wondered if they previously had something. It is at the northeast corner of Larch and Kalamazoo, right next to the Quick Oil Change. Mr. Ruff said they have a space that they added to the site and it is zoned industrial so the opportunity for vehicle sales has been there and they formalized that probably two years ago and they have paved and landscaped an area. They sell 5 or 6 cars and that was the limit of what they are able to do. If there is a sign they must have gone through the sign permit process and Ms. Stachowiak can check on that. General discussion ensued regarding this property. Mr. Ruge asked which committee Ms. Cordill was being assigned to. He does not know if they want any input on that, but the Zoning and Ordinance Committee could use someone and Mr. Smith could take the time off or go back to his committee. Mr. Frederick said that was a good suggestion. He intended to ask Ms. Cordill after the meeting where she would prefer to be assigned, but in light of this comment she might rethink any preferences she may have had. Mr. Ruge said there is a drip on the ceiling and he has been getting rained on all night. PLANNING BOARD MINUTES October 16, 2001, Page 18 Ms. Patrick said she has heard this mentioned a couple times in the last month but she would like to have the 8' buffering issue explained and where it will be applied, how soon and what impact it will have on existing properties. Mr. Ruff said the committee will be meeting this Thursday. They wanted to make sure they invited a member of the public that commented at the hearing. That will be discussed at 10:00am on Thursday. They also have a few land use items on the agenda, one of them being 4720 S. Cedar, the Baryames property as well as another zoning case (Z-6-01) plus the two ordinance amendments. The 8 foot zoning code amendment came from council in that they did not believe that 5' was sufficient especially for the major arterioles where the development is occurring so they wanted to provide additional space for additional plant materials and move asphalt further away from the ROW. It will only affect properties that are being developed or redeveloped. It will not affect properties that exist unless they come in with a development plan or redevelopment plan that would significantly alter their site or add to it. If they add to the site where they would be increasing, let say there is a motor vehicle sales location or retail location that was being developed or they want to expand north or south of the existing site along the street then that new portion would have to adhere to the ordinance unless it was previously developed and they were just occupying the space. Mr. Ruge asked about the billboards on Elm Street and E. Kalamazoo. Mr. Ruff said that Adams Outdoor is applying for variances to permit the continued existence of the billboards. He said that the BZA will take up this matter at its November meeting. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS - Mr. Frederick said he has one thing to add about the used car storage area on Jolly. He received a report that not only did the code compliance officer arrive, but so did the police. There is action being taken, but there still seems to be cars on the property. 12. ADJOURNMENT was at 9:20 p.m. Respe sub it James A. Ru Secretary, Planning Board mn091801 Draft to Clerk November 1,2001 Approved 2001 To Clerk 2001 Minutes of the Regular Meeting LANSING PLANNING BOARD 7 p.m., City Council Chambers Tenth Floor, Lansing City Hall 124 West Michigan Avenue Tuesday, October 16, 2001 1. OPENING SESSION: The meeting was called to order at 7:05 p.m. by Chairman Frederick. A. Roll Call. Present: Frederick, Foster, Patrick, Smith, Keene, Ruge, Cordill. Seven members present; one vacant seat. Jim introduced and welcomed the new Board Member, Holly Cordill. B. Absences - None C. Introductions. Jim Ruff, Planning Manager introduced Susan Stachowiak, Zoning Administrator. 2. APPROVAL OF AGENDA. Mr. Ruff said that the Zoning and Ordinance Committee will need to meet during the recess to refer SLU-5-01 to the Committee of the Whole. Secondly, the presentation regarding the Regional Growth Study given by Tri-County Regional Planning Commission as well as HNTB will be moved to the New Business Section. It was moved by Ms. Keene, supported by Mr. Ruge to approve the agenda, with corrections. On a Voice Vote, motion carried unanimously (7-0). 3. COMMUNICATIONS - none 4. HEARINGS - none 5. COMMENTS FROM THE AUDIENCE (5 minutes each) - DAVID G. COLEMAN, ATTORNEY FOR CLARK CONSTRUCTION COMPANY. Mr. Coleman spoke regarding Z-11-01 and said that he would like to emphasize to the members of the Board that they are planning to relocate their office from Lansing Township to this new site in the City of Lansing. It will be an owner occupied professional office. He thinks that they have spent a significant amount of time with staff in trying to address the concerns of various members in terms of developing a site that will be both aesthetically pleasing and also make the zoning for the whole site consistent with what they feel is an excellent use for this property. Mr. Coleman said that he is available to answer any questions and would like the board to accept Clark Construction Company's request. PLANNING BOARD MINUTES October 16, 2001, Page 2 6. RECESS - The Zoning & Ordinance Committee met to refer SLU-5-01 to the Committee of the Whole. Mr. Ruge called the Committee (Ruge, Frederick and Smith) to order at 7:09pm. Mr. Frederick moved; seconded by Mr. Smith to remove SLU-5-01, 1819 W. Willow Street, church in an "H" Light Industrial District, from the table. On a Voice Vote, the motion carried (3-0). Mr. Frederick moved; seconded by Mr. Smith to refer SLU-5-01, 1819 W. Willow Street, church in an "H" Light Industrial District to the Committee of the Whole. On a Voice Vote, the motion carried (3-0). Adjourned at 7:10pm. 7. BUSINESS A. Minutes for Approval: October 2, 2001 Moved by Ms. Foster, supported by Ms. Keene, to approve the minutes of October 2, 2001 as written. On a Voice Vote, motion carried, the Minutes of October 2, 2001 were APPROVED. B. Committee Reports 1. Zoning and Ordinance Committee - Mr. Ruge, Chair a. Election of Officers John Ruge, Chair Sissi Bruch-Foster, Vice Chair b. Z-8-01, Willoughby Road, "A" Residential to "DM-1" Residential, "D-1" Professional Office and "C" Residential This case was tabled in Committee. C. Z-14-011 1210 W. Saginaw Street, "J" Parking to "D-1" Professional Office The applicant is requesting a rezoning of the northeast 110' x 50' portion of the property at 1210 W. Saginaw Street from "J" Parking to "D-1" Professional Office District. The subject property faces W. Oakland. The rezoning is required to construct a grief counseling office for Ele's Place. The current "J" Parking zoning does not permit the proposed use. PLANNING BOARD MINUTES October 16, 2001, Page 3 The proposed land use is compatible with the surrounding area. It is also compatible with the Master Plan which designates the future land use of the property for community facilities. However the "DM-4" Residential District is a less intensive zoning district than "D-1" Professional office and it would be consistent with the existing zoning to the south of the property. No impact is anticipated on vehicular and pedestrian traffic patterns. No environmental impact is anticipated. No impact is anticipated on future patterns of development in this area. Staff recommended denial of the change to "D-1" Professional Office and recommended a rezoning to "DM-4" Residential to permit a community facility. The applicants, represented by Mr. Peckham, agreed with the staff recommendation and said that the application should have been to request the "DM-4" zoning. Mr. Peckham submitted a letter to this affect. In Committee it was moved, seconded and carried unanimously (3-0) to recommend denial of the rezoning to "D-1" Professional Office and to recommend approval of rezoning the property to "DM-4" Residential. PLANNING BOARD ACTION was as follows: Mr. Ruge made a motion, seconded by Mr. Smith to deny Z-14-01, 1210 W. Saginaw Street, rezoning to "D-1" Professional Office and to recommend approval of rezoning the property to "DM-4" Residential. Frederick . Ave Foster. . Ave Patrick. . .Aye Smith . Aye Keene Ave Ruge . Aye Cordill . . Abstained On a Roll call vote, there were: Ayes: 6; Abstained: 1; Nays: 0; carried; APPROVED. PLANNING BOARD MINUTES October 16, 2001, Page 4 d. Z-11-01, 3535 W. Mt. Hope, "F" Commercial, "J" Parking & "A" Residential to "D-1" Professional Office This is a request by Clark Construction Company to rezone the overall property at 3535 W. Mt. Hope to "D-1" Professional Office District to allow for an office use in the existing building and to allow the construction of a new 39,000 sq. ft. office building further south on the site. The site plan review process would review the proposal for any additional landscaping required, particularly adjacent to existing residential development and any changes necessary for adequate ingress and egress for this development. The staff recommended that the request to rezone the property be approved. The applicant provided them with a drawing showing the proposed buffering around the site. Along the east side of the site they are proposing a 15' wide buffer, towards the south it becomes a 20' buffer, and the northern section is 15'. Around the rest of the site it was a 20' buffer. They based their discussion and voting on the representation that Clark Construction would be providing the landscape buffer strips. In Committee, it was moved, seconded and carried (2-1) to approve Z-11-2001, 3535 W. Mt. Hope, "F" Commercial, "J" Parking & "A" Residential to "D-1" Professional Office. PLANNING BOARD ACTION was as follows: Mr. Ruff said they passed around some information this evening about traffic volumes. The Transportation Office provided Ms. Wynant with the information regarding North River Drive at Mt. Hope as well as Waverly at Mt. Hope and part of a map that was downloaded from a MDOT map which shows other trips on state trunk lines at last count. Martin Luther King, 496 and 1-96 are shown. Also added are the trips per day in the areas requested and a finding that the locations were at the B Service level, on a scale from A-F with A having the shortest waiting time and F being the worst. These locations were at a B Service level. Ms. Foster asked if Clark Construction would have their construction related vehicles at their site? PLANNING BOARD MINUTES October 16, 2001, Page 5 Mr. Ruff said it was testified at the hearing or at a subsequent meeting that these would strictly be professional offices and would not be for construction trailer storage. They will continue to maintain construction services out of a different facility. Mr. Ruge said he was very pleased to see that they are willing to put in a large buffer, which he thought was essential for an office use and parking lots in a residential area. He is still not comfortable enough to vote in favor of this request because he does not think that this large of a complex should be in a residential area. They are proposing to add 200% more square feet of office area than is currently on the property. The question he has is in the "F" Commercial, can they have an office? Mr. Ruff said yes. Mr. Ruge continued that they could use the current building for an office without any zoning change. Mr. Ruff said correct. Ms. Foster said in the landscape buffering concept plan, they do show that they are saving a couple of trees, but with the plan that shows the development, it is hard to see how these trees are to be saved. There is a 14" Oak and the Sugar Maple. Did they discuss whether those will be saved or will they be removed? Mr. Ruff said it is his understanding that the plan that shows which trees that will be saved is also a preservation plan. The first design that they brought to the staff with the proposed office building on the site was intended to determined what was the maximum square footage of an office building that they could put on that site, with parking. A lot of times the Planning Board has questions if it is speculative in nature. Their offices are moving to this location to the front building with the option of potentially adding some offices to the rear. They wanted to show the Board what the maximum building envelope would be with buffering and site development. This is to give the Board an idea even though they do not have a specific plan for new development. Subsequent to the hearing, they provided these other maps to show what landscaping they would intend to preserve. There are some dead elms on site and a cottonwood on the site. They inventoried the existing site and showed which trees they would incorporate into their plan. The plan that shows the 39,000 sq. ft. of office area was done prior to the preservation plan. Their intention, as presented to staff, was to preserve the trees on that plan and then adjust any construction around the trees. The arrangement of the drawing with the building on it was simply to maximize the potential for the site. They could move the building back and have the parking up front, they can move the building up front and have all the parking in the back. There are options for the development and the subsequent plan was to show what trees they would save in the development because there is some question as to the quality of some of the trees. General discussion ensued regarding the design and buffering. Ms. Keene said she recalls from the public hearing that a number of neighbors came to voice their concerns. She asked if they came to the Zoning and Ordinance Committee meeting and asked if they had any reaction to the increased buffering? PLANNING BOARD MINUTES October 16, 2001, Page 6 Ms. Stachowiak said no one came to the Zoning and Ordinance Committee and she recalls one person at the Public Hearing. Ms. Foster asked if the building is to be a one story or two story? Mr. Ruff said the proposed building that was shown on the plan was two stories. That 39,000 sq. ft. was for a total of two stories which is about 20,000 sq. ft. per floor. Again, this is just to maximize the number of parking spaces in relation to office space. Ms. Cordill said Ms. Foster seems to be concerned about intensification of the site with the proposed building. Assuming they can get sufficient parking is this something they could do by right or would they need to go through a Special Land Use permit process. Mr. Ruff explained that what they would be doing is rezoning the entire site to "D-1" Professional Office and offices are a permitted use in that district. Mr. Ruge asked what the maximum height was in a "D-1" Professional Office District. Mr. Ruff said in the "D-1" district it is 45'. If they have a pitched roof with a peak, it is measured half way between the ridge and the eave. General discussion ensued regarding the height of the building in a "D-1" Professional Office. Mr. Frederick said one of the other things that was discussed in the Zoning and Ordinance Committee meeting was the potential traffic level. He asked for an interpretation of what the numbers in the report mean and what impact the new development may have on these traffic volumes. Ms. Stachowiak said she does not know if the Traffic Engineer factored in the projected traffic volumes, but basically the level of service is on a scale from A - F with A being the best and since this area is at a Level B it means that the traffic level and service levels are very good. This is an office use, so it is not necessarily a trip generator, like a gas station or fast food restaurant where there is a constant flow of traffic all day long. The Transportation Engineers comments were all positive. They did not express any concern about increase traffic. It appears that there will be more traffic in the area, but it will not be anything that will cause a safety problem. General discussion ensued regarding the traffic flow. Ms. Patrick asked if this were to be rezoned to "D-1", would parking not be allowed on the River Side? PLANNING BOARD MINUTES October 16, 2001, Page 7 Mr. Ruff said basically in this situation, parking is not required to be in the front yard setback which would be at least the first 20 feet. It is the intention of this plan to keep all the parking behind the corner of the building. One exception to that rule is for barrier-free spaces. If they need to accommodate a barrier free space or two in a required front yard, it is allowed. General discussion ensued regarding the parking. Mr. Ruge said that Clark Construction is making it very difficult for him to be opposed to this. Philosophically, he is opposed to putting increase office space in a residential area, but they seem to be doing everything they can to eliminate the problems with the buffering and other issues. He said that he is not sure how he will vote on this case. Mr. Frederick said the thing that convinced him to recommend approval from the Committee was that the present zoning, even though it would be buffer in the rear because of the "A" Residential, the "F" Commercial provides a potential for getting more intense uses than what Clark is proposing. Ms. Foster said that philosophically, she would vote yes to increase the density of the city by having people live near where they work which is something that would reduce all sorts of other problems. If the people who live near the office could work there, then the commute goes away. Mr. Ruge made a motion, seconded by Mr. Smith to approve Z-11-2001, 3535 W. Mt. Hope, "F" Commercial, "J" Parking & "A" Residential to "D-1" Professional Office. Frederick . . . . . . . . . . . . . . . . . . . . Ave Foster. . . Aye Patrick. . .Aye Smith . . . . . . . . . . . . . . . . . . . . . . . Aye Keene . .Aye Ruge . .Aye Cordill . . . . . . . . . . . . . . . . . . . . . . Abstained . . . . . . . . . . . . . . . . . . . . On a Roll call vote, there were: Ayes: 6; Abstained: 1; Nays: 0; carried; APPROVED The next Zoning and Ordinance Committee meeting will be Wednesday, November 14, 2001, at 4:OOpm, 316 N. Capitol Ave., Department Conference Room. 2. Urban Development Committee - Mr. Smith, Chairman. The next meeting is, Tuesday, October 23, 2001, at 4 p.m., 316 N. Capitol Ave., Department Conference Room. PLANNING BOARD MINUTES October 16, 2001, Page 8 Ms. Keene made a motion; supported by Ms. Patrick to dissolve into the Committee of the Whole. On a Voice Vote, the motion carried (6-0). 3a. Committee of the Whole - Mr. Smith, Chairman a. SLU-5-01, 1819 W. Willow St., Church in an "H" Light Industrial District Ms. Stachowiak presented the case. This is a request for a Special Land Use permit for Grace Tabernacle Church to be located in the existing building at 1819 W. Willow Street. It is for a one story, 12,440 sq. ft. church. The property is zoned "H" Light Industrial District and church's are a use permitted in that district subject to approval of a Special Land Use. At the Zoning and Ordinance Committee meeting, staff recommended that the request be approved subject to five conditions: 1. The right-of-way under existing City trees is to remain undisturbed. 2. The building meet all current fire codes for the intended occupancy, State Building Code for an assembly use, and site plan review process. 3. The site plan is required to be reviewed by all necessary agencies through the administrative site plan review process and must be in compliance with the Zoning Code. 4. The occupancy of the church be determined by the number of approved parking spaces. 5. Approval of a landscape, screening and buffering plan that demonstrates compliance with the requirements of the Zoning Code. The staff recommendation has not changed. The Board tabled this request pending some additional information on the parking agreement between the proposed church and Alro Steel which is located directly across from the proposed church on W. Willow Street. There was a lot of discussion about the parking situation at the meeting. Basically, the proposed site plan shows a certain number of parking spaces, four of which they know for sure are totally PLANNING BOARD MINUTES October 16, 2001, Page 9 unworkable because they would obstruct the ROW. The church currently has 60 members, but they do not want to have a cap placed on them as to how many people could attend their church. They would like to have new members and they have gone back to Alro Steel and obtained a more specific agreement which spells out exactly how many parking spaces that they would be able to use and what times they are available. Staff feels that they will have more than enough parking than what they will need for this site. The standard is one parking space for each 3 seats in the main worship area and therefore, just based on the parking that they can get from Alro Steel they would be able to have 150 members. That does not even include the parking that will be allowed on site which will be around 30 spaces. The Committee also made it clear that they would like to see additional landscaping around the perimeter of the site. The proposed landscape standards are in the initial stages of being adopted and once they are, the minimum landscape buffer will be eight feet rather than five feet. Ms. Stachowiak said that staff is recommending that SLU-5- 01 be approved with the same five conditions as before, one of which is that the seating in the main worship area be determined by the amount of allowable parking spaces, which will needed to be determined in the site plan review process, and also that they provide a revised plan that shows landscaping around the site. Mr. Ruff said when they looked at the site plan, one of the things that was suggested was eliminating a curb cut on Cawood so that there would be a larger landscape area in the corner and they would be able to change the parking layout to increase the buffer area. This will help by removing some of the asphalt on the site, removing parking in the ROW area and to provide some landscaping along Willow. Ms. Foster asked if it is possible to get some trees instead of just shrubs along the south side of the site by the fence. Ms. Patrick said in the last Board meeting, one of the Board members asked about the closeness of Deluca's to this site. The notes seemed to indicate that Ms. Stachowiak would check into this. PLANNING BOARD MINUTES October 16, 2001, Page 10 Ms. Stachowiak said it is more than 500 feet. It is around 525 feet. Mr. Frederick said he also looked at the Michigan Statute that prohibits bars from moving any closer than 500 feet to a church and found that, at least by statute, there is no prohibition in the reverse. Committee Action was as follows: Mr. Ruge said he is just a little bit concerned about the screening and buffering and the part of number 5 that says ". . .that demonstrates compliance with the requirements of the Zoning Code". He said that he would like to be a little more specific and suggested the following: 1. The south wall of the church is made of concrete block and is right in the neighbors side yard. He does not think that there is too much that can be done to this, except for maybe asking them to put some vines or ivy on it to soften the affect it has on the neighbor. 2. Put three trees in the parking lot's south buffer strip. 3. Include bushes in the north ROW and grass or bushes in the front of the building where the asphalt is to be taken. 4. The Cawood Street curb cut be eliminated and replaced with added green space. These were accepted as friendly amendments. Mr. Ruff asked if they could plant a tall perennial evergreen versus using vines, if that happens to be their preference. He said that it could state vines or similar plant materials to screen the wall. Ms. Foster said she would think that the vine would cover a larger area of the concrete versus of the evergreen that would cover a little space. She said maybe vines or something that will cover a large portion of the concrete wall. General discussion ensued regarding the plantings to cover the south wall of the church. PLANNING BOARD MINUTES October 16, 2001, Page 11 Mr. Ruge said he does not care what is used, but he would like at least 50% of the wall covered. He thinks that the vines are the most maintenance free thing to do. Ms. Cordill asked if they are concerned about the impact it has on the street because twenty feet is very tall. She asked if saying 50% could be interpreted to just cover the top half of the wall. Mr. Ruge said that this wall is perpendicular to the street so the screening is more for the houses to the south. General discussion ensued regarding 50% coverage of the wall. Mr. Frederick said he would like to say that he is glad that they tightened up the parking agreement. The one they saw at the Zoning and Ordinance Committee was pretty loose and this one is much tighter. It has a start date and end date, it lists approximate number of parking spaces and there is an exchange of money. So, they are at least comfortable for at least 10 years and the church stated that they intend to grow and get larger than they can handle in this building at which time they intend to move out. Ms. Keene made a motion; seconded by Mr. Frederick to recommend approval of SLU-5-01, 1819 W. Willow Street, Church in an "H" Light Industrial District, with the five (5) conditions listed above including the landscaping specifics. On a Voice Vote, the motion was approved (6-0). Ms. Keene made a motion; seconded by Mr. Frederick to arise from the Committee of the Whole. One a Voice Vote, the motion carried (6-0). 3b. Committee of the Whole, Mr. Smith, Chairman. a. SLU-5-01, 1819 W. Willow Street, Church in an "H" Light Industrial District The Committee of the Whole recommended approval with the five conditions recommended by staff in the report and the additional conditions as stated this evening. PLANNING BOARD MINUTES October 16, 2001, Page 12 PLANNING BOARD ACTION was as follows: Mr. Ruge said he would ask Mr. Ruff to recite the landscape and buffering conditions so he can hear them again. Mr. Ruff said the conditions are as follows: 1. The right-of-way under existing City trees is to remain undisturbed. 2. The building meet all current fire codes for the intended occupancy, State Building Code for an assembly use, and site plan review process. 3. The site plan is required to be reviewed by all necessary agencies through the administrative site plan review process and must be in compliance with the Zoning Code. 4. The occupancy of the church be determined by the number of approved parking spaces (as provided in the code). 5. Approval of a landscape, screening and buffering plan that demonstrates compliance with the requirements of the Zoning Code, including: a. The South wall of the church that is 20' concrete block have vines or similar plant material placed there to soften or cover 50% of the wall; b. That the south line of the parking lot (Cawood St.), at least 3 trees be added; C. That shrubs be placed in the north area of the site along the ROW; d. That grass and/or shrubs be added to the north side of the building when the asphalt is removed, in relation to the parking circulation plan being approved; and e. The Cawood Street curb cut be eliminated and replaced with additional green space. Mr. Ruge said it was his impression at the Committee meeting that the buffer on the south side of the parking lot was going to be 8' wide. Mr. Ruff said that potential exists, it depends on when council takes action on the ordinance amendment, but that can be specified in the motion as well. General discussion ensued regarding the screening and buffering. Mr. Smith made a motion, seconded by Ms. Keene to approve SLU-5-01, 1819 W. Willow Street, Church in an "H" Light Industrial District with conditions. Frederick . . . . . . . . . . . . . . . . . . . . Ave Foster. . . Aye Patrick. . .Aye Smith . . Aye Keene . .Ave Ruge . .Aye Cordill . .Abstained . . . . . . . . . . . . . . . . . . . . . PLANNING BOARD MINUTES October 16, 2001, Page 13 On a Roll call vote, there were: Ayes: 6; Abstained: 1; Nays: 0; carried; APPROVED w/CONDITIONS. 4. Executive Committee - none C. Report from Planning Manager - Mr. Ruff said appointments are being made. Ms. Cordill is with the Planning Board. There was another appointment made on Monday night for the Historic District Commission. There was a recommendation regarding a Board of Zoning Appeals member. They also have another name for someone for the Board of Zoning Appeals. Council committee on Planning and Development is entertaining the removal of some of the land uses from special conditions in the zoning ordinance and requiring them as Special Land Use for greater control. Right now they are going to meet on that issue in about a month and it would come back to the Planning Board for comment and for hearing. He is putting together a basic list of all the land uses within each district, broken down by uses permitted by right, special conditions and uses permitted by special land use. Once that is completed, he will get it to the Board. The web site work is progressing. The Zoning Code will be on the site very soon as well as all zoning applications. He is hoping to have the applications, fees, structures, zoning ordinance, etc. on the Internet for people to access. They will be progressing along and making changes so they can have all the zoning information, such as basic property zoning as well as board information on the web site One of the questions he has for the Board is they will have a Planning Board page that will have the agenda's, minutes, etc. It may also have notes regarding the need for membership and he was wondering what type of information the Planning Board might like to have on it to introduce the Internet public to them. He asked if the Board want their names on the page or other information. Mr. Ruff said that possibly at the annual meeting they can discuss this and talk about the events of the year. The Urban Development Committee will be receiving an update as to where the staff is headed in the master plan process and they will be giving their feedback to the staff. They would like, by the first of the year, be able to start getting into more of the establishment of steering committees to formalize the process. PLANNING BOARD MINUTES October 16, 2001, Page 14 They Planning Office has submitted for the secretarial position to be staffed and he has not heard back as to the timing. This staff member is the one that primarily serves this Board from a minutes standpoint. On the senior planner position, he is expecting to receive the names of the qualified applicants so that he can begin the interview process shortly. Mr. Smith asked if the Master Plan will be put on the Web Site? Mr. Ruff said yes, they will try to set up a procedure on how to take information that is generated from their office or through their office to make sure that it is converted to the Internet. Right now, with the Zoning Ordinance included they are up to about 300 pages of web text, so it is considerable and that is just getting the zoning ordinance as well as the related pages on the web site. He said that it will be a real benefit for the staff time as well as the members in the community. D. Pending Items: Future action required 1. Zoning and Ordinance Committee a. Z-1-98, 1223 N.Turner St.,"H"Light Industrial District to"G-1"Business District (Tabled February 11, 1998) b. Z-5-98, 401-407 E. Grand River, "F"Commercial District to"G-1"Business District(Tabled June 10, 1998) C. Z-8-2000, 3901 S. Martin Luther King Jr. Blvd., "F"Commercial to"H"Light Industrial District(Tabled June 14, 2000) d. Z-15-2000, 301 W. Lenawee Street, Professional Office to"G-1" Business District(Tabled January 17,2001) e. P-1-2001,Tentative Preliminary Plat,Wexford Woods (Tabled June 13, May 9, 2001) f. PRD-2-01, "Crystal Woods", Planned Residential Neighborhood (Tabled August 15, 2001) g. SLU-3-01, Cavanaugh west of Aurelius(Tabled August 15,2001) 2. Urban Development Committee a. Act-9-2000,201 E. Grand River Avenue, Proj. Sign Over ROW (Tabled June 27, 2000) C. Discussion of Comprehensive Planning Process. 3. Committee of the Whole 4. Planning Board a. Act-12-01, 5550 S. Pennsylvania- Market Fire Station for Salem (tabled July 3, 2001) b. Act-13-01,4801 S.Cedar Street,Acquire for Fire Station (tabled July 3,2001). 8. NEW BUSINESS - 1. Presentation by Tri-County Regional Planning Commission regarding its Regional Growth: Choices for Our Future project. Mr. Ruff introduced Jon Coleman, Director of Tri-County Regional Planning Commission and Leslie Kerrin from HNTB, consultant working with Tri-County on their Regional Growth Study. A number of communities have been involved in this along with HNTB as well as Tri- County and they will be giving an update on where the process is at. PLANNING BOARD MINUTES October 16, 2001, Page 15 Mr. Coleman presented the Regional Growth Study project. He gave some history about the project, a summary of where they are now, some objectives for the Regional Growth project and what they will be doing in the future. Ms. Kerrin presented some trends, population data, and housing needs and changes. Ms. Kerrin also let everyone know that there is a Town Forum on December 3, 4, 5 and 6. The 61h is in Lansing at the Lansing Center. Mr. Coleman said there is also a leadership briefing on November 8, 2001, at the Delta Township Hall. Mr. Smith said they were talking about the number of farmers decreasing and the loss of agricultural land and he was wondering if, in parallel to that, have they looked at agricultural productions and profits. Is agricultural production up and are profits up even in spite of the loss of the agricultural lands? What are the characteristics of the farmers that are put off their land, in other words, are they mostly small farmers? Mr. Coleman said one of the things they noticed from the agricultural census is that the farms that are being kept are the larger ones. Even though they are losing some agricultural land, the value of the crops and the money for agricultural products seems to be holding up pretty good. The thing that they are concerned about and the farming community is concerned about is that the people that own those farms are generally getting older. There are not too many corporate farms. There are some large family farms and the heads of the household are well over 50 years of age and not too many of the kids are willing to stay on the farm and continue that type of work. What is happening is a lot of those farms are becoming available on the market and that is why it is pretty easy to find land out in the rural area at a fairly reasonable price. There really is not a decline in the production or the money yet, but if the trend continues, in 50 to 75 years, farming as a major production industry will decline. Ms. Kerrin added that a 140 acre farm is the minimum now that will support a family of 4, but only $20,000 per year in income. Mr. Smith said they are looking primarily at the Tri-County area, but are they also comparing these statistics state wide? In other words, this may be happening to farmers in the Tri-County area, but how about agriculture state wide and will it be able to support the Tri-County area if those trends continue? PLANNING BOARD MINUTES October 16, 2001, Page 16 Mr. Coleman said some of this has been done and there was a study years back which looked at this aspect on a state wide basis. He said that it is very important to compare what they are doing here to other parts of the state, but the key is that agriculture is a huge part of their economy locally. It is important to their local character and region to maintain this if possible. Mr. Ruff said proximity is an important issue. The more proximate it is to the population mass, the less cost for transportation, just as they see with the industrial side of things. The manufacturer is not necessarily manufacturing everything from A to Z of a vehicle. Not only from a manufacturers standpoint, but also from an agricultural standpoint it is good to have a supply for basic food needs. General discussion ensued regarding the character of the region. Ms. Foster asked if they are looking into the policies that are currently supporting the trends that they are seeing? Mr. Coleman said yes and some of the analysis that they are doing is looking at the governmental structures, the agencies and in many cases the zoning itself, particularly in the outlying more rural portions of the region. The zoning ordinances are encouraging, in many cases, the development patterns that they are seeing. They are identifying these issues and making recommendations back to local governments so they can deal with these issues. Ms. Kerrin said they are also looking at Inter Government cooperation within those communities. Development and planning issues don't just stop at the boundaries. It is important that an outcome of this project is that they find ways to cooperate regionally to address some land use issues. General discussion ensued regarding land use issues. Ms. Patrick said over the weekend she had a chance to see a short program with the Mayor of Grand Rapids about what they have accomplished regionally in terms of identifying policies that provide incentives to develop closer into the urban areas by restricting extending major infrastructure in order to provide real incentives to prevent the kind of sprawl that they see in southeast Michigan. Are these the types of alternatives that this planning process is going to look at and suggest? Mr. Coleman said yes. On the schedule there is a list of committees and task forces that are developed and there are a couple that are dealing PLANNING BOARD MINUTES October 16, 2001, Page 17 with just those kinds of issues. One is dealing with all the related planning laws including economic development activities, but there is also another committee that will be looking at governmental structures and incentives including service area boundaries but also policies concerning the provision of services from center cities out to the rural areas. The Grand Rapids area has had for some time, policies in place that they have been trying to pursue in terms of agreements between the center city and the adjoining units of government, particularly for the provision of water service in the region. In this region, because they have few limitations to septic systems and it is easy to put a well in, restricting services is not necessarily the only way to control these things because either the developer or the community can get around that in some fashion, but they are looking at those issues. 9. COMMENTS FROM CHAIRPERSON - none. 10. COMMENTS FROM BOARD MEMBERS Mr. Ruge said he noticed a new used car lot or sign on Kalamazoo Street. They have not come to the Board and wondered if they previously had something. It is at the northeast corner of Larch and Kalamazoo, right next to the Quick Oil Change. Mr. Ruff said they have a space that they added to the site and it is zoned industrial so the opportunity for vehicle sales has been there and they formalized that probably two years ago and they have paved and landscaped an area. They sell 5 or 6 cars and that was the limit of what they are able to do. If there is a sign they must have gone through the sign permit process and Ms. Stachowiak can check on that. General discussion ensued regarding this property. Mr. Ruge asked which committee Ms. Cordill was being assigned to. He does not know if they want any input on that, but the Zoning and Ordinance Committee could use someone and Mr. Smith could take the time off or go back to his committee. Mr. Frederick said that was a good suggestion. He intended to ask Ms. Cordill after the meeting where she would prefer to be assigned, but in light of this comment she might rethink any preferences she may have had. Mr. Ruge said there is a drip on the ceiling and he has been getting rained on all night. PLANNING BOARD MINUTES October 16, 2001, Page 18 Ms. Patrick said she has heard this mentioned a couple times in the last month but she would like to have the 8' buffering issue explained and where it will be applied, how soon and what impact it will have on existing properties. Mr. Ruff said the committee will be meeting this Thursday. They wanted to make sure they invited a member of the public that commented at the hearing. That will be discussed at 10:00am on Thursday. They also have a few land use items on the agenda, one of them being 4720 S. Cedar, the Baryames property as well as another zoning case (Z-6-01) plus the two ordinance amendments. The 8 foot zoning code amendment came from council in that they did not believe that 5' was sufficient especially for the major arterioles where the development is occurring so they wanted to provide additional space for additional plant materials and move asphalt further away from the ROW. It will only affect properties that are being developed or redeveloped. It will not affect properties that exist unless they come in with a development plan or redevelopment plan that would significantly alter their site or add to it. If they add to the site where they would be increasing, let say there is a motor vehicle sales location or retail location that was being developed or they want to expand north or south of the existing site along the street then that new portion would have to adhere to the ordinance unless it was previously developed and they were just occupying the space. Mr. Ruge asked about the billboards on Elm Street and E. Kalamazoo. Mr. Ruff said that Adams Outdoor is applying for variances to permit the continued existence of the billboards. He said that the BZA will take up this matter at its November meeting. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS - Mr. Frederick said he has one thing to add about the used car storage area on Jolly. He received a report that not only did the code compliance officer arrive, but so did the police. There is action being taken, but there still seems to be cars on the property. 12. ADJOURNMENT was at 9:20 p.m. Respectfully submitted James A. Ruff, Secretary, Planning Board mn091801 Approved as written 10/16/01 Draft to Clerk October 11,2001 Approved October 16,2001 To Clerk October 25,2001 Minutes of the Regular Meeting LANSING PLANNING BOARD 7 p.m., City Council Chambers Tenth Floor, Lansing City Hall 124 West Michigan Avenue Tuesday, October 2, 2001 1. OPENING SESSION: The meeting was called to order at 7:05 p.m. by Chairman Keene. A. Roll Call. Present: Frederick, Foster, Patrick, Smith, Keene, Ruge. Six members present; two vacant seats. B. Absences - None C. Introductions. Jim Ruff, Planning Manager introduced Susan Stachowiak, Zoning Administrator, Bill Rieske, Principal Planner and John Hodges, Senior Planner. 2. APPROVAL OF AGENDA. Mr. Frederick said there is one addition. The Board needs to discuss Committee assignments during the Business Section. Ms. Keene said that the numbered tabs are not correct. It was moved by Mr. Ruge, supported by Mr. Smith to approve the agenda with corrections. On a Voice Vote, motion carried unanimously (6-0). 3. COMMUNICATIONS - none 4. HEARINGS - a. SLU-5-01, 1819 W. Willow Street, Special Land Use to permit a Church in the "H" Light Industrial District Sue Stachowiak presented the case. This is a request by Mary Swanson on behalf of Rev. Nicholson of Grace Tabernacle Baptist Church regarding a Special Land Use at 1819 W. Willow Street. Currently, this is a vacant building that was formerly used as a meat packing store. It is located in the "H" Light Industrial District. The request is for a special land use permit to convert the existing building into a church. Churches are permitted in the "H" Light Industrial District, with a special land use permit. The surrounding zoning is residential to the south, east and west and "I" Heavy Industrial zoning to the north. The site is existing, there is existing pavement, an existing building and there are no proposed expansions, just some renovations. The parking lot is PLANNING BOARD MEETING MINUTES October 2, 2001, Page 2 existing but they are proposing some site improvements such as landscape, screening and buffering, strengthening the parking area and general improvements. Mr. Ruge asked if there is going to be seating for 124 people or is it that the church currently has 124 members. Ms. Stachowiak said that they currently have 60 members, according to Ms. Swanson, although 124 is the number that was submitted in the application to the city. They do not have enough parking on site to accommodate 124 people. Ms. Swanson did show Ms. Stachowiak, before the meeting, an agreement that the Church has with a business across the street for additional parking on Sunday mornings when the business is not in operation. Three of the parking spaces that are shown on the plan are in the road right-of-way which is not acceptable and the parallel parking in front of the building is also not acceptable because pulling in and out would require driving in the ROW as well. These are site plan issues that will be taken care of at that time, but she counted approximately 34 spaces that were acceptable and that is if landscape screening and buffering is not included on the north property line. They do not have enough parking on site to accommodate 124 people. Ms. Keene asked how many parking spaces would be required? Ms. Stachowiak said it is 1 for every 3 seats in the main worship area or 1 for each 6 feet of pew area. The city does not have a floor plan, therefore, what she did was count the parking spaces, and assuming that they will use seats instead of pews, she multiplied the number of parking spaces by 3 and came out to approximately 102 maximum occupants for the church. Mr. Ruge said he visited the site today and found that it is a pretty harsh environment. He expressed concerned about the parking spaces in front of the building, and was hoping that they could be turned into green space. He realizes that they have a space problem. He was also concerned about the small amount of buffering that was on the south side between the parking lot and the house. It is pretty close to the parking lot. Ms. Stachowiak said they would need to provide a minimum of 5 foot buffering in that area. The new ordinance that is before council would require an 8 foot landscape, screening and buffering strip. Mr. Ruge asked if five feet is the minimum or is it what will actually be required. Ms. Stachowiak said that it is the minimum required buffer strip, right now. Once the ordinance amendment goes through, the minimum will be 8 feet. Mr. Frederick asked how close this building is to DeLuca's Pizzeria. Ms. Stachowiak said she does not know but will find out. Mr. Frederick said PLANNING BOARD MEETING MINUTES October 2, 2001, Page 3 that DeLuca's has a liquor license and therefore, a church cannot be closer than 500 feet. Ms. Stachowiak said that DeLuca's has an existing liquor license. Mr. Frederick said he recalls a special land use permit request for a church on Washington Blvd. and one of the neighbors with a liquor license that was within 500 feet came and raised an objection because of the proximity of the church to his business. MARY SWANSON, 831 N. WASHINGTON. Ms. Swanson said that she is the architect for the proposed church project. She stated that the church received a letter today from Alro Steel stating that they can share their parking facilities when they are not open, which includes Sunday mornings. They are requesting that the Board approve this request. They are currently on Maple Street and are not allowed any additions to the building on that site because it is land locked and the parking does not meet current ordinances. The proposed site is on an arterial street where it gets better facilities and gives them more square footage. They would like to minimize what they need to do for the parking lot because it costs money and these people are on a very tight budget. They would like to make it look nice. They have plans for the exterior facade including windows, an awning on the front door, widening the front ramp, etc. The inside will have a nice worship space and some support space, such as offices, classrooms and a social hall. They should not disrupt this neighborhood any more than a retail store would in this location, and probably less. Mr. Ruge said Sunday morning is probably going to be very busy there, what other days do they have activities? Ms. Swanson said that she believes they have Sunday evening and Wednesday evening services which means that it probably will not conflict with the steel business. They are a quiet group and they hope to grow, which is why they are moving to this building. Currently there are 60 members, but they would like to maximize what the seating capacity is so that when they apply for a building permit, they are not too limited. CALVIN C. ANDERSON, 1112 W. MAPLE STREET. Mr. Anderson is directly across the street from where Grace Tabernacle has their facility now. He said that the church has been an excellent neighbor and he does not want to loose them. He has had no problem with parking in front of his driveway on Sunday mornings or any other time. They have done an excellent job of maintaining and improving the existing facility. In fact, very often he has the experience of someone asking him what it is like to live across the street from a church. He responds that they are the best neighbors that he could possibly have. Unfortunately for him, they have outgrown their current facilities. There has been a couple of questions raised and he is not sure if he can answer them. He said he believes that they are more than 500 feet, which would be 200 yards from DeLuca's. PLANNING BOARD MEETING MINUTES October 2, 2001, Page 4 He was a customer of that butcher shop for a long time, but he is sure that Grace Tabernacle will make an excellent neighbor and he is sure that it will be an improvement to the neighborhood over a commercial establishment. His wish is for the Board to let them go with God's Blessings. EMMA BERRY, 1714 DONORA. Her church is Grace Tabernacle Church. She comes to the Board hoping that there will be a recommendation for this permit. It is much needed in that area. Ms. Berry stated that God wants them to have a spiritual life as well as a physical life. That is what their ministry is going to be in that neighborhood, to deal with the whole body not just the spiritual body. There is a lot of use for this ministry in that area. They are going to try to have child care, aerobics for the area and all sorts of different ministries that will minister to the neighbors and that will bring them out of their homes and be a good member of the community. The homes that she has seen are very well kept and they are planning to keep their place well kept. They just want to ask the Board to go on with this permit so they can continue to build and be a strong and good neighbor for the Lansing area. ELDER FRANK WOODS, ASSOCIATE MINISTER, GRACE TABERNACLE CHURCH. He believes that Ms. Berry has pretty much said it all. Mr. Woods said that they are trying to enhance the community. They need space to grow, just like when you look for a home. If you plan on getting married and having children, you do not look for a one bedroom home, you look for a place to grow and nurture your family. The community is part of their family. Their church extends far beyond the four walls that they worship in, and he asked the Board to consider that they are trying to do something, not only to enhance the body of Christ, but to enlarge it and enhance their community and the trust and comfort that goes along with being a community and a neighbor. BRISCO ODOM JR., ASSOCIATE PASTOR, GRACE TABERNACLE CHURCH. Mr. Odom said that God has given them a vision to build a community and to meet the needs of the people around the city. Their goal is to reach out to those who are less fortunate than they are and reach out to the community to help them grow in order to enhance the city. They ask the Board to give them permission to operate ministries that will affect, not only the community, but the State of Michigan. LISA BECKUM, 3626 WEDGEWOOD DRIVE. Ms. Beckum said that she is a single parent at the church and some of the ministries include single parent ministries, family ministries including reaching out to the teens of the neighborhood, craft ministries for the elders, substance abuse ministries for those who are having a problem with that part of their life. PLANNING BOARD MEETING MINUTES October 2, 2001, Page 5 She hopes that the Board will consider helping the Church locate at 1819 W. Willow. LEOLA ESTES, 4245 W. JOLLY RD. #222. Ms. Estes said that their main ministry is saving souls and empowering lives. They have ministries that would fit the needs of every individual whether they are older, children, mothers, single parents, elderly, etc. Their ministry will build up the community and make it better than what it was before they came. JETTA KING, 748 CLEO ST. She lives a few blocks from the area where the church would like to relocate. The church had a summer vacation bible school for the kids and there was an overwhelming turnout. The community activities that they present will be a great help to the neighborhood in general. She is in favor of it and she lives 4 blocks away. Mr. Frederick said that this case will be referred to the Zoning and Ordinance Committee, which will meet next Wednesday, October 10, 2001, at 4:00pm, 316 N. Capitol Avenue in the Planning Department Conference Room. b. Z-8-01, Willoughby Road, "A" Residential to "DM-1" Residential, "D- 1" Professional and "C" Residential. John Hodges presented the case. This is a request from the applicant, John Sabty, to rezone a 62 acre parcel. The property is located south of 1-96 and north of Willoughby Road. To the east is an existing development, Oak Park Village. That area is zoned "CUP", which is a planned unit development zoning designation. To the west is a single family development which is zoned "A" Residential and the property to the south is in the Township. That area has a mixture of uses and is primarily undeveloped although there are some institutional, single family and multiple family developments in that vicinity. The applicant is proposing to rezone 40 acres of the parcel to "DM-1" Residential District to develop 864 apartment units, 6 acres to "C" Residential District for 54 townhouses and 9 acres to "D-1" Professional Office for a mixture of commercial/office/retail related uses. Mr. Ruge said he noted that this property is on the part of Willoughby that is two lanes and this is a pretty substantial development. He asked if the city is considering widening Willoughby Road in the foreseeable future. Mr. Hodges said he cannot speak to that and he is still waiting for comments from Transportation and Public Services. Typically, with a development of this magnitude, they would be looking at an in-depth evaluation of its impact on traffic. PLANNING BOARD MEETING MINUTES October 2, 2001, Page 6 Mr. Ruge said his other concern was with the office part of the development. Willoughby Road in this area seems to be mostly residential. Mr. Ruge asked if there was any other office or commercial in the area. Mr. Hodges said no, it is primarily residential and institutional. Mr. Hodges said he would like to add just one other item that is not in the report. After the report was prepared, he evaluated the property in relation to the National Wetland Inventory and there appears to be some areas on that property that are identified as wetlands which means that there will be a need for further evaluation to determine if there are any regulated wetlands that should be delineated on the property. JOHN SABTY, JACANA/CAPITOL. Mr. Sabty comes before the Board representing the owners of the property, SalJohn Realty based in New York, which has owned this property for 20 some years. He spoke to Mr. Ruff a couple of times over the past couple of years to try to get some ideas and input as to what might be a suitable use for the land and most recently with Ms. Stachowiak, actually submitting this project and meeting with her to go over some of their ideas. The existing zoning on the property right now is single family. That would allow about 420 units right now based on its present zoning, single family homes. They looked at the master plan and for that area it shows about 50% of the property to be zoned for mid level, medium density, about 14 units per acre and the other 50% to single family zoning. Which, based on a simple master plan amendment would bring them to 840 units. Obviously, their proposal is for roughly 918 units. Before they put together a submission for the Board to look at, they looked at what they could do with that land such as could they have box commercial, which is obviously not appropriate there because of Willoughby Road only being two lanes. From a developers perspective, they asked what they could do with the land that can balance city and local needs versus problem prevention. They looked at a survey that was done by Gove Associates for the city to help determine what to do with some of the vacant land and the city housing that is currently available. They read the market survey that was done in 2000 and contracted with Gove Associates to do a specific survey for this particular property to help determine its best use. Their survey looked at the property, the housing needs for the city and on the original application they submitted 7 or 8 points from that market survey. It was determined that there is need in the city for multiple housing to create a balance between the amount of single family housing within the city. Mr. Sabty said that he is from Flint, MI and they have seen a major decline in the inner city because most people have pulled out and moved to apartments and newer homes in the suburbs, which left the inner city homes empty to create blight areas. He is not saying that is what happened in Lansing, PLANNING BOARD MEETING MINUTES October 2, 2001, Page 7 but across the mid-west it seems to happen in a lot of areas. However, with lower interest rates, a lot of people are buying high value houses and consequently they move out of the city and into the suburbs and it detracts from the real estate base. They considered several options and decided on a mixed use development with multiple family, town homes, single family homes, apartment complexes, and commercial rather than having one block of land where everyone is the same, creating a type of neighborhood. He said that it is one thing to create a complex or a high rise for seniors or adults, but it is another thing to create a community that will allow them to have the benefits of feeling like they are at home but also to get a sense of community. If you can create something like this people can be drawn out to that community that is still in the city of Lansing and still helps the tax base and then open up the neighborhoods and homes to newer families that want to live there and can't afford a new house that is $130,000 to $220,000 which is available in the suburbs. Mr. Sabty said that his point being that if this type of housing is created, that is desirable to the people who live in the city, where they can move and still live in the city, but to a desirable area and get the best of both worlds, it opens up housing for new families and creates an economic base that is still within the city boundaries. His proposal has four (4) anchor points. There is high density, mid level density houses and then there is this component of commercial/office/neighborhood special use, something that is catering to the neighborhood. He explained that the commercial component is not for a retail store, but more for an Entastophos, a realtor, a dry cleaner, etc. because there may be a need for some small retail, assuming the traffic patterns could be met and it would not be of a destructive nature. Originally he came and asked if he could put commercial all along Willoughby Road, however, that does not make any sense because the traffic issues just wont work, so what has been done in the northeast part of the United States is to have housing developments that have a center core where there will an area like a town square. It has small retail shops, offices, things that are more neighborhood friendly that people living there would use as support because they could walk to them or pick up something on the way home rather than having to go to a major big box user. The fourth component of this is a park on the west side of the property. He stated that the neighborhood to the west is a viable neighborhood, houses sell there and there is not a lot for sale, so why put a bunch of new houses next to it that are going to hurt that neighborhood. So, the idea was to not put any single family housing and to donate this area to create a park. Right now it is used as a park and there are bike trails, motor trails, and he is sure that people walk their dogs back there. The park is primarily used by the neighborhood, so part of the compromising is to ask if there is a way that they can achieve multiple high density zoning, which is what they have to the east of them, create a PLANNING BOARD MEETING MINUTES October 2, 2001, Page 8 buffer zone which is the mid level density, like a town house type feel in the center and spread within that some small commercial office and then create a large buffer zone which is the park area to the west. This should give the neighborhood the sense that they are not going to have a Walmart backing up to them. This type of a buffer zone would protect that single family residential neighborhood from this type of a neighbor. He explained that what they have given the Board is not the site plan that they would actually propose, but rather it was to try to help achieve the desired density level. He said that he is pushing the density level a little, but if the master plan is the only thing that is looked at, they would be in the mid 800's, however, if he were to go off what a market survey says he would be in the 1200 range so he tried to fall in the middle. There is nothing like this in Lansing and it has been proven successful in California, Florida, out east in Atlanta and major metropolitan areas that are trying to rejuvenate some of their areas. Sometimes what this does is increase density levels because the bottom line is they want to balance the needs of the city and community, but also the developer needs to be considered. The developer is coming in with 30-40 million dollars. There needs to be some various legs that the project can stand on as opposed to saying they are going to go in and build only houses or apartments without retail. That is why they submitted the application the way they did at this time. The key is that they want to come back with a PRD plan that works within the allowable density level. That is why the Board members got what they got. The plan is not specific of the way the buildings will be laid out and green space it was more to try to give the Board an idea of the density level for 918 units on 60 acres, which is only 78 units more than the existing master plan calls for, but it also gives 6 - 10 acres back to the city to create a park in the back which is what the City has planned. Ms. Patrick said she is glad that he said what he did about the site. Normally they do not look to closely at exactly what buildings they are proposing and she wondered if they were proposing any community buildings as part of this multi family development, such as recreational facilities for the residents of the development. Mr. Sabty said that there may be a tennis court or swimming pool, but it would have a buffer zone so that the people coming in to use the office would not be able to use these facilities, they would be just for the community. General discussion ensued regarding the community facilities. PLANNING BOARD MEETING MINUTES October 2, 2001, Page 9 Mr. Frederick said this will be referred to the Zoning and Ordinance Committee, which will meet next Wednesday, October 10, 2001, at 4:OOpm, 316 N. Capitol Avenue in the Planning Department Conference Room. C. Z-14-01, 1210 W. Saginaw Street, "DM-4" Residential & "J" Parking to "D-1" Professional Office District Sue Stachowiak presented the case. This is a request by Martin Property Development to rezone a 50 x 110 (5500 sq. ft.) of 1210 W. Saginaw Street. The north 42 feet of the 50 feet is zoned "J" Parking and the south 8 feet is zoned "DM-4". The applicant would like to rezone that section to "D-1" Professional Office for the purpose of constructing a facility called "Ele's Place". There is a letter in the packet from Ele's Place that explains what they do. The surrounding zoning is "DM-4" to the south and to the north is "B" Residential. They are still waiting for some of the responses to come back yet. They do not have a recommendation tonight, but will present one at the Zoning and Ordinance Committee next Wednesday. Ms. Patrick asked if this kind of facility could be built under the current zoning? Ms. Stachowiak said that in the "J" Parking district, it cannot. In fact, the north 42 feet of this 50 foot area is "J" Parking and no buildings are permitted in this district. General discussion ensued regarding the buildings allowed in the zoning. Mr. Frederick said this will be referred to the Zoning and Ordinance Committee, which will next meet Wednesday, October 10, 2001, at 4:OOpm, 316 N. Capitol Avenue in the Planning Department Conference Room. 5. COMMENTS FROM THE AUDIENCE (5 minutes each) - DEB FREDERICK, 3728 STONELEIGH DR. Ms. Frederick said that she is married to the chairman of the Planning Board, however, she is hear speaking on her own behalf and not on their behalf. She lives on Stoneleigh in the area off Aurelius north of Cavanaugh. As it is known, there is a proposal to place a Cohousing Project on the old Delaney Farm on Aurelius. She would like to speak in support of that project. She had an opportunity to tour the Ann Arbor CoHousing Development and was very impressed with the project. They saw that it met the needs of a lot of people who have unique needs such as disabled PLANNING BOARD MEETING MINUTES October 2, 2001, Page 10 folks, elderly people, people who are looking to have more involvement in where they live. She thinks that there is a real need in the. community for that type of project. That project backs up to her property and she has a very deep interest in project. They have talked in the past about trying to buy some additional property behind them so that they would have more insurance that the woods and natural area would be preserved and would provide a buffer. This seems to be a perfect development to preserve the natural area because of the low density in terms of the amount of property and units that will be built in this CoHousing project. She also said that it is a great addition to the neighborhood. She would like to encourage two things. One is that there be underground utilities in this development because that is what is already in the existing residential area. Also, she would like to see the Traffic Department involved in this planning. There are two reasons for this, one is so that traffic calming planning can be provided for that community and the second part is more critical to her on a personal level. She is a member of the police commission and has been for the last 5 years. She makes it her business to bring up the fact that a good many people use the left turn lane down Aurelius to pass other traffic and it creates a pretty dangerous situation if someone is trying to turn into one of the east/west bound streets off Aurelius and someone has decided to use that center lane as a through lane. GENE NELLEN, 609 WEST STREET. He was also at the tour of the Co- Housing development on Sunday and has been interested in this process and style of living for about 10 years. He has tried in the past to do a project like this in Lansing, but this is the first opportunity to get something to this point. He feels that this is an ideal use for that land as it will allow easy access to Forest View School. This is the kind of development that Lansing needs to attract families with children of all ages, which allows them to live in Lansing their whole lives instead of just part of their lives. He encouraged the Board to look at this project seriously and encourage its development. 6. RECESS - (Zoning and Ordinance Committee to meet regarding NCU-16-01 and NCU-17-01. Urban Development Committee to meet regarding Act-22-01.) Urban Development Committee The UDC convened for the purpose of reviewing the following case: a. Act-22-01, Rundle N of Barnes, Vacate and Reduce Utility Easements Bill Rieske presented the case. The applicant, St. Casmir Church, proposes to reconstruct the church and school parking lot, and requests that the City (1) vacate the north 80' x 60' of the existing sanitary sewer easement, and (2) reduce the width of an existing 60' wide utility PLANNING BOARD MEETING MINUTES October 2, 2001, Page 11 easement to 25'. The easement would extend 7' East and 18' West of the existing sanitary sewer pipe. According to the applicant, the following positive impacts will occur as a result if this proposal is approved: 1. The existing school building encroachment (7') into the easement will cease. 2. The City will have less sewer pipe length to maintain and manhole access will improve. 3. The church will be able to implement future building plans. The Department of Public Service has stated that the 25 ft. width is sufficient to service this sewer line in the subject location, and will require the applicant to install the new manhole and bulk head and properly abandon the 80 feet of pipe north of the manhole. SUMMARY During its review of the location, character, and extent of this proposal, the Committee found that: 1. The Southwest Area Plan designates this area for residential use (7-14 du/acre) and community facilities, and recommends separating sewer systems in areas of redevelopment. 2. The project involves a subsurface change, and the proposal action should not affect the compatibility with the surrounding land uses, vehicular and pedestrian circulation, or the site's ability to be served by the other public facilities. 3. There is no anticipated impact on the environment associated with the proposal. STAFF RECOMMENDATION Staff recommends approval of Act-22-01, the vacation of the north 80' x 60' of existing sanitary sewer easement and reduction width of the existing 60' wide utility easement to 25' East and 18' West of the existing sanitary pipe at Rundle north of Barnes (800 W. Barnes Avenue), with the following conditions: 1. The applicant install the new manhole and bulk head and properly abandon the 80' pipe north of the manhole. 2. Any site improvements must be approved through the site plan review process. PLANNING BOARD MEETING MINUTES October 2, 2001, Page 12 COMMITTEE ACTION It was moved by Ms. Keene, seconded by Ms. Patrick to recommend approval of Act-22-01, Rundle N of Barnes, Vacate & Reduce Utility Easements, with conditions as recommended by staff. On a Voice Vote, the motion carried (3-0). Adjourned. Zoning & Ordinance Committee Mr. Frederick moved; seconded by Ms. Foster that NCU-16-01, 321 Haag Court, Class A Nonconforming Status be referred to the Committee of the Whole. On a Voice Vote, the motion carried (3-0). Ms. Foster moved; seconded by Ms. Frederick that NCU-17-01, 319 Haag Court, Class A Nonconforming Status be referred to the Committee of the Whole. On a Voice Vote, the motion carried (3-0). Adjourned. 7. BUSINESS A. Minutes for Approval: September 18, 2001 Moved by Ms. Keene, supported by Ms. Patrick, to approve the minutes of September 18, 2001, with corrections. Mr. Ruge said he recalls requesting an excused absence for the September 18, 2001 meeting. Please add the word "Excused" to Absence section of Opening Session. On a Voice Vote, motion carried, the Minutes of September 18, 2001 were APPROVED w/CORRECTIONS. B. Committee Reports 1. Zoning and Ordinance Committee - Mr. Ruge, Chair The Zoning and Ordinance Committee met in the recess and referred NCU-16-01 and NCU-17-01 to the Committee of the Whole. The next Zoning and Ordinance Committee meeting will be Wednesday, October 10, 2001, at 4:00pm, 316 N. Capitol Ave., Department Conference Room. PLANNING BOARD MEETING MINUTES October 2, 2001, Page 13 2. Urban Development Committee - Mr. Smith, Chairman. a. Act-22-01, Rundle N of Barnes, Vacate & Reduce Utility Easements Mr. Smith presented the case as previously presented in Committee. In Committee it was moved, seconded and carried unanimously (3-0) to recommend approval of Act-22-01, Rundle N of Barnes, Vacate & Reduce Utility Easements, with conditions as recommended by staff. PLANNING BOARD ACTION was as follows: Mr. Smith made a motion, seconded by Ms. Keene to recommend approval of Act-22- 01, Rundle N of Barnes, to permit vacation of the north 80' x 60' of existing sanitary sewer easement and reduction width of the existing 60' wide utility easement to 25' East and 18' West of existing sanitary sewer pipe at Rundle north of Barnes (800 W. Barnes Avenue), with the following conditions: 1. The applicant install a new manhole and bulk head and properly abandon the 80' of pipe north of the manhole. 2. Any site improvements must be approved through the site plan review process. On a Voice Vote, there were: Ayes: 6; Nays: 0; carried; unanimous, APPROVED. The next meeting is, Tuesday, October 23, 2001, at 4 p.m., 316 N. Capitol Ave., Department Conference Room. Mr. Ruge made a motion; supported by Ms. Keene to dissolve into the Committee of the Whole. On a Voice Vote, the motion carried (6-0). 3a. Committee of the Whole - Mr. Smith, Chairman a. NCU-16-01, 321 Haag Court, Class A Nonconforming Status Susan Stachowiak presented the case. This is a request by Ferris Development for Class A Nonconforming Status for 321 Haag Court. This is an existing single family home. It is zoned "DM-3" Residential and it is nonconforming for front and side yard setback requirements and because of those nonconformities the applicant is limited to 35 percent of the PLANNING BOARD MEETING MINUTES October 2, 2001, Page 14 structures value in repairs. The current value of the structure is $16,100, 35% of that is $5,635. The applicant would like to put $88,000 into this building and cannot do so unless the Class A Status is granted. The nonconformities are that at it's closest point, the side yard setback is 1.6 feet, and since this lot is 35 feet wide, the minimum side yard setback is 10% of the lot width which is 3.5 feet so there is approximately a 2 foot nonconformity. The front yard setback requirement is a minimum of 20 feet and right now there is a 12 foot front yard setback measured to the house and 6 foot measured to the front porch, which is where a true front yard setback is measured since this is an attached porch. Staff recommends that the Class A Status be approved with the condition that the building and site improvements be completed within one year from the date of approval. Committee Action was as follows: Mr. Frederick said that this is again a situation where the ordinance really inhibits upkeep of some of Lansing's housing stock and basically this house would deteriorate further if this is not approved. He is in favor of the request and said that Ferris Development does excellent work and he is happy to see what they are doing in the City of Lansing. Mr. Frederick made a motion; seconded by Ms. Foster that NCU-16-01, 321 Haag Court, Class A Nonconforming Status be approved with the above condition. On a Voice Vote, the motion was approved (6-0). b. NCU-17-01, 319 Haag Court, Class A Nonconforming Status Susan Stachowiak presented the case. This is another request by Ferris Development for a Class A Status for 319 Haag Court which is zoned "DM-3" Residential. The applicant wishes to convert the existing 2 unit structure to a single family home and because of some setback nonconformities and in this case a lot coverage nonconformity they are limited to 35% of the value of the structure in costs for renovations. The value of this structure is $20,300. They are proposing to put $75,000 into the building. At its nearest point, the side yard setback on this lot is 2.7 feet. The requirement here is 10% of the lot width, PLANNING BOARD MEETING MINUTES October 2, 2001, Page 15 which is 3.5 feet. Also, there is a 12 foot front yard setback that is measured to the home and from the front porch, where the true front yard setback is measured they have approximately 5 feet. In addition, the percentage of lot coverage is 100%. It is noted in the staff report that the applicant intends to significantly reduce the lot coverage. She spoke with the applicant regarding this exact issue and he said they would be tearing up all the asphalt and would be limiting it to just the standard driveway as with any other single family home to park a couple cars. The staff is recommending that NCU-17-01 be approved with the condition that the building and site improvements be completed within one year from the date of this approval. Committee Action was as follows: Ms. Keene made a motion; seconded by Mr. Frederick that NCU-17-01, 319 Haag Court, Class A Nonconforming Status be approved with the above condition. On a Voice Vote, the motion was approved (6-0). Mr. Frederick asked to be recused from the vote on PRD-3-01. (Mr. Frederick left the chambers.) Mr. Ruge made a motion; seconded by Ms. Keene to remove PRD- 3-01, Planned Residential Development, 23.49 acres at 3720 Aurelius Rd. from the table. On a Voice Vote, the motion carried (5-0). a. PRD-3-01, Planned Residential Development, 23.49 acres at 3720 Aurelius Rd. John Hodges presented the case. At the last meeting a revised development plan was submitted to the Planning Board and there was a concern regarding the lack of detail on the prior development plan. The staff report was presented which indicated that the new plan did provide sufficient detail to comply with the standards of the ordinance. They are looking at a relatively low density development at 3.66 dwelling units per acre. It would be comparable to the density of a conventional development and has certain attributes to maintain the natural features of the site through the development. PLANNING BOARD MEETING MINUTES October 2, 2001, Page 16 The staff report recommends approval of PRD-3-01 with nine conditions: 1. The number of housing units within any of the three development areas does not increase; 2. The boundaries of the development areas remain unaltered; 3. The location of the road and associated infrastructure within the right-of-way do not appreciably change; 4. The areas outside the development area remain in the site condominium plan as common space; 5. The property not be divided into separately owned parcels; 6. Sidewalks be constructed along the entire frontage of Aurelius Road and Stoneleigh Drive; 7. Sidewalk extend to the end of the private road; 8. The walkway between the terminus of the private road and Stoneleigh Drive be constructed of asphalt, concrete or another acceptable material that will provide an all-weather and ADA compliance surface; and 9. Site plan review of the development phases. Committee Action was as follows: Mr. Ruge asked if the staff received a site plan that had all the information that was needed. Mr. Hodges said yes, the Board should have been given a copy of this. Mr. Ruge made a motion; seconded by Ms. Patrick that PRD-3-01, Planned Residential Development, 23.49 acres at 3721 Aurelius Rd. be approved with the nine (9) conditions listed above. Mr. Ruge said he was not at the last Planning Board meeting, but at the Zoning and Ordinance Committee meeting there was concern about the road and the fact that there are going to be three separate condominium associations that were responsible for maintaining the road. He asked Mr. Hodges to explain how this problem has been addressed. Mr. Hodges asks the Board to look at condition #5 where it states that the property will not be divided into separately owned parcels. The applicant has determined that this would be under one site condominium development but that there might be condominium associations within the overall development. By being under one development, all of the PLANNING BOARD MEETING MINUTES October 2, 2001, Page 17 common elements would be common and one organization would be responsible for the maintenance pursuant to State Statute. There could be sub-organizations but they still would need an overall condominium association and all of the common elements that are adopted in the boundaries of the site plan would be the responsibility of the overseeing association. General discussion ensued regarding the condominium association and the maintenance. On a Voice Vote, the motion was approved (5-0). Mr. Ruge made a motion; seconded by Ms. Patrick to arise from the Committee of the Whole. One a Voice Vote, the motion carried (5-0). (Mr. Frederick returned to the Chambers.) 3b. Committee of the Whole, Mr. Smith, Chairman. a. NCU-16-01, 321 Haag Court, Class A Nonconforming Status Mr. Smith presented the case. In summary this rehabilitation of a nonconforming residential structure will not create any traffic or pollution problems for the area. In terms of parking requirements, there is at least two parking spaces on the site. The applicant wants the ability to spend additional funds on the property in the future and the approval of the nonconformity will allow the applicant to accomplish that goal. This is also part of the neighborhood preservation program designed to revitalize neighborhoods through rehabilitation. Staff recommended approval with the condition that the building and site improvements be completed within one year from the date of this approval. In Committee it was moved, seconded and carried unanimously (6-0) to approve NCU-16-01, 321 Haag Court, Class A Nonconforming Status. PLANNING BOARD MEETING MINUTES October 2, 2001, Page 18 PLANNING BOARD ACTION was as follows: Mr. Smith made a motion, seconded by Ms. Keene to approve NCU-16-01, 321 Haag Court, Class A Nonconforming Status with the condition that the building and site improvements be completed within one year from the date of this approval. Frederick . . . . . . . ... ... ... . . . . . . . Ave Foster. . . Aye Patrick. . .Aye Smith . . . . . . . . . . . . . . . . . . . . . . . Aye Keene . .Ave Ruge . .Aye On a Roll call vote, there were: Ayes: 6; Nays: 0; carried; unanimous; APPROVED w/CONDITIONS. b. NCU-17-01, 319 Haag Court, Class A Nonconforming Status Mr. Smith presented the case. The summary to this is similar to the above case and most of the report has been read into the record earlier. Staff recommended approval of NCU-17-01 with the condition that this building and site improvements be completed within one year from the date of this approval. In Committee it was moved, seconded and carried unanimously (6-0) to approve NCU-17-01, 319 Haag Court, Class A Nonconforming Status. PLANNING BOARD ACTION was as follows: Mr. Smith made a motion, seconded by Ms. Keene to approve NCU-17-01, 319 Haag Court, Class A Nonconforming Status with the condition that the building and site improvements be completed within one year from the date of this approval. Frederick . . . . . . . . . . . . . . . . . . . . Ave Foster. . . Ave Patrick. .Aye Smith Aye Keene . . . . . . . . . . . . . . . . . . . . . . .Ave Ruge . ..Ave On a Roll call vote, there were: Ayes: 6; Nays: 0; carried; unanimous; APPROVED w/CONDITIONS. Mr. Frederick recused himself from PRD-3-01 and Mr. Smith is giving the report and another Board member will give the motion. PLANNING BOARD MEETING MINUTES October 2, 2001, Page 19 C. PRD-3-01, Planned Residential Development, 23.49 acres at 3720 Aurelius Rd. The applicant is requesting a Planned Residential Development of 86 dwelling units on a 23.5 acre site. The location of the site is on the east side of Aurelius Road north of Cavanaugh Road. The project would involve 1-3 site condominium developments and would be a cohousing project which means that the residents participate in the design of the development. The proposed development concept does represent a method of developing this site in a manner that is sensitive to its unique environmental features in achieving a quality living environment. The proposal also poses less of an impact on surrounding properties than what would likely be the case with a conventional platting process. Staff recommended approval of PRD-3-01 conditioned on the following: 1. The number of housing units within any of the three development areas does not increase; 2. The boundaries of the development areas remain unaltered; 3. The location of the road and associated infrastructure within the ROW do not appreciably change; 4. The portions of the site outside the defined development areas remain in the site condominium plan as common space. 5. The property not be divided into separately owned parcels; 6. Sidewalks be constructed along the entire frontage of Aurelius Road and Stoneleigh Drive; 7. Sidewalk extend to the end of the private road; 8. The walkway between the terminus of the private road and Stoneleigh Drive be constructed of asphalt, concrete or another acceptable material that will provide an all-weather and ADA compliance surface; and 9. Site plan review of the development phases. PLANNING BOARD MEETING MINUTES October 2, 2001, Page 20 PLANNING BOARD ACTION was as follows: Mr. Ruge made a motion, seconded by Ms. Patrick to approve PRD-3-01, Planned Residential Development, 23.49 acres at 3721 Aurelius Road with the nine (9) conditions listed above. Foster. . . Ave Ruge . .Aye Patrick. . .Aye Smith . . . . . . . . . . . . . . . . . . . . . . . Aye Keene . .Aye On a Roll call vote, there were: Ayes: 5; Nays: 0; carried; unanimous; APPROVED w/ CONDITIONS. 4. Executive Committee - none C. Report from Planning Manager - D. Pending Items: Future action required 1. Zoning and Ordinance Committee a. Z-1-98, 1223 N.Turner St.,"H"Light Industrial District to"G-1"Business District (Tabled February 11, 1998) b. Z-5-98,401-407 E. Grand River, "F"Commercial District to"G-1"Business District(Tabled June 10, 1998) C. Z-8-2000,3901 S. Martin Luther King Jr. Blvd.,"F'Commercial to"H"Light Industrial District(Tabled June 14,2000) d. Z-15-2000, 301 W. Lenawee Street, Professional Office to"G-1" Business District(Tabled January 17,2001) e. P-1-2001,Tentative Preliminary Plat,Wexford Woods(Tabled June 13, May 9, 2001) f. PRD-2-01,"Crystal Woods", Planned Residential Neighborhood (Tabled August 15,2001) g. SLU-3-01,Cavanaugh west of Aurelius (Tabled August 15,2001) h. Z-11-01,3535 W. Mt. Hope,"F"Commercial, "J"Parking and"A"Residential to "D-1" Professional Office (Tabled September 12,2001) 2. Urban Development Committee a. Act-9-2000,201 E. Grand River Avenue, Proj. Sign Over ROW (Tabled June 27, 2000) C. Discussion of Comprehensive Planning Process. 3. Committee of the Whole 4. Planning Board a. Act-12-01,5550 S. Pennsylvania-Market Fire Station for Salem (tabled July 3, 2001) b. Act-13-01,4801 S. Cedar Street,Acquire for Fire Station (tabled July 3,2001). 8. NEW BUSINESS - 1. Committee Assignments Mr. Frederick said he had two people request a preference. Ms. Patrick asked to stay on the Urban Development Committee. Ms. Foster expressed interest in being the liaison to the Board of Zoning Appeal. PLANNING BOARD MEETING MINUTES October 2, 2001, Page 21 Mr. Ruff said that the Council will have to make the appointment to the BZA. Mr. Frederick stated that Mr. Ruge said he was satisfied staying on the Zoning and Ordinance Committee. Ms. Keene said she would like to remain on the Urban Development Committee. Mr. Frederick said he would be staying on the Zoning and Ordinance Committee. There was discussion regarding Mr. Smith and Ms. Foster switching Committees for the time being. He asked Mr. Smith if he would be willing to switch for the remainder of Mr. Foster's class which would be until the end of December. Updated Committee Appointments: Zoning and Ordinance Committee Urban Development Committee Mr. Frederick Ms. Patrick Mr. Ruge Ms. Keene Mr. Smith (until 12/10/01) Ms. Foster (until 12/10/01) Mr. Smith asked about election of officers for the Committee. Mr. Ruff said it would be best to wait and do that in the Committees. 9. COMMENTS FROM CHAIRPERSON - Mr. Frederick thanked everyone for their indulgence being his first meeting as Chairperson. 10. COMMENTS FROM BOARD MEMBERS Ms. Keene said she does not have comments, but a question regarding the status of the new Board members. Mr. Ruff said one has been recommended for appointment through the Mayor's Office and has been referred to the Development and Planning Committee. They have not met since that referral has been made. They next meet October 16, 2001 and he hopes that person can be there, they can do their interview and make a recommendation to the Council. It would be October 22, 2001 that he would be appointed. That would bring us up to 7 and we are still short one person. General discussion regarding new Board members. Mr. Ruge asked if Mr. Ruff could fill them in on the Temple Club? Mr. Ruff said there is a situation that has arisen, not because of a City ordinance. Actually there are two things working together here. One is that the Temple Club located on E. Grand River at Cedar Street and is being developed as an PLANNING BOARD MEETING MINUTES October 2, 2001, Page 22 entertainment facility that would involve having liquor or alcohol so they would need a liquor license. The Temple Club applied for a liquor license and during this time, a church leased some retail/commercial space nearby. When the Liquor Control Commission reviewed the license application, they had received a letter from the church requesting that it not be approved and if a new license is within 500 feet of a church, they do not approve it. He is under the impression and there have been occasions in the past where churches have said well, they understand they are going into a commercial situation and so they are not going to object to liquor licenses and his understanding is that the Control Commission has been able to approve those with that letter of non objection. The City has found that the church has not gone through the process of getting a Special Land Use permit, which is required in the "F" District, similar to what they did tonight for the church on Willow in the Industrial District. An SLU application has been filed and will be heard at the November meeting. In a situation like this, from a land use standpoint, it may have no adverse affect on the surrounding area, but from a regulatory standpoint, it has a 500 foot affect. It is his understanding that the owner of the Temple Club is appealing the Liquor Control Commission's decision and will be attending a hearing on that appeal very shortly. General discussion regarding the Temple Club. Mr. Ruge asked about the sign permit with regard to this case. Is there any way this could have been cross checked so that this could have been caught? Mr. Ruff said they are talking about these issues. Sometimes, the merits of the sign, size, location, etc. are the primary focus of the evaluation. We try to be content neutral but need to pay attention to other ordinance provisions because with a tenancy situation we need to take any clue that we can on these types of issues. But, yes that is something they need to pay attention to. Discussion with staff has already taken place. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS - Mr. Frederick asked for the status of the junk cars parked by Jolly Rd. Ms. Stachowiak said she did pass that along to the Code Compliance Office. 12. ADJOURNMENT was at 9:16 p.m. Respectfully submitted James A. Ruff, Secretary, Planning Board =091801 Draft to Clerk October 11,2001 Approved 2001 To Clerk 2001 Minutes of the Regular Meeting LANSING PLANNING BOARD 7 p.m., City Council Chambers Tenth Floor, Lansing City Hall 124 West Michigan Avenue Tuesday, October 2, 2001 1. OPENING SESSION: The meeting was called to order at 7:05 p.m. by Chairman Keene. A. Roll Call. Present: Frederick, Foster, Patrick, Smith, Keene, Ruge. Six members present; two vacant seats. B. Absences - None C. Introductions. Jim Ruff, Planning Manager introduced Susan Stachowiak, Zoning Administrator, Bill Rieske, Principal Planner and John Hodges, Senior Planner. 2. APPROVAL OF AGENDA. Mr. Frederick said there is one addition. The Board needs to discuss Committee assignments during the Business Section. Ms. Keene said that the numbered tabs are not correct. It was moved by Mr. Ruge, supported by Mr. Smith to approve the agenda with corrections. On a Voice Vote, motion carried unanimously (6-0). 3. COMMUNICATIONS - none 4. HEARINGS - a. SLU-5-01, 1819 W. Willow Street, Special Land Use to permit a Church in the "H" Light Industrial District Sue Stachowiak presented the case. This is a request by Mary Swanson on behalf of Rev. Nicholson of Grace Tabernacle Baptist Church regarding a Special Land Use at 1819 W. Willow Street. Currently, this is a vacant building that was formerly used as a meat packing store. It is located in the "H" Light Industrial District. The request is for a special land use permit to convert the existing building into a church. Churches are permitted in the "H" Light Industrial District, with a special land use permit. The surrounding zoning is residential to the south, east and west and "I" Heavy Industrial zoning to the north. The site is existing, there is existing pavement, an existing building and there are no proposed expansions, just some renovations. The parking lot is PLANNING BOARD MEETING MINUTES October 2, 2001, Page 2 existing but they are proposing some site improvements such as landscape, screening and buffering, strengthening the parking area and general improvements. Mr. Ruge asked if there is going to be seating for 124 people or is it that the church currently has 124 members. Ms. Stachowiak said that they currently have 60 members, according to Ms. Swanson, although 124 is the number that was submitted in the application to the city. They do not have enough parking on site to accommodate 124 people. Ms. Swanson did show Ms. Stachowiak, before the meeting, an agreement that the Church has with a business across the street for additional parking on Sunday mornings when the business is not in operation. Three of the parking spaces that are shown on the plan are in the road right-of-way which is not acceptable and the parallel parking in front of the building is also not acceptable because pulling in and out would require driving in the ROW as well. These are site plan issues that will be taken care of at that time, but she counted approximately 34 spaces that were acceptable and that is if landscape screening and buffering is not included on the north property line. They do not have enough parking on site to accommodate 124 people. Ms. Keene asked how many parking spaces would be required? Ms. Stachowiak said it is 1 for every 3 seats in the main worship area or 1 for each 6 feet of pew area. The city does not have a floor plan, therefore, what she did was count the parking spaces, and assuming that they will use seats instead of pews, she multiplied the number of parking spaces by 3 and came out to approximately 102 maximum occupants for the church. Mr. Ruge said he visited the site today and found that it is a pretty harsh environment. He expressed concerned about the parking spaces in front of the building, and was hoping that they could be turned into green space. He realizes that they have a space problem. He was also concerned about the small amount of buffering that was on the south side between the parking lot and the house. It is pretty close to the parking lot. Ms. Stachowiak said they would need to provide a minimum of 5 foot buffering in that area. The new ordinance that is before council would require an 8 foot landscape, screening and buffering strip. Mr. Ruge asked if five feet is the minimum or is it what will actually be required. Ms. Stachowiak said that it is the minimum required buffer strip, right now. Once the ordinance amendment goes through, the minimum will be 8 feet. Mr. Frederick asked how close this building is to DeLuca's Pizzeria. Ms. Stachowiak said she does not know but will find out. Mr. Frederick said PLANNING BOARD MEETING MINUTES October 2, 2001, Page 3 that DeLuca's has a liquor license and therefore, a church cannot be closer than 500 feet. Ms. Stachowiak said that DeLuca's has an existing liquor license. Mr. Frederick said he recalls a special land use permit request for a church on Washington Blvd. and one of the neighbors with a liquor license that was within 500 feet came and raised an objection because of the proximity of the church to his business. MARY SWANSON, 831 N. WASHINGTON. Ms. Swanson said that she is the architect for the proposed church project. She stated that the church received a letter today from Alro Steel stating that they can share their parking facilities when they are not open, which includes Sunday mornings. They are requesting that the Board approve this request. They are currently on Maple Street and are not allowed any additions to the building on that site because it is land locked and the parking does not meet current ordinances. The proposed site is on an arterial street where it gets better facilities and gives them more square footage. They would like to minimize what they need to do for the parking lot because it costs money and these people are on a very tight budget. They would like to make it look nice. They have plans for the exterior facade including windows, an awning on the front door, widening the front ramp, etc. The inside will have a nice worship space and some support space, such as offices, classrooms and a social hall. They should not disrupt this neighborhood any more than a retail store would in this location, and probably less. Mr. Ruge said Sunday morning is probably going to be very busy there, what other days do they have activities? Ms. Swanson said that she believes they have Sunday evening and Wednesday evening services which means that it probably will not conflict with the steel business. They are a quiet group and they hope to grow, which is why they are moving to this building. Currently there are 60 members, but they would like to maximize what the seating capacity is so that when they apply for a building permit, they are not too limited. CALVIN C. ANDERSON, 1112 W. MAPLE STREET. Mr. Anderson is directly across the street from where Grace Tabernacle has their facility now. He said that the church has been an excellent neighbor and he does not want to loose them. He has had no problem with parking in front of his driveway on Sunday mornings or any other time. They have done an excellent job of maintaining and improving the existing facility. In fact, very often he has the experience of someone asking him what it is like to live across the street from a church. He responds that they are the best neighbors that he could possibly have. Unfortunately for him, they have outgrown their current facilities. There has been a couple of questions raised and he is not sure if he can answer them. He said he believes that they are more than 500 feet, which would be 200 yards from DeLuca's. PLANNING BOARD MEETING MINUTES October 2, 2001, Page 4 He was a customer of that butcher shop for a long time, but he is sure that Grace Tabernacle will make an excellent neighbor and he is sure that it will be an improvement to the neighborhood over a commercial establishment. His wish is for the Board to let them go with God's Blessings. EMMA BERRY, 1714 DONORA. Her church is Grace Tabernacle Church. She comes to the Board hoping that there will be a recommendation for this permit. It is much needed in that area. Ms. Berry stated that God wants them to have a spiritual life as well as a physical life. That is what their ministry is going to be in that neighborhood, to deal with the whole body not just the spiritual body. There is a lot of use for this ministry in that area. They are going to try to have child care, aerobics for the area and all sorts of different ministries that will minister to the neighbors and that will bring them out of their homes and be a good member of the community. The homes that she has seen are very well kept and they are planning to keep their place well kept. They just want to ask the Board to go on with this permit so they can continue to build and be a strong and good neighbor for the Lansing area. ELDER FRANK WOODS, ASSOCIATE MINISTER, GRACE TABERNACLE CHURCH. He believes that Ms. Berry has pretty much said it all. Mr. Woods said that they are trying to enhance the community. They need space to grow, just like when you look for a home. If you plan on getting married and having children, you do not look for a one bedroom home, you look for a place to grow and nurture your family. The community is part of their family. Their church extends far beyond the four walls that they worship in, and he asked the Board to consider that they are trying to do something, not only to enhance the body of Christ, but to enlarge it and enhance their community and the trust and comfort that goes along with being a community and a neighbor. BRISCO ODOM JR., ASSOCIATE PASTOR, GRACE TABERNACLE CHURCH. Mr. Odom said that God has given them a vision to build a community and to meet the needs of the people around the city. Their goal is to reach out to those who are less fortunate than they are and reach out to the community to help them grow in order to enhance the city. They ask the Board to give them permission to operate ministries that will affect, not only the community, but the State of Michigan. LISA BECKUM, 3626 WEDGEWOOD DRIVE. Ms. Beckum said that she is a single parent at the church and some of the ministries include single parent ministries, family ministries including reaching out to the teens of the neighborhood, craft ministries for the elders, substance abuse ministries for those who are having a problem with that part of their life. PLANNING BOARD MEETING MINUTES October 2, 2001, Page 5 She hopes that the Board will consider helping the Church locate at 1819 W. Willow. LEOLA ESTES, 4245 W. JOLLY RD. #222. Ms. Estes said that their main ministry is saving souls and empowering lives. They have ministries that would fit the needs of every individual whether they are older, children, mothers, single parents, elderly, etc. Their ministry will build up the community and make it better than what it was before they came. JETTA KING, 748 CLEO ST. She lives a few blocks from the area where the church would like to relocate. The church had a summer vacation bible school for the kids and there was an overwhelming turnout. The community activities that they present will be a great help to the neighborhood in general. She is in favor of it and she lives 4 blocks away. Mr. Frederick said that this case will be referred to the Zoning and Ordinance Committee, which will meet next Wednesday, October 10, 2001, at 4:OOpm, 316 N. Capitol Avenue in the Planning Department Conference Room. b. Z-8-01, Willoughby Road, "A" Residential to "DM-1" Residential, "D- 1" Professional and "C" Residential. John Hodges presented the case. This is a request from the applicant, John Sabty, to rezone a 62 acre parcel. The property is located south of 1-96 and north of Willoughby Road. To the east is an existing development, Oak Park Village. That area is zoned "CUP", which is a planned unit development zoning designation. To the west is a single family development which is zoned "A" Residential and the property to the south is in the Township. That area has a mixture of uses and is primarily undeveloped although there are some institutional, single family and multiple family developments in that vicinity. The applicant is proposing to rezone 40 acres of the parcel to "DM-1" Residential District to develop 864 apartment units, 6 acres to "C" Residential District for 54 townhouses and 9 acres to "D-1" Professional Office for a mixture of commercial/office/retail related uses. Mr. Ruge said he noted that this property is on the part of Willoughby that is two lanes and this is a pretty substantial development. He asked if the city is considering widening Willoughby Road in the foreseeable future. Mr. Hodges said he cannot speak to that and he is still waiting for comments from Transportation and Public Services. Typically, with a development of this magnitude, they would be looking at an in-depth evaluation of its impact on traffic. PLANNING BOARD MEETING MINUTES October 2, 2001, Page 6 Mr. Ruge said his other concern was with the office part of the development. Willoughby Road in this area seems to be mostly residential. Mr. Ruge asked if there was any other office or commercial in the area. Mr. Hodges said no, it is primarily residential and institutional. Mr. Hodges said he would like to add just one other item that is not in the report. After the report was prepared, he evaluated the property in relation to the National Wetland Inventory and there appears to be some areas on that property that are identified as wetlands which means that there will be a need for further evaluation to determine if there are any regulated wetlands that should be delineated on the property. JOHN SABTY, JACANA/CAPITOL. Mr. Sabty comes before the Board representing the owners of the property, SalJohn Realty based in New York, which has owned this property for 20 some years. He spoke to Mr. Ruff a couple of times over the past couple of years to try to get some ideas and input as to what might be a suitable use for the land and most recently with Ms. Stachowiak, actually submitting this project and meeting with her to go over some of their ideas. The existing zoning on the property right now is single family. That would allow about 420 units right now based on its present zoning, single family homes. They looked at the master plan and for that area it shows about 50% of the property to be zoned for mid level, medium density, about 14 units per acre and the other 50% to single family zoning. Which, based on a simple master plan amendment would bring them to 840 units. Obviously, their proposal is for roughly 918 units. Before they put together a submission for the Board to look at, they looked at what they could do with that land such as could they have box commercial, which is obviously not appropriate there because of Willoughby Road only being two lanes. From a developers perspective, they asked what they could do with the land that can balance city and local needs versus problem prevention. They looked at a survey that was done by Gove Associates for the city to help determine what to do with some of the vacant land and the city housing that is currently available. They read the market survey that was done in 2000 and contracted with Gove Associates to do a specific survey for this particular property to help determine its best use. Their survey looked at the property, the housing needs for the city and on the original application they submitted 7 or 8 points from that market survey. It was determined that there is need in the city for multiple housing to create a balance between the amount of single family housing within the city. Mr. Sabty said that he is from Flint, MI and they have seen a major decline in the inner city because most people have pulled out and moved to apartments and newer homes in the suburbs, which left the inner city homes empty to create blight areas. He is not saying that is what happened in Lansing, PLANNING BOARD MEETING MINUTES October 2, 2001, Page 7 but across the mid-west it seems to happen in a lot of areas. However, with lower interest rates, a lot of people are buying high value houses and consequently they move out of the city and into the suburbs and it detracts from the real estate base. They considered several options and decided on a mixed use development with multiple family, town homes, single family homes, apartment complexes, and commercial rather than having one block of land where everyone is the same, creating a type of neighborhood. He said that it is one thing to create a complex or a high rise for seniors or adults, but it is another thing to create a community that will allow them to have the benefits of feeling like they are at home but also to get a sense of community. If you can create something like this people can be drawn out to that community that is still in the city of Lansing and still helps the tax base and then open up the neighborhoods and homes to newer families that want to live there and can't afford a new house that is $130,000 to $220,000 which is available in the suburbs. Mr. Sabty said that his point being that if this type of housing is created, that is desirable to the people who live in the city, where they can move and still live in the city, but to a desirable area and get the best of both worlds, it opens up housing for new families and creates an economic base that is still within the city boundaries. His proposal has four (4) anchor points. There is high density, mid level density houses and then there is this component of commercial/office/neighborhood special use, something that is catering to the neighborhood. He explained that the commercial component is not for a retail store, but more for an Entastophos, a realtor, a dry cleaner, etc. because there may be a need for some small retail, assuming the traffic patterns could be met and it would not be of a destructive nature. Originally he came and asked if he could put commercial all along Willoughby Road, however, that does not make any sense because the traffic issues just wont work, so what has been done in the northeast part of the United States is to have housing developments that have a center core where there will an area like a town square. It has small retail shops, offices, things that are more neighborhood friendly that people living there would use as support because they could walk to them or pick up something on the way home rather than having to go to a major big box user. The fourth component of this is a park on the west side of the property. He stated that the neighborhood to the west is a viable neighborhood, houses sell there and there is not a lot for sale, so why put a bunch of new houses next to it that are going to hurt that neighborhood. So, the idea was to not put any single family housing and to donate this area to create a park. Right now it is used as a park and there are bike trails, motor trails, and he is sure that people walk their dogs back there. The park is primarily used by the neighborhood, so part of the compromising is to ask if there is a way that they can achieve multiple high density zoning, which is what they have to the east of them, create a PLANNING BOARD MEETING MINUTES October 2, 2001, Page 8 buffer zone which is the mid level density, like a town house type feel in the center and spread within that some small commercial office and then create a large buffer zone which is the park area to the west. This should give the neighborhood the sense that they are not going to have a Walmart backing up to them. This type of a buffer zone would protect that single family residential neighborhood from this type of a neighbor. He explained that what they have given the Board is not the site plan that they would actually propose, but rather it was to try to help achieve the desired density level. He said that he is pushing the density level a little, but if the master plan is the only thing that is looked at, they would be in the mid 800's, however, if he were to go off what a market survey says he would be in the 1200 range so he tried to fall in the middle. There is nothing like this in Lansing and it has been proven successful in California, Florida, out east in Atlanta and major metropolitan areas that are trying to rejuvenate some of their areas. Sometimes what this does is increase density levels because the bottom line is they want to balance the needs of the city and community, but also the developer needs to be considered. The developer is coming in with 30-40 million dollars. There needs to be some various legs that the project can stand on as opposed to saying they are going to go in and build only houses or apartments without retail. That is why they submitted the application the way they did at this time. The key is that they want to come back with a PRD plan that works within the allowable density level. That is why the Board members got what they got. The plan is not specific of the way the buildings will be laid out and green space it was more to try to give the Board an idea of the density level for 918 units on 60 acres, which is only 78 units more than the existing master plan calls for, but it also gives 6 - 10 acres back to the city to create a park in the back which is what the City has planned. Ms. Patrick said she is glad that he said what he did about the site. Normally they do not look to closely at exactly what buildings they are proposing and she wondered if they were proposing any community buildings as part of this multi family development, such as recreational facilities for the residents of the development. Mr. Sabty said that there may be a tennis court or swimming pool, but it would have a buffer zone so that the people coming in to use the office would not be able to use these facilities, they would be just for the community. General discussion ensued regarding the community facilities. PLANNING BOARD MEETING MINUTES October 2, 2001, Page 9 Mr. Frederick said this will be referred to the Zoning and Ordinance Committee, which will meet next Wednesday, October 10, 2001, at 4:00pm, 316 N. Capitol Avenue in the Planning Department Conference Room. C. Z-14-01, 1210 W. Saginaw Street, "DM-4" Residential & "J" Parking to "D-1" Professional Office District Sue Stachowiak presented the case. This is a request by Martin Property Development to rezone a 50 x 110 (5500 sq. ft.) of 1210 W. Saginaw Street. The north 42 feet of the 50 feet is zoned "J" Parking and the south 8 feet is zoned "DM-4". The applicant would like to rezone that section to "D-1" Professional Office for the purpose of constructing a facility called "Ele's Place". There is a letter in the packet from Ele's Place that explains what they do. The surrounding zoning is "DM-4" to the south and to the north is "B" Residential. They are still waiting for some of the responses to come back yet. They do not have a recommendation tonight, but will present one at the Zoning and Ordinance Committee next Wednesday. Ms. Patrick asked if this kind of facility could be built under the current zoning? Ms. Stachowiak said that in the "J" Parking district, it cannot. In fact, the north 42 feet of this 50 foot area is "J" Parking and no buildings are permitted in this district. General discussion ensued regarding the buildings allowed in the zoning. Mr. Frederick said this will be referred to the Zoning and Ordinance Committee, which will next meet Wednesday, October 10, 2001, at 4:00pm, 316 N. Capitol Avenue in the Planning Department Conference Room. 5. COMMENTS FROM THE AUDIENCE (5 minutes each) - DEB FREDERICK, 3728 STONELEIGH DR. Ms. Frederick said that she is married to the chairman of the Planning Board, however, she is hear speaking on her own behalf and not on their behalf. She lives on Stoneleigh in the area off Aurelius north of Cavanaugh. As it is known, there is a proposal to place a Cohousing Project on the old Delaney Farm on Aurelius. She would like to speak in support of that project. She had an opportunity to tour the Ann Arbor Col-lousing Development and was very impressed with the project. They saw that it met the needs of a lot of people who have unique needs such as disabled PLANNING BOARD MEETING MINUTES October 2, 2001, Page 10 folks, elderly people, people who are looking to have more involvement in where they live. She thinks that there is a real need in the community for that type of project. That project backs up to her property and she has a very deep interest in project. They have talked in the past about trying to buy some additional property behind them so that they would have more insurance that the woods and natural area would be preserved and would provide a buffer. This seems to be a perfect development to preserve the natural area because of the low density in terms of the amount of property and units that will be built in this CoHousing project. She also said that it is a great addition to the neighborhood. She would like to encourage two things. One is that there be underground utilities in this development because that is what is already in the existing residential area. Also, she would like to see the Traffic Department involved in this planning. There are two reasons for this, one is so that traffic calming planning can be provided for that community and the second part is more critical to her on a personal level. She is a member of the police commission and has been for the last 5 years. She makes it her business to bring up the fact that a good many people use the left turn lane down Aurelius to pass other traffic and it creates a pretty dangerous situation if someone is trying to turn into one of the east/west bound streets off Aurelius and someone has decided to use that center lane as a through lane. GENE NELLEN, 609 WEST STREET. He was also at the tour of the Co- Housing development on Sunday and has been interested in this process and style of living for about 10 years. He has tried in the past to do a project like this in Lansing, but this is the first opportunity to get something to this point. He feels that this is an ideal use for that land as it will allow easy access to Forest View School. This is the kind of development that Lansing needs to attract families with children of all ages, which allows them to live in Lansing their whole lives instead of just part of their lives. He encouraged the Board to look at this project seriously and encourage its development. 6. RECESS - (Zoning and Ordinance Committee to meet regarding NCU-16-01 and NCU-17-01. Urban Development Committee to meet regarding Act-22-01.) Urban Development Committee The UDC convened for the purpose of reviewing the following case: a. Act-22-01, Rundle N of Barnes, Vacate and Reduce Utility Easements Bill Rieske presented the case. The applicant, St. Casmir Church, proposes to reconstruct the church and school parking lot, and requests that the City (1) vacate the north 80' x 60' of the existing sanitary sewer easement, and (2) reduce the width of an existing 60' wide utility PLANNING BOARD MEETING MINUTES October 2, 2001, Page 11 easement to 25'. The easement would extend 7' East and 18' West of the existing sanitary sewer pipe. According to the applicant, the following positive impacts will occur as a result if this proposal is approved: 1. The existing school building encroachment (7) into the easement will cease. 2. The City will have less sewer pipe length to maintain and manhole access will improve. 3. The church will be able to implement future building plans. The Department of Public Service has stated that the 25 ft. width is sufficient to service this sewer line in the subject location, and will require the applicant to install the new manhole and bulk head and properly abandon the 80 feet of pipe north of the manhole. SUMMARY During its review of the location, character, and extent of this proposal, the Committee found that: 1 . The Southwest Area Plan designates this area for residential use (7-14 du/acre) and community facilities, and recommends separating sewer systems in areas of redevelopment. 2. The project involves a subsurface change, and the proposal action should not affect the compatibility with the surrounding land uses, vehicular and pedestrian circulation, or the site's ability to be served by the other public facilities. 3. There is no anticipated impact on the environment associated with the proposal. STAFF RECOMMENDATION Staff recommends approval of Act-22-01, the vacation of the north 80' x 60' of existing sanitary sewer easement and reduction width of the existing 60' wide utility easement to 25' East and 18' West of the existing sanitary pipe at Rundle north of Barnes (800 W. Barnes Avenue), with the following conditions: 1. The applicant install the new manhole and bulk head and properly abandon the 80' pipe north of the manhole. 2. Any site improvements must be approved through the site plan review process. PLANNING BOARD MEETING MINUTES October 2, 2001, Page 12 COMMITTEE ACTION It was moved by Ms. Keene, seconded by Ms. Patrick to recommend approval of Act-22-01, Rundle N of Barnes, Vacate & Reduce Utility Easements, with conditions as recommended by staff. On a Voice Vote, the motion carried (3-0). Adjourned. Zoning & Ordinance Committee Mr. Frederick moved; seconded by Ms. Foster that NCU-16-01, 321 Haag Court, Class A Nonconforming Status be referred to the Committee of the Whole. On a Voice Vote, the motion carried (3-0). Ms. Foster moved; seconded by Ms. Frederick that NCU-17-01, 319 Haag Court, Class A Nonconforming Status be referred to the Committee of the Whole. On a Voice Vote, the motion carried (3-0). Adjourned. 7. BUSINESS A. Minutes for Approval: September 18, 2001 Moved by Ms. Keene, supported by Ms. Patrick, to approve the minutes of September 18, 2001, with corrections. Mr. Ruge said he recalls requesting an excused absence for the September 18, 2001 meeting. Please add the word "Excused" to Absence section of Opening Session. On a Voice Vote, motion carried, the Minutes of September 18, 2001 were APPROVED w/ CORRECTIONS. B. Committee Reports 1. Zoning and Ordinance Committee - Mr. Ruge, Chair The Zoning and Ordinance Committee met in the recess and referred NCU-16-01 and NCU-17-01 to the Committee of the Whole. The next Zoning and Ordinance Committee meeting will be Wednesday, October 10, 2001, at 4:00pm, 316 N. Capitol Ave., Department Conference Room. PLANNING BOARD MEETING MINUTES October 2, 2001, Page 13 2. Urban Development Committee - Mr. Smith, Chairman. a. Act-22-01, Rundle N of Barnes, Vacate & Reduce Utility Easements Mr. Smith presented the case as previously presented in Committee. In Committee it was moved, seconded and carried unanimously (3-0) to recommend approval of Act-22-01, Rundle N of Barnes, Vacate & Reduce Utility Easements, with conditions as recommended by staff. PLANNING BOARD ACTION was as follows: Mr. Smith made a motion, seconded by Ms. Keene to recommend approval of Act-22- 01, Rundle N of Barnes, to permit vacation of the north 80' x 60' of existing sanitary sewer easement and reduction width of the existing 60' wide utility easement to 25' East and 18' West of existing sanitary sewer pipe at Rundle north of Barnes (800 W. Barnes Avenue), with the following conditions: 1 . The applicant install a new manhole and bulk head and properly abandon the 80' of pipe north of the manhole. 2. Any site improvements must be approved through the site plan review process. On a Voice Vote, there were: Ayes: 6; Nays: 0; carried; unanimous; APPROVED. The next meeting is, Tuesday, October 23, 2001, at 4 p.m., 316 N. Capitol Ave., Department Conference Room. Mr. Ruge made a motion; supported by Ms. Keene to dissolve into the Committee of the Whole. On a Voice Vote, the motion carried (6-0). 3a. Committee of the Whole - Mr. Smith, Chairman a. NCU-16-01, 321 Haag Court, Class A Nonconforming Status Susan Stachowiak presented the case. This is a request by Ferris Development for Class A Nonconforming Status for 321 Haag Court. This is an existing single family home. It is zoned "DM-3" Residential and it is nonconforming for front and side yard setback requirements and because of those nonconformities the applicant is limited to 35 percent of the PLANNING BOARD MEETING MINUTES October 2, 2001, Page 14 structures value in repairs. The current value of the structure is $16,100, 35% of that is $5,635. The applicant would like to put $88,000 into this building and cannot do so unless the Class A Status is granted. The nonconformities are that at it's closest point, the side yard setback is 1.6 feet, and since this lot is 35 feet wide, the minimum side yard setback is 10% of the lot width which is 3.5 feet so there is approximately a 2 foot nonconformity. The front yard setback requirement is a minimum of 20 feet and right now there is a 12 foot front yard setback measured to the house and 6 foot measured to the front porch, which is where a true front yard setback is measured since this is an attached porch. Staff recommends that the Class A Status be approved with the condition that the building and site improvements be completed within one year from the date of approval. Committee Action was as follows: Mr. Frederick said that this is again a situation where the ordinance really inhibits upkeep of some of Lansing's housing stock and basically this house would deteriorate further if this is not approved. He is in favor of the request and said that Ferris Development does excellent work and he is happy to see what they are doing in the City of Lansing. Mr. Frederick made a motion; seconded by Ms. Foster that NCU-16-01, 321 Haag Court, Class A Nonconforming Status be approved with the above condition. On a Voice Vote, the motion was approved (6-0). b. NCU-17-01, 319 Haag Court, Class A Nonconforming Status Susan Stachowiak presented the case. This is another request by Ferris Development for a Class A Status for 319 Haag Court which is zoned "DM-3" Residential. The applicant wishes to convert the existing 2 unit structure to a single family home and because of some setback nonconformities and in this case a lot coverage nonconformity they are limited to 35% of the value of the structure in costs for renovations. The value of this structure is $20,300. They are proposing to put $75,000 into the building. At its nearest point, the side yard setback on this lot is 2.7 feet. The requirement here is 10% of the lot width, PLANNING BOARD MEETING MINUTES October 2, 2001, Page 15 which is 3.5 feet. Also, there is a 12 foot front yard setback that is measured to the home and from the front porch, where the true front yard setback is measured they have approximately 5 feet. In addition, the percentage of lot coverage is 100%. It is noted in the staff report that the applicant intends to significantly reduce the lot coverage. She spoke with the applicant regarding this exact issue and he said they would be tearing up all the asphalt and would be limiting it to just the standard driveway as with any other single family home to park a couple cars. The staff is recommending that NCU-17-01 be approved with the condition that the building and site improvements be completed within one year from the date of this approval. Committee Action was as follows: Ms. Keene made a motion; seconded by Mr. Frederick that NCU-17-01, 319 Haag Court, Class A Nonconforming Status be approved with the above condition. On a Voice Vote, the motion was approved (6-0). Mr. Frederick asked to be recused from the vote on PRD-3-01. (Mr. Frederick left the chambers.) Mr. Ruge made a motion; seconded by Ms. Keene to remove PRD- 3-01, Planned Residential Development, 23.49 acres at 3720 Aurelius Rd. from the table. On a Voice Vote, the motion carried (5-0). a. PRD-3-01, Planned Residential Development, 23.49 acres at 3720 Aurelius Rd. John Hodges presented the case. At the last meeting a revised development plan was submitted to the Planning Board and there was a concern regarding the lack of detail on the prior development plan. The staff report was presented which indicated that the new plan did provide sufficient detail to comply with the standards of the ordinance. They are looking at a relatively low density development at 3.66 dwelling units per acre. It would be comparable to the density of a conventional development and has certain attributes to maintain the natural features of the site through the development. PLANNING BOARD MEETING MINUTES October 2, 2001, Page 16 The staff report recommends approval of PRD-3-01 with nine conditions: 1. The number of housing units within any of the three development areas does not increase; 2. The boundaries of the development areas remain unaltered; 3. The location of the road and associated infrastructure within the right-of-way do not appreciably change; 4. The areas outside the development area remain in the site condominium plan as common space; 5. The property not be divided into separately owned parcels; 6. Sidewalks be constructed along the entire frontage of Aurelius Road and Stoneleigh Drive; 7. Sidewalk extend to the end of the private road; 8. The walkway between the terminus of the private road and Stoneleigh Drive be constructed of asphalt, concrete or another acceptable material that will provide an all-weather and ADA compliance surface; and 9. Site plan review of the development phases. Committee Action was as follows: Mr. Ruge asked if the staff received a site plan that had all the information that was needed. Mr. Hodges said yes, the Board should have been given a copy of this. Mr. Ruge made a motion; seconded by Ms. Patrick that PRD-3-01, Planned Residential Development, 23.49 acres at 3721 Aurelius Rd. be approved with the nine (9) conditions listed above. Mr. Ruge said he was not at the last Planning Board meeting, but at the Zoning and Ordinance Committee meeting there was concern about the road and the fact that there are going to be three separate condominium associations that were responsible for maintaining the road. He asked Mr. Hodges to explain how this problem has been addressed. Mr. Hodges asks the Board to look at condition #5 where it states that the property will not be divided into separately owned parcels. The applicant has determined that this would be under one site condominium development but that there might be condominium associations within the overall development. By being under one development, all of the PLANNING BOARD MEETING MINUTES October 2, 2001, Page 17 common elements would be common and one organization would be responsible for the maintenance pursuant to State Statute. There could be sub-organizations but they still would need an overall condominium association and all of the common elements that are adopted in the boundaries of the site plan would be the responsibility of the overseeing association. General discussion ensued regarding the condominium association and the maintenance. On a Voice Vote, the motion was approved (5-0). Mr. Ruge made a motion; seconded by Ms. Patrick to arise from the Committee of the Whole. One a Voice Vote, the motion carried (5-0). (Mr. Frederick returned to the Chambers.) 3b. Committee of the Whole, Mr. Smith, Chairman. a. NCU-16-01, 321 Haag Court, Class A Nonconforming Status Mr. Smith presented the case. In summary this rehabilitation of a nonconforming residential structure will not create any traffic or pollution problems for the area. In terms of parking requirements, there is at least two parking spaces on the site. The applicant wants the ability to spend additional funds on the property in the future and the approval of the nonconformity will allow the applicant to accomplish that goal. This is also part of the neighborhood preservation program designed to revitalize neighborhoods through rehabilitation. Staff recommended approval with the condition that the building and site improvements be completed within one year from the date of this approval. In Committee it was moved, seconded and carried unanimously (6-0) to approve NCU-16-01, 321 Haag Court, Class A Nonconforming Status. PLANNING BOARD MEETING MINUTES October 2, 2001, Page 18 PLANNING BOARD ACTION was as follows: Mr. Smith made a motion, seconded by Ms. Keene to approve NCU-16-01, 321 Haag Court, Class A Nonconforming Status with the condition that the building and site improvements be completed within one year from the date of this approval. Frederick . . . . . . . . . . . . . . . . . . . . Aye Foster. . . Aye Patrick. . .Aye Smith . . . . . . . . . . . . . . . . . . . . . . . Aye Keene . .Ave Ruge . .Aye On a Roll call vote, there were: Ayes: 6; Nays: 0; carried; unanimous; APPROVED w/CONDITIONS. b. NCU-17-01, 319 Haag Court, Class A Nonconforming Status Mr. Smith presented the case. The summary to this is similar to the above case and most of the report has been read into the record earlier. Staff recommended approval of NCU-17-01 with the condition that this building and site improvements be completed within one year from the date of this approval. In Committee it was moved, seconded and carried unanimously (6-0) to approve NCU-17-01, 319 Haag Court, Class A Nonconforming Status. PLANNING BOARD ACTION was as follows: Mr. Smith made a motion, seconded by Ms. Keene to approve NCU-17-01, 319 Haag Court, Class A Nonconforming Status with the condition that the building and site improvements be completed within one year from the date of this approval. Frederick . . Ave Foster. . . Ave Patrick. . .Aye Smith . . Ave Keene . .Ave Ruge . .Aye On a Roll call vote, there were: Ayes: 6; Nays: 0; carried; unanimous; APPROVED w/CONDITIONS. Mr. Frederick recused himself from PRD-3-01 and Mr. Smith is giving the report and another Board member will give the motion. PLANNING BOARD MEETING MINUTES October 2, 2001, Page 19 C. PRD-3-01, Planned Residential Development, 23.49 acres at 3720 Aurelius Rd. The applicant is requesting a Planned Residential Development of 86 dwelling units on a 23.5 acre site. The location of the site is on the east side of Aurelius Road north of Cavanaugh Road. The project would involve 1-3 site condominium developments and would be a cohousing project which means that the residents participate in the design of the development. The proposed development concept does represent a method of developing this site in a manner that is sensitive to its unique environmental features in achieving a quality living environment. The proposal also poses less of an impact on surrounding properties than what would likely be the case with a conventional platting process. Staff recommended approval of PRD-3-01 conditioned on the following: 1. The number of housing units within any of the three development areas does not increase; 2. The boundaries of the development areas remain unaltered; 3. The location of the road and associated infrastructure within the ROW do not appreciably change; 4. The portions of the site outside the defined development areas remain in the site condominium plan as common space. 5. The property not be divided into separately owned parcels; 6. Sidewalks be constructed along the entire frontage of Aurelius Road and Stoneleigh Drive; 7. Sidewalk extend to the end of the private road; 8. The walkway between the terminus of the private road and Stoneleigh Drive be constructed of asphalt, concrete or another acceptable material that will provide an all-weather and ADA compliance surface; and 9. Site plan review of the development phases. PLANNING BOARD MEETING MINUTES October 2, 2001, Page 20 PLANNING BOARD ACTION was as follows: Mr. Ruge made a motion, seconded by Ms. Patrick to approve PRD-3-01, Planned Residential Development, 23.49 acres at 3721 Aurelius Road with the nine (9) conditions listed above. Foster. . . Aye Ruge . .Aye Patrick. . .Ave Smith . . . . . . . . . . . . . . . . . . . . . . . Ave Keene . .Aye On a Roll call vote, there were: Ayes: 5; Nays: 0; carried; unanimous; APPROVED w/ CONDITIONS. 4. Executive Committee - none C. Report from Planning Manager - D. Pending Items: Future action required 1. Zoning and Ordinance Committee a. Z-1-98, 1223 N.Turner St.,"H"Light Industrial District to"G-1"Business District (Tabled February 11, 1998) b. Z-5-98,401-407 E. Grand River, "F"Commercial District to"G-1"Business District(Tabled June 10, 1998) C. Z-8-2000, 3901 S. Martin Luther King Jr. Blvd., "F"Commercial to"H"Light Industrial District(Tabled June 14,2000) d. Z-15-2000, 301 W. Lenawee Street, Professional Office to"G-1" Business District(Tabled January 17,2001) e. P-1-2001,Tentative Preliminary Plat,Wexford Woods(Tabled June 13, May 9, 2001) f. PRD-2-01, "Crystal Woods", Planned Residential Neighborhood (Tabled August 15,2001) g. SLU-3-01, Cavanaugh west of Aurelius (Tabled August 15,2001) h. Z-11-01,3535 W. Mt. Hope, "F"Commercial, "J"Parking and"A"Residential to "D-1" Professional Office (Tabled September 12,2001) 2. Urban Development Committee a. Act-9-2000,201 E. Grand River Avenue, Proj. Sign Over ROW (Tabled June 27, 2000) C. Discussion of Comprehensive Planning Process. 3. Committee of the Whole 4. Planning Board a. Act-12-01, 5550 S. Pennsylvania- Market Fire Station for Salem (tabled July 3, 2001) b. Act-13-01,4801 S. Cedar Street,Acquire for Fire Station (tabled July 3,2001). 8. NEW BUSINESS - 1. Committee Assignments Mr. Frederick said he had two people request a preference. Ms. Patrick asked to stay on the Urban Development Committee. Ms. Foster expressed interest in being the liaison to the Board of Zoning Appeal. PLANNING BOARD MEETING MINUTES October 2, 2001, Page 21 Mr. Ruff said that the Council will have to make the appointment to the BZA. Mr. Frederick stated that Mr. Ruge said he was satisfied staying on the Zoning and Ordinance Committee. Ms. Keene said she would like to remain on the Urban Development Committee. Mr. Frederick said he would be staying on the Zoning and Ordinance Committee. There was discussion regarding Mr. Smith and Ms. Foster switching Committees for the time being. He asked Mr. Smith if he would be willing to switch for the remainder of Mr. Foster's class which would be until the end of December. Updated Committee Appointments: Zoning and Ordinance Committee Urban Development Committee Mr. Frederick Ms. Patrick Mr. Ruge Ms. Keene Mr. Smith (until 12/10/01) Ms. Foster (until 12/10/01) Mr. Smith asked about election of officers for the Committee. Mr. Ruff said it would be best to wait and do that in the Committees. 9. COMMENTS FROM CHAIRPERSON - Mr. Frederick thanked everyone for their indulgence being his first meeting as Chairperson. 10. COMMENTS FROM BOARD MEMBERS Ms. Keene said she does not have comments, but a question regarding the status of the new Board members. Mr. Ruff said one has been recommended for appointment through the Mayor's Office and has been referred to the Development and Planning Committee. They have not met since that referral has been made. They next meet October 16, 2001 and he hopes that person can be there, they can do their interview and make a recommendation to the Council. It would be October 22, 2001 that he would be appointed. That would bring us up to 7 and we are still short one person. General discussion regarding new Board members. Mr. Ruge asked if Mr. Ruff could fill them in on the Temple Club? Mr. Ruff said there is a situation that has arisen, not because of a City ordinance. Actually there are two things working together here. One is that the Temple Club located on E. Grand River at Cedar Street and is being developed as an PLANNING BOARD MEETING MINUTES October 2, 2001, Page 22 entertainment facility that would involve having liquor or alcohol so they would need a liquor license. The Temple Club applied for a liquor license and during this time, a church leased some retail/commercial space nearby. When the Liquor Control Commission reviewed the license application, they had received a letter from the church requesting that it not be approved and if a new license is within 500 feet of a church, they do not approve it. He is under the impression and there have been occasions in the past where churches have said well, they understand they are going into a commercial situation and so they are not going to object to liquor licenses and his understanding is that the Control Commission has been able to approve those with that letter of non objection. The City has found that the church has not gone through the process of getting a Special Land Use permit, which is required in the "F" District, similar to what they did tonight for the church on Willow in the Industrial District. An SLU application has been filed and will be heard at the November meeting. In a situation like this, from a land use standpoint, it may have no adverse affect on the surrounding area, but from a regulatory standpoint, it has a 500 foot affect. It is his understanding that the owner of the Temple Club is appealing the Liquor Control Commission's decision and will be attending a hearing on that appeal very shortly. General discussion regarding the Temple Club. Mr. Ruge asked about the sign permit with regard to this case. Is there any way this could have been cross checked so that this could have been caught? Mr. Ruff said they are talking about these issues. Sometimes, the merits of the sign, size, location, etc. are the primary focus of the evaluation. We try to be content neutral but need to pay attention to other ordinance provisions because with a tenancy situation we need to take any clue that we can on these types of issues. But, yes that is something they need to pay attention to. Discussion with staff has already taken place. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS - Mr. Frederick asked for the status of the junk cars parked by Jolly Rd. Ms. Stachowiak said she did pass that along to the Code Compliance Office. 12. ADJOURNMENT was at 9:16 p.m. Respectfully submitted James A. Ruff, Secretary, Planning Board mn091801