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HomeMy WebLinkAbout2008 Apr-Jun mins planning board FINAL Draft to Clerk July 9, 2008 Approved July 22, 2008 To Clerk July 29, 2008 Minutes of the Regular Meeting LANSING PLANNING BOARD 6:30 p.m., Second Level The Lansing Center, Governor's Room 333 E. Michigan Avenue Tuesday, July 1, 2008 ?. 1. OPENING SESSION The meeting was called to order at 6:43 p.m. by Mr. Frederick, Chair. �. ,65 A. Roll call: Present: Frederick, Cordill, Williams, Tobe, Nelson. B. Staff Attending: Stachowiak, Rieske, Johnson, Stanich. C. Excused absences: Bruch, Graham, Ruge. D. Absent: None. 2. APPROVAL OF AGENDA Mr. Williams made a motion, seconded by Ms. Cordill to approve the agenda. On a voice vote, the motion carried unanimously (5-0). 3. CONSENT ITEMS A. Minutes for Approval: June 17, 2008 The minutes of June 17, 2008 were APPROVED. B. Neighborhood Enterprise Zone (NEZ) #23 — Ottawa Butler Area This is a request by the Lansing EDC to create a Neighborhood Enterprise Zone in an area near downtown Lansing bordered by W. Ottawa Street to the south, N. MLK Blvd. to the west, W. Saginaw Street to the north, and N. Walnut Street to the east. The proposed NEZ contains the "Ottawa Block", a 5.87 acre parcel which Sycamore Street Partners, LLC has proposed for construction of a $12 million mixed use development with 50 to 70 condos. The NEZ program is a plan implementation tool to encourage the construction and improvement of.housing units located within designated zones. It would provide property tax abatements within the proposed zone to promote the major housing renovation and new construction in the subject area. The current proposal establishes the zone in which these abatements are available. Individual property owners wishing to avail themselves of this incentive apply on an individual basis, based on the PLANNING BOARD MINUTES July 1, 2008 Paqe 2 rehabilitation or construction work they propose on properties within the Neighborhood Enterprise Zone. Thus it is hoped that the proposed "Ottawa Block" development will catalyze additional improvements throughout the NEZ. On June 24, 2008, the UDC found, based upon its review of this proposal, that the proposed Neighborhood Enterprise Zone is consistent with: 1. The River Island Area Comprehensive Plan; 2. The "Goals & Objectives of the 21st Century," as adopted in May 1993; and 3. The goals and objectives of the Consolidated Plan, as prepared by the City of Lansing for the U.S. Department of Housing and Urban Development and already approved by the Planning Board and City Council annually. In Committee, the request was recommended for approval and the motion carried unanimously (3-0). APPROVED w/o Objection. 4. COMMUNICATIONS A. Letter of concern from Kay Miller regarding the plans for the City Market B. Letter of serious reservations from Carrie Potter regarding the plans for the City Market C. Letter of concern from Jeanne Donado regarding the plans for the City Market D. Letter of support from Marcie Alling regarding the City Market E. Letter of opposition from Diane Thompson, Chairperson for the Friends of the City Market, regarding the plans for the City Market 5. HEARINGS A. ACT-4-2008, 420 E. Shiawassee, Lansing City Market proposal This is a request by the City of Lansing Planning and Neighborhood Development Department to: 1) Relocate the City Market operations, currently located at 420 E. Shiawassee Street, onto park property located west of the current City Market parking lot, and 2) Make the current City Market property available for sale for a mixed-use private development (including retail, office, housing, and parking), in accordance with the Central Lansing Comprehensive Plan, and to provide easements as necessary to facilitate the proposed development. Mr. Rieske gave a brief overview. PLANNING BOARD MINUTES July 1, 2008 Page 3 Mr. Bob Johnson, resident of 800 Shiawassee Street and Director of Planning and Neighborhood Development Department and applicant, stated that the City Market was founded in 1909 and relocated to its current site in 1938. There is an economic development opportunity for the City Market and the City of Lansing continues to support the market. The City has done a lot of advertising through TV, billboards, etc. to increase support for the City Market but the City still has to subsidize it. Mr. Johnson stated that he worked closely with Sally Potter with revitalizing the market and having murals painted. In the late 1990s, there was a plan to establish the City Market as park land. The current proposal will protect this area by placing the City Market on dedicated Park land. Mr. Johnson stated that the flood plain is not an impediment and the City has taken the appropriate steps to meet the standards. He stated that in a Purdue University study, there is an increase in residential developments in downtown areas. This proposal would include this as it would be a mixed use development. This development will help support the vendors, will be energy efficient and will be better to manage the subsidy. The previous proposals were to demolish the building and not rebuild. Mr. Bob Trezise, Manager of the City of Lansing Economic Development Corporation (EDC) Office, stated that this proposal is two- fold: 1) job creation (500 new jobs), and 2) a sense of place. He stated that this proposal would create hundreds of new jobs and fill in space in the big buildings. This proposal would provide public accessibility (i.e. bicycles, walkability) along the river front. Mr. Trezise stated that he has attended 40 or more meetings and the feedback is invaluable. The EDC would prefer the City Market being open for only three seasons and not during the winter. The kitchen incubator is included to help new vendors. The new City Market would be up before the old building would be demolished and no one would be displaced. There would be 100% union labor. Mr. Trezise stated that the City Attorney is compiling information about the public vote. At this time, it does not require a public vote to sell the property. He stated that this proposal is not violating flood issues. Mr. Trezise has fond memories of his family going to the City Market every Saturday and he stated that the City Market has to be about local and organic foods. Mr. Trezise stated that this proposal would help enhance the river front. With a Parks facility in Riverfront Park, that land can never be sold without a vote of the people. PLANNING BOARD MINUTES July 1, 2008 Page 4 With the Clean Michigan Initiative Improvements (CMI) Grant, millions of dollars will be invested in Lansing's riverfront. The City is selling the current facility for the appraised value of the City Market. No one else has been interested in doing that before and this proposal is from someone who really cares about improving the City. Ms. Diane Thompson, resident of 1611 Osborn and Chair of Friends of the City Market, provided written comments to the Board and stated that Friends of the City Market support the recommendations for the City Market contained in the Central Lansing Comprehensive Plan, adopted in August 1999, and find the proposal to sell and redevelop the Market site to be inconsistent with the Comprehensive Plan. She quoted the Redevelopment Opportunities chapter from the plan and stated that the vision of the City Market is even more relevant today than it was in 1999. Her key points were: Interest in local and organic Foods is surging; Citizens want more sustainable lifestyle choices; As manufacturing jobs are lost, more people are starting their own business. Friends of the City Market do not find support in the Comprehensive Plan for a mixed use development on the City Market site. We believe that development of complementary retail and recreational uses would be appropriate on the City Market site and we support these types of uses. However, should the Planning Board find the proposed use to be appropriate, the following concerns regarding sale and redevelopment of the City Market should also be considered: The City proposes to sell the City Market property without a plan for the Market's future; A preliminary review of Department of Natural Resources files shows that the property proposed for the new market is encumbered in perpetuity for use as outdoor public recreation; The proposed new Market is much smaller than the current market; The proposed new Market is sited in a floodplain; Parking and vendor access plans are inadequate; The City Market is a historic Resource. MC Rothhorn, resident of 519 Leitram, stated that with the energy efficiencies, he hopes that the City is doing the right thing. He would like to see the City generate its own energy first before moving forward. It is important to have a plan in place for the vendors and the people and it is crucial to make the plan work. He is glad to see the new plan will be for people along the river and stated that it is great idea. It is important to have the pieces nailed down. Ms. Carol Rail, resident of 1608 W. Shiawassee Street, stated that currently the City Market is in a great location and has a sense of public space. With the new plans, the Market would be harder to get to. She stated that the Market should not be moved and that she is opposed to the plan. PLANNING BOARD MINUTES July 1, 2008 Paqe 5 Ms. Diane Sanborn, resident of 720 Seymour, stated that she sees the benefit of the City Market and has come to the Market for 40 years. It is still a wonderful place. She is a resident of the City as well as a business owner and a realtor and stated that this development will bring more people to the City Market. The plan was well thought out and a good proposal for the City. She can see the new City Market as a benefit for her Bed and Breakfast place. Mr. Brad Vauter, resident of 1805 Drexel Road, stated that he is opposed to the new development and that the new development would be adding to the hardscape of the river and too much hardscape could cause flooding. He uses the City Market a lot. He asked the Board to be careful before it approves this proposal. Ms. Mary Minor, resident of 2125 Clearview Drive, stated that she grew up on Turner Street and that she loves the old buildings. There is a nostalgia surrounding the City Market and she would like to see the current Market work. Parking is the biggest issue. Ms. Viola Baas, resident of 2009 Pattengill, stated that she has been a fan of the City Market for approximately 65 years and that the Market has a wonderful history. She is opposed to buildings along the river and would like to keep the Market where it currently is. Ms. Tiana Hauver, resident of 880 S. Bridge Street, DeWitt, stated that she is in favor of the new City Market and that it would be a jewel of the City. The current Market is not. Mr. David Weliky, resident of 1612 Forbes Street, read an email from Ms. Jane Bush of Apple Sham, who has been a vendor at the City Market for three years. She has not been asked for input regarding the City Market and she is opposed to the proposal. Mr. Dave Anderson, resident of 446 Everett, stated that he is an attorney representing the Friends of the City Market and that his office has been downtown for almost 30 years. He knows Pat Gillespie and he knows that Pat will follow through with things. Changing the City Market is not driven by a viable market. It is driven by development. He stated that there are too many unanswered questions and the City would have to change ordinances to deal with the management of the Market. The application is premature. Dr. James Anderson, resident of 968 Roxburgh, East Lansing and member of Friends of the City Market, stated that the proposal would move the Market into the floodplain. He spoke about flooding and global warming, and spoke about the flooding in Iowa. He stated that it is not wise to build in the floodplain. He asked if the structure would be built for $138 per square foot. PLANNING BOARD MINUTES July 1, 2008 Paqe 6 Ms. Emily Wenstrom, resident of 210 S. Washington Avenue, Apt. B, stated that she supports the request and that the current Market has not been properly maintained. The current building requires a lot of repairs to update and the money would be better used for the new building. The City should continue the development momentum. Ms. Susan Houghton, resident of 1324 Lansing Avenue and Manger of Giving Tree Farm, stated that she has managed Giving Tree Farm for 8 years and there are currently 24 employees. She would love to market the tree farm in Lansing and the City Market would be good advertisement for the farm. She would like to be a vendor at the City Market but stated that there is not enough foot traffic to make it work. The current Market is not a good working space. She stated that the City needs to have a solid business plan for the Market. Ms. Julann Vittone, resident of 817 Eureka and representative of Green Oaks neighborhood organization, stated that she is opposed to the proposal and that Michigan's economy is blacking. She does not see any EDC plans and referred the Board to www.detroiteasternmarket.com, which shows Detroit's EDC plan draft for enhancing the eastern market. Mr. Charlie Jenson, resident of 1805 Moores River Drive and Board Member of Lansing Entertainment and Public Facilities Authority (LEPFA), stated that LEPFA has worked very hard with the vendors and continues to work with the City to make the Market thrive, and to get continued support. He supports the proposal and wants to see it work. He stated that it is a good plan and he asked for the Board's support. Mr. Carl Calille, resident of 306 Harriet Avenue, stated that he is a long time City Market patron and that he has a lot of childhood memories of the Market. The City Market is historic and these memories are very important. He is concerned with the selling price of the appraised value of the Market property and asked how many proposals the City received. He is concerned with on-site parking and how this will affect the development on Museum Drive. He asked why the Central Garage would have to be relocated. Ms. Heather Beegle, resident of 2401 Kerry Street, stated that she has lived in larger cities and that change is a good thing. The new City Market proposal is a great opportunity and she supports it. Mr. Brian Anderson, resident of 1513 Boston Blvd. and City of Lansing Economic Development Corporation (EDC) employee, stated that from a technical standpoint, the proposal is not in the flood way and the Central Garage will not be affected by this development. The grant is from the State of Michigan Department of Natural Resources (DNR) and will be used to clean up the property. The City needs this grant in order for the development to happen. PLANNING BOARD MINUTES July 1, 2008 Page 7 Ms. Maggie Fitzpatrick, resident of 2417 Kerry Street, Apt. #6, stated that she is a student from Ohio and her studies include food and agriculture. She likes the location of the City Market and is very attached to it. She cautioned the Board to think about serving the current residents before serving future residents. Ms. Kay Miller, resident of 1897 Sunnymede Lane, stated that she is a supporter of the City Market and would like to see it succeed. There are land restrictions for the City Market property and that the current land is encumbered by a grant received back in the 1970s. As a condition of the grant, there was a use restriction on the land: it has to forever be used as outdoor recreational space. This condition needs to be clarified. With the sale of the land, the new City Market proposal is an inconsistent use. Ms. Nancy Mahlow, resident of 430 N. Fairview and President of the Eastside Neighborhood Organization (ENO), stated that she works downtown and that change is hard to accept. She supports the proposal and stated that it is a big improvement for the Market. The new proposal would allow more vendors and bring in more people. Ms. Maria Casineli, resident of 804 Bancroft, stated that she shops at the City Market and has seen a lot of improvements. She has three concerns with the new proposal: 1) sale of local and organic foods; 2) use of the kitchen space available for the vendors (there is a vendor who uses gluten free products and cannot share space with other vendors); and 3) a plan for the growth of the City Market. She stated that the new proposal would create the same amount of space as the old building and she asked how this plan would allow the City Market to grow. Ms. Kathy Kuhn, resident of 731 W. Genesee Street, stated that she works at the City Market and has a concern with the proposal. When she talked to the Mayor, she was told that it doesn't matter what she thinks about this proposal. She stated that the vendors have not had an opportunity to speak on the proposal. The Market was created by the people during the depression and it currently has 35 to 40 vendors who are small farmers, small vendors, etc. She stated that economically the Market is not accessible to vendors. She is opposed to the proposal and said to look at more options. Ms. Anita Beavers, resident of 3010 Boston Blvd., stated that she took a tour of the proposed site and that the idea of a high rise building in this area would not add to the beauty. Space and parking are limited. Developers build too quickly and without sufficient planning. She said to take the timeto review the area and have a plan that will let the public know what is forthcoming. Mr. Charles Tassinare, resident of 1220 E. Hazel Street, stated that he is opposed to the proposal and that there needs to be a referendum to sell City Property. The high rise building will cast a shadow on the river for PLANNING BOARD MINUTES July 1, 2008 Page 8 about half the day. There is not enough parking for the proposed use and with parking in other areas, access is difficult for handicapped people and families. He stated that this is a bad plan. Mr. Jesse Keys, resident of 1408 W. Kalamazoo, stated that he has been to city markets all over the world and those markets are old but they are beautiful. He is opposed to the proposal. He stated that the Friends of the City Market met with an architect and discussed how to save the current building. They are looking into funding. He stated that the City Market area looks good and is on a useable portion of the river trail. However, there is more dead zone along the river trail that is dismal and has no businesses. He stated that the Old Town portion of the river trail is not looking so good. Mr. Joel Wiese, resident of 311 Strathmore Road, stated that there are a lot of things wrong with the proposed plan and that there is no business plan. He was not allowed to post dissenting posters at the Market and he said that dissent is good. The City Market is on its way to getting better but this is not the right plan. The process has not been inclusive. Ms. Kris Zawisza, resident of 322 Westmoreland, stated that she is a vendor at the City Market and that she was a customer first when she moved here 1 '/2 years ago from Washington D.C.. She was really drawn to the Market and stated that it is a place to connect to the community. The outside of the building is not charming but inside is a place where everyone can connect. The 1990 Comprehensive Plan was right in saying that the downtown area is a place to get groceries. The City should improve and expand the current building. Mr. Woojin Jung, resident of 804 Bancroft Court, stated that he is from Korea and has only lived in the area for 5 months. He would like to hear more on changing the Market hours to fit people who work (i.e. earlier and later hours). Ms. Tiffany Dowling, resident of 614 Seymore Avenue, stated that she moved her business to the downtown area six years ago because it was more exciting. The City needs to grow the community, create livable developments and capture the energy to make the City grow. The City needs to find ways to keep students in the area and create developments that would be inviting. She does not spend much time at the Market. She stated that the Market needs to have a fresh, new appearance and there needs to be more activity near the walkway. She asked the Board to consider what the Market could be. Dave Connette, resident of 5007 Columbia Road, Mason, stated that he is a vendor at the City Market and that this proposal conflicts with the Comprehensive Plan. The City Market is doing well, much better than expected. As a vendor, he was never asked about the new proposal and stated that the vendor voices have not been heard. He stated that when the East Lansing Food Co-Operative (ELFCO) was near closing its doors, the PLANNING BOARD MINUTES July 1, 2008 Page 9 community pulled together and turned it around. Now ELFCO is doing well at the current City Market. There is 84% vendor occupancy rate at the Market and it is working very well. Ms. Prescilla Holmes, resident of 135 Island Street, stated that there is a process and the City needs to consider the Master Plan for the Market. The Market is customer-based, there is nostalgia and there is potential to save the current market. With a new building, the vendors may not be able to afford to rent a space and there would be less parking spaces. Seeing no one else wishing to speak, Mr. Frederick closed the public hearing for ACT-4-2008, 420 E. Shiawassee, Lansing City Market proposal and was referred to the next Urban Development Committee meeting scheduled to meet on Tuesday, July 22, 2008 at 4:00 p.m. in the Department Conference Room at 316 N. Capital Avenue. At this time there was a question and answer session regarding ACT-4-2008, 420 E. Shiawassee, Lansing City Market proposal. Q: Can the proposed City Market structure be built for $138 per square foot? A. Mr. Johnson stated that the City Market can be built for $138 per square foot and that there would be no land acquisition costs. Mr. John Hooper, Manager of the City Market, explained the concept of the community kitchen and how it would be used only by the new vendors. Q: How many appraisals were solicited for this proposal? A. Mr. Johnson stated that there was only one appraisal for this proposal. Q. How many on-site parking spaces will be available for the vendors? A. Mr. Johnson stated that there will be approximately 57 spaces available for the vendors. Q. How will this development affect the traffic flow on Museum Drive? A. Mr. Johnson stated that the traffic will continue to be 2-way traffic. Q. When the City Charter requires that multiple bids be submitted for the sale of public property, why is this being ignored? A. Mr. Johnson stated that the City determines its disposition procedures in accordance with the City Administration Code, which does not require multiple bids. Q. How does the City think it can sell the property without holding a referendum to approve the sale? A. Mr. Johnson stated that the City is working with the Law Department and a referendum would not be a hindrance. PLANNING BOARD MINUTES July 1, 2008 Page 10 Q. Were developers other than Pat Gillespie asked to submit bids to purchase the property? A. Mr. Johnson stated that there was only one proposal. Q. Why is the City proceeding without a business plan? A. Mr. Eric Hart stated that there is a plan being drawn and that the City Market function will be retained. Q. Why is the proposed City Market smaller than the existing building? A. Mr. Eric Hart stated that the current City Market has had vendor occupancy in the 60 to 75% range and that there is an upswing in the summer months. The proposed building was designed for expansion to a second story, if needed. It is better to add space when needed rather than to have space that sits vacant. Q. Has the Law Department considered the restriction of the space for the new City Market open recreation space because of the 1970's Federal Improvement Grant? A. Mr. Johnson stated that he is not aware of any restrictions. This concludes the question and answer session. Mr. Frederick asked staff to have all comments transcribed for the Urban Development Committee meeting. 6. COMMENTS FROM THE AUDIENCE (2 minutes each) Seeing no one wishing to address the Board, Mr. Frederick closed the public comment period. 7. RECESS was not taken by the Board. 8. BUSINESS SESSION A. Committee Reports 1. Zoning and Ordinance Committee, Mr. Ruge, Chair Next meeting, Wednesday, July 9, 2008, at 4:00 p.m., 316 N. Capitol Ave., Department Conference Room 2. URBAN DEVELOPMENT COMMITTEE, Ms. Cordill, Chair Next meeting, Tuesday, July 22, 2008, at 4:00 p.m., 316 N. Capitol Ave., Department Conference Room. 3. COMMITTEE OF THE WHOLE PLANNING BOARD MINUTES July 1, 2008 Page 11 4. EXECUTIVE COMMITTEE B. Old Business C. Report from Planning Manager— None. D. Pending Items: Future action required 1. Zoning and Ordinance Committee 2. Urban Development Committee a. Master Plan Project 3. Committee of the Whole 4. Planning Board 9. NEW BUSINESS 10. COMMENTS FROM CHAIRPERSON — None. 11. COMMENTS FROM BOARD MEMBERS Ms. Cordill referred to Sector 245.01 of the Admin Code, which designates the City Market location and provides a legal description. Mr. Rieske stated that the staff report will address this. Mr. Williams stated that Mr. Frederick ran a good meeting. Board members and staff concurred. 12. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS a. Dollar Store-Willow Street& MLK Blvd. -landscaping & buffering (May 20, 2003) b. W.Willow Street-Grace Tabernacle Church-no landscaping (May 4, 2004) c. 2702 S. Cedar Street- no landscaping (May 18, 2004) d. 2410 S. Pennsylvania Ave.-no landscaping (November 3, 2004) e. 2200 W. Holmes Road- Bad Habits-excessive signs(May 3, 2005) f. 2618 Cavanaugh Road. -registered rental&front yard paved, used for parking (October 4,2005) g. Clarion Hotel—two big signs advertising Great Lakes Condominiums (December 5, 2006) h. The Firm—review requirements for fenced outdoor patio(December 5, 2006) i. Washington Square Tavern —permanent outdoor patio & inadequate room on the sidewalk (November 20, 2007) 13. ADJOURNMENT - Meeting was adjourned at 9:15 p.m. Respectf lly submitted, William C. Rieske, Secretary, Planning Board PBMinutes.070108.doc Approved as written 7-1-08 Draft to Clerk June 19,2008 Approved July 1, 2008 To Clerk July 7, 2008 Minutes of the Regular Meeting LANSING PLANNING BOARD 6:30 p.m., Main Level Fire Station #1, Community Room , 120 E. Shiawassee Street Tuesday, June 17, 2008 1. OPENING SESSION a The meeting was called to order at 6:33 p.m. by Mr. Frederick, Chair. A. Roll call: Present: Frederick, Cordill (arrived at 6:37), Williams, Tobe, Nelson. B. Staff Attending: Stachowiak, Stanich, Hodges. C. Excused absences: Bruch, Ruge. D. Absent: Graham. 2. APPROVAL OF AGENDA Mr. Frederick removed the June 3, 2008 minutes from the Consent Agenda. Ms. Nelson made a motion, seconded by Mr. Williams to approve the agenda as amended. On a voice vote, the motion carried unanimously (4-0). 3. COMMUNICATIONS — None. 4. HEARINGS — None. 5. COMMENTS FROM THE AUDIENCE (3 minutes each) Ms. Charlotte Sinadinos, applicant for ACT-8-2008, 320 E. Michigan Avenue, stated that the planning staff offered two choices for locating the sidewalk cafe and the Planning Board chose to recommend that the seating area be located near the curb. She would prefer to have the seating area next to the building and stated that she has reduced the seating area to one row of tables so that there will be a clear walking path. If the seating is not located next to the building, the door will open in to the pedestrian traffic and be a safety issue. She presented pictures to the Board that showed both scenarios. Mr. Williams asked if the photos are the same as the original plan. Ms. Sinadinos stated that the size has been reduced to 7 feet. Mr. Williams stated that what Ms. Sinadinos is requesting makes more sense having seen the photos. PLANNING BOARD MINUTES June 17 2008 Page 2 Mr. Eric Hewitt, City Council Member, stated that he went to The Knight Cap to look at the issue and concurs with the applicant. Having the seating next to the building would be more appropriate in this area and would be less hazardous to pedestrians since The Exchange also has their sidewalk cafe located next to the building. Seeing no one else wishing to address the Board, Mr. Frederick closed the public comment period. 6. RECESS was not taken by the Board. 7. BUSINESS SESSION A. Consent Items — None. B. Committee Reports 1. Zoninq and Ordinance Committee, Mr. Frederick Next meeting, Wednesday, July 9, 2008, at 4:00 p.m., 316 N. Capitol Ave., Department Conference Room 2. URBAN DEVELOPMENT COMMITTEE, Ms. Cordill, Chair Next meeting, Tuesday, June 24, 2008, at 4:00 p.m., 316 N. Capitol Ave., Department Conference Room. 3. COMMITTEE OF THE WHOLE 3. EXECUTIVE COMMITTEE C. Old Business 1. ACT-08-2008, 320 E. Michigan Ave., The Knight Cap, Sidewalk Cafe with Alcohol This is a request by The Knight Cap Inc. to locate a sidewalk cafe in the City ROW fronting their business at 320 E. Michigan. The sidewalk cafe would be open for lunch and dinner and would serve alcohol. The tables and chairs would be surrounded by a portable barrier, all of which would be taken in each evening at closing. Ms. Stachowiak stated that this is a reconsideration of ACT-08- 2008. Staff recommended approval of ACT-08-2008, 320 E. Michigan Ave., The Knight Cap, Sidewalk Cafe with Alcohol to PLANNING BOARD MINUTES June 17, 2008 Page 3 locate a sidewalk cafe in the City right-of-way fronting their business at 320 E. Michigan, subject to the barrier surrounding the cafe area being configured as follows: 1. be no closer than 3 feet from the curb, 3 feet from the parking meter, and at least 5 feet from the building; or 2. located in the area adjacent to the building that extends west of the entryway and no greater than 7 feet in width. In Committee, the request was recommended for approval with conditions. Mr. Hodges stated that the applicant did not attend the last meeting because she was not given adequate notice and therefore did not get a chance to make comments. Mr. Williams stated that the City needs more, not less, of this type of outdoor seating. Mr. Frederick stated that he has had experiences with sidewalk seating on Washington Avenue and there have been some abuses. Some business owners have bolted fences to the sidewalk and these violations have not been corrected. After seeing the pictures, the requested seating pattern is probably the best scenario. Mr. Williams made a motion, seconded by Ms. Nelson, to recommend approval of ACT-08-2008, 320 E. Michigan Ave., The Knight Cap, Sidewalk Cafe with Alcohol Service, to locate a sidewalk cafe in the City right-of-way fronting their business at 320 E. Michigan, subject to: 1) the barrier surrounding the sidewalk cafe being located in the area adjacent to the building that extends west of the entryway and no greater than 7 feet in width; and 2) The barrier not being permanently affixed to the sidewalk. Frederick . . Ave Cordill. . . Ave Williams . . Ave Nelson. . . Ave Tobe . . . . . . . . . . . . . . . . . . . . . . . . Ave On a roll call vote, there were: Ayes: 5; Nays: 0; carried; unanimous. Approved. D. Report from Planning Manager Mr. Frederick asked the Board for an appropriate length of time for people to speak at the public hearing on July 1st for the City Market proposal. After careful consideration, the overall consensus was to limit the speakers to two minutes. PLANNING BOARD MINUTES June 17, 2008 Page 4 Mr. Williams made a motion, seconded by Ms. Nelson to allow two minutes for public speakers at the City Market public hearing on July 1, 2008. On a voice vote, the motion carried unanimously (5-0). E. Pending Items: Future action required 1. Zoninq and Ordinance Committee 2. Urban Development Committee a. Master Plan Project 3. Committee of the Whole 4. Planning Board 8. NEW BUSINESS A. Minutes for Approval: June 3, 2008 The minutes of June 3, 2008 were APPROVED w/CORRECTIONS. Pg. 7, Under the motion, change "Tobe" to "Nelson" and change Dr. Bruch's vote from "Nay" to "Aye" 9. COMMENTS FROM CHAIRPERSON Mr. Frederick stated that there is a neighborhood meeting scheduled for tomorrow night regarding The Grand Fish proposal. He stated that the Mayor's Office was concerned with outdoor music being amplified and that the Mayor's Office should have sent a representative to discuss this matter with the Board. 10. COMMENTS FROM BOARD MEMBERS Ms. Cordill asked if the Board members' membership to the American Planning Association was cancelled. Ms. Stachowiak stated that it was cancelled. Ms. Cordill requested an excused absence for the July 15, 2008 meeting. Mr. Williams made a motion, seconded by Ms. Nelson to approve an excused absence request from Ms. Cordill for the July 15, 2008 meeting. On a voice vote, the motion carried unanimously (5-0). Ms. Tobe requested an excused absence for the July 15, 2008 meeting. Mr. Williams made a motion, seconded by Ms. Nelson to approve an excused absence request from Ms. Tobe for the July 15, 2008 meeting. On a voice vote, the motion carried unanimously (5-0). PLANNING BOARD MINUTES June 17, 2008 Page 5 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS — None. a. Dollar Store-Willow Street& MLK Blvd.-landscaping &buffering (May 20, 2003) b. W.Willow Street-Grace Tabernacle Church-no landscaping (May 4, 2004) c. 2702 S. Cedar Street-no landscaping (May 18, 2004) d. 2410 S. Pennsylvania Ave. -no landscaping (November 3, 2004) e. 2200 W. Holmes Road- Bad Habits-excessive signs (May 3, 2005) f. 2618 Cavanaugh Road. -registered rental&front yard paved, used for parking (October 4,2005) g. Clarion Hotel—two big signs advertising Great Lakes Condominiums (December 5,2006) h. The Firm—review requirements for fenced outdoor patio(December 5, 2006) i. Washington Square Tavern —permanent outdoor patio & inadequate room on the sidewalk (November 20, 2007) Mr. Frederick asked that Ms. Stachowiak follow up with Council Member Hewitt regarding the sidewalk cafe violations on S. Washington Square. 12. ADJOURNMENT - Meeting was adjourned at 7:20 p.m. Res ec fully submitted, William C. Rieske, Secretary, Planning Board PBMinutes.061708.doc APPROVED WITH CORRECTIONS: Draft to Clerk June 11,2008 Pg 7, under the motion, change "Tobe"to"Nelson"; Bruch's vote "Nay"s/b "Aye" Approved June 17, 2008 To Clerk June 18,2008 Minutes of the Regular Meeting LANSING PLANNING BOARD r ; 6:30 p.m., Department Conference Room �9= Planning and Neighborhood Development `_) r ` 316 N. Capitol Avenue, Suite C-2 !, Tuesday, June 3, 2008 1. OPENING SESSION c= r The meeting was called to order at 6:34 p.m. by Mr. Frederick, Chair. A. Roll call: Present: Frederick, Ruge, Bruch, Cordill, Williams, Nelson. B. Staff Attending: Stachowiak, Rieske, Stanich, Hodges. C. Excused absences: Tobe. D. Absent: Graham. Mr. Ruge made a motion, seconded by Dr. Bruch to approve an excused absence request from Ms. Tobe for tonight's meeting. On a voice vote, the motion carried unanimously (6-0). 2. APPROVAL OF AGENDA Mr. Frederick requested that ACT-8-2008 be removed from the Consent Agenda and referred to the Committee of the Whole. Mr. Williams made a motion, seconded by Ms. Cordill to approve the agenda as amended. On a voice vote, the motion carried unanimously (6-0). 3. COMMUNICATIONS A. Letter of opposition from Louis U. G. Crenshaw regarding Z-5-2008 B. Letter of opposition from a concerned neighbor regarding Z-5-2008 4. HEARINGS A. Z-5-2008, 538 Isbell Street, "C" Residential District to "F-1" Commercial District This is a request by James & Carol Taylor to rezone the property at 538 Isbell Street, more specifically described as: Lot 3, Block 1, South Park Addition, City of Lansing, Ingham Co., MI from "C" Residential District to 74' Commercial District. The purpose of the rezoning is to permit the building at 538 Isbell Street to be used for a PLANNING BOARD MINUTES June 3, 2008 Page 2 neighborhood convenience store with a secondary residential use. Ms. Stachowiak gave a brief overview. Ms. Cordill asked if there would be a permanent sign. Ms. Stachowiak stated that there would be a small sign in front of the store. Ms. Cordill asked about the hours of operation and stated that having the store close at 10:00 p.m. would be more appropriate. Ms. Nelson asked if the store would be accepting EBT cards or WIC. The applicant stated that they are planning to accept them and are in the process of getting the necessary certification. Ms. Nelson asked if the store would have deli foods. The applicant stated that the store would only carry basic household items. Ms. Nelson asked if the rear apartment has access to the store. The applicant stated that the apartment was closed off from the store. Dr. Bruch asked about the use of the motor home behind the store. The applicant stated that it is there as a place for her grandkids to go and watch movies and hang out. Dr. Bruch asked if motor homes are allowed. Ms. Stachowiak stated they are not allowed. The applicant stated that the motor home would be removed. Dr. Bruch asked about the barking dog. The applicant stated that the dog is there for protection at night and that they will take the dog in when it barks. Ms. Cordill asked about prepackaged foods. Ms. Stachowiak stated that the store can have salads and deli meats but it would not be appropriate to stay and eat on the premises. The applicant considered selling hot dogs and slices of pizza. Ms. Stachowiak stated those would be okay. Mr. Frederick asked for a definition of a motor vehicle service station. Ms. Stachowiak stated it would include a gas station and auto repair. Mr. Frederick stated that food sold at the store should not be consumed on the premises because of Health Department issues. Ms. Carol Taylor, applicant, stated that she has 77 more signatures supporting this request and that the residents love the store. Children can walk to the store and be safe. The store has a no tolerance for riff-raff. She stated that about 90% of the residents in the Pennsylvania/ Washington area to Baker/Mount Hope area signed the petition to have the store in the neighborhood. The store is doing a good job and does not have expensive prices. The items being sold are less expensive than any PLANNING BOARD MINUTES June 3, 2008 Page 3 of the other stores. The store has a family environment and the customers consider the owners family. The neighborhood needs the store. Ms. Eleanor Miller, resident of 1112 E. Grand River, stated that the store sounds like a good idea. Seeing no one else wishing to speak, Mr. Frederick closed the public hearing for Z-5-2008, 538 Isbell Street, "C" Residential District to 7-1" Commercial District and was referred to the business portion of tonight's meeting. B. Z-6-2008, 1022 & 1112 E. Grand River Avenue, "F" Commercial District to "C" Residential District This is a request by Steven & Karylinda Leathern and Eleanor Miller to rezone the properties at 1022 & 1112 E. Grand River Avenue, more specifically described as: Lot 5, S.H. Persons Addition & Lot 1, Assessors Plat No 25, City of Lansing, Ingham Co., MI from "F" Commercial District to "C" Residential District. The purpose of the rezoning is to bring the single family residential use of the properties into compliance with the Zoning Ordinance. Ms. Stachowiak gave a brief overview. Dr. Bruch asked if the Planning Office should send a letter regarding the different programs available to the residents and stated that it would be beneficial for them to rezone as well. Ms. Cordill inquired about a 2-unit designation in the "C" Residential District. Ms. Stachowiak stated that the homes cannot be a duplex because the lot sizes are too small. Ms. Karylinda Leathern, applicant, stated that she is a student at Lansing Community College and purchased a home in Lansing to be closer to the school. The home currently has outdated electric and needs some updates. There are safety hazards with the home and if her house catches on fire, then her neighbor's home would also catch on fire because they are very close together. Ms. Vickie Miller, resident of 1112 E. Grand River, stated that there is a skywalk close to her home and since the house was demolished, there is a lot of drug loitering and trespassing. She stated that if there is commercial, the area will continue to have problems and safety issues. The neighborhood does not need more stores because they would be more hazards for the kids. PLANNING BOARD MINUTES June 3, 2008 Page 4 Ms. Elinore Miller, resident of 1112 E. Grand River, stated that so many commercial businesses have not succeeded in this area. Seeing no one else wishing to speak, Mr. Frederick closed the public hearing for Z-6-2008, 1022 & 1112 E. Grand River Avenue, 7" Commercial District to "C" Residential District and was referred to the Consent Agenda for tonight's meeting. 5. COMMENTS FROM THE AUDIENCE (3 minutes each) Ms. Carol Taylor, resident of 835 E. Saginaw Street, stated that on E. Park Terrace there are no curbs and gutters and there are lots of pot holes. The City needs to look at this. As far as snow plowing, the residents have plowed the street in the winter. Mr. Frederick asked that the Planning Office refer this to the Mayor's Office and the Public Service Department. Seeing no one else wishing to address the Board, Mr. Frederick closed the public comment period. 6. RECESS was taken by the Board. 7. BUSINESS SESSION A. Consent Items 1. Minutes for Approval: May 6, 2008 The minutes of May 6, 2008 were APPROVED w/o objection. 2. ACT-10-2008, W. Washtenaw, Walnut to Pine, Vacate ROW Strip along S. Side This is a request by the Michigan Department of Management and Budget to have the City vacate a narrow strip of right of way (ROW) running on the south side of W. Washtenaw, just north of the Lewis Cass Building. This ROW strip is roughly linear, and measures 742.5' long and 5.5' to 7.9' wide. The state has long had an existing parking lot at that location which encroaches on the subject ROW. Attached are some photos of the subject ROW, and an aerial photo which depicts the encroachment. APPROVED w/o discussion PLANNING BOARD MINUTES June 3, 2008 Page 5 3. ACT-1 1-2008, Truck Court, Easement for Storm & Sanitary Sewer This is a request by the Department of Public Service to have the City acquire an easement at 624 Truck Court for the construction of storm and sanitary sewer. Truck Court is a short irregularly shaped street ROW, approximately 210', which juts eastward off of N. Larch, just south of Saginaw Street. An abandoned, privately-owned railroad ROW defines the southern edge of Truck Court, as well as the subject property (624 Truck Court), which is at the east end of the street. 624 Truck Court and 612 N. Larch Street are served by a cross-lot combined sewer. The combined sewer is in poor condition. The utility easement will allow the Public Service Department to construct a new public storm and a new public sanitary sewer to service these two properties. APPROVED w/o discussion 4. Z-6-2008, 1022 & 1112 E. Grand River Avenue, "F" Commercial District to "C" Residential District This is a request by Steven & Karylinda Leathern and Eleanor Miller to rezone the properties at 1022 & 1112 E. Grand River Avenue, more specifically described as: Lot 5, S.H. Persons Addition & Lot 1, Assessors Plat No 25, City of Lansing, Ingham Co., MI from "F" Commercial District to "C" Residential District. The purpose of the rezoning is to bring the single family residential use of the properties into compliance with the Zoning Ordinance. APPROVED w/o discussion B. Committee Reports 1. Zoninq and Ordinance Committee, Mr. Ruge, Chair Next meeting, Wednesday, June 11, 2008, at 4:00 p.m., 316 N. Capitol Ave., Department Conference Room 2. URBAN DEVELOPMENT COMMITTEE, Ms. Cordill, Chair a. ACT-08-2008, 320 E. Michigan Ave., The Knight Cap, Sidewalk Cafe with Alcohol PLANNING BOARD MINUTES June 3, 2008 Page 6 This is a request by the Knight Cap Inc. to locate a sidewalk cafe in the City right-of-way fronting their business at 320 E. Michigan. The sidewalk cafe would be open for lunch and dinner and would serve alcohol. The tables and chairs would be surrounded by a portable barrier, all of which would be taken in each evening at closing. Staff recommended approval of ACT-08-2008, 320 E. Michigan Ave., The Knight Cap, Sidewalk Cafe with Alcohol to locate a sidewalk cafe in the City right-of-way fronting their business at 320 E. Michigan, subject to the barrier surrounding the cafe area being configured as follows: 1. be no closer than 3 feet from the curb, 3 feet from the parking meter, and at least 5 feet from the building; or 2. located in the area adjacent to the building that extends west of the entryway and no greater than 7 feet in width. In Committee, the request was recommended for approval with the barrier conditions. Mr. Ruge asked why the Principal Shopping District is not handling this request. Mr. Hodges stated because of the sale of alcohol, the request has to go through the ACT 285 Review process and be approved by the City Council. Mr. Williams stated that in order for MDOT to approve the request, it has to first be approved by the City. Mr. Frederick stated that as part of the conditions, he would like to see the tables and barrier taken in every evening. Mr. Hodges stated that other businesses in the area haven't had to do this. Mr. Ruge stated that he is concerned with this because he does not see a reason to single out The Knight Cap. Mr. Frederick withdrew his request and stated that he does not want the barrier permanently affixed to the sidewalk. He also stated that there are safety issues with handicap and blind people with these types of things. He recently saw a blind man almost fall over a barrier. Mr. Rieske stated that he would address this again with the Principal Shopping District and the Public Service Department. Mr. Williams asked if the Board could send a letter to the City Attorney or the property owners of The Firm regarding the violations because they have not complied with the City's requests. Ms. Nelson stated that the Washington Square Tavern is also in violation and needs a letter from code enforcement. PLANNING BOARD MINUTES June 3, 2008 Page 7 Mr. Frederick stated that it would be better if the tables were closer to the street to keep a clear path next to the building. Mr. Williams stated that if The Exchange does not do the same thing then it creates a zig zag for visually handicapped people. Mr. Frederick requested that condition #2 be stricken from the list. Mr. Williams suggested that The Knight Cap work with The Exchange to have a consistent plan for the pedestrian walkway. Ms. Cordill made a motion, seconded by Mr. Williams, to recommend approval of ACT-08-2008, 320 E. Michigan Ave., The Knight Cap, Sidewalk Cafe with Alcohol Service to locate a sidewalk cafe in the City right-of-way fronting their business at 320 E. Michigan, subject to: 1) The barrier surrounding the cafe area being located no closer than 3 feet from the curb, 3 feet from the parking meter, and at least 5 feet from the building; and 2) The barrier is not permanently affixed to the sidewalk. The Board further recommended that The Knight Cap work with The Exchange to have a consistent plan for outdoor seating and pedestrian circulation. Frederick . . . . . . . . . . . . . . . . . . . . Ave Bruch . Ave Ruge. . . Ave Cordill. . . Ave Williams . . Ave Tebe Nelson. . . Ave On a roll call vote, there were: Ayes: 6; Nays: 0; carried; unanimous. Approved. Next meeting, Tuesday, June 24, 2008, at 4:00 p.m., 316 N. Capitol Ave., Department Conference Room. Ms. Cordill made a motion, seconded by Mr. Williams to dissolve into the Committee of the Whole. On a voice vote, the motion carried unanimously (6-0). 3a. COMMITTEE OF THE WHOLE, Mr. Williams a. Z-5-2008, 538 Isbell Street, "C" Residential District to "F-1" Commercial District This is a request by James & Carol Taylor to rezone the property at 538 Isbell Street, more specifically described as: Lot 3, Block 1, South Park Addition, City of Lansing, Ingham Co., MI from "C" Residential District to "F-1" Commercial District. The purpose of the rezoning is to permit the building at 538 Isbell Street to be used for a neighborhood convenience store with a secondary residential use. PLANNING BOARD MINUTES June 3, 2008 Page 8 Ms. Cordill asked about contract zoning and if there was a reason why the store would be open so late at night. The applicant stated that late hours are for the customer's convenience. The current hours of operation are: Sunday through Thursday, 9:00 a.m. to 10:00 p.m. and Friday and Saturday, 10:00 a.m. to midnight. They purchased the building February 8th and opened the story in April. Mr. Frederick recommended that the wording be changed in the Board's recommendation to no auto repairs or gasoline stations allowed, and that there be no food consumed on the premises. Mr. Ruge made a motion, seconded by Ms. Nelson to recommend approval of Z-5-2008, 538 Isbell Street, "C" Residential District to 7-1" Commercial District with the condition that the site cannot be used for the sale of alcohol, a motor vehicle service station, restaurant (no food/drinks consumed on the property by customers), vehicle sales business and a stand alone parking lot. On a voice vote, the motion carried unanimously (6-0). Dr. Bruch made a motion, seconded by Ms. Nelson to arise from the Committee of the Whole. On a voice vote, the motion carried unanimously (6-0). 3b. COMMITTEE OF THE WHOLE a. Z-5-2008, 538 Isbell Street, "C" Residential District to 7-1" Commercial District This is a request by James & Carol Taylor to rezone the property at 538 Isbell Street, more specifically described as: Lot 3, Block 1, South Park Addition, City of Lansing, Ingham Co., MI from "C" Residential District to "F-1" Commercial District. The purpose of the rezoning is to permit the building at 538 Isbell Street to be used for a neighborhood convenience store with a secondary residential use. Mr. Williams made a motion, seconded by Dr. Bruch, to recommend approval of Z-5-2008, 538 Isbell Street, "C" Residential District to 7-1" Commercial District with the condition that the site cannot be used for the sale of alcohol, a motor vehicle service station, restaurant (no food/drinks consumed on the property by customers), vehicle sales business and a stand alone parking lot. Frederick Ave Bruch Ave Ruge. Ave Cordill. Ave PLANNING BOARD MINUTES June 3, 2008 Page 9 Williams . . Aye Nelson. . . Ave On a roll call vote, there were: Ayes: 6; Nays: 0; unanimous. Approved. 4. EXECUTIVE COMMITTEE C. Old Business — None. D. Report from Planning Manager Mr. Rieske handed out Design Lansing flyers to the Board members and stated that the May 22nd public workshop regarding the Saginaw-Oakland corridor meeting was successful, with approximately 30 people in attendance. The next meeting is June 26t" at the Clark Center on the Sparrow Health Center's St. Lawrence Campus. There will be another meeting on September 4tn Mr. Williams stated that the meeting was very informative and that he was impressed with the JJR group. E. Pending Items: Future action required 1. Zoning and Ordinance Committee 2. Urban Development Committee a. Master Plan Project 3. Committee of the Whole 4. Planning Board 8. NEW BUSINESS — None. 9. COMMENTS FROM CHAIRPERSON — None. 10. COMMENTS FROM BOARD MEMBERS Dr. Bruch requested excused absences for the summer meetings. Ms. Cordill made a motion, seconded by Mr. Williams to approve excused absence requests from Dr. Bruch for the June 17t", July 1st and 15t", and August 5t" meetings. On a voice vote, the motion carried unanimously (6-0). Ms. Cordill made a motion, seconded by Dr. Bruch to approve an excused absence request from Ms. Nelson for the May 6t" meeting. On a voice vote, the motion carried unanimously (6-0). PLANNING BOARD MINUTES June 3, 2008 Page 10 Dr. Bruch made a motion, seconded by Ms. Cordill to approve an excused absence request from Mr. Williams for the May 6th meeting. On a voice vote, the motion carried unanimously (6-0). Mr. Ruge requested excused absences for the June 17th and the July 1st meetings. Mr. Williams made a motion, seconded by Dr. Bruch to approve excused absence requests from Mr. Ruge for the June 17th and July 1st meetings. On a voice vote, the motion carried unanimously (6-0). Ms. Cordill asked about the status of Ms. Graham since she has not been in attendance. Ms. Stachowiak stated that when Ms. Graham was accepted to the Board, there were scheduling conflicts. Instead of having Ms. Graham resign, it was decided that Ms. Graham would join the Board once the school year ended. Ms. Cordill asked about the new City Market proposal and if the City has looked at other proposals for the existing building. She stated that she likes the area down by the river walk and it would be a loss to the City if the old market was removed. There was a discussion about the new City Market proposal and if there was information available for the Board members to review in advance of the public hearing. There was also a discussion about the reuse of the existing City Market building and if the Historic District Committee will be addressing it. Mr. Rieske stated that there had been a discussion with the Historic District Commission regarding the building. The City needs to take into consideration the age of the building and the operational expenses. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS — None. a. Dollar Store-Willow Street& MLK Blvd. -landscaping &buffering (May 20, 2003) b. W.Willow Street-Grace Tabernacle Church-no landscaping (May 4, 2004) c. 2702 S. Cedar Street-no landscaping (May 18, 2004) d. 2410 S. Pennsylvania Ave. - no landscaping (November 3, 2004) e. 2200 W. Holmes Road-Bad Habits-excessive signs(May 3,2005) f. 2618 Cavanaugh Road. -registered rental &front yard paved, used for parking (October 4,2005) g. Clarion Hotel—two big signs advertising Great Lakes Condominiums (December 5,2006) h. The Firm—review requirements for fenced outdoor patio(December 5, 2006) i. 4311 S. Cedar Str.—barber shop in a residential neighborhood & illegal signs (April 3, 2007) j. Washington Square Tavern—permanent outdoor patio&inadequate sidewalk(November 20, 2007) Ms. Stachowiak stated that item i will be removed from the list because the owner has complied with the City's requirements. 12. ADJOURNMENT - Meeting was adjourned at 8:23 p.m. PLANNING BOARD MINUTES June 3, 2008 Page 11 Respectfully submitted, - William C. Rieske, Secretary, Planning Board PBMinutes.060308.doc Approved as written 6-3-08 Draft to Clerk May 9,2008 Approved June 3,2008 To Clerk June 13,2008 Minutes of the Regular Meeting LANSING PLANNING BOARD -- 6:30 p.m., Main Levelk, Fire Station #1, Community Room ` C' ' 120 E. Shiawassee Street Thursday, May 6, 2008 CD 1. OPENING SESSION 1.) The meeting was called to order at 6:45 p.m. by Mr. Frederick, Chair. A. Roll call: Present: Frederick, Ruge, Bruch, Tobe. B. Staff Attending: Stachowiak, Rieske. C. Excused absences: Cordill, Williams, Nelson. D. Absent: Graham. Dr. Bruch made a motion, seconded by Mr. Ruge to approve an excused absence request from Ms. Cordill for tonight's meeting. On a voice vote, the motion carried unanimously (4-0). 2. APPROVAL OF AGENDA Dr. Bruch made a motion, seconded by Ms. Tobe to approve the agenda. On a voice vote, the motion carried unanimously (4-0). 3. COMMUNICATIONS — None. 4. HEARINGS — None. 5. COMMENTS FROM THE AUDIENCE (3 minutes each) Mr. Ken Settimo, 533 Cherry Street, spoke regarding SLU-1-2008 and stated that his main concern is the noise. He has done a lot of research since the last meeting and has worked with Marshall Music. He found out that there are a lot of technology options available with directional speakers to control the sound and the acoustics. He stated that he can control the sound and still have amplified music within a controlled area. He stated that he is not trying to disturb the neighbors but that some amplification is necessary if there is going to be music. Ms. Penny Strang, resident of 309 E. St. Joseph Street, spoke regarding SLU- 1-2008 and stated that she is not opposed to the request but is concerned about the sound. Mr. Settimo stated that someone will be there when the site is in PLANNING BOARD MINUTES May 6, 2008 Page 2 operation. She wants to have someone available if there is a problem without having to call the police each time sound becomes a nuisance. Seeing no one else wishing to address the Board, Mr. Frederick closed the public comment period. 6. RECESS was not taken by the Board. 7. BUSINESS SESSION A. Consent Items 1. Minutes for Approval: April 17, 2008 The minutes of April 17, 2008 were APPROVED w/o objection. 2. ACT-6-2008, West ends of E. Howe and W. Howe., Acquisitions for CSO This is a request by the City of Lansing to acquire properties at the west ends of E. Howe and W. Howe streets for the CSO project. See Map 1. The properties to be acquired at the west end W. Howe, (Part A), are needed to construct an 8" sanitary sewer, a 10" storm sewer, and a hammer-head turn around at the terminus of W. Howe. The properties to be acquired at the west end of E. Howe, (Part B), are needed to extend an 8" sanitary sewer to serve the houses located on the effected parcels and a turn around at the west terminus of E. Howe. APPROVED w/o objection. B. Committee Reports 1. Zoninq and Ordinance Committee, Mr. Ruge, Chair Next meeting, Wednesday, May 14, 2008, at 4:00 p.m., 316 N. Capitol Ave., Department Conference Room 2. URBAN DEVELOPMENT COMMITTEE Next meeting, Tuesday, May 27, 2008, at 4:00 p.m., 316 N. Capitol Ave., Department Conference Room. Mr. Ruge made a motion, seconded by Dr. Bruch to dissolve into the Committee of the Whole. On a voice vote, the motion carried unanimously (4-0). PLANNING BOARD MINUTES May 6, 2008 Page 3 3a. COMMITTEE OF THE WHOLE a. SLU-1-2008, Northwest Corner - E. Hillsdale Street and River Street Special Land Use Permit - Private Recreational Use This is a request by Kenneth Settimo to utilize the vacant property at the northwest corner of E. Hillsdale and River Streets for a privately owned kayak/canoe rental business, a stage for live outdoor entertainment, a barbeque grill, outdoor food & beverage dining area, a fire pit and other amenities to create a beach type atmosphere. Privately owned recreational uses are permitted in the "DM-4" Residential district, which is the designation of the subject property, if a Special Land Use permit is approved by the Lansing City Council. Staff recommended approval of the request, with conditions. Ms. Stachowiak stated that the request is capable of complying with the criteria used for evaluating special land use permits, as long as there are controls on the noise levels and the hours of operation. Dr. Bruch stated that the proposed parking lot addition at Cherry Hill Park should be constructed of a permeable surface, particularly since it is in a floodplain. She also said that requiring the business to close at 8:00 p.m., as recommended by staff, is too restrictive. The Board members discussed the sound issue. It was determined that the recommendation by staff should be changed to allow amplified music, as long as it does not disturb the peace of the neighborhood. The Board members also discussed the possibility of using a portable cistern for water rather than having to run a water main to the property. Dr. Bruch made a motion, seconded by Mr. Frederick to recommend approval of SLU-1-2008, Northwest Corner - E. Hillsdale Street and River Street Special Land Use Permit - Private Recreational Use with the conditions that: 1) All sound is kept to a volume that is not disturbing to the peace of a residential neighborhood; 2) The business closes at 10:00 p.m.; and 3) All lights be shielded to prevent glare beyond the boundaries of the property lines. The Board further recommended that the additional parking to be installed by the applicant at Cherry Hill Park be constructed with a permeable surface, even after the two year period allowed by ordinance, and that three street trees of a species acceptable to the City Forester be planted in front of the expanded parking lot. On a voice vote, the motion carried unanimously (4-0). PLANNING BOARD MINUTES May 6, 2008 Page 4 b. P-1-2007, Valencia Blvd. — McCrackin Subdivision, Final Plat Approval This is a request by Karrie McCracken for approval of the final plat to create 10 single family residential lots on the vacant 2.563 acre parcel at the southwest end of Valencia Blvd. The property was part of Lot 13 of Supervisor's Plat of Valleau's Subdivision. Lot 13 was recently vacated by court order and is now unplatted land. The applicant is replatting the property for 10 new single family residential lots. Ms. Stachowiak stated that the final plan is in complete compliance with the approved preliminary plat and is ready for approval. Mr. Frederick made a motion, seconded by Ms. Tobe to recommend approval of P-1-2007, Valencia Blvd. — McCrackin Subdivision, Final Plat Approval. On a voice vote, the motion carried unanimously (4-0). Mr. Frederick made a motion, seconded by Dr. Bruch to arise from the Committee of the Whole. On a voice vote, the motion carried unanimously (4-0). 3b. COMMITTEE OF THE WHOLE a. SLU-1-2008, Northwest Corner - E. Hillsdale Street and River Street Special Land Use Permit - Private Recreational Use This is a request by Kenneth Settimo to utilize the vacant property at the northwest corner of E. Hillsdale and River Streets for a privately owned kayak/canoe rental business, a stage for live outdoor entertainment, a barbeque grill, outdoor food & beverage dining area, a fire pit and other amenities to create a beach type atmosphere. Privately owned recreational uses are permitted in the "DM-4" Residential district, which is the designation of the subject property, if a Special Land Use permit is approved by the Lansing City Council. Mr. Ruge made a motion, seconded by Dr. Bruch, to recommend approval of SLU-1-2008, Northwest Corner - E. Hillsdale Street and River Street Special Land Use Permit - Private Recreational Use with the conditions that: 1) All sound is kept to a volume that is not disturbing to the peace of a residential neighborhood; 2) The business closes at 10:00 p.m.; and 3) All lights be shielded to prevent glare beyond the boundaries of the property lines. The Board further recommended that the additional parking to be installed by the applicant at Cherry Hill Park be constructed with a permeable surface, even after the two year period allowed by ordinance, and that three street trees of a species acceptable to the City Forester be planted in front of the expanded parking lot. PLANNING BOARD MINUTES May 6, 2008 Page 5 Frederick Aye Bruch Aye Ruge. . . . . . . . . . . . . . . . . . . . . . .. . Aye Tobe Aye On a roll call vote, there were: Ayes: 4; Nays: 0; unanimous. Approved. b. P-1-2007, Valencia Blvd. — McCrackin Subdivision, Final Plat Approval This is a request by Karrie McCrackin for approval of the final plat to create 10 single family residential lots on the vacant 2.563 acre parcel at the southwest end of Valencia Blvd. The property was part of Lot 13 of Supervisor's Plat of Valleau's Subdivision. Lot 13 was recently vacated by court order and is now unplatted land. The applicant is replatting the property for 10 new single family residential lots. Mr. Ruge made a motion, seconded by Dr. Bruch, to recommend approval of P-1-2007, Valencia Blvd. — McCrackin Subdivision, Final Plat Approval. Frederick . . Ave Bruch . . . . . . . . . . . . . . . . . . . . . . . Aye Ruge. . . Aye Tobe . . Aye . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . On a roll call vote, there were: Ayes: 4; Nays: 0; unanimous. Approved. 4. EXECUTIVE COMMITTEE C. Old Business — None. D. Report from Planning Manager Mr. Rieske stated that the Planning Office will explore other options for meeting locations. E. Pending Items: Future action required 1. Zoning and Ordinance Committee 2. Urban Development Committee a. Master Plan Project 3. Committee of the Whole 4. Planning Board 8. NEW BUSINESS — None. PLANNING BOARD MINUTES May 6, 2008 Page 6 9. COMMENTS FROM CHAIRPERSON — None. 10. COMMENTS FROM BOARD MEMBERS Ms. Tobe requested an excused absence for the May 20th meeting. Mr. Ruge made a motion, seconded by Dr. Bruch to approve an excused absence request from Ms. Tobe for the May 20th meeting. On a voice vote, the motion carried unanimously (4-0). Dr. Bruch requested an excused absence for the May 20th meeting. Ms. Tobe made a motion, seconded by Mr. Ruge to approve an excused absence request from Dr. Bruch for the May 20th meeting. On a voice vote, the motion carried unanimously (4-0). Dr. Bruch inquired about the possibility of ordinance amendments regarding permeable paving and billboards. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS — None. a. Dollar Store-Willow Street&MLK Blvd. -landscaping&buffering (May 20, 2003) b. W.Willow Street-Grace Tabernacle Church-no landscaping (May 4, 2004) c. 2702 S. Cedar Street-no landscaping (May 18, 2004) d. 2410 S. Pennsylvania Ave. -no landscaping (November 3, 2004) e. 2200 W. Holmes Road- Bad Habits-excessive signs (May 3, 2005) f. 2618 Cavanaugh Road.-registered rental&front yard paved, used for parking (October 4,2005) g. Clarion Hotel—two big signs advertising Great Lakes Condominiums (December 5, 2006) h. The Firm—review requirements for fenced outdoor patio(December 5, 2006) i. 4311 S. Cedar Str. —barber shop in a residential neighborhood& illegal signs (April 3, 2007) j. Washington Square Tavern—permanent outdoor patio& inadequate sidewalk(November 20, 2007) Ms. Stachowiak stated that she would include a copy of the Noise Ordinance in the next packet. 12. ADJOURNMENT - Meeting was adjourned at 7:50 p.m. Respectfully submitted, William C. Rieske, Secretary, Planning Board PBMinutes.050608.doc Approved as written 5-6-08 Draft to Clerk April 22,2008 Approved May 6,2008 To Clerk May 8, 2008 Minutes of the Regular Meeting LANSING PLANNING BOARD 6:30 p.m., Capital Area District Library Auditorium, Lower Level C; Thursday, April 17, 2008 1. OPENING SESSION The meeting was called to order at 6:30 p.m. by Mr. Frederick, Chair. r A. Roll call: Present: Frederick, Ruge, Bruch, Cordill, Williams, Tobe.' B. Staff Attending: Stachowiak, Stanich. C. Excused absences: Nelson. D. Absent: Graham. 2. APPROVAL OF AGENDA Dr. Bruch made a motion, seconded by Ms. Tobe to approve the agenda. On a voice vote, the motion carried unanimously (6-0). 3. COMMUNICATIONS — None. 4. HEARINGS A. SLU-1-2008, Northwest Corner - E. Hillsdale Street and River Street Special Land Use Permit - Private Recreational Use This is a request by Kenneth Settimo to utilize the vacant property at the northwest corner of E. Hillsdale and River Streets for a privately owned kayak/canoe rental business, a stage for live outdoor entertainment, a barbeque grill, outdoor food & beverage dining area, a fire pit and other amenities to create a beach type atmosphere. Privately owned recreational uses are permitted in the "DM-4" Residential district, which is the designation of the subject property, if a Special Land Use permit is approved by the Lansing City Council. Ms. Stachowiak gave an overview. Dr. Bruch asked what type of surface would be used. Ms. Stachowiak stated that there would be no concrete. Mr. Tim Banfield, landscape architect, stated that it would be crushed stone/permeable surface, creating a beach-like atmosphere. Mr. Ruge asked if there would be events. Mr. Ken Settimo, applicant, stated that he would like to host events on Saturday nights and have a PLANNING BOARD MINUTES April 17, 2008 Page 2 portion of the proceeds go to a non-profit organization or to help develop the river trail. Mr. Ruge asked about renting for private events. Mr. Settimo stated that there may be a possibility of renting the area for private parties. Mr. Ruge asked about live entertainment. Mr. Settimo stated that he would like to have a small venue or a stage, possibly a live band. There is a concern with having this type of business incorporated into the neighborhood because of the noise and he stated that he will work with the neighborhood on this. He wants to make sure that everyone is accommodated in the neighborhood. Ms. Cordill asked about the number of people that could be accommodated for an event. Mr. Banfield stated that there would be 24 people depending on the space. Majority of the people will be on the river kayaking and parking would be off site. Ms. Cordill asked about the hours of operation. Mr. Settimo stated it would be a Wednesday through Saturday operation. Monday through Friday would be 3:00 p.m. to 8:00 p.m., Saturday would be 10:00 a.m. to 9:00 or 10:00 p.m., and Sunday would be 11:00 a.m. to 6:00 p.m. Mr. Ruge stated that the apartment building across the street could be impacted. Mr. Settimo stated one of the apartment buildings is currently empty. Mr. Ruge stated that a lot of people could be impacted by the noise depending on how this type of business is run and that there may be security issues. Mr. Settimo stated that security issues are important and he does not want to bring crime to the area. He is currently working with a security company that deals with outdoor security issues. Mr. Settimo stated that he is looking for a place to benefit the community and this area is less than a quarter acre. He sent out emails and flyers and received support from the neighbors. He would like to have this as revenue and hopes that it will be positive for the City. Mr. Ruge asked if there would be food stands and drinks. Mr. Settimo stated that there would be the typical BBQ food (i.e. burgers) along with boating. Mr. Rick Kibbey, resident of Lindberg Drive, stated that he likes this idea and that the Parks Board has been working to get businesses along the river. He is concerned with the noise because the river is a sound amplifier and noise travels. He stated that kayaking is not disturbing and asked that the Board take a closer look at the sound issues. PLANNING BOARD MINUTES April 17, 2008 Page 3 Mr. Kibby stated that historically there is a whirlpool at Red Cedar and Grand River and this would be a dangerous situation for the unskilled kayaker. There needs to be a marker for the whirlpool so that the kayakers are redirected from this area. He supports the use but asked the Board to address these issues. Mr. Don Morrison, owner of K&D Enterprise, Lakeland, MI, stated that he owns the apartment complex to the south and he is an avid kayaker. He has 29 units at this location and 60% of his tenants are Cooley Law School students who need quiet time for studying. He likes the recreational part of this proposal but is concerned about the noise and asked that the noise ordinance be reinforced. Ms. Penny Strang, resident of 309 E. St. Joseph Street, Apt. 1, stated that she likes the idea of the recreational uses but is concerned about the noise, particularly at night. Mr. Brian Daley, resident of 334 E. Hillsdale, Apt. 102, stated that he is a grad student at MSU and is concerned with the noise that this would generate. This is a great neighborhood and it is very quiet. He does not want to be writing a paper at 10:00 p.m. and have to listen to the loud music. That would be a distraction. Ms. Carla Gaggenheim, resident of 1736 Roseland Avenue, East Lansing, stated that maybe the City needs to give more opportunities to small businesses and concentrate more on kayaking in order to satisfy the neighbors' concerns regarding the noise. This would give opportunities to improve the downtown area and maybe that would give people a different view of the area. Dr. Bruch stated that the Planning Office should look into sound control designs. Seeing no one else wishing to speak, Mr. Frederick closed the public hearing for SLU-1-2008, Northwest Corner - E. Hillsdale Street and River Street Special Land Use Permit - Private Recreational Use and was referred to the next Zoning and Ordinance Committee meeting scheduled to meet on Wednesday, May 14, 2008 at 4:00 p.m. in the Department Conference Room at 316 N. Capital Avenue. 5. COMMENTS FROM THE AUDIENCE (3 minutes each) Seeing no one wishing to address the Board, Mr. Frederick closed the public comment period. 6. RECESS was taken by the Board. PLANNING BOARD MINUTES April 17, 2008 Page 4 7. BUSINESS SESSION A. Consent Items 1. Minutes for Approval: April 3, 2008 The minutes of April 3, 2008 were APPROVED. B. Committee Reports 1. Zoning and Ordinance Committee, Mr. Frederick a. Z-2-2008, 2908 Andrew Avenue, "A" Residential District to "D-1" Professional Office District This is a request by DRM Private Home Health Care Providers and International Learning Center to rezone the property at 2908 Andrew Avenue, more specifically described as: Commencing at the Northeast Corner of the Intersection of Andrew Avenue & Lafayette Avenue, Thence North 437.86 Feet, East 618.04 Feet, South 412.4 Feet to the North Line of Lafayette Avenue, West Along the Northerly Line of Lafayette Avenue to the point of beginning; Section 6, T4N R2W, City of Lansing, Ingham Co., MI from "A" Residential District to "D-1" Professional Office District. The purpose of the rezoning is to permit the building at 2908 Andrew Avenue to be used for the operation of a health care staffing agency and to teach classes in nursing, language, job preparedness, goal setting, leadership and life skills. Mr. Ruge gave the report and stated that there was a dissenting vote regarding the loss of green space. There was a discussion regarding the Parks Department assuming 285 feet and maintaining it. Dr. Bruch explained her vote and stated that a lot of green space has gone to private ownership. The City space is designated as open green space for public use. This would be a loss for the neighborhood. Ms. Tobe asked if DRM would have a responsibility to maintain it. Mr. Frederick stated that DRM would not have to be maintain it if the Parks Department assumes ownership. PLANNING BOARD MINUTES April 17, 2008 Page 5 There was a discussion regarding the Parks Department assuming responsibility of and maintaining the 285 feet. If the Parks Department decided not to assume responsibility, then City Council would make the decision. Mr. Ruge made a motion, seconded by Mr. Williams, to recommend approval of Z-2-2008, 2908 Andrew Avenue, "A" Residential District to "D-1" Professional Office District. Frederick . . . . . . . . . . . . . . . . . . . . Ave Bruch . . . . . . . . . . . . . . . . . . . . . . . Nay Ruge. . . Ave Cordill. . . . . . . . . . . . . . . . . . . . . . . Ave Williams . . . . . . . . . . . . . . . . . . . . . Ave Tobe . . . . . . . . . . . . . . . . . . . . . . . . Ave On a roll call vote, there were: Ayes: 5; Nays: 1; carried. Approved. b. Z-3-2008, 1106 N. Cedar Street, "D-1" Professional Office & "J" Parking Districts to "E-2" Local Shopping District This is to consider a request by Dr. Gail Shafer-Crane and Dr. Carla Guggenheim to rezone the property at 1106 N. Cedar Street, more specifically described as: Lots 7, 8, 9, 10 & 11 & the West 1 Rod of Lot 12, Block 15, Original Plat, City of Lansing, Ingham Co., MI from "D-1" Professional Office and "J" Parking Districts to "E- 2" Local Shopping District. The purpose of the rezoning is to permit the building at 1106 N. Cedar Street to be used for retail space, physician offices, a physical rehabilitation agency and a community fitness center. Mr. Ruge gave the report. Mr. Ruge made a motion, seconded by Mr. Williams, to recommend approval of Z-3-2008, 1106 N. Cedar Street, "D-1" Professional Office & "J" Parking Districts to "E-2" Local Shopping District. Frederick . . . . . . . . . . . . . . . . . . . . Ave Bruch . . . . . . . . . . . . . . . . . . . . . . . Aye Ruge. . . Ave Cordill. . . . . . . . . . . . . . . . . . . . . . . Aye Williams . . Ave Tobe . . . . . . . . . . . . . . . . . . . . . . . . Ave On a roll call vote, there were: Ayes: 6 Nays: 0; carried; unanimous. Approved. PLANNING BOARD MINUTES April 17, 2008 Page 6 Next meeting, Wednesday, May 14, 2008, at 4:00 p.m., 316 N. Capitol Ave., Department Conference Room 2. URBAN DEVELOPMENT COMMITTEE, Mr. Rieske Next meeting, Tuesday, April 22, 2008, at 4:00 p.m., 316 N. Capitol Ave., Department Conference Room. 3. COMMITTEE OF THE WHOLE 4. EXECUTIVE COMMITTEE C. Old Business — None. D. Report from Planning Manager— None. E. Pending Items: Future action required 1. Zoning and Ordinance Committee 2. Urban Development Committee a. Master Plan Project 3. Committee of the Whole 4. Planning Board 8. NEW BUSINESS — None. 9. COMMENTS FROM CHAIRPERSON — None. 10. COMMENTS FROM BOARD MEMBERS Ms. Cordill inquired about the American Planning Association (APA) and The Michigan Planner memberships and stated that she has not received anything in a while. Ms. Stanich stated that she would look into the matter. Regarding SLU-1-2008, Mr. Williams stated that the Mayor's goals are Cool Cities, retaining young people and developing the river front and the Board should encourage these types of cases. This request accomplishes all three goals. Ms. Cordill stated that she is not sure about this being the right place and that a more appropriate place would be near the Lansing Center. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS — None. a. Dollar Store-Willow Street& MLK Blvd.-landscaping &buffering (May 20, 2003) b. W.Willow Street- Grace Tabernacle Church-no landscaping (May 4, 2004) PLANNING BOARD MINUTES April 17, 2008 Page 7 c. 2702 S.Cedar Street-no landscaping(May 18,2004) d. 2410 S. Pennsylvania Ave. -no landscaping (November 3,2004) e. 2200 W. Holmes Road-Bad Habits-excessive signs(May 3, 2005) f. 2618 Cavanaugh Road.-registered rental &front yard paved, used for parking (October 4,2005) g. Clarion Hotel—two big signs advertising Great Lakes Condominiums (December 5, 2006) h. The Firm—review requirements for fenced outdoor patio(December 5, 2006) i. 4311 S. Cedar Str.—barber shop in a residential neighborhood& illegal signs (April 3, 2007) j. Washington Square Tavern—permanent outdoor patio&inadequate sidewalk(November 20,2007) 12. ADJOURNMENT - Meeting was adjourned at 7:26 p.m. Respectfully submitted, William C. Rieske, Secretary, Planning Board PBMinutes.041708.doc Approved as written 4-17-08 Draft to Clerk April 7, 2008 Approved April 17, 2008 To Clerk April 21,2008 Minutes of the Regular Meeting LANSING PLANNING BOARD 6:30 p.m., Capital Area District Library Auditorium, Lower Level Thursday, April 3, 2008 1. OPENING SESSION -> 5 1 The meeting was called to order at 6:33 p.m. by Mr. Williams, Vice Chair.- j ca 10 A. Roll call: Present: Frederick, Cordill, Williams, Nelson (late), Tobe 1, '. B. Staff Attending: Stachowiak, Rieske, Stanich. C. Excused absences: Ruge, Bruch. D. Absent: Graham. Mr. Williams made a motion, seconded by Ms. Cordill to approve an excused absence request from Dr. Bruch for tonight's meeting. On a voice vote, the motion carried unanimously (5-0). Mr. Williams made a motion, seconded by Ms. Tobe to approve an excused absence request from Mr. Ruge for tonight's meeting. On a voice vote, the motion carried unanimously (5-0). 2. APPROVAL OF AGENDA Ms. Cordill made a motion, seconded by Mr. Williams to approve the agenda. On a voice vote, the motion carried unanimously (5-0). 3. COMMUNICATIONS — None. 4. HEARINGS A. Z-2-2008, 2908 Andrew Avenue, "A" Residential District to "D-1" Professional Office District This is a request by DRM Private Home Health Care Providers and International Learning Center to rezone the property at 2908 Andrew Avenue, more specifically described as: Commencing at the Northeast Corner of the Intersection of Andrew Avenue & Lafayette Avenue, Thence North 437.86 Feet, East 618.04 Feet, South 412.4 Feet to the North Line of Lafayette Avenue, West Along the Northerly Line of Lafayette Avenue to the point of beginning; Section 6, T4N R2W, City of Lansing, Ingham Co., MI PLANNING BOARD MINUTES April 3, 2008 Page 2 from "A" Residential District to "D-1" Professional Office District. The purpose of the rezoning is to permit the building at 2908 Andrew Avenue to be used for the operation of a health care staffing agency and to teach classes in nursing, language, job preparedness, goal setting, leadership and life skills. Ms. Stachowiak gave a brief overview. Mr. Frederick asked about the Master Plan for this parcel. Ms. Stachowiak stated that the previous Master Plan amendment was being worked on by MSU interns who left before completing it. The amendment draft was never finalized. Now the focus is on the new Master Plan project. Mr. Frederick asked if the proposed use would be compliant with the Master Plan. Ms. Stachowiak stated that the applicant teaches and the classrooms have already been established at this location. The proposed use does fit in well at this location. Each school building has to be reviewed as an individual case rather than one scenario for all of the school buildings. Each neighborhood has to be taken into consideration. Mr. Frederick asked about other used for this property. Ms. Stachowiak stated that the permitted uses would be offices. Given the size of the building, the other uses would be a church or a school under the "D-1" Professional Office District. ReShane Lonzo, applicant and owner of DRM Private Home Health Care Providers and International Learning Center, stated that there are currently 56 employees and that the company has been in business for three years. They are working on medical certification. Relocating the company would allow them to train more people and offer more job opportunities to the City. They own seven adult homes. They certify nurses and home health care programs for the State of Michigan. They would like to have a Senior cooling center, an adult day care and offer holiday meal plans for Seniors. They work with Tri County Office on Aging and the Capital Area Michigan Works Office on the GED prep program. They would like to have the building available for neighborhood association meetings. They mailed out flyers to the neighbors and talked with the neighbors. They plan to remodel the building. Ms. Cordill asked about the hours of operation. Ms. Lonzo stated that the hours of operation would be from 9:00 a.m. to 5:00 p.m., and have evening classes five or six times a year. They currently have evening classes that run for three weeks. Ms. Cordill asked about the number of staff members and if they anticipate an increase. Ms. Lonzo stated that the company does anticipate an increase but staff are not housed at the current location; they are in the field. PLANNING BOARD MINUTES April 3, 2008 Page 3 There would be no more than 12 people in the facility between 9:00 a.m. to 5:00 p.m., and there would be either 8 or 16 students in a class at one given time. Mr. Williams asked about the current speed limit on Andrew Avenue. Ms. Stachowiak stated that it is 25 mph. Dave Borzenski, resident of 2106 Northwest Avenue, asked if there were plans for the green space adjacent to the school or if it would become parking. Ms. Stachowiak stated that the applicant has adequate parking. Ms. Lonzo stated that there are no plans to expand the parking and that they intend to leave it the way it is. Ms. Linda Sanchez Gazella, resident of 1430 Sunnyside Avenue, gave an invitation to the Board members for the River Forest Meeting. Mr. Williams asked if the Board could use the same language as the Holmes Street School request to allow the public to use the green space. Ms. Stachowiak stated that the Holmes Street School request was only to rezone the building with parking and that the Board can make a recommendation to allow the public to use the green space. Ms. Joyce Sprague, resident of 2920 Lafayette Avenue, stated that she is concerned about supervision of the students. Mr. Frederick stated that the students would be adults. Ms. Lonzo stated that the students must me 18 years of age or older. Seeing no one else wishing to speak, Mr. Frederick closed the public hearing for Z-2-2008, 2908 Andrew Avenue, "A" Residential District to "D-1" Professional Office District and was referred to the next Zoning and Ordinance Committee meeting. B. Z-3-20081 1106 N. Cedar Street, "D-1" Professional Office & "J" Parking Districts to "E-2" Local Shopping District This is to consider a request by Dr. Gail Shafer-Crane and Dr. Carla Guggenheim to rezone the property at 1106 N. Cedar Street, more specifically described as: Lots 7, 8, 9, 10 & 11 & the West 1 Rod of Lot 12, Block 15, Original Plat, City of Lansing, Ingham Co., MI from "D-1" Professional Office and "J" Parking Districts to "E-2" Local Shopping District. The purpose of the rezoning is to permit the building at 1106 N. Cedar Street to be used for retail space, physician offices, a physical rehabilitation agency and a community fitness center. Ms. Stachowiak gave a brief overview. PLANNING BOARD MINUTES April 3, 2008 Page 4 For the record, Ms. Nelson has arrived and remained for the duration of the meeting. Dr. Gail Shafer-Crane, 3333 S. Pennsylvania Avenue, stated that the building has been blighted since 1987 and that they would like to convert it to a green building and site. She is looking into LEED certification and having a thermo barrier. She is also looking into geo thermo technology for heating and cooling. She is also looking into green technology for parking. She is planning to keep storm water/rain for rain water usage and planting. Dr. Shafer-Crane stated that the building plans include a fitness center for the community that would be used throughout the day, an orthopedic center and two offices on the second floor. There is currently one vacant office space and she hopes to use that office to retain graduates from medical school and offer it as an affordable office space. Dr. Schafer-Crane stated that there would be a garden with plenty of sun light and that the bottom floor would be leased. Mr. Williams asked about the time table for completion. Dr. Shafer-Crane stated that as soon as she receives approval from the State of Michigan, it would be approximately 7 to 9 months for the construction. She stated that there would be a terrace on the roof and an area for exercise classes. There would be a lean-to for shade and protection from the rain. Ms. Cordill asked about the bottom portion of the building. Dr. Shafer- Crane stated that windows would be added and there would be an energy efficient elevator available. There will be solar panels on angled roofing and added shading for protecting the elevator. This will be handicap accessible. Dr. Shafer-Crane stated that she will be applying for historic funds and that the building might have an electronic mural for advertising local events. Dr. Shafer-Crane stated that the fitness center will be easily accessible and be more attractive to the public. Ms. Tobe asked about the garden level. Dr. Shafer-Crane stated that the garden level will attract people from all over the United States. Ms. Cordill asked about the hours of operation. Dr. Shafer-Crane stated that the fitness center will open around 5:30 to 6:00 a.m. and close at 9:00 p.m., and the retail stores will be open until 9:00 p.m. Given the location of the building near a hospital setting, she is attuned to the traffic in a residential area and stated that the traffic would be light. PLANNING BOARD MINUTES April 3, 2008 Page 5 Seeing no one else wishing to speak, Mr. Frederick closed the public hearing for Z-3-2008, 1106 N. Cedar Street, "D-1" Professional Office & "J" Parking Districts to "E-2" Local Shopping District and was referred to the next Zoning and Ordinance Committee meeting. There was a discussion regarding the next Zoning and Ordinance Committee meeting and the consensus was to have the next meeting at 6:00 p.m. prior to the Planning Board meeting on Thursday, April 17tn 5. COMMENTS FROM THE AUDIENCE (3 minutes each) Seeing no one wishing to address the Board, Mr. Frederick closed the public comment period. 6. RECESS was not taken by the Board. 7. BUSINESS SESSION A. Consent Items 1. Minutes for Approval: March 20, 2008 The minutes of March 20, 2008 were APPROVED. B. Committee Reports 1. Zoning and Ordinance Committee, Mr. Frederick Next meeting, Thursday, April 17, 2008, at 6:00 p.m., Capital Area District Library Auditorium, Lower Level 2. URBAN DEVELOPMENT COMMITTEE, Mr. Rieske Next meeting, Tuesday, April 22, 2008, at 4:00 p.m., 316 N. Capitol Ave., Department Conference Room. Ms. Cordill made a motion, seconded by Ms. Nelson to dissolve into the Committee of the Whole. On a voice vote, the motion carried unanimously (5-0). 3a. COMMITTEE OF THE WHOLE a. ACT-1-2008, 316 N. Capitol Avenue, N. Capitol Parking Structure, Market for Sale This is a request by the City of Lansing Planning and Neighborhood Development Department to market the N. PLANNING BOARD MINUTES April 3, 2008 Page 6 Capitol parking ramp for sale. Part B of the request is the conveyance of the adjacent alley. The Transportation and Public Service Departments are supporting the proposal to sell the ramp at fair market value and with the condition that the appearance of the ramp is improved. Mr. Rieske gave an overview. Mr. Frederick asked about a hearing for the alley and if a separate motion to convey the alley was necessary. Mr. Rieske stated that a public hearing is not required or necessary — no one even showed up for the March 20th public hearing. He added that all property owners involved are in favor of the request. Mr. Rieske also stated that in order to sell the ramp, City Council has to be involved, and they will conduct a public hearing on the sale. Mr. Frederick asked about the cost of maintaining the ramp and if this information could be available for City Council. Mr. Rieske stated that the information will be available for City Council. Ms. Nelson asked about public parking. Mr. Rieske stated that there would be public parking. Mr. Williams stated that he would like to see a motion for aesthetic improvements and he would like to see a better use for the surface parking lot across the street that is only 50% full. Mr. Frederick made a motion, seconded by Mr. Williams to recommend approval of ACT-1-2008, 316 N. Capitol Avenue, N. Capitol Parking Structure, Market for Sale and it was further recommended that aesthetic improvements be made to enhance the appearance of the ramp. On a voice vote, the motion carried unanimously (5-0). Ms. Cordill made a motion, seconded by Ms. Tobe to recommend that the City of Lansing convey the alley to Lansing Community College subject to conditions. On a voice vote, the motion carried unanimously (5-0). Mr. Frederick made a motion, seconded by Ms. Nelson to arise from Committee of the Whole. On a voice vote, the motion carried unanimously (5-0). 3b. COMMITTEE OF THE WHOLE a. ACT-1-2008, 316 N. Capitol Avenue, N. Capitol Parking Structure, Market for Sale PLANNING BOARD MINUTES April 3, 2008 Page 7 This is a request by the City of Lansing Planning and Neighborhood Development Department to market the N. Capitol parking ramp for sale. The Transportation and Public Service Departments are supporting the proposal to sell the ramp at fair market value and with the condition that the appearance of the ramp is improved. Mr. Williams gave a brief report on the Committee of the Whole findings. Mr. Williams made a motion, seconded by Ms. Nelson, to recommend approval of ACT-1-2008, 316 N. Capitol Avenue, N. Capitol Parking Structure, Market for Sale with the recommendation that aesthetic improvements be made to enhance the appearance of the ramp. Frederick . . .. . . . . . . . . . . . . . . . . . Ave Cordill. . . Aye . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Williams . . . . . . . . . . . . . . . . . . . . . Aye Tobe. . . . . . . . . . . . . . . . . . . . . . . . Ave Nelson. . . Ave . . . . . . . . . . . . . . . . . . . . On a roll call vote, there were: Ayes: 5; Nays: 0; carried; unanimous. Approved. Mr. Williams made a motion, seconded by Ms. Nelson, to recommend approval of the City of Lansing conveying the alley to Lansing Community College, subject to LCC acquisition of the N. Capitol Ramp, and subject further to: 1) verification of the alley's status as surplus City property (given the sale of both parcels to LCC); 2) reservation of appropriate utility easements; and 3) adequate access for emergency vehicles. Frederick . . . . . . . . . . . . . . . . . . . . Ave Cordill. . . . . . . . . . . . . . . . . . . . . . . Aye Williams . . . . . . . . . . . . . . . . . . . . . Ave Tobe. . . Ave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nelson. . . Ave . . . . . . . . . . . . . . . . . . . . On a roll call vote, there were: Ayes: 5; Nays: 0; carried; unanimous. Approved. 4. EXECUTIVE COMMITTEE C. Old Business — None. PLANNING BOARD MINUTES April 3, 2008 Page 8 D. Report from Planning Manager Mr. Rieske stated that the City is working on the Census 2010 and the LUCA (Local Update of Census Address) program. The Planning Office is working with the City Clerk's Office, City Assessor's Office and Sam Quon of the IT Department. A Historic District Study Committee was formed to evaluate the historical significance of the Ottawa Power Station and to recommend the establishment of a local historic district. The Planning Board will have an opportunity to review the preliminary report. Mr. Rieske stated that there is a lot of interest in the Oakland-Saginaw corridors. Model runs are being conducted to evaluate various alternatives. Data was unavailable until 2006, when a traffic signal optimization study was completed. Ms. Cordill stated that with the CSO project starting up again, it is causing way-finding to be difficult. A discussion ensued regarding options for the Saginaw/Oakland corridor. Mr. Rieske stated that the Michigan Department of Transportation (MDOT) will be involved. E. Pending Items: Future action required 1. Zoning and Ordinance Committee 2. Urban Development Committee a. Master Plan Project 3. Committee of the Whole 4. Planning Board 8. NEW BUSINESS — None. 9. COMMENTS FROM CHAIRPERSON — None. 10. COMMENTS FROM BOARD MEMBERS Ms. Cordill asked about the reuse of schools and amending the Master Plan with a larger framework for the schools. Mr. Frederick asked about the status of the Master Plan amendment. Mr. Rieske stated that the Planning Office had student interns helping with the Master Plan amendment but they have returned to school, and the project lost momentum. Mr. Rieske added that rezoning school properties would be addressed in the Master Plan, and that more school closures may be forthcoming. The redevelopment of vacant schools currently is addressed individually based on the locations and conditions. PLANNING BOARD MINUTES April 3, 2008 Pane 9 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS — None. a. Dollar Store-Willow Street&MLK Blvd.- landscaping& buffering(May 20, 2003) b. W.Willow Street-Grace Tabernacle Church-no landscaping (May 4, 2004) c. 2702 S. Cedar Street-no landscaping (May 18,2004) d. 2410 S. Pennsylvania Ave.-no landscaping (November 3, 2004) e. 2200 W. Holmes Road- Bad Habits-excessive signs(May 3, 2005) f. 2618 Cavanaugh Road. -registered rental&front yard paved, used for parking (October 4,2005) g. Clarion Hotel—two big signs advertising Great Lakes Condominiums (December 5,2006) h. The Firm—review requirements for fenced outdoor patio(December 5, 2006) i. 4311 S. Cedar Str.—barber shop in a residential neighborhood &illegal signs (April 3, 2007) j. Washington Square Tavern—permanent outdoor patio&inadequate sidewalk(November 20, 2007) 12. ADJOURNMENT - Meeting was adjourned at 7:58 p.m. Respectfully submitted, 1P6 . William C. Rieske, Secretary, Planning Board PBMinutes.040308.doc