HomeMy WebLinkAbout1995 Planning Board Minutes Apr-June FINAL APPROVED WITH CORRECTIONS: P. 1, I.A. Present: ...LaHLANC...No'k—; six members present (ORO aboaRt. Ong w%9R%QY TWO VACANCIES);
I.P. 5. V.A. Kalkac LaHLANC Yee.
APPROVED 091895
TO CLERK 042195
Minutes of the Regular Meeting
LANSING PLANNING BOARD
7 : 30 p.m. , City Council Chambers
PP f �: �� Tenth Floor, Lansing City Hall
124 West Michigan Avenue
Lhh'SIf s CITY CLERK Tuesday, April 4, 1995
I . OPENING SESSION
Chairman Helen LeBlanc called the meeting to order at
7 : 33 p.m.
A. Roll
Call . Present: Forrest, Goolsby, Greiner, LeBLANC, Marshall,
Ruge; Y ' scr; six members present (erne absent, ene yaGaRG6 r TWO
VACANCIES) . Ex officio Councilmembers Jones and Lilly--not in
attendance.
B. Excused Absences - None.
C. Introductions . Eleanor K. Love, Planning Manager,
introduced staff present : William C. Rieske, Principal
Planner; and Louise H. Christian, Planning Board
Secretary.
D. Approval of Agenda. The agenda was approved as printed.
II . HEARINGS - Items for hearing will be referred to the Zoning
and Ordinance Committee meeting on Wednesday, April 12, 1995
at 4 p.m. in the Planning Conference Room.
A. MPA-1-95, Master Plan Amendment, Southwest Area
Comprehensive Plan
Ms . Love said, for purposes of clarity, the cases will be
handled separately. Mr. Rieske will explain the Master
Plan Amendment, which provides an overview for the entire
area. Then we will take individual comments on the
rezoning and the special land use, subsequent to the
overall master plan amendment public hearing. Staff
comment will be during the initial public hearing; then
we will call for the other two separately, for the sake
of clarity and public input.
Mr. Rieske said there are several reasons why we would do
a master plan amendment; principally because land use and
business decisions are based upon the plan. When
assumptions or predictions of the plan become obsolete,
or need adjustment, they should be changed so that
decisions can be made based on the plan.
Using an aerial photo, Mr. Rieske summarized locations
and land uses in the area, at the southwest corner of
Boston Blvd. and Mt. Hope, including Colonial Village
Shopping Center, properties of Grace United Methodist
Church, an apartment building, Colonial Village Baptist
PLANNING BOARD MINUTES APRIL 4, 1995 - PAGE 2
Church, office buildings, and single family dwellings .
The scope of the master plan amendment excludes all
single family dwellings . Also in the area is the Lansing
Country Club, and some offices and single and multiple
family dwellings and a park and a school .
Proposed and already approved is a 90-unit apartment
building; also proposed is an expansion of the parking
lot for the church and the establishment of an office.
We are also looking at future expansion of the church
community center, in addition to church uses by Colonial
Village Baptist Church.
The current master plan designation is for commercial
use, community facilities with low density residential on
the west side, according to the map. According to the
text of the plan, residential use is specified at 7-12
du/acre. There is also a notation regarding screening
and buffering of conflicting use patterns .
Essentially, given these facts, we thought it was a good
idea to look at the Master Plan and change it at this
time. We are proposing that it get more specific as to
how the area is designated and look at community
facilities for Grace United Methodist and Colonial
Village Baptist Churches, residential use, multiple
family for the multiple family residential use,
essentially acknowledging the existence of these
facilities . The two office buildings are vacant;
however, they will remain office. The single family
dwellings would be unaffected by this proposal . The
property for the expansion of the church parking lot
would be community facilities; the unspecified area owned
by the church would also be community facilities . The
proposed comprehensive plan amendment for the 90-unit
residential facility would be residential at 7-14
du/acre, with proposed office in between. That
summarizes the proposal . It corresponds with the trends
occurring there and is a better fit with what exists at
present.
Mr. Greiner asked about the status of the 90-unit
apartment building. Mr. Guyselman said the site plan was
given to the site plan analyst several weeks ago .
REFERRED TO URBAN DEVELOPMENT COMMITTEE .
B. Z-4-95, 1900 Blk. W. Mt. Hope, "A" Residential to "D-1"
Professional Office District
Ms . Love indicated that this is a request by Grace United
Methodist Church to rezone property along W. Mt. Hope.
PLANNING BOARD MINUTES APRIL 4, 1995 - PAGE 3
It is a part of the former C&J Haulaway property, and it
is in the midst of the master plan amendment. Sufficient
parking is associated with the parcel and adequate
access . It is surrounded by a proposed multiple unit
development to the south and west and a proposed
expansion of the community facility of the church itself
on the east. Mr. Ruge asked if there is a site plan for
the office building; Ms . Love said yes and showed it to
the Board.
THOMAS W. CAMPBELL, 9551 ROSSMAN HIGHWAY, EATON RAPIDS,
CHAIRMAN OF BOARD OF TRUSTEES OF GRACE UNITED METHODIST
CHURCH. About five years ago, we bought the C&J Anchor
Motor Freight property that had been vacant, because we
no longer had adequate parking for our church to meet
City zoning requirements, and we had no additional land
for possible future expansion. At the time of the
purchase, the Baptist Church bought three acres, because
they were in the same situation--did not have adequate
parking. About three years ago, the property was rezoned
for development of a senior housing project. A
preliminary environmental study revealed the existence of
three underground tanks; a later more extensive study
found eleven leaking 5,000-gallon fuel tanks . Over the
past few years we have had 11,000 cubic yards of
contaminated soil reclaimed by thermal desorbtion. The
property has . now been cleared by DNR, so we are
proceeding with the development of the senior housing.
Because of the considerable additional cost, the church
reevaluated its position and decided we would like to
sell off a little bit more of the land. We would still
have enough land to double the capacity of our church and
still have adequate parking. We feel a medical office
facility would complement senior housing and the
neighborhood, and be an asset to the community.
Ms . Marshall asked about a small building on the C&J
property. Mr. Campbell said this was the former office
for C&J Haulaway, now converted to a youth building and
also used about 4 weeks a year for the Rotating Shelter
for Homeless Women. Someday we would like to build a
gymnasium-recreational facility, for recreational
purposes--basketball for young people, for instance--in.
order to increase church membership.
Mr. Ruge asked about the size of the parking lot. Mr.
Campbell said Colonial Village Shopping Center allowed
use of the parking lot on Sundays for member parking;
however, the Center was sold and the church no longer has
the right to park there. One reason we acquired C&J was
that we do not have adequate parking. Our proposal will
PLANNING BOARD MINUTES APRIL 4, 1995 - PAGE 4
provide enough parking for present and future needs .
Doubling our congregation size is unlikely with four
other Methodist churches in a three-mile radius .
TIM GUYSELMAN, PARTNER WITH COLONIAL WOODS DEVELOPMENT
GROUP FORMED TO BUILD 90-UNIT SENIOR APARTMENT COMPLEX.
Distributed rendering. What we are talking about is a
good fit with office. We have worked closely with Grace
United Methodist in the whole project. It would be a
perfect master plan situation, in view of what exists now
and what it could add to the community. Some medical
people have expressed interest in putting in a 6 ,000-
8,000 sq. ft. facility.
REFERRED TO ZONING AND ORDINANCE COMMITTEE.
C. SLU-2-95, 1900 Boston Blvd. , Expand Church Parking Lot &
Facilities .
This is an extension of the church's existing parking
lot. For the purposes of delineating the special land
use, this also includes a small youth building on the
site, and recognizes it as a community facility for the
church. They have asked that the gymnasium addition be
considered as a part of their part of the request for the
special land use at this time, even though they do not
have any formal plans for its construction. It would be
an addition to the youth building, and even with the
addition of a gymnasium, the parking is adequate, as has
been noted. They wanted to recognize that now, so that
when and if the time comes, for the gymnasium at a future
date, the Planning Board would already have recognized
that as a use, and they wouldn't have to go back through
the process again. That encompasses the scope of the
total request--the expansion, the youth building, and the
gymnasium.
Chairman LeBlanc asked if there is a site plan or a
drawing at this time? Ms . Love said it is just a
footprint, a standard gymnasium. It would be located in
the area which at present is green space; it would not
impact the parking.
Mr. Ruge asked if it was unusual for the Planning Board
to approve a special land use for something that might
happen in the future, like this gymnasium? Ms . Love said
on occasion, we have approved church uses in phases .
Churches do not always have cash up front, consequently,
they do things as they have the funding to do them. As
long as it is specified as a gymnasium, and as it is
specified as a use for Grace United Methodist Church,
PLANNING BOARD MINUTES APRIL 4, 1995 - PAGE 5
which we can do, because the special land use is site-
and applicant-specific. I do not believe there is a
problem in recognizing that as a potential use right now.
I mentioned it because I think it is one way that we can
recognize their overall land use pattern, and they were
up front enough about it. They could have said we don' t
have any ideas, and the Board would have required them to
come back at later date. This gives us an overall
picture of what they are intending to do. Individual
building plans and site plan review would still be
required.
Mr. Campbell said there would be 221 parking spaces with
the expansion. Present seating capacity calls for 80
parking spaces, almost three times what we need at our
present size church.
REFERRED TO ZONING AND ORDINANCE COMMITTEE.
COMMENTS FROM THE AUDIENCE (5 minutes each) - None.
III . RECESS - None.
IV. BUSINESS SESSION
A. Minutes for Approval: March 21, 1995
Mr. Goolsby made a motion, seconded by Mr. Greiner, to approve the
minutes of March 21, 1995 .
Mr. Greiner called for deletion of first paragraph P. 4, Z-2-95 was
returned to Zoning and Ordinance Committee for further analysis and
report.
PLANNING BOARD ACTION on the motion was as follows :
Forrest Yea Greiner Yea
Marshall Yea Ruge Yea
Goolsby Yea tWa44se= LeBLANC Yea
On a roll call vote, there were: Yeas : 6; Nays : 0; carried; minutes
of March 21, 1995 as amended were APPROVED.
B. Committee Reports
1 . Zoning and Ordinance Committee, Mr. Greiner, Chair.
Next meeting WEDNESDAY, APRIL 12, 1995 at 4 p.m. ,
in the Planning Division Conference Room, Second
Floor, Washington Square Annex
PLANNING BOARD MINUTES APRIL 4, 1995 - PAGE 6
a. Z-2-95 , Vacant Land on Dunckel Road at Aldrich
Dr. , "A" Residential to "E-2" Local Shopping
District (at the Planning Board meeting of
March 21, 1995 , this item was returned to the
Zoning and Ordinance Committee for
reconsideration) .
b. Z-4-95 , 1900 Blk. W. Mt. Hope, "A" Residential
to "D-1" Professional Office District
C . SLU-2-95 , 1900 Boston Blvd. , Expand Church
Parking Lot & Facilities
2 . Urban Development Committee, Mr. Ruge, Chair.
Next meeting TUESDAY, APRIL 11, 1995 at 4 p.m. ,
Planning Division Conference Room, Second Floor,
Washington Square Annex.
a. MPA-1-95, Master Plan Amendment, Southwest
Area Comprehensive Plan
b. Act-2-94, Possible Acquisition Parcel near
Crego Park, Fidelity Farms
It was noted that Act-2-95, which was
withdrawn at the last meeting, was for a 725-
foot-tall radio tower on Aurelius Road. A new
case will be considered, with a new number and
a different site. It may be available for
examination by both the Urban Development
Committee and the Board of Zoning Appeals (a
height variance) .
3 . Executive Committee, Mr. Goolsby, Vice Chair.
a. Revision of Board Policies and Procedures
The Executive Committee did meet. We are
making progress on the policies and
procedures .
C. Report from Planning Manager, Ms . Love.
The baseball stadium groundbreaking took place on Monday.
It was very successful and very well attended; the
governor was there. Clark' s contract was signed today,
as was HNTB' s; the team' s contract was also signed, so we
are moving ahead.
The next. item on the agenda is the sale of the sky boxes .
Oldsmobile will be getting the naming rights to the
stadium, at the same time the team name is announced, in
May.
PLANNING BOARD MINUTES APRIL 4, 1995 - PAGE 7
Our budget hearing is April 22 before City Council . Last
week, the Mayor gave his budget speech; if anyone would
like, I can provide a copy. The Mayor made some
significant points about types of strengthening he has
been doing--new police officers, fire rigs, and two new
staff people for Planning and Neighborhood Development,
a plan analyst assistant in the Building Safety Office,
and a Steno in the Planning Office.
In our Department, we are working on an economic
development incentive grant as part of the package with
the Seven Block Plan and the Section 108 loan package.
We are also working on Northtown and some possibly some
neighborhood preservation grants in Northtown. We are
still working with Sparrow Hospital on E. Michigan
Avenue.
D. Pending Items : Future action required
1 . Zoning and Ordinance Committee:
a. Z-3-91, 4700 Block Aurelius Road (Committee
Held per continuance request)
2 . Planning Board:
a. Z-9-94, 1500 Blk. E. Michigan, "C"
Residential, "DM-3" Residential and "F-1"
Commercial Districts to "DM-3" Residential
District; Church of the Resurrection, Remove
three houses and cafeteria building and
construct new parish hall - (Planning Board
Tabled 092094)
VI . NEW BUSINESS - None.
VII . COMMUNICATIONS
Mr. Thelen sent a letter concerning his resignation from the
Board, enclosing a postcard of Palm Beach, Florida.
VIII. COMMENTS FROM CHAIRPERSON - None.
IX. BOARD MEMBER COMMENTS
Ms . Marshall said she would be unable to attend the Urban
Development Committee meeting on April 11 and will need a
replacement. Chairman LeBlanc said she could attend.
Mr. Ruge asked about status of Resurrection Church. Ms . Love
said Doris has been evaluating the response the church
forwarded to us the day of the last meeting. Several
neighborhood residents requested copies of the response; I
PLANNING BOARD MINUTES APRIL 41 1995 - PAGE 8
provided copies . They have subsequently brought in their
response to Resurrection' s report. Doris is evaluating both
documents . Even though the Board tabled it, I believe any new
or additional information should be evaluated by the Committee
prior to coming back to the Board. That additional
information could possibly come next Wednesday. I spoke to
the Eastside Neighborhood Organization this afternoon and
indicated our Zoning and Ordinance Committee agenda for next
week will not include that item. Jim Ruff has been gone for
two weeks; he is the person most familiar with the program.
He will look at Doris ' s evaluation upon his return. If he
feels comfortable with it, we would put it on for Wednesday;
if not, we will wait another month. I also told Mary Margaret
that if we decide on Monday to put it on, we will call her
immediately to allow her time in advance to know about the
meeting. She agreed to that.
Mr. Greiner said he liked the street lights . Ms . Love said at
the Executive Committee meeting March 23, we had looked at the
potential for replacing street lighting downtown, and how
expensive it was . We looked for alternate ways to create the
same effect, and reduce the cost. Several things were
recommended, one, instead of using a cast iron pole as on
Michigan Avenue from the Capitol to Larch Street, go with a
black granite pole instead. It looks similar in style and
shape, but is substantially less expensive. In addition to
that, the other thing we looked at was the potential for doing
the lighting in such a way that we could reduce the number of
the low profile lights with the double globes , which we would
have to put in, since those cost about $8,000 each. The Board
of Water and Light has, between Larch and the railroad tracks,
installed six of these, 2 short ones, and 4 tall ones . the
tall ones are about 22 or 23 feet tall; they have a very short
arm on them, and they are just a black box, but they give out
a reasonable amount of light. The next light is then a low
profile light, just like the ones on Michigan Avenue, but with
the black granite base. They asked us to look and see what we
felt would be appropriate. I looked at them, and I like the
high-low, high-low almost better than the consistent low ones
because the low ones have to be placed so close together, only
70 feet apart, that they become clutter themselves . Public
Service, the architects, and BWL are now indicating that our
original idea of putting in all low-profile lights in is a
better idea. Originally Public Service was afraid it would
not be consistent, that it would not create a consistent
pattern. This is for Cedar and Larch between Michigan and
Shiawassee. We are still investigating the street lighting
issue, but for those Board members who haven't had a chance,
when you leave tonight, look at the lighting just past Larch
Street, between Larch and the railroad tracks . Then turn and
1
PLANNING BOARD MINUTES APRIL 4, 1995 - PAGE 9
look back toward downtown. Beyond that are the cooley hat
lights . I would be interested in comments .
Mr. Goolsby said when you really look down Michigan Avenue, it
is cluttered by the number of lights, from Sparrow downtown.
The high-low is very adequate in terms of lighting, and your
eye indeed is drawn to the lower level lights . It works well .
In the end, that combination would be much more attractive
than all the clutter that we have downtown now. Also, people
do not understand that the street curves, it is not straight.
When you have that, and the low lights, there are going to be
places where things don' t line up.
X. ADJOURNMENT - was at 8 :45 p.m.
Respectfully submitted_
Eleanor K. Love, Secretary
Lansing Planning Board
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Approved with one clarification, 'Page 5, C., second paragraph, regarding satisfactory completion of environmental assessment.
Clarification is: "A motion was made to purchase the parcel, subject to v"!9€►Q—*5 completion of an environmental assessment
INDICATING ACCEPTABLE LEVELS OF CONTAMINATION ACCORDING TO STATE AND FEDERAL REGULATIONS, and the availability of funds."
DRAFT TO CLERK 042895
APPROVED 050295
TO CLERK 0512M
Minutes of the Regular Meeting
LANSING PLANNING BOARD
7 : 30 p.m. , City Council Chambers
Tenth Floor, Lansing City Hall
124 West Michigan Avenue
Tuesday, April 18, 1995
I . OPENING SESSION
Chairman Helen LeBlanc called the meeting to order at
7 : 30 p.m.
A. Roll Call . Present: Forrest, Greiner, LeBlanc,
Marshall, Ruge; five members present; 1 absent (two
vacancies) . Ex officio Councilmembers Jones and Lilly -
not in attendance.
B. Excused Absences - Goolsby.
Mr. Ruge made a motion, seconded by Ms . Marshall, to
excuse Mr. Goolsby; unanimous; carried.
C. Introductions . Eleanor K. Love, Planning Manager,
introduced staff present: James A. Ruff, Zoning
Administrator.
D. Approval of Agenda. Mr. Ruge noted the Zoning and
Ordinance Committee will meet May 10, not May 9 . The
agenda was approved as corrected.
II . HEARINGS - None.
III . COMMENTS FROM THE AUDIENCE (5 minutes each)
MARVIN FOUTY, 160 EAST GRAND RIVER, WILLIAMSTON, MI,
REPRESENTING LIGGETT BROADCAST. I am here to say that we are
proceeding with the five items which need to be resolved,
according to the Urban Planning Committee report, namely, the
access easement to the site across the L&L Construction
property to the south, and the obtaining of the permits from
Dept. of Natural Resources for wetland and floodplain issues .
IV. RECESS - None.
A. BUSINESS SESSION
B. Minutes for Approval : April 4 , 1995 .
Mr. Greiner made a motion, seconded by Mr. Ruge, to
approve the minutes of April 4 , 1995 .
Mr. Ruge said P. 1 I .A. : Ms . LeBlanc was present.
Insert LeBLANC, Marshall, Ruge; Walker; six members
PLANNING BOARD MINUTES APRIL 18, 1995 - PAGE 2
present (ene absent, ene va-GanG�x TWO VACANCIES) ; P . 5 IV.
A. Correct: Walker; LeBLANC.
PLANNING BOARD ACTION on the motion was as follows :
Greiner Yea Marshall Yea
Ruge Yea Forest Yea
LeBlanc Yea
On a roll call vote, there were: Yeas : 5; Nays : 0; carried; minutes
of April 8 , 1995 as corrected were APPROVED.
C. Committee Reports
1 . Zoning and Ordinance Committee:
a. Z-2-95, Vacant Land on Dunckel Road at Aldrich
Dr. , "A" Residential to "E-2" Local Shopping
District
At the Planning Board meeting of March 21,
1995, this item was returned to the Zoning and
Ordinance Committee for reconsideration.
Mr. Martin, who was present, offered other
possible plans and uses for the particular
piece of property; however, the additional
information provided did not significantly
alter the negative impacts that the proposed
development would have on the residential
properties . The committee was not inclined to
consider the rezoning request. Mr. Martin
asked if the Board would consider his using
just the east 70 feet of the parcel for
parking, and leaving the remainder natural .
Mr. Ruff said he would prefer that it be
requested on a Special Land Use, as opposed to
rezoning. At that point, Mr. Martin asked
that his application be withdrawn. He has
subsequently submitted a letter formally
requesting the withdrawal .
Chairman LeBlanc read a letter from Mr. Martin
addressed to Ms . Witherspoon as follows :
"This is our formal request to withdraw this
petition for rezoning. Your efforts and that
of the Planning staff and the Planning Board
are greatly appreciated. .
Mr. Greiner made a motion, seconded by Mr. Forest, to accept the
withdrawal of Z-2-95 .
PLANNING BOARD MINUTES APRIL 18, 1995 - PAGE 3
PLANNING BOARD ACTION on the motion was as follows :
On a voice vote, there were: Yeas : 5; Nays : 0; carried; withdrawal
of Z-2-95, Vacant Land on Dunckel Road at Aldrich Dr. , "A"
Residential to "E-2" Local Shopping District, was ACCEPTED.
b. Z-4-95, 1900 Blk. W. Mt. Hope, "A"
Residential to "D-l" Professional
Office District
This is a request by Grace United Methodist
Church to develop an office building on the
west 1 .4 acre portion of the former C & J
Driveaway property.
C. SLU-2-95, 1900 Boston Blvd. , Expand Church
Parking Lot & Facilities
Mr. Greiner said we do not have sufficient
board members present to act on the rezoning.
Mr. Greiner made a motion, seconded by Mr.
Ruge, to table Z-4-95 and SLU-2-95 .
PLANNING BOARD ACTION on the motion was as follows :
On a voice vote, there were: Yeas : 5; Nays : 0; carried
unanimously; Z-4-95, 1900 Blk. W. Mt. Hope, "A" Residential to
"D-1" Professional Office District and SLU-2-95, 1900 Boston Blvd. ,
Expand Church Parking Lot & Facilities were TABLED.
Next meeting WEDNESDAY, MAY 10, 1995, at 4 p.m. , Planning
Office Conference Room, Second Floor, Washington Square
Annex.
2 . Urban Development Committee, Mr. Ruge, Chair.
Next meeting TUESDAY, APRIL 11, 1995 at 4 p.m. ,
Planning Office Conference Room, Second Floor,
Washington Square Annex.
a. MPA-1-95, Master Plan Amendment, Southwest
Area Comprehensive Plan
Mr. Ruge said there are too few members
present to act on the item. Mr. Ruge made a
motion, seconded by Mr. Forest, to table
Master Plan Amendment, Southwest Area
Comprehensive Plan.
PLANNING BOARD MINUTES APRIL 18, 1995 - PAGE 4
PLANNING BOARD ACTION on the motion was as follows :
On a voice vote, there were: Yeas : 5; Nays : 0; carried; MPA-1-95 ,
Master Plan Amendment, Southwest Area Comprehensive Plan was
TABLED.
b. Act-8-95 , 5800 Aurelius Rd. Liggett Broadcast,
700-ft. FM Radio Tower
This is a request by Liggett Broadcasting to
construct a 700+ ft. radio tower on city-owned
property adjacent to the Sycamore Creek, the
Aurelius Rd. landfill, I-96 and the Oakbrook
industrial plat. Staff analysis of the
proposal indicated five areas of concern which
must addressed before staff would recommend
approval .
The committee discussed the proposal; it was
moved and seconded to recommend approval of
the sale of the property to Liggett Broadcast
for construction of a radio tower, subject .to
the satisfactory resolution of five
conditions :
( 1) Determination of jurisdiction over the
property (whether the Public Service
Dept. or some other department has
jurisdiction) and approval by that
jurisdiction;
(2 ) Wetlands and floodplain permits as
required;
( 3) Board of Zoning Appeals approval for both
a height variance and floodplain
construction;
(4) Access to the site acceptable to the
City. The committee changed that so that
access to the site would be from the
south across L&L Construction; and
(5) Protection of the landfill area,
especially its clay cap.
In committee, a motion was made and carried unanimously to approve
Act-8-95, 5800 Aurelius Rd. , Liggett Broadcast, 700-ft. FM Radio
Tower.
PLANNING BOARD MINUTES APRIL 18, 1995 - PAGE 5
Mr. Ruge made a motion, seconded by Mr. Forrest, to approve Act-8-
95, 5800 Aurelius Rd. , Liggett Broadcast, subject to the five
conditions in the Urban Development Committee Report as amended by
the committee.
PLANNING BOARD ACTION on the motion was as follows :
Forest Yea Greiner Yea
Marshall Yea Ruge Yea
LeBlanc Yea
On a roll call vote, there were: Yeas : 5; Nays : 0; motion carried
unanimously (5-0) ; Act-8-95, 5800 Aurelius Rd. , Liggett Broadcast,
700-ft. FM Radio Tower, was
APPROVED.
C. Act-2-94, Fidelity Farms Plat, Lots 30, 31,
32; Purchase for Parks
This is a request by the Lansing Parks and
Recreation Department to acquire a parcel of
land adjacent to and south of Crego Park which
has an access easement directly to Mt. Hope
Avenue.
The Urban Development Committee discussed the
issues . A motion was made to purchase the
parcel, subject to satisfaGtGEY completion of
an environmental assessment INDICATING
ACCEPTABLE LEVELS OF CONTAMINATION ACCORDING
TO STATE AND FEDERAL REGULATIONS, and the
availability of funds . The motion was
seconded and carried unanimously.
Mr. Ruge made a motion, seconded by Mr. Forrest, to approve
Act-2-94, Fidelity Farms Plat, Lots 30, 31, 32; Purchase for Parks,
subject to satisfactory completion of an environmental assessment
and the availability of funds .
Chairman LeBlanc said it was conditioned upon the Parks Department
having the funds for such a purchase. Mr. Ruge and Mr. Forrest
accepted the friendly amendment.
PLANNING BOARD ACTION on the motion was as follows :
Greiner Yea Marshall Yea
Ruge Yea Forrest Yea
LeBlanc Yea
On a roll call vote, there were: Yeas : 5; Nays : 0; motion carried
unanimously (5-0) , Act-2-94, Fidelity Farms Plat, Lots 30, 31, 32;
Purchase for Parks, was APPROVED.
PLANNING BOARD MINUTES APRIL 18, 1995 - PAGE 6
Next meeting TUESDAY, MAY 9 , 1995 at 4 p.m. ,
Planning Division Conference Room, Second Floor,
Washington Square Annex.
3 . Executive Committee - Did not meet.
C. Report from Planning Manager, Ms . Love:
We have our budget hearing before City Council this
Saturday at 9 a.m. for the upcoming year, along with
Parks, Clerk, and Mayor' s Office.
We are in a court case, Z-2-92 , NW Corner of Glenburne
and Waverly Road. It seems to be going well . There are
seven vacant single-family lots, clustered at the
intersection. The owner argues that the zoning to the
south, which is the carwash on the south side of
Glenburne, is commercial; therefore, he should receive
the "D-1" Professional Office District. It is our
position that the "F" Commercial Zoning occurred in 1969 ,
subsequent to annexation the previous year, and that
there was no master plan for that area at the time of the
rezoning and that the rezoning was done as part of an
overall package that was much larger. The Planning Board
shrunk it from eight acres to two acres , but a two-acre
site exists there for commercial development. We made a
mistake when we did it, and it was not in conformance
with the master plan because there wasn't one. When a
master plan was done in 1980, the master plan admits that
there was a mistake there and that two wrongs don' t make
a right. Jack Roberts has been defending us very
admirably; he is very well prepared. You can't predict
outcomes , but it has been an interesting two days . I
think the judge understands our position, and that we are
consistent with the things we have done in that area
along Waverly since the master plan has been in affect.
We have been consistent with the master plan in all of
our recommendations including the Bank One case just
south of the car wash, which we won several years ago.
Next month we will have a public hearing for a cellular
communications tower. We have had inquiries about other
locations in the southwest part of the city.
D. Pending Items : Future action required
1 . Zoning and Ordinance Committee:
a. Z-3-91, 4700 Block Aurelius Road (Committee
Held per continuance request)
2 . Planning Board:
a. Z-9-94 , 1500 Blk. E. Michigan, "C"
Residential, "DM-3" Residential and "F-1"
Commercial Districts to "DM-3" Residential
PLANNING BOARD MINUTES APRIL 18, 1995 - PAGE 7
District; Church of the Resurrection, Remove
three houses and cafeteria building and
construct new parish hall - (Planning Board
Tabled 092094)
VI . NEW BUSINESS - None
VII . COMMUNICATIONS
The letter from Mr. Alan Martin, Quality Dairy, requesting
withdrawal of Z-2-95, has already been read.
VIII. COMMENTS FROM CHAIRPERSON
Chairman LeBlanc directed members ' attention to an article in
Preservation Network News about Ypsilanti denying a demolition
permit to the First Presbyterian Church to demolish a historic
house owned by the church. The denial was appealed to the
Michigan Department of State Hearings Division and was upheld.
The church claimed that there were three circumstances which
should cause a demo permit to be issued. First, they said,
the house was a safety hazard; second, retaining the house
would be an undue financial hardship for the church; and
third, the retention was not in the interests of the majority
of the community. The Commission found, among other things,
that the church had owned this house for the past 20 years and
had leased it during that time and had put no money into
repairs on the structure, and that if it was a safety hazard,
it was their fault. It was not such a bad safety hazard that
it could not be fixed. They also found that the church has no
more immunity than any individual . If an individual can be
forced to maintain and repair property to keep it from being
demolished, then so can a church. This ties in to several
issues that have been before this board.
Chairman LeBlanc may have to miss the Zoning and Ordinance
Committee meeting on May 10 . Ms . Marshall agreed to attend in
her place.
IX. BOARD MEMBER COMMENTS
Mr. Ruge asked about Resurrection Church. Ms . Love said that
just before the last Board meeting, the church submitted
information which was made available to the neighborhood. A
response has been received from Dolores Wood on behalf of the
neighborhood. All this information should be discussed by the
Z&O committee and then brought back to the Board because, even
though the Resurrection issue is tabled at the Board, this new
information has not yet been discussed in committee.
Originally, we thought it might be discussed at the April Z&O
meeting, but we do anticipate it being on the May Z&O agenda.
PLANNING BOARD MINUTES APRIL 18, 1995 - PAGE 8
Mr. Ruge made a motion, seconded by Mr. Greiner, to remove
from table Z-9-94 , 1500 Blk. E. Michigan, and return to Z&O
Committee to consider additional information that was not
available at the time of the original petition came to the
Board, and subsequent return to the Board.
PLANNING BOARD ACTION on the motion was as follows :
On a voice vote, there were: Yeas : 5 ; Nays : 0; carried unanimously
for Z-9-94 to be removed from table and returned to the Z&O
committee; APPROVED.
Mr. Ruge asked when to expect copy for revised Board Policies and
Procedures . Ms . Love suggested the third or fourth week of May for
a meeting of the Executive Committee and a draft.
X. ADJOURNMENT - was at . 8 : 08 p.m.
Respectfully submitted
Eleanor K. Love, Secretary
Lansing Planning Board
c:\wp\data\p1anbd\mn041895
DRAFT TO CLERK 051295
APPROVED 052095
TO CLERK 0
Minutes of the Regular Meeting
�UL 10 [-%' `: CIELANSING PLANNING BOARD
7 : 30 p.m. , City Council Chambers
Floor, Lansing City Hall
124 West Michigan Avenue
Tuesday, May 2, 1995
I . OPENING SESSION
Chairman Helen LeBlanc called the meeting to order at
7 : 33 p.m.
A. Roll Call . Present: Forrest, Goolsby, Greiner, LeBlanc,
Marshall, Ruge; six members present (two vacancies) . Ex
officio Councilmembers Jones and Lilly--not in
attendance.
B. Excused Absences - None.
C. Introductions . Eleanor K. Love, Planning Manager,
introduced staff present: James A. Ruff, Zoning
Administrator; and Louise H. Christian, Planning Board
Secretary.
D. Approval of Agenda. The agenda was approved as printed.
II . HEARINGS - Items for hearing will be referred to the Zoning
and Ordinance Committee meeting on Wednesday, May 10, 1995 at
4 p.m. in the Planning Conference Room.
A. Z-5-95, 5637 Hughes Road, "A" Residential to "C"
Residential District
Mr. Ruff presented the case, a request to rezone property
at 5637 Hughes Road to permit razing a house and
subsequent construction of a duplex. The two lots,
divided in 1991 by City Council action, would be
recombined.
The petitioner was not present, and no one spoke. The
item was referred to the Zoning and Ordinance Committee.
B. Z-6-95, 4300 S. Pennsylvania Ave. , "E-2" Local Shopping
District to "F" Commercial District
Mr. Ruff presented the case, a request to rezone vacant
property at 4300 S. Pennsylvania Avenue, at the southwest
corner of Cavanaugh and Pennsylvania, for development of
a used car dealership.
RICHARD COOLEY, no addess given, present on behalf of the
applicant, Michael Donth. Mr. Cooley related six points
in support of the rezoning request.
PLANNING BOARD MINUTES MAY 2 , 1995 - PAGE 2
1 . The rezoning request complies with the master plan
for the area, which is commercial use.
2 . The proposed zoning district would be consistent
with the land use pattern for the area.
3 . The proposed zoning district and proposed use would
increase the market value of the property and its
revenue-producing status .
4 . The proposed zoning and use would be consistent
with other commercial uses in the area.
5 . We believe that the proposed zoning and proposed
new use will actually improve the access
characteristics of the property by moving the
access points farther away from the intersection
than at present and will improve the level of
service at the intersection.
6 . The rezoning and proposed use will not adversely
impact in terms of excessive noise, odors or other
negative factors .
We request that you approve the zoning. The
applicant is not present, but other representatives
are here for any questions .
Mr. Ruff reported receiving a phone call
questioning whether or not the property is still
contaminated.
DICK MOONEY, PROPERTY OWNER. The property was
cleaned up a long time ago. There is nothing on
the site. The DNR and the State of Michigan, even
though it' s cleaned up, they don't give it a clean
bill of health. The environmental people still
have it on the hot list, because once they have
determined there' s a problem, follow-up is going to
be long.
Referred to Zoning and Ordinance Committee.
C. SLU-3-95, 3205 Forest Road, Cellular Communications Tower
Mr. Ruff presented the case, a request by Traverse Bay
Land Company, representing Century Cellunet to utilize
part of the property at 3205 Forest Road for a cellular
tower of 169 feet in height, including the tower and
lightning rod. Adjacent to the property is the city
cemetery to the north and west; I-496 is to the east; to
PLANNING BOARD MINUTES MAY 2, 1995 - PAGE 3
the south is multiple family residential development
zoned "CUP" , Community Unit Plan.
Chairman LeBlanc asked if a height variance from the
zoning code will be needed; Mr. Ruff said yes, the case
will be heard by the Board of Zoning Appeals on
May 11, 1995 .
LYN FITZSIMONS, TRAVERSE BAY LAND COMPANY, REPRESENTING
CENTURY CELLUNET. The petitioner is requesting a special
land use permit to construct a 150-foot-tall cellular
communications tower to erect an antenna for cellular
transmissions . In addition to the tower, there will be
a 19-foot-tall lightning rod attached on top, for a total
height of 169 feet. At the base of the tower will be
erected an unmanned portable 11 ft. x 20 ft. equipment
building; electricity and telephone service will be
required at the site. Because the site is unmanned,
water and sewer will not be required. Utilities would
come up from the south from Forest Road. We have
requested approval for an access through the cemetery
from the north. We have met with Parks and Recreation
and submitted our proposal and plans . They are agreeable
and will forward the plan to the City Attorney. We are
also working on a route for permanent access coming from
the south off from Forest Road along the property owned
by the lessor. That route would cross a narrow isolated
area of wetlands; we would require a wetlands permit from
the State of Michigan to construct a road through the
wetland. You have in your package a site plan issued by
the surveyor. Due to proximity of the wetlands, our
consultant has advised that we should move the site to
the north 28 feet to allow an additional 28 feet of
buffer between the site and the wetlands . This would
move the site adjacent to the south property line of the
City cemetery and would place it in the northwest corner
of the property owned by the lessor. To the north of the
site is the city cemetery; the rest of the site is
surrounded by mature trees; to the east is I-496; to the
south lie residential properties . The site is completely
screened by the woods from the residences . These towers
are designed to exceed maximum wind velocities allowed by
national safety standards; in addition, to increase the
safety buffer, calculations are added for a half-inch of
ice on the tower. These towers are designed so that, in
the event of failure, they would fold in the middle and
fall down upon the site rather than tip over intact.
Setbacks will be maintained for the tower and equipment
building. Additional safety features include a gate at
the road entrance, an 8-foot-tall chain link fence
surrounding the tower and equipment building, and several
PLANNING BOARD MINUTES MAY 2, 1995 - PAGE 4
alarms to alert Century Cellunet to problems such as
fire, intrusion, system or power failure. Century has
submitted an application to the FAA for approval of the
tower, inasmuch as towers have the potential of becoming
obstructions to air traffic. The application is pending.
Special paint colors or installations of lights may be
required. The facility is necessary in this general area
because of the increased number of Cellular subscribers .
The Century system is becoming inadequate to handle the
increased volume of telephone calls . This tower would
allow more calls to be handled simultaneously. This site
was selected as the best location to achieve Century' s
objective for coverage, and also to minimize any impacts
on the subject property or adjoining properties . The
site is screened by natural screening, adjacent to the
city cemetery. We should not have the kinds of concerns
as in the previous petition.
Mr. Greiner said the property drops off dramatically to
the south. Will the tower be constructed atop the
decline, or at the bottom, and will you lose 20 feet of
elevation? Mr. Fitzsimons said the tower and equipment
building will be at the bottom of the radical decline.
The leased area will come up to the property line. We
have taken into account the elevation at the tower
location.
Ms . Marshall asked if this tower takes the place of the
one previously petitioned for? Mr. Fitzsimons said no,
this is separate. We will address the previous petition
by proposing new locations .
CLARA B. ANDERSON, 3000 FOREST ROAD, ACROSS THE STREET
FROM THE TOWER LOCATION. I have one question. I have
double hearing involvement; will I still be able to hear
well, or will I have to gum up my ears so I won't have to
hear anything?
Mr. Fitzsimons said the towers make no impact on
television or radio receptions, or pace makers . Nothing
should be affected by cellular transmissions . The site
itself does not make any noise; it is silent; there is no
odor. In the event of power failure, there could be some
noise from a portable gas-fired generator brought to the
site to provide electricity until power can be restored.
Regarding electronic equipment, telephone or television
or hearing aids, there should be no impact. Call us
collect if you have questions .
Referred to Zoning and Ordinance Committee .
PLANNING BOARD MINUTES MAY 2, 1995 - PAGE 5
III . COMMENTS FROM THE AUDIENCE (5 minutes each) - None.
IV. RECESS - None.
V. BUSINESS SESSION
A. Minutes for Approval : April 18, 1995
Mr. Greiner made a motion, seconded by Mr. Goolsby, to approve the
minutes of April 18, 1995 .
Ms . Love asked to clarify one item, on Page 5, C. , second
paragraph, a motion was made to purchase the parcel subject to
satisfactory completion of environmental assessment. The word
"satisfactory" is ambiguous . Is it satisfactory completion (it can
be completed satisfactorily and still be contaminated) ? I suggest
we clarify the statement to say "A motion was made to purchase the
parcel subject to completion of an environmental assessment
indicating acceptable levels of contamination according to state
and federal regulations, and the availability of funds . "
PLANNING BOARD ACTION on the motion was as follows :
Forrest Yea Greiner Yea
Marshall Yea Ruge YeS
Goolsby Yea LeBlanc Yea
On a roll call vote, there were: Yeas : 6; Nays : 0; carried
unanimously; minutes of March 21, 1995 as amended were APPROVED.
B. Committee Reports
1 . Zoning and Ordinance Committee, Mr. Greiner, Chair.
a. Z-4-95, 1900 Blk. W. Mt. Hope, "A" Residential
to "D-1" Professional Office District (tabled
at meeting of April 18, 1995)
Mr. Greiner made a motion, seconded by Mr.
Goolsby, to remove Z-4-95 and SLU-2-95 from
the table; voice vote, Yeas : 6; Nays: 0;
carried unanimously; Z-4-95 and SLU-2-95 were
removed from table.
Z-4-95, 1900 Blk. W. Mt. Hope, "A" Residential
to "D-1" Professional Office District, is a
request by Grace United Methodist Church to
develop an office building on the west
1 . 4-acre portion of the former C & J Driveaway
property.
PLANNING BOARD MINUTES MAY 2 , 1995 - PAGE 6
The committee found, based on testimony,
evidence and the staff report, that the
rezoning would be in conformance with the
Master Plan as amended, compatible with
surrounding land uses, and would not adversely
impact the traffic, environment, nor the
future patterns of development.
Based on the foregoing, in committee a motion
was made, seconded and approved unanimously to
approve Z-4-95 .
Mr. Greiner made a motion, seconded by Mr. Goolsby, based on
testimony, evidence and the staff report, a copy of which is
attached hereto and made a part thereof, to approve Z-4-95, 1900
Blk. W. Mt. Hope, "A" Residential to "D-1" Professional Office
District.
PLANNING BOARD ACTION on the motion was as follows :
Goolsby Yea Greiner Yea
Marshall Yea Ruge Yea
Forrest Yea LeBlanc Yea
On a roll call vote, there were: Yeas : 6 ; Nays : 0; carried
unanimously; Z-4-95, 1900 Blk. W. Mt. Hope, "A" Residential to "D-
1" Professional Office District was APPROVED.
C. SLU-2-95, 1900 Boston Blvd. , Expand Church Parking Lot &
Facilities .
This is a request to expand the parking area for the
Grace United Methodist Church onto the eastern portion of
the former C&J Driveaway property and in the future be
able to construct a gymnasium-type addition onto the
youth center building located on this property.
The committee found, based on testimony, evidence and the
staff report, that the special land use permit, SLU-2-95,
1900 Boston Blvd. , meets all of the nine principles
required by the Planning and Zoning Code.
In committee, a motion was made, seconded and carried
unanimously (3-0) to approve SLU-2-95, subject to the
approval of the landscape, screening and buffering plan
submitted for review and approval for the site plan
review process .
Mr. Greiner made a motion, seconded by Mr. Goolsby, based on
testimony, evidence and the staff report, a copy of which is
attached hereto and made a part thereof, to approve SLU-2-95,
PLANNING BOARD MINUTES MAY 2 , 1995 - PAGE 7
subject to the approval of the landscape, screening and buffering
plan submitted for review and approval for the site plan review
process .
PLANNING BOARD ACTION on the motion was as follows :
Greiner Yea Marshall Yea
Ruge Yea Forrest Yea
Goolsby Yea LeBlanc Yea
On a roll call vote, there were: Yeas : 6; Nays : 0; carried
unanimously; SLU-2-95, 1900 Boston Blvd. , Expand Church Parking Lot
& Facilities was APPROVED.
Next meeting WEDNESDAY, May 10, 1995, at 4 p.m. , Planning Division
Conference Room, Second Floor, Washington Square Annex at which
time Z-5-95, Z-6-95, and SLU-3-95 will be considered.
Mr. Ruff noted for the record that at the last meeting announcement
was made that the Zoning and Ordinance Committee expected at the
May 10, 1995 meeting to take up Z-9-94 . That item will be held for
another month, because the church is trying to straighten out some
internal matters regarding their presentation and action. Too, we
are concerned about getting two new board members and their having
an opportunity to see the case before having to vote on it in
committee.
D. Urban Development Committee, Mr. Ruge, Chair.
1. MPA-1-95, Master Plan Amendment, Southwest Area
Comprehensive Plan, tabled at meeting April 18,
1995 .
Mr. Ruge made a motion, seconded by Ms . Marshall,
to remove MPA-1-95 from the table; voice vote,
Yeas : 6; Nays : 0; carried unanimously; MPA-1-95 was
removed from table.
This is a request to clarify and expand on the
patterns of development previously identified and
approved in the Southwest Area Master Plan. The
plan identified the C&J Driveaway facility for low
density residential development. The designation
was established as a holding zone for future
development compatible with surrounding uses . Due
to more recent changes in ownership and division of
the C&J property as well as adjacent zoning changes
in the area, the staff recommended an amendment in
the Comprehensive Plan.
PLANNING BOARD MINUTES MAY 2 , 1995 - PAGE 8
The recommendation would extend the community
facilities (churches) into at least two-acre
parcels to meet new minimum zoning code
requirements, office use along Mt. Hope and
multiple family residential as a transition into
the single family developments to the south and
west.
The committee found that the proposed Master Plan
amendments provide a logical pattern of development
for the future.
In committee, a motion was made, seconded, and
carried unanimously to recommend approval of the
proposed changes in land use patterns at the SW
corner of Mt. Hope and Boston Blvd. as outlined on
the attached map.
Mr. Ruge made a motion, seconded by Mr. Forrest, to approve
MPA-1-95, Master Plan Amendment, Southwest Area Comprehensive Plan.
PLANNING BOARD ACTION on the motion was as follows :
Greiner Yea Marshall Yea
Ruge Yea Forrest Yea
Goolsby Yea LeBlanc Yea
On a roll call vote, there were: Yeas : 6 ; Nays : 0; carried
unanimously; MPA-1-95, Master Plan Amendment, Southwest Area
Comprehensive Plan was APPROVED.
Next meeting TUESDAY, MAY 9, 1995 at 4 p.m. , Planning Division
Conference Room, Second Floor, Washington Square Annex.
2 . Executive Committee
a. Revision of Board Policies and Procedures
Next meeting: Thursday, June 1, 1995 at 4
p.m. Mr. Goolsby said he could not attend at
that time.
C. Report from Planning Manager, Ms. Love.
Ms . Love said she is working on changes to the Rules and
Procedures for the Planning Board.
We are getting ready to purchase the triangle from the
State of Michigan and sell it to the church. I have to
review a tentative buy-sell agreement with the church
that will be moving ahead in the next couple of weeks .
We are moving ahead on the stadium, and also working on
PLANNING BOARD MINUTES MAY 2 , 1995 - PAGE 9
a street light policy for downtown. It would be historic
lights in all the downtown area. They will be put in on
Michigan Avenue and on Washington, on the Shiawassee
Street bridge, around the new parking lot where the
triangle is by the Grand Tower, and on the Kalamazoo
Street bridge.
We are looking for two new board members; one nominee is
from the east side, Jarl Nischan; the nominee from the
southwest side tentatively is Rita Klein. Mr. Nischan' s
name has been submitted to City Council and referred to
Physical Develoment; he will be interviewed next week.
Ms . Klein' s nomination will appear this Monday night;
hopefully it will be on Tuesday as well .
The Principal Shopping District Ordinance, which is being
promoted by Lansing 2000, is moving along; it would
create an ordinance establishing a district from Lenawee
along the river up to North Lansing for the purpose of
levying a special assessment for promotions, advertising,
special events . A full time staff of two-and-a-half or
three people would do business retention, and recruitment
for the downtown area. They would work with the City on
a new plan for downtown. "I told Mr. Lilly I thought the
Board would welcome having a single voice in the downtown
area with which to communicate, rather than the nine
different groups as at present. It would facilitate
communication, talking with a single entity representing
the entire downtown area. "
Mr. Goolsby said it has been very successful in Flint,
and also in downtown Birmingham revitalization. It
allows assessments for promotions, a tool which has
always been lacking in downtown here.
Ms . Love said Mr. Lilly suggested designating this board
as being an urban design review board. "I would have to
see how this would work; however, it is in the master
plan that downtown needs an urban design review board in
order to create more interesting buildings and facade
restorations . "
Mr. Goolsby asked about the Seven Block Area RFP. Ms .
Love said the Citizens Committee received it at the last
meeting; they will soon finish reviewing. Mr. Goolsby
said signs should be erected delineating the Seven Block
Redevelopment Area. All the houses on St. Joseph are
boarded up; people who don't know wonder what is going on
there. Ms . Love said we are proceeding with Mr. Howe' s
expansion of his printing business . Starting in June, we
will begin to acquire houses on the north side of
Kalamazoo and the south side of Washtenaw, which means
more boarded-up houses . It would be important to let
people know what is going on, by means of signage.
PLANNING BOARD MINUTES MAY 2 , 1995 - PAGE 10
D. Pending Items : Future action required
1 . Zoning and Ordinance Committee:
a. Z-3-91, 4700 Block Aurelius Road (Committee
Held per continuance request)
b. Z-9-94, 1500 Blk. E. Michigan, "C"
Residential, "DM-3" Residential and "F-1"
Commercial Districts to "DM-3" Residential
District; Church of the Resurrection, Remove
three houses and cafeteria building and
construct new parish hall
VI . NEW BUSINESS - None.
VII . COMMUNICATIONS - None.
VIII. COMMENTS FROM CHAIRPERSON - None.
IX. BOARD MEMBER COMMENTS
Mr. Ruge asked about the Urban Development Committee' s agenda
for next meeting; Ms . Love said there are three acts . This
afternoon we had a meeting with Harry Hepler, the owner of the
microbrewery, the Blue Coyote, on Pere Marquette. Originally
they had planned to put a hops silo behind the building.
Because of other required construction, now there is no room
for the hops silo, which is 9 ft. across by 35 ft. high and
holds 65 ,000 pounds of hops . The hops will be moved by vacuum
tube up and over the top of the building and down the other
side into the brewing vats . The problem is that Harry has
about 3 feet around the outside perimeter of his building to
his property line, and he has to keep the silo 3 feet away
from the building because it is so heavy; otherwise, the
footings for the silo would put too much pressure on the
basement wall foundation. He is requesting a 10 ft. x 10 ft.
easement from the City to place the stainless steel silo,
surrounded by protective bollards, in front of the building.
We would need to receive agency and utility responses by next
committee meeting; if responses are not received, perhaps we
could have a short 15-minute committee meeting prior to the
next Board meeting.
X. ADJOURNMENT - was at 8 : 30 p.m.
Respectfully submitted
Eleanor K. Love, Secretary
Lansing Planning Board
c:\wp\data\p1anbd\mn050295
APPROVED 060694 WITH ONE ORANGE P. 9 LN. 6.33" P09. 5.3" Chairman LeBlanc said ". HER decision. . . .
APPROVED 060695
• TO CLERK 061695
'•f`�`"_`try��.i
Minutes of the Regular Meeting
L LANSING PLANNING BOARD
7 : ,0 p.m. , City Council Chambers
CITY CLW7e ith Floor, Lansing City Hall
124 West Michigan Avenue
Tuesday, May 16 , 1995
I . OPENING SESSION
Chairman Helen LeBlanc called the meeting to order at
7 : 33 p.m.
A. Roll Call . Present: Forrest, Goolsby, Greiner, LeBlanc,
Marshall, Ruge; six members present (two vacancies) . Ex
officio Councilmembers Jones and Lilly--not in
attendance.
B. Excused Absences - None
C. Introductions . Eleanor K. Love, Planning Manager,
introduced staff present: James A. Ruff, Zoning
Administrator; William C. Rieske, Principal Planner; and
Louise H. Christian, Planning Board Secretary.
D. Approval of Agenda. The agenda was approved as printed.
II . HEARINGS - None
III . COMMENTS FROM THE AUDIENCE (5 minutes each) - None.
IV. RECESS . The Urban Development Committee did not meet, either
at the recess, or at 7 p.m. prior to the Planning Board
meeting.
V. BUSINESS SESSION
A. Minutes for Approval : May 2, 1995
Mr. Greiner made a motion, seconded by Mr. Ruge, to approve the
minutes of May 2, 1995 .
PLANNING BOARD ACTION on the motion was as follows :
Forrest Yea Greiner Yea
Marshall Yea Ruge Yea
Goolsby Yea LeBlanc Yea
On a roll call vote, there were: Yeas : 6 ; Nays : 0; carried
unanimously; minutes of May 2 , 1995 were approved as printed;
APPROVED.
PLANNING BOARD MINUTES MAY 16 , 1995 - PAGE 2
B. Committee Reports
1 . Zoning and Ordinance Committee, Mr. Greiner, Chair.
a. Z-5-95 , 5637 Hughes Road, "A" Residential to
"C" Residential District
The petitioner is proposing to raze the house
at 5637 Hughes Road for the construction of a
duplex. The adjacent lot to the west will be
combined for this purpose. The property was
annexed to the City in 1964 and placed in the
"A" Residential District. In 1991, City
Council approved a lot split for the property
located at 5637 Hughes Road to divide the two
lots into 56-foot widths and 134-foot depths .
The proposed use could be compatible with the
existing surrounding land uses , specifically
those on the north side of Hughes Road. Since
the majority of the properties on the north
side of Hughes Road consist of a mix of land
uses, it would be more realistic to rezone
this property to the "C" Residential District.
Therefore, the proposed use would be
compatible with existing uses .
There should be no negative impacts associated
with vehicular and pedestrian traffic due to
the construction of a duplex. The land uses
on the north side consist of a mix of zoning
districts . The proposed "C" Residential
District would be less intense than existing
uses .
Staff recommends approving the rezoning of the
property at 5637 Hughes Road from "A"
Residential to "C" Residential for the purpose
of building a duplex.
In committee, it was found, based on
testimony, evidence, and the staff report,
that the existing land uses consist of a mix
of zoning districts, and that the proposed "C"
Residential District would be less intense
than present uses . The "C" Residential
District would be compatible with existing
uses . Since the majority of the properties on
the north side of Hughes Road consist of a mix
of land uses , it would be reasonable to rezone
this property to the "C" Residential District.
PLANNING BOARD MINUTES MAY 16, 1995 - PAGE 3
In committee, a motion was made and seconded
to approve Z-5-95, 5637 Hughes Road, "A"
Residential to "C" Residential District;
motion carried unanimously, 3-0 .
Mr. Greiner made a motion, seconded by Mr. Goolsby, based on
testimony, evidence, and the staff report, a copy of which is
attached hereto and made a part thereof, to approve Z-5-95,
5637 Hughes Road, "A" Residential to "C" Residential District.
PLANNING BOARD ACTION on the motion was as follows :
Goolsby Yea Greiner Yea
Marshall Yea Ruge Yea
Forrest Yea LeBlanc Yea
On a roll call vote, there were: Yeas : 6 ; Nays : 0; carried
unanimously; Z-5-95, 5637 Hughes Road, "A" Residential to "C"
Residential District was APPROVED.
b. Z-6-95, 4300 S . Pennsylvania Ave. , "E-2" Local
Shopping District to "F" Commercial District
The applicant proposes to develop the property
for use as a used car dealership. The
Southeast Comprehensive Plan designates this
area for commercial development.
The proposed rezoning for the car lot is
compatible with surrounding land use and
should not adversely impact circulation
patterns, the environment, or future patterns
of development.
Staff recommends the subject parcel be rezoned
from "E-2" Local Shopping District to the "F"
Commercial District.
In committee it was found, based on testimony,
evidence, and the staff report, that the
requested change from "E-2" Local Shopping
District to "F" Commercial District for the
proposed car lot is compatible with
surrounding land use and should not adversely
impact circulation patterns, the environment,
or future patterns of development.
In committee, it was moved, seconded and
approved unanimously (3-0) to approve Z-6-95,
4300 S . Pennsylvania Ave. , "E-2" Local
Shopping District to "F" Commercial District.
PLANNING BOARD MINUTES MAY 16 , 1995 - PAGE 4
Mr. Greiner made a motion, seconded by Mr. Goolsby, based on
testimony, evidence, and the staff report, a copy of which is
attached hereto and made a part thereof, to approve Z-6-95,
4300 S . Pennsylvania Ave. , "E-2" Local Shopping District to "F"
Commercial District.
Mr. Ruge asked about setback requirements . Mr. Ruff said a large
setback exists there; there are no setback requirements for parking
so long as they are on their own property.
Mr. Greiner asked about what other types of uses are included in
the "F" Commercial District that are not included in the "E-2" .
Mr. Ruff said "E-2" allows convenience retail services , restaurant,
bar, office uses and other uses with a special land use permit.
When you go to "F" Commercial, one of the uses that is allowed is
used car sales (subject to special conditions) ; billboards, and so
forth. There is not a whole lot more allowed in the "F" Commercial
District than in the "E-2" District. Mr. Greiner asked what are
height restrictions for billboards ; Mr. Ruff said they are not
substantially different.
Ms . LeBlanc expressed her concerns with billboards; there is a need
to rework the billboard ordinance. "Until we get a better handle
on where billboards are allowed, I can' t see establishing another
site for a billboard. "
Mr. Ruge asked if a billboard is proposed for this lot . Ms .
LeBlanc said no, but we have to look at all possible uses
permitted. Once we approve rezoning, any use permitted would be
allowed.
Ms . Love said off-premise advertising is not presently permitted on
the property. In convenience retail, the ordinance does not permit
billboards to be established.
Chairman LeBlanc said a yes vote is a vote to approve.
PLANNING BOARD ACTION on the motion was as follows :
Goolsby Yea Greiner Yea
Marshall Yea Ruge Yea
Forrest Yea LeBlanc No
On a roll call vote, there were: Yeas : 5; Nays : 1; motion carried;
Z-6-95, 4300 S . Pennsylvania Ave. , "E-2" Local Shopping District to
"F" Commercial District was APPROVED.
NOTE: The motion carries; however, the case does not go to City
Council with an "approved" recommendation. It merely goes with the
5-1 vote, without a recommendation. According to state law,
rezonings are required to have six affirmative votes (at present,
the Board has six members and 2 vacant seats) .
PLANNING BOARD MINUTES MAY 16, 1995 - PAGE 5
C. SLU-3-95, 3205 Forest Road, Cellular
Communications Tower
Traverse Bay Land Company, agent for Century
Cellunet, is requesting approvals necessary to
permit construction of a 150-foot-tall
cellular telephone tower with a 19-foot-tall
lightning rod ( for a total height of 169
feet) . The location of the subject property
is 3205 Forest Road, west of I-496 and south
of Evergreen Cemetery (2800 E. Mt. Hope) .
Developer' s proposal provided to the Board on
May 2, 1995 .
The necessary approvals to permit development
of this project include approval of a Special
Land Use permit under Section 1248 . 04 (e) of
the Zoning Code, permitting construction and
operation of a "structure which is owned or
operated by a public utility. " and
approval of a variance from Section 1254 . 10 of
the Zoning Code, by the Board of Zoning
Appeals, to permit the' proposed structure of
169 feet in height total. The maximum height
permitted by right in the "A" Residential
District is 35 feet, with 15 feet for
accessory structures .
The Special Land Use is requested to permit
construction of a 169-foot-tall cellular
telephone tower as a structure owned and
operated by a public utility. In addition to
the request for a Special Land Use Permit, an
application is pending for a variance to
permit the height of the tower to be 169 feet;
the "A" Residential District permits
structures up to 35 feet in height.
Staff believes that the proposed location of
the tower on the site is appropriate. The
proposed location is visually isolated from
any residential land uses in the vicinity,
will have minimum visual impact, and may
encourage the nursery use to continue on this
property. Staff recommended that this
approval be conditional upon approval of the
height variance by the Board of Zoning
Appeals .
PLANNING BOARD MINUTES MAY 16 , 1995 - PAGE 6
In committee, Mr. Goolsby asked about the
structure of the tower. Mr. Link explained
that it will be a lattice-type free-standing
tower capable of withstanding 85 mph winds at
ground level . For this site, they are
proposing a three-legged, free-standing tower,
with legs approximately 15 feet on centers .
For a tower such as this , FAA does not require
a light. Mr. Greiner asked about the number
of towers that will be required in Lansing
similar to this one. Mr. Link said that a
three-mile interval between towers is the
current goal . The main tower is centrally
located, on River Street. This proposal will
allow the splitting of the use of the
frequencies in southeast Lansing. Towers
southwest, northwest and northeast of the
central tower could be anticipated. Some of
these may be outside the city limits .
Mr. Greiner asked about whether or not tower
use could be shared, or if Century Cellunet
would have sole use of the tower. Mr. Link
said Century Cellunet alone would be using the
tower; practically, sharing would be very
difficult. Discussion ensued regarding the
communications industry.
In committee it was found, based on testimony,
evidence, and the staff report, that the
requested Special Land Use to permit
construction of a 150-foot-tall cellular
telephone tower with a 19-foot-tall lightning
rod ( for a total height of 169 feet) will not
have an adverse effect on surrounding
properties . The proposed location is isolated
from any residential land uses in the
vicinity, will have minimum visual impact, and
may encourage the nursery use to continue on
this property. The proposed location of the
tower on the site is appropriate because of
its visual isolation from residential land
uses in the vicinity.
In committee, it was moved, seconded and
carried unanimously to approve SLU-3-95 , 3205
Forest Road, Cellular Communications Tower,
conditioned upon approval of the height
variance by the Board of Zoning Appeals .
PLANNING BOARD MINUTES MAY 16 , 1995 - PAGE 7
Mr. Greiner made a motion, seconded by Mr. Goolsby, based on
testimony, evidence, and the staff report, a copy of which is
attached hereto and made a part thereof, to approve SLU-3-95, 3205
Forest Road, Cellular Communications Tower, Century Cellunnet.
Mr. Ruff noted that the Board of Zoning Appeals has tabled a height
variance request pending the outcome of the special land use
request. After Council acts on the special land use, the Board of
Zoning Appeals will take up the matter--they will not act until the
land use issue is resolved. If Council does not approve the SLU,
the Board of Zoning Appeals will not approve the variance.
Mr. Goolsby emphasized that at the Zoning and Ordinance Committee
meeting, much discussion took place concerning future plans and
requirements of the City in connection with this petition.
PLANNING BOARD ACTION on the motion was as follows :
Greiner Yea Marshall Yea
Ruge Yea Forrest Yea
Goolsby Yea LeBlanc Yea
On a roll call vote, there were: Yeas : 6 ; Nays : 0; carried
unanimously; SLU-3-95, 3205 Forest Road, Cellular Communications
Tower was APPROVED.
Next meeting WEDNESDAY, June 14, 1995, at 4 p.m. , Planning Division
Conference Room, Second Floor, Washington Square Annex.
C. Urban Development Committee, Mr. Ruge, Chair.
1 . Act-10-95, 1100 Blk. Kingsley Ct. , Sale of
Residential Lots .
The action requested is an Act 285 review regarding
the disposition of two properties on Kingsley
Court. Parcel A (PPN 3301-17-405-322 ) , a buildable
lot, is proposed for sale at a nominal price to an
as-yet-undesignated nonprofit housing organization
for infill housing. Parcel B (PPN 3301-17-405-
351) , which is not a buildable lot, is proposed to
be split in two, sold at a nominal price to the
owners of adjacent properties, and combined with
those properties for legal and tax purposes . In
committee, it was moved, seconded, and unanimously
approved ( 3-0) to sell both parcels at a nominal
cost provided:
a. That the obsolete curb cuts be closed;
PLANNING BOARD MINUTES MAY 16 , 1995 - PAGE 8
b. That Parcel A be sold to a nonprofit housing
developer for infill development that is
compatible with the size, scale and design of
the existing development, and
C . That Parcel B be split and sold to the owners
of the adjacent properties ( 1125 and 1131
Kingsley Court) and combined for legal and tax
purposes .
Mr. Ruge made a motion, seconded by Mr. Forrest, to approve Act-10-
95, 1100 Blk. Kingsley Ct. , Sale of Residential Lots .
Chairman LeBlanc asked about the size of Parcel A (66 ft. deep) .
Will there be a problem in building a house that will comply with
side, rear and front yard and back yard setbacks, and should we
recognize that in our motion? Mr. Ruff said there will be
difficulties . The front yard setback is 20 feet, and rear yard
setback is 30 feet; they would need a core area of 24 ft. x 24 ft. ,
so a variance would be needed. The conditions attached to Planning
Board approval acknowledge the Board' s recognition of the existence
of these problems . A variance will not be considered until a
specific proposal is offered. The friendly amendment was
acceptable to both Mr. Ruge and Mr. Forrest. Mr. Goolsby said the
acknowledgment is positive in terms of a title company issuing
title insurance. The title company would know of the Board' s
recognition of the problem.
PLANNING BOARD ACTION on the motion was as follows :
Greiner Yea Marshall Yea
Ruge Yea Forrest Yea
Goolsby Yea LeBlanc Yea
On a roll call vote, there were: Yeas : 6 ; Nays : 0; carried
unanimously; Act-10-95 , 1100 Blk. Kingsley Ct. , Sale of Residential
Lots was APPROVED.
Mr. Ruge announced that there is insufficient information upon
which to act on two other items on the agenda, Act-11-95, McKinch
Park Property, Parks and Recreation Department, Acquisition/Park
Expansion; and Act-14-95, Blue Coyote Microbrewery, Malt Grain
Storage Tank in Right-of-Way at 113 Pere Marquette; they will be
held until next meeting, TUESDAY, JUNE 13, 1995 at 4 p.m. , Planning
Division Conference Room, Second Floor, Washington Square Annex.
2 . Executive Committee did not meet.
a. A meeting is scheduled for June 6 at 5 : 30 p.m.
before the Planning Board meeting.
PLANNING BOARD MINUTES MAY 16 , 1995 - PAGE 9
C. Report from Planning Manager, Ms . Love.
Ms . Love reported on a marathon budget session, starting
at 9 a.m. and ending after 8 p.m. ; Council has adopted
its version, reallocating substantial portions of the
money for 14 new positions and shifting that money into
repair of streets .
We had two nominations for Planning Board; one will be
interviewed by Physical Development Committee this week;
the second name was withdrawn. We need nominees from the
southeast area of the City, if anyone knows of
candidates .
Four new rezoning cases will be on the June agenda,
together with a plat, a special land use, and a
nonconforming Class A. A note about the nonconforming
use--this is the Poxson Apartments, a 17-unit building.
They want to rebuild, following fire damage. It is
nonconforming for lot area and for parking. They have a
lease for parking with the neighboring building that they
do not seem to need. Residents have not been able to
move back; people are still in temporary quarters, and we
would like to expedite this case and bring it to you next
time. If you are comfortable and do not have any
problems with it, we would ask you to take action on it
that night. Because it is for Class A, we want to have
a public hearing. We will ask at recess to have a Zoning
and Ordinance Committee meeting. We will send out public
hearing notices Monday, May 22 . Chairman LeBlanc said
the HER decision on whether to expedite will be based on
the public hearing.
The CATA Ground Transportation Center is moving along;
the City will acquire the land and resell it to CATA.
This is National Historic Preservation Week; stop by the
City Hall lobby display, a collaborative activity with
Donna Wynant, the Historic District Commission, Historic
Society, interns, and Steve Hayward.
D. Pending Items : Future action required
1 . Zoning and Ordinance Committee:
a. Z-3-91, 4700 Block Aurelius Road (Committee
Held per continuance request)
b. Z-9-94 , 1500 Blk. E. Michigan, "C"
Residential, "DM-3" Residential and "F-1"
Commercial Districts to "DM-3" Residential
District; Church of the Resurrection, Remove
PLANNING BOARD MINUTES MAY 16 , 1995 - PAGE 10
three houses and cafeteria building and
construct new parish hall
2 . Urban Development Committee:
a. Act-11-95 , McKinch Park Property, Parks and
Recreation Department, Acquisition/Park
Expansion
b. Act-14-95, Blue Coyote Microbrewery, Malt
Grain Storage Tank in Right-of-Way at 113 Pere
Marquette
VI . NEW BUSINESS - None.
VII . COMMUNICATIONS - Chairman LeBlanc noted the receipt of memo to
Council President Benavides regarding the proposed sale of
Waverly Golf Course.
VIII. COMMENTS FROM CHAIRPERSON
There will be a housing fair on June 3 to encourage people to
buy houses in the City. Ms . Love said there will be a human
services fair this weekend at the City Market. A number of
human services agencies that the City funds plus a number of
City departments will be represented in terms of displays and
other activities .
Chairman LeBlanc mentioned a 6-3 Supreme Court decision on
shelter homes . Under the Fair Housing Act, which allows group
homes for drug addicts and alcoholics, you cannot restrict
them from single family areas . There is some question as to
whether you can exclude them from single family residences .
You cannot regulate group homes any more than you regulate any
other home. How does this effect us? Ms . Love said the
Michigan Townships Association sent us an opinion from
December 1994 , saying they did not believe we would be able to
regulate 7-12 . That is still a gray area. We are getting an
attorney' s opinion about the ruling and what impact it would
have on our ordinance.
IX. BOARD MEMBER COMMENTS - None.
X. ADJOURNMENT - was at 8 : 16 p.m.
Respectfully submitted
Eleanor K. Love, Secretary
Lansing Planning Board
c:\wp\data\p1anbd\mn051695 a:\ 20
Z-5-95
5637 Hughes Road
"A" Residential to "C" Residential District
GENERAL INFORMATION
APPLICANT: Kelly Mendez
5638 Hughes
Lansing, MI 48911
STATUS OF APPLICANT: Owner
REQUESTED ACTION: Rezone property at 5637 Hughes Road
EXISTING LAND USE: Single Family Residential
EXISTING ZONING: "A" Residential
PROPOSED ZONING: "C" Residential
PROPERTY SIZE & SHAPE: 56 . 1 X 134 = 7,517 sq. ft.
56 X 134 = 7,504 sq. ft. ; total
15, 021 sq. ft.
SURROUNDING LAND USE: N: Vacant Land
S : Single Family Residential
E: Second Hand Store
W: Apartments
SURROUNDING ZONING: N: "D-1" Professional Office
S : "A" Residential
E: "F" Commercial
W: "DM-1" Residential
MASTER PLAN DESIGNATION: The South West Area Comprehensive
Area Plan recommends this area for
low density residential
SPECIFIC INFORMATION
DEVELOPER' S PROPOSAL: The petitioner is proposing to raze
the house at 5637 Hughes Road for
the construction of a duplex. The
adjacent lot to the west will be
combined for this purpose.
CASE HISTORY: Annexed to the City in 1964 and placed in
an "A" Residential District.
In 1991, City Council approved a lot split
for the property located at 5637 Hughes
Road to divide the two lots into 56-foot
widths and 134-foot depths .
PLANNING BOARD Z-5-95, 5637 Hughes Road PAGE 2
AGENCY RESPONSES :
AMERITECH: No comments
Assessor: Will this require combining parcels
3305-05-326-022 & 025, or will this
duplex be built on only one of these
properties .
Continental Cable: The building of a duplex at this
location should not directly affect
any of Continental ' s facilities at
this time.
Fire Marshal : Approved
Transportation: No comments, requirements or
recommendations
ANALYSIS
COMPATIBILITY WITH SURROUNDING LAND USE
The surrounding land uses consist of two four-unit structures
to the west, which are in the "DM-1" Residential District;
single family residential homes to the south; professional
office use to the north; and commercial use on the east.
Basically, the land uses on the south side of Hughes Road
consist of single-family homes, and those on the north side of
Hughes Road consist of various zoning types . The location of
the proposed "C" Residential District is on the north side of
Hughes Road. The "C" Residential District permits the
construction of a two-family. Section 1250 . 06 (b) of the
Zoning Code permits a two-family dwelling based on the
following minimum lot area requirements :
Dwelling Unit Lot Area
Efficiency 2,400 sq. ft.
One Bedroom 2,800 sq. ft.
Two Bedroom 3,200 sq. ft.
Three Bedroom
or More 4,000 sq. ft.
The size of the lot is currently 7,517 sq. ft. It is likely
that the applicant will provide more than one bedroom in each
of the dwelling units . In order to have sufficient lot area,
the lots should be combined. The proposed use would be more
compatible with those existing surrounding uses on the north
side of Hughes .
PLANNING BOARD Z-5-95, 5637 Hughes Road PAGE 3
COMPLIANCE WITH MASTER PLAN
The Southwest Area Comprehensive Plan designates this area for
low-density residential, 0-7 dwelling units/acre. The
proposed development, the equivalent of 6 dwelling units/acre,
is consistent with the Master Plan, which recognizes the
existing residential use, and is more compatible with the
existing uses on the north side of Hughes Road. If the
applicant chose to build a two-unit on each lot and not
combine them, then the density would be higher than
recommended in the Master Plan but would fit into its context
of land use.
IMPACT ON VEHICULAR AND PEDESTRIAN TRAFFIC
The construction of a duplex should have no adverse impact on
vehicular and pedestrian traffic.
ENVIRONMENTAL IMPACT
There will be a temporary impact on the environment during the
demolition of the single family home and the construction of
the duplex. There should be no other type of impact on the
environment.
IMPACT ON FUTURE PATTERNS OF DEVELOPMENT
This proposal should not adversely affect the general pattern
of development in this area.
OTHER
Due to the type of residential neighborhood mix, a multiple
dwelling would fit with the other mixed land uses . As
mentioned previously, there was a lot split done in 1991 .
Prior to the construction of the duplex, these lots would need
to be combined.
SUMMARY
The proposed use could be compatible with the existing
surrounding land uses, specifically those on the north side of
.Hughes Road.
Since the majority of the properties on the north side of
Hughes Road consist of a mix of land uses, it would be more
realistic to rezone this property to the "C" Residential
District. Therefore, the proposed use would be compatible
with existing uses .
PLANNING BOARD Z-5-95, 5637 Hughes Road PAGE 4
There should be no negative impacts associated with vehicular
and pedestrian traffic due to the construction of a duplex.
The land uses on the north side consist of a mix of zoning
districts . The proposed "C" Residential district would be
less intense than those existing.
RECOMMENDATION
Staff recommends approving the rezoning of the property at
5637 Hughes Road from "A" Residential to "C" Residential for
the purpose of building a duplex.
c:\a,p\date\p1anbd\z595fe.dmw
NORTH
Z-5-95, 5637 Hughes Road
"A" Residential to "C" Residential District
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Z-6-95
4300 S . Pennsylvania Ave.
"E-2" Local Shopping District to "F" Commercial District
GENERAL INFORMATION
APPLICANT: Michael J. Donth
2388 College Road
Holt, MI 48842-9799
STATUS OF APPLICANT: Lessee
REQUESTED ACTION: Applicant proposes to develop the
property for use as a used car
dealership.
EXISTING LAND USE: Vacant Property
EXISTING ZONING: "E-2" Local Shopping District
PROPOSED ZONING: "F" Commercial District
PROPERTY SIZE & SHAPE: 140 ft. x 135 ft. , rectangular
SURROUNDING LAND USE: N: Commercial
S: Office
E: Commercial (car dealership)
W: Vacant land
SURROUNDING ZONING: N: "F" Comm. ; "D-1" Prof . Office
S: "E-1" Drive-In Shop
E: "F" Commercial
W: "D-1" Prof. Office
MASTER PLAN DESIGNATION: Southeast Comprehensive Plan
designates this area for commercial
development.
CASE HISTORY: Subject parcel was rezoned from "J"
Parking District to the 11E-2" Drive-
In Shop District in 1960.
SPECIFIC INFORMATION
DEVELOPER'S PROPOSAL: Applicant proposes to develop
property for use as a used car
dealership.
PLANNING BOARD PAGE 2 , Z-6-95
AGENCY RESPONSES :
Fire Marshal : Approved. No comment.
Building Safety Office: Site contains backfill which was a
result of previous site clean-up.
Existing soils may not have adequate
bearing capacity for intended use.
The office suggests that owner
retain soil testing firm to
determine foundation design based
upon existing conditions . Project
is subject to compliance with Site
Plan Review and building code
requirements .
Transportation Engineer: Access will be limited to one curb
cut on Cavanaugh and one on
Pennsylvania. The curb cuts closest
to the intersection must be closed.
The remaining curb cuts can be
redesigned to accommodate the new
development.
ANALYSIS
COMPATIBILITY WITH SURROUNDING LAND USE
The proposed car lot is compatible with surrounding land use
which includes a convenience store to the north, a car
dealership to the east, an office building to the south
(Capital Area School Employees Credit Union) , and vacant land
to the west.
COMPLIANCE WITH MASTER PLAN
The proposed car lot is in compliance with the Southeast
Master Plan which identifies this corner for commercial
development.
IMPACT ON VEHICULAR AND PEDESTRIAN TRAFFIC
The site plan shows spaces for 49 vehicles . A minimum number
of spaces will need to be provided for employees and
customers . The proposed development should not create any
vehicular or pedestrian traffic problems at this location.
Curb cuts are located far enough away from the intersection so
that they should not add to any traffic congestion.
PLANNING BOARD PAGE 3, Z-6-95
ENVIRONMENTAL IMPACT
No negative environmental impacts are anticipated. The former
use of this site was a gas station. The tanks have since been
removed, but the site contains backfill which may not have
adequate bearing capacity for the proposed use according to
the Building Safety Office. These and any other environmental
concerns such as run-off will be addressed in the Site Plan
Review Process .
IMPACT ON FUTURE PATTERNS OF DEVELOPMENT
The proposed development at this intersection should not have
a negative impact on patterns of development along
Pennsylvania if well designed and landscaped. This
intersection has been one of convenience type businesses which
have included a convenience store and two (former) gas
stations . The car lot on the southeast corner was also once
a gas station.
A letter received by Mr. R. Bruce Carruthers expressed
concerns that the development of a car lot at this location
"would disrupt the zoning integrity of the high quality office
buildings in this area. " (See attached. ) Many of these
concerns can be addressed in the Site Plan Review process .
RECOMMENDATION
Staff recommends the subject parcel be rezoned from "E-2"
Local Shopping District to the "F" Commercial District.
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LAW OFFICES
2 �ruce Ciarrulzaers, J C
.Trace CiarrulSiers" 4215 S.PENNSYLVANIA AVENUE
LANSING,MICHIGAN 48910
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April 19, 1995 APR 2 19 5
PLANNING DIVISION
City of Lansing
Planning Office
Department of -Pianning and
Neighborhood Development
Second Floor
Washington Square Annex
119 North Washington Square
Lansing, MI 48933-1668
RE: Requested change in zoning from "E-2" local shopping to "F"
commercial district; property at South West corner of South
Pennsylvania and East Cavanaugh
To Whom It May Concern:
I own the parcel diagonally across the street from the subject
parcel. My parcel is located at the North East corner of South
Pennsylvania Avenue and East Cavanaugh at 4215 S. Pennsylvania.
I am opposed to the rezoning request to allow another used car
lot in this area. Reasons for my opposition include the following:
1. The next several parcels immediately to the South of the
subject parcel consist of credit unions and other small office
buildings, all of which are nicely designed and landscaped. The
credit unions and other commercial buildings in this area, in my
opinion, add greatly to the value of the area. Locating a used car
lot there would disrupt the zoning integrity of the high quality
office buildings which is reflected on that side of Pennsylvania
Avenue. An additional used car lot would detract from the value to
the area and from my building.
2 . Immediately to the North of the subject parcel is a
Quality Dairy location, followed by a very nice apartment complex
and church. Again, to maintain the integrity of what already
exists, a more appropriate use for the subject parcel would be for
light retail or office space.
3 . Diagonally across Pennsylvania from the subject parcel is
my building and two adjacent identical office buildings. There is
already a used car lot on the South East corner of Pennsylvania and
Cavanaugh. It totally disrupts the integrity of the residential
area to the South and East of it, and the office areas to the West
LAW OFFICES
_1:7jruce CarralSers, - C.
4215 S. PENNSYLVANIA AVENUE
LANSING, MICHIGAN 48910
City of Lansing
Planning Office
April 19, 1995
Page 2
and North. Placing an additional used car lot across the street
would detract from the office and other use generally surrounding
the area.
4. Safety is a concern. There is tremendous traffic flow on
both Pennsylvania and Cavanaugh, especially during daylight working
hours. There are many accidents at this intersection. I have
personally witnessed at least six such accidents at this
intersection since 1991, and there have been others. A used car
lot, unlike an office building or light retail, seems to invite
traffic to slow down or impedes traffic flow creating a safety
hazard.
While some of my concerns are admittedly self serving, the
area here involved is currently well developed primarily with
office type structures and a well maintained Quality Dairy
location. An additional used car lot would, in my opinion promote
additional safety hazards, lower property values and disturb the
existing quality and zoning integrity of the area.
Respectfully sub fitted,
RI Bruce Carruthers
RBC/rda
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SLU-3-95
BZA 3337.95
3205 Forest Road
Cellular Communications Tower
GENERAL INFORMATION
APPLICANT: Traverse Bay Land Company,
representing Century Cellunet
2650 Horizon SE, Suite E
Grand Rapids, MI 49546
STATUS OF APPLICANT: Lessee
OWNER: Forest Nursery, Inc.
3205 Forest Road
Lansing, MI 48910
EXISTING ZONING: "A" Residential District
LOCATION: Northwest corner Forest Road and
I-496/US 127
EXISTING LAND USE: Nursery for ornamental plants
PROPERTY SIZE & SHAPE: Approximately 13 acres total site;
tower to be located in a 60 ft. x 80
ft. fenced-in area in northwest
corner of site
SURROUNDING LAND USE: N: Public cemetery
S: Multifamily residential
E: Transportation
W: Public cemetery
SURROUNDING ZONING: N: "A" Residential
S: "A" Residential and "CUP"
Community Unit Plan
E: "A" Residential
W: "A" Residential
MASTER PLAN DESIGNATION: The Southeast Area Comprehensive
Plan designates the subject property
for residential use with a special
designation.
SPECIFIC INFORMATION
DEVELOPER'S PROPOSAL: Traverse Bay Land Company, agent for
Century Cellunet, is requesting
approvals necessary to permit
construction of a 150-foot-tall
PLANNING BOARD PAGE 2 , SLU-3-95
cellular telephone tower with a 19-
foot-tall lightning rod ( for a total
height of 169 feet) . The location
of the subject property is 3205
Forest Road, which is west of I-496
and south of Evergreen Cemetery
(2800 E. Mt. Hope) . Developer' s
proposal provided to the Board on
May 2 , 1995 .
REQUESTED ACTION:
The necessary approvals to permit development of this project
include:
1 . Approval of a Special Land Use permit under Section
1248 . 04 (e) of the Zoning Code, permitting construction
and operation of a "structure which is owned or operated
by a public utility. . . . "
2 . Approval of a variance from Section 1254 . 10 of the Zoning
Code, by the Board of Zoning Appeals, to permit the
proposed structure of 169 feet in height total . The
maximum height permitted by right in the "A" Residential
District is 35 feet, with 15 feet for accessory
structures .
AGENCY RESPONSES:
Assessor: No comments . . .
BWL: No objections or conflicts .
Capital Region Letter of response in file; no
Airport Authority: permits required.
Michigan DNR: No flood plain permits required;
access road may impact wet land
areas .
Parks Department: See attached letter requesting
access easement.
DESCRIPTION OF SITE
The 13-acre site is located near the northwest corner of I-496
and Forest Road. It is adjacent to Evergreen Cemetery. The
site presently hosts a single family residence and an
associated nursery business . The "unmanned cellular
communications tower" is proposed for construction near the
northwest corner of the site at an approximate elevation of
PLANNING BOARD PAGE 3, SLU-3-95
north and west. Plans indicate the tower will be accompanied
by a small (220 square feet) accessory support building and a
propane tank.
The property is presently zoned "A" Residential District; an
application is pending to approve a Special Land Use permit
necessary to permit the use of the site for a structure owned
and operated by a public utility. The "A" Residential
District permits structures up to 35 feet in height; the tower
and attachments requested, if approved, would be 169 feet in
height.
Access to the tower location on the site could be obtained
either by constructing a driveway from Forest Road or from
Evergreen Cemetery; the Parks Department has indicated that
the applicant has approached them regarding lease of an access
easement through the cemetery property. If an access driveway
is constructed from Forest Road, there may be impact on some
wetland areas on the site; mitigating any impacts of the
driveway on a wetland area may be expensive for the applicant.
Evaluation
Section 1282 . 03 (f) ( 1) -(9) sets forth the criteria which must
be used to evaluate a Special Land Use permit request. The
criteria and evaluation are as follows .
ANALYSIS
Special Land Use
Section 1282 . 03( f) ( 1) -(9) sets forth the criteria which must
be used to evaluate a Special Land Use permit request. The
criteria and evaluation are summarized as follows .
1 . Compatibility with Use on Adjacent Properties
The nature of the cemetery, nursery, and interstate
highway are such that their use will not be affected by
the tower as proposed. The tower will not impact
residential areas to the south because of the large
setback from the street.
2 . Change in the Essential Character of the Area
Only a very small portion of the site will be directly
affected. Construction of the tower may encourage the
remainder of the site to remain the nursery use.
PLANNING BOARD PAGE 4, SLU-3-95
3 . Interference with General Enjoyment of Adjacent
Properties
Staff has no reason to believe that the proposed tower
will create any interference with the general enjoyment
of adjacent properties .
4 . Improvement to Property and Surrounding Area
Construction of the tower on this site will be an
improvement that adds to the City's tax base.
5-6 . Environmental Impacts/Impact on Public Services
Construction of an access roadway and other utility lines
may impact small wetland areas on the site. These
impacts may be mitigated by state review of construction
plans or relocation of access areas . The applicant has
proposed the possibility of access through the Evergreen
Cemetery.
7 . Impact on Utilities
None anticipated.
B . Compliance with the Master Plan
The Master Plan designates this area for residential
uses . The proposed public utility use at this location
is not necessarily incompatible with the Master Plan' s
designation.
9 . Compliance with Zoning District Regulations
A facility owned and operated by a public utility is
permitted as a Special Land Use in the "A" Residential
District.
SUMMARY
The Special Land Use is requested to permit construction of a
169-foot-tall cellular telephone tower as a structure owned
and operated by a public utility. In addition to the request
for a Special Land Use Permit, an application is pending for
a variance to permit the height of the tower to be 169 feet;
the "A" Residential District permits structures up to 35 feet
in height.
Staff believes that the proposed location of the tower on the
site is appropriate. The proposed location is visually
PLANNING BOARD PAGE 5, SLU-3-95
isolated from any residential land uses in the vicinity, will
have minimum visual impact, and may encourage the nursery use
to continue on this property.
RECOMMENDATION
Staff recommends that this approval be conditional upon
approval of the height variance by the Board of Zoning
Appeals .
c:\wp\data\p1anbd\sIu395fe.je
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APPROVED 062095
TO CLERK 071795
Minutes of the Regular Meeting
` ` ( y � � LANSING PLANNING BOARD
� '� �� 16 7 : 30 p.m. , City Council Chambers
Tenth Floor, Lansing City Hall
rdltv�i'irJ CIS 1r CI
LERK 124 West Michigan Avenue
Tuesday, June 6, 1995
I . OPENING SESSION
Chairman Helen LeBlanc called the meeting to order at
7 : 35 p.m.
A. Roll Call . Present: Forrest, Goolsby, Greiner, LeBlanc,
Marshall, Nischan, Ruge; seven members present (one
vacancy) . Chairman LeBlanc welcomed new member Jarl
Nischan. Ex officio Councilmembers Jones and Lilly--not
in attendance.
B. Excused Absences - None.
C. Introductions . Eleanor K. Love, Planning Manager,
introduced staff present: James A. Ruff, Zoning
Administrator; and Louise H. Christian, Planning Board
Secretary.
D. Approval of Agenda. The agenda was approved as printed.
II . HEARINGS - Items for hearing will be referred to the Zoning
and Ordinance Committee meeting on Wednesday, June 14 , 1995 at
4 p.m. in the Planning Conference Room.
A. P-1-95, Replat of Outlot A, South Pines Subdivision
Mr. Ruff said that the request to replat Outlot A, South
Pines Subdivision, will have to go to Circuit Court for
a decision rather than going through the platting
process . A public hearing is not necessary, but since
the case was advertised to the abutting property owners,
we wanted to take comments, if any. No one spoke.
B. Z-7-95, SW Cor. Jolly & Washington, "D-1" Professional
Office to "G-2" Wholesale District
Mr. Ruff presented the case, a request by Dennis Stiffler
who to wishes to construct an office and warehouse
building for his interior contracting business .
Contractors ' storage yards are allowed in the "G-2"
Wholesale District. Only one lot was advertised for
tonight' s public hearing. Mr. Stiffler' s intent is to
rezone both lots .
Mr. Ruge asked if, on the map in the packet, both lots
labeled Professional Office are involved; Mr. Ruff said
PLANNING BOARD MINUTES JUNE 6 , 1995 - PAGE 2
yes ; however, tonight' s public hearing only advertised
one-half of the parcel. There will have to be another
public hearing regarding the other half . The legal
description was supplied for Lot 1; both Lots 1 and 2
need to be considered. We decided to hold this public
hearing anyway with the understanding that the other
parcel would also have to have a public hearing.
Mr. Ruge asked about a site plan. Mr. Ruff circulated a
small plan lacking in detail .
Mr. Ruge asked about a small sliver labeled "A"
Residential on the southern portion of the lots; is it
also to be rezoned to "G-2" Wholesale? Mr. Ruff said
only the portion to the south is zoned Residential . It
is not included here.
DENNIS STIFFLER, 5620 SHOEMAN RD. , HASLETT, MICHIGAN. It
was my intent that both lots were to be petitioned for.
It was represented to us as a lot 132 ft. x 297 ft. , and
it was not until May 31 that we were notified that two
lots are there. I want to build a warehouse and office
combined, the office to have brick-glass front and the
warehouse be a remanufactured metal building. There is
adequate space to meet parking, setback, and landscaping
requirements . There will be no outside storage. Maybe
one or two vehicles will come and go.
Mr. Greiner asked if a structure is located on-site at
present; Mr. Stiffler said no, it is vacant.
Mr. Ruge asked the size of trucks entering; Mr. Stiffler
said a 20-to-25-ft. stake rack truck would be the
largest; there is no need for semi trailers and trucks .
Chairman LeBlanc announced one letter from John and
Maureen Miller, 5136 S . Washington to the Lansing
Planning Board. "We encourage you to refuse the request
to rezone this property to "G-2 We the residents of
this affected area are trying to maintain a neighborhood
in which to live. Our quality of life is already under
heavy pressures from current commercial establishments in
the area, and increased traffic on both Jolly and South
Washington. We believe that the use of this property for
"D-1" Professional Office would be less intrusive to our
neighborhood than use as "G-2" Wholesale District. Thank
you for your time and consideration. "
Referred to Zoning and Ordinance Committee, 4 p.m. ,
Wednesday June 14, 1995, in the Planning Conference Room,
Second Floor, City Hall Annex.
PLANNING BOARD MINUTES JUNE 6, 1995 - PAGE 3
C. Z-8-95, E . Side 2600-2700 Blk. S. Cedar & 517 S . Park
Blvd. , "A" Residential, "F" Commercial, and "J" Parking
Districts to "F" Commercial District
Mr. Ruff presented the case, a petition by Charles
Abraham to rezone the entire property to "F" Commercial
and build a retail facility for Rite-Aid.
GEORGE ABRAHAM, 222 STRATHMORE. SPEAKING ON BEHALF OF
CHARLES ABRAHAM WITH ME HERE. The majority the property
is "F" Commercial . The two properties fronting on
Park/Willard are "A" Residential . We propose to erect a
building a little larger than 10, 000 square feet, about
122-123 ft. x 80 feet. The purpose of the building is to
give drive-in service to the handicapped and elderly, so
they don't have to leave their vehicles to get their
pharmaceutical products. We need to encroach 10 feet for
the building site into the residential district, the
property on Park Blvd. We will take an additional 20-30
feet for a drive. Then we will have a fence across the
back, and then about 120 feet beyond that will be left in
lawn with all the existing mature trees left standing.
We need the additional land to allow handicapped and
elderly to use the drive-up facility.
CHARLES ABRAHAM, 431 S . Capitol . Because of setback
requirements, we need to acquire the residential land, so
we could set back 20 feet. We are using the minimal land
that we need. We would be going about 30 feet into Park
Blvd. and the residential property. The additional
approximately 110 feet would be a buffered landscaped
zone. We are trying to make the building accessible for
elderly and handicapped. Prescriptions will be phoned
in; patrons drive in to pick them up. Four, five or six
cars can line up without protruding into the road.
GEORGE ABRAHAM. We also have about 30 more parking
spaces for anyone having to wait. Mr. Ruff confirmed
there are additional parking over what is required. We
do not as yet have a floor plan for a building so the
exact number cannot be determined.
Mr. Nischan asked about access for elderly and
handicapped patrons--will the facility be used by other
customers? Mr. Abraham said it will be a regular
pharmacy; handicapped and elderly access will be an added
new feature.
ALEC PLYMALE, 500 E. FULTON #336 . GRAND RAPIDS,
REPRESENTING FOOD AND COMMERCIAL WORKERS UNION LOCAL 951 .
We are not opposed to this, rather, we have concerns you
PLANNING BOARD MINUTES JUNE 6 , 1995 - PAGE 4
should consider. Rite-Aid has recently bought out the
Perry Drug Corporation. We have a contract with Rite-Aid
workers in western Michigan, and we have concerns with
the workers employed by Rite-Aid. Now they are proposing
another pharmacy and taking on more workers , potentially
without a contract and potentially having them under what
we deem substandard working conditions . This store
location is in a residential area; traffic will increase
greatly. Trucks making deliveries will have an impact on
the neighborhood. They are a drug store. They do not
just sell prescription drugs , they sell liquor and
alcohol, and they are proposing to put that in this
residential area, too. Over the past several years, we
have noted for the record several OSHA violations by this
company. They still have not applied for the pertinent
license for this facility with the Liquor Commission or
the Pharmacy Board. These are concerns we feel you
should be aware of . We are not saying we are opposed, we
just have concerns as a labor union. At least 1,500
members live in this county, and we must take their
concerns into account.
Referred to Zoning and Ordinance Committee.
D. Z-9-95, 101 E. Hillsdale, "F-1" Commercial District to
"G-1" Business District
Mr. Ruff presented the case, a request by the State of
Michigan Department of Management and Budget to bring the
zoning of the Lottery Building into conformance with
existing development. Prior to development of the
building in 1990, the property owner, Ken Ellis , had to
commit a couple of his parking lots downtown to the
potential of leasing them to the State of Michigan to
help fulfill parking requirements . A variance was
requested for some setback requests as well as for
parking. The parking variance was not granted, with the
exception of distance variances granted to some parking
lots, one located at the corner of S . Washington and St.
Joe, and another just off Washington Square Mall, to the
north and west at Lenawee Street. The State now wishes
to clean that up as a commitment to Mr. Ellis, hence the
request for rezoning for "G-1" Business District.
Mr. Ruge asked where employees are parking now. Mr. Ruff
said they can park in a variety of State- or City-owned
lots . CATA operates a shuttle service to other downtown
lots . The Board of Zoning Appeals had concerns at the
time about parking in the neighborhood. Since the State
has been there for a while, hopefully, there is a track
record of improvement. We notified the neighborhood
PLANNING BOARD MINUTES JUNE 6, 1995 - PAGE 5
again, to make sure if there any problems we would hear
those tonight. Management and Budget employees can lease
parking at Mr. Ellis ' s lots . The sales agreement for the
Lottery Building required the State of Michigan to
release them of the obligation to use those lots, the
requirement to reserve those parking lots for the parking
of this building. They may or may not use the parking
lots--it was not required that they use them, only that
they be made available for them. It serves as a kind of
deed restriction for future development on the other
parking lots . To rectify the situation, they wish to
rezone it to "G-1" to remove the parking requirement.
Ms . LeBlanc asked if the only difference between "F"
Commercial and 11G-1" is parking; Mr. Ruff said generally;
it is "F-1" but in that part of the commercial district,
building up to the front property line is allowed, but it
does require rear yard setback and has a height maximum,
whereas the 11G-1" Business District does not have setback
requirements , nor does it have a height maximum or
parking requirements . Ms . LeBlanc said we cannot hold
the state to some restrictions, so can we require them to
fulfill the parking requirement? Mr. Ruff said, in
essence, no. Because the State did not buy the parking
lots that Mr. Ellis owns, he has a restriction that he
cannot take away the parking, say, for development of
another building, or obligate the parking any other way.
He cannot do that without these restrictions being
lifted. If the State of Michigan were to sell the
building, the obligation would fall back into place, and
we would have the problem continue. It takes a formal
action, such as another variance, or a rezoning. Our
staff recommendation is rezoning because it abuts the 11G-
1" District. There is no chance of supplying the parking
on-site. It would serve similar to other state-owned
office buildings downtown where employees park in state-
owned lots and take the shuttle in.
MARY LEVINE, DIRECTOR OF REAL ESTATE FOR THE DEPARTMENT
OF MANAGEMENT AND BUDGET. I am here representing the
State. (Distributed a packet of correspondence and notes
relating to the property) . The documents start with a
discussion of the zoning variance requested by Mr. Ellis
at the time he was erecting the building for the state,
which was a lease-back situation. The State exercised
its option to acquire the property, and, as a condition
in the closing and in the lease, we were obligated to
make an attempt with the City of Lansing to release those
off-street zoning requirements that were imposed upon Mr.
Ellis at the time he constructed the property. We did
work with Planning to do that, in the memo to Mr. Knot
PLANNING BOARD MINUTES JUNE 6 , 1995 - PAGE 6
indicating that the Planning Director did not feel he had
authority to release the conditions on the property.
There is a letter from the Attorney General ' s Office,
which wrote to Mr. Knot requesting that he exempt the
building from the off-street parking requirements . A
number of verbal attempts were also made to have the City
Attorney' s office respond; however, there was no
response. Finally, there is more recent correspondence
from myself, and also from Mr. Ruff, that goes into the
situation further. It was agreed by the parties, the
State, the City, and Mr. Ellis, that requesting rezoning
of the property was the more practical solution than
returning to the Board of Zoning Appeals . So we did not
request a variance. Mr. Ruff states that this was a
self-created problem, so requesting a variance did not
seem logical . Finally, there is a letter from counsel
for Mr. Ellis , again talking about the "G-1" rezoning
request. We understand that the State of Michigan is not
compelled to comply with the zoning, but, because it
creates a burden for Mr. Ellis and his other properties
and his ability to develop them for other purposes, and
because of our previous obligation and our contract with
him, we are pursuing the rezoning of the property, which
would be consistent with the Master Plan for the downtown
and would be consistent with the remainder of the block.
Mr. Ruge asked if there are plans to change the building;
Ms . Levine said no. Mr. Ruge asked if complaints had
been received about employees parking on the street? Ms .
Levine said no, other than John Schneider' s Journal
article about people with handicap stickers parking there
and not being able to tell if they were employees or
people working in the area.
Referred to Zoning and Ordinance Committee.
E . Z-10-95, 921 Linden Grove Avenue, "DM-3" Residential
District to "D-1" Professional Office District
Mr. Ruff presented the case, a request by James Herbert,
on behalf of Neogen Corporation, 620 Lesher Place, to
rezone a property with a single-family home at 921 Linden
Grove, from "DM-3" Residential District to "D-1"
Professional Office District. The petitioner wishes to
use the property for office space for telephone and
traveling sales persons . Minimal parking exists on-site,
and they propose to have workers park there and on Lesher
Place at the main office. For the Neogen building on
Lesher Place, parking exists on-street, and on the north
side of the building, and some on the south side of the
building as . well .
PLANNING BOARD MINUTES JUNE 6, 1995 - PAGE 7
JAMES HERBERT, NEOGEN CORPORATION, 620 LESHER PLACE. We
want to occupy the 921 Linden Grove property for a sales
office for 4 to 6 employees working 8-5 . Visitors would
come only to the corporate headquarters, not to 921
Linden Grove. The City has been most cooperative since
we started our business in 1982; we have grown to $15
million in sales and about 148 employees . Our request
for this property is for use by a group that would be
responsible for sales and service of two different
diagnostic test kits for detection ( 1) of salmonella, and
(2 ) of E . coli, both food-borne pathogens . It would
enable us to keep a portion of our employees in the 620
Lesher Place to do the research and backup, and to keep
the group here intact. The company does have facilities
in Lexington, Kentucky, and Bridgeport, New Jersey, and
in Chicago. We do have ample space in Kentucky to move
the entire group, but I want to keep them all intact
here. We would leave the property .residential . Some
work needs to be done on the front porch, and we will do
some landscaping, and make it look residential . We have
talked to most people in the neighborhood, both owners
and tenants and did not find anybody who reacted
adversely. We need to find space for the 4-6 employees
convenient to our facilities, or we will need to look at
moving them, plus another 6-8 people, probably to
Lexington, Kentucky. We would appreciate your
consideration.
Mr. Ruge said you would pave and provide parking behind
the house for 2-3 cars and the rest would park at the
main building; Mr. Herbert said yes . Mr. Ruge asked
"Don't you think they would also park on the street in
front of this house?" Mr. Herbert said that would be
probable on days of inclement weather. Mr. Ruge added
that they would probably park there on nice days as well.
SUSAN WITTIG, HOME OWNER AT 520 LESHER PLACE. Our
neighborhood association has been working to upgrade the
neighborhood. I am currently secretary of the Oak Park
Neighborhood Association and coordinator of the Oak Park
Neighborhood Watch. Neogen is a good neighbor, and we
would like them to be able to use 921 Linden Grove for
their nonpublic office. We trust them to do what they
say they will do and not change the structure. We want
to maintain our residential status . Our fear is that if
you change the zoning, then it will be easier for other
places to change. We wonder if there is a special permit
to allow them to do this without changing the zoning? If
not, we are not going to oppose a zoning change for them
or for this house, but we want to be on record as saying
that our goal is to maintain our residential status and
PLANNING BOARD MINUTES JUNE 6 , 1995 - PAGE 8
continue to upgrade it, but we would like Neogen to be
able to do what they would like.
Mr. Ruff said the "DM-3" Residential District does not
have in it a component for office other than a home
occupation, which is allowed in any residential district
for a family member to use up to 20 percent of their
floor space for a nonretail purpose, basically, a
nonmanufacturing purpose. If they had a home office,
they could do telephone sales, but not have outside
employees there. That does not fit what Mr. Herbert is
requesting. The other option was a "D-2" Residential
Office which, with a Special Land Use permit, allows as
much as 70 percent of the home to be used for office, but
it still requires a residential component and maintenance
as residential in appearance. It is geared toward edge
areas with a heavy concentration of office and a
neighborhood area surrounding it and where we want to
maintain the residential character of the neighborhood
but include a transition zone of limited office use, but
that does not fit, either. So Mr. Herbert has applied
for the zoning because it ' s the only one that works . We
don't have use variances, only dimensional variances .
BETH BOYCE, 627 N. PENNSYLVANIA, TREASURER OF THE OAK
PARK NEIGHBORHOOD ASSOCIATION. I am here to support
Susan Wittig and state that she is not alone in her
viewpoint. We have canvassed neighbors, together with
Neogen. We have worse options than Neogen; they have
been good neighbors, but, if possible, we would like not
to change the zoning. We are surrounded by
nonresidential users, and by main roads . We are
struggling to keep our residential base. We don' t want
to close off Neogen's options, but if there were some way
not to change the zoning, we would appreciate it.
BILL KNAPP, 2625 GATSBY COURT. I own the house next door
at 917 Linden Grove. I am against this change, because
it puts me in a position of being boxed in. My house is
up for sale, and it' s going to be hard to sell . I don' t
believe they are being fair when you put me right in the
middle. Mr. Ruge asked if Mr. Knapp lived in the house;
Mr. Knapp said no, it is rented.
Referred to Zoning and Ordinance Committee.
F. SLU-4-95, Vacant Property East of Pleasant Grove & North
of Holmes Rd. , 150-foot-tall Communications Tower,
Century Cellunet
PLANNING BOARD MINUTES JUNE 6 , 1995 - PAGE 9
Mr. Ruff presented the case, a request by Traverse Bay
Land Company, representing Century Cellunet, to lease
property for a 150-foot-tall lattice-type structure with
a 19-foot lightning rod atop for cellular communications .
The tower would be located on the north portion of the
site.
Mr. Ruge said the lattice-type in his opinion was not as
attractive as the monopole type. What affect might this
type pole have on the residential development that might
occur in the vicinity? Mr. Ruff said the 15 acres to the
north and east has been purchased by a developer who
would like to develop the property and is considering a
planned residential development. There are two potential
access points to the 15 acres, one where the easement
runs to Pleasant Grove Road and another just north of the
church. The tower would potentially be in a front yard
area of that road. That could have an adverse visual
impact on the development of the site because you would
see it immediately upon entering. The property has long
been vacant. It has a sewer easement and a drain
easement across it, and it is heavily wooded, so a
planned residential development is a possibility. The
tower may make it difficult aesthetically. The potential
developer, Larry Augie of Oneida Corporation, phoned me
today to state his opposition. He believes it would
adversely affect development of his recent purchase. He
is not yet on Assessor' s rolls .
KIM LAUTNER, TRAVERSE BAY LAND COMPANY REPRESENTING
CENTURY CELLUNET. Regarding Oneida Corporation, we spoke
by phone with Larry' s partner, Bill. We had a study done
by Engineering and Testing Service regarding wetland
areas . To the east of the parcel which we have an option
to lease is a wetland area. The parcel, a heavily-wooded
lot, is to the north of Hope Academy' s parking lot on the
corner of Pleasant Grove and Holmes Road. There is also
a heavily-wooded empty lot to the west of our site.
Those trees will stay to act as a buffer to the roads .
We would have an eight-foot chain link fence surrounding
the structure on-site to prevent attractive nuisances;
also alarm systems would be installed to alert Century
personnel of problems such as fire, intrusion or power-
system failure. The tower structure is pictured on our
handout; however, if the monopole would make it more
acceptable to Oneida, we would be willing to go with it.
We choose the free-standing tower because it is cheaper
to build, but if it would make the difference, we would
gladly do it. The tower will withstand in excess of
maximum stress from wind and ice; however, if the tower
should fall, it will buckle in the middle and collapse on
PLANNING BOARD MINUTES JUNE 6 , 1995 - PAGE 10
the site. If it did fall, it would not hit any existing
structures .
Mr. Ruge asked about the wooded lot to the west which
would remain that way--would it be used for any other
purpose? Are you getting an easement or restricting the
property so it can' t be used for any other purpose? Ms .
Lautner said we have not done so yet; the land out to the
road is owned by family members , but again, if it would
facilitate approval, we would attempt to do so.
Mr. Ruge also said many tower requests are coming in, and
we are trying to learn. The last person who came for
Mersey Lane said the towers had to be located in a
certain area, but he didn't know how far it was . It
turns out you could move it a mile away without causing
problems . How much leeway is there in moving towers?
Ms . Lautner said the search area is not large . The
engineer for the project, who is located in Louisiana,
knows how many towers need to be located in which areas
all over Michigan to provide coverage for Century. He
also knows, according to cutoffs, where we are going to
need new sites to provide the necessary channel coverage.
When a site is moved, the entire area has to be
reconfigured, and that has been done here. Mr. Lyn
Fitzsimmons will explain.
LIN FITZSIMONS, TRAVERSE BAY LAND COMPANY. The last time
we submitted a proposal for Century we included a short
lesson in cell configuration. These cells do all work
together. They each cover a specific geographic area.
When we brought the Mersey Lane property, that location
fit in with the existing cell structure. We construct
towers for two reasons, ( 1) to provide coverage; and (2 )
to increase the number of voice channels . The McElmurry
location was designed to increase the number of voice
channels . We already have sufficient coverage in the
Lansing area. In changing from the McElmurry site to
this location, we must change the adjoining cells around
the site because when the cells get too close, they
compete with each other. So we don't have much
flexibility with the towers coming in the future. We
have adequate coverage, and now we are installing towers
to increase the number of voice channels .
Mr. Ruge asked if the Board could be provided with a map
of the cells . Mr. Fitzsimons provided a map of the
existing sites that we distributed the last time we were
here. Mr. Fitzsimons said this site was proposed as an
alternative to the McElmurry property because of the
types of concerns in the other petition. We felt this
PLANNING BOARD MINUTES JUNE 6, 1995 - PAGE 11
area was more suitable, based on the input at that
hearing. The site is back from the road, away from
homes, in an area of mixed uses . There is mixed
commercial use near Holmes and Pleasant Grove, but in
order to erect the tower here, we have to configure all
the cells that surround this one.
GEORGE SHIELDS, 3031 PLEASANT GROVE ROAD, COUSIN OF
CAROLE WARNER, OWNER. I live on the north side of the
church on Pleasant Grove. This area behind my home has
been bought and sold from my family to at least four
different owners . Nobody seems able to develop it. I
don' t see the tower being an eyesore. Telephone poles
look just as bad as these towers do. There is a tower at
Washington and Holmes; I don't see any problems with that
one in a residential area.
LYN FITZSIMONS . We have a photograph of a similar tower.
A better representation may be the tower at the fire
station on Pleasant Grove. It is a 100-foot free-
standing tower. This tower would be the same type of
construction, only 150 feet tall .
Mr. Ruge, said according to the map, it looks like you
currently have only one tower in the City. Ms . LeBlanc
said the one on Forest Road was approved and is at
Council level . Mr. Ruff said on River Street there is a
380-foot-tall tower which is a for-lease tower with a
number of users for various types of communication. It
was located so that it could not only provide penetration
into the downtown buildings for many types of
communication, but also be leasable for other uses . They
are one of the tenants of the antenna.
Referred to the Zoning and Ordinance Committee.
G. NCU-2-95, 3330 S . Pennsylvania, Poxson Apts . , Restoration
of Fire-damaged 17-unit Apartment Building
NOTE: Postcard for 300-ft. notifications identified this
case as NCU-1-95; however, the correct case number is
NCU-2-95 .
Mr. Ruff presented the case, a request for Class A status
for a nonconforming property at 3330 S . Pennsylvania for
repair of fire-damaged structure by Wickens Builders . It
is nonconforming for dimensional reasons . The property
had a fire in April, and because of both the
nonconformity and the severity of the damage, the
administration could not approve the permit. We hold
hearings on all Class A requests . Staff has reviewed the
petition; we ask that following public comment tonight
PLANNING BOARD MINUTES JUNE 6 , 1995 - PAGE 12
that the Zoning and Ordinance Committee meet to consider
the request. This action does not go beyond the Planning
Board; City Council does not have a role--it is strictly
a Planning Board decision.
Mr. Ruge asked if reducing the number of units in the
building has been considered. Mr. Ruff said based on the
current lot area requirements , you could have five units
on the property. At present, there are 17 units which
would be a considerable reduction. Realistically, you
could not cut it back that far. Mr. Ruge asked about the
letter from Mr. Spagnuolo granting permission to park on
his property, and about the duration and/or revocability
of permission. Mr. Ruff said the City Attorney' s office
has supplied guidelines for contractual criteria. This
is more of a friendly agreement to help evaluate
practicality between numbers of parking spaces supplied
and required as to whether or not it is necessary to meet
those on site, with public transportation available, and
parking history. These are single-bedroom units, and
there has never ben a problem.
Mr. Ruge asked about Class A and the property assessment.
Mr. Ruff said the 50 percent figure is based on
Assessor' s records and the amount of the contract for
repairs . They also want to do additional work to prevent
maintenance repairs in the future.
STEVE WICKENS, WICKENS BUILDERS, 2510 KERRY ST, LANSING.
Mr. Gillespie and Mr. Spagnuolo are also here tonight.
In the past there has been no shared parking arrangement.
Mr. Spagnuolo is the father of Pamela and the father-in-
law of Phil Gillespie. They bought the building from Mr.
Spagnuolo. Mr. and Mrs . Gillespie intend in the future
to buy the Detroit News Building from Mr. Spagnuolo . In
the past there have been no parking problems because of
the single occupancy of the dwellings; Mr. Spagnuolo had
no violations in 23 years of ownership, nor have Mr. and
Mrs . Gillespie, since they assumed ownership. The
Gillespies want to put on a shingled hip roof to enhance
the residential character of the structure, and to
replace all the windows to increase thermal efficiency.
They also complied with all the suggestions of the
Building Safety Office for restoration work--smoke
detectors, hard-wired fire alarms, additional fire doors,
fire brakes, five-eighths-inch drywall (double-layered in
some places to increase fire ratings) and reconstructed
stairways . The repairs would help provide safe, quality
and affordable housing in Lansing. If Class A status
could be expedited, we would appreciate it. Mr.
Spagnuolo has offered shared parking agreement, though it
PLANNING BOARD MINUTES JUNE 6 , 1995 - PAGE 13
is not a requirement of a Class A nonconformity. Mr. and
Mrs . Gillespie' s concern for their tenants, and tenants '
desire to return, should be taken into consideration.
LARRY CUMMINS, 940 S . DEXTER, LANSING. The apartment
building at 3330 S . Pennsylvania is next to our backyard.
We have been there for 22 years and never had any
problems with parking with the apartment building. Pam
and Phil have been good management for the apartment. If
we have had a problem, we have talked to them. So far we
have not had anything they have not taken care of.
III . COMMENTS FROM THE AUDIENCE (5 minutes each) - None.
IV. RECESS - Mr. Goolsby made a motion, seconded by Mr. Greiner,
to recess for a Zoning and Ordinance Committee meeting to
consider NCU-2-95, voice vote, carried unanimously.
Chairman LeBlanc informed Mr. Nischan he will be on Zoning and
Ordinance Committee.
V. BUSINESS SESSION - The Board reconvened at 9 : 55 p.m.
A. Minutes for Approval : May 16, 1995
Mr. Ruge made a motion, seconded by Mr. Greiner, to approve the
minutes of May 16, 1995 .
Mr. Goolsby discussed the matter of Z-6-95, 4300 S . Pennsylvania
Ave. , "E-2" Local Shopping District to "F" Commercial District, on
Page 4 . The language is sufficient to explain the impact of the
action. The next paragraph may be highlighted.
Chairman LeBlanc said that, on Page 9 Paragraph 3, regarding NCU-2-
95 , she was speaking for herself. The sentence should read:
Chairman LeBlanc said t4i-e HER decision. . . .
PLANNING BOARD ACTION on the motion was as follows :
Forrest Yea Greiner Yea
Marshall Yea Ruge Yea
Goolsby Yea Nischan Abstain
LeBlanc Yea
On a roll call vote, there were: Yeas : 6; Nays : 0; Abstentions : 1;
carried; minutes of May 16, 1995 as amended were APPROVED.
B. Committee Reports
1 . Zoning and Ordinance Committee, Mr. Greiner, Chair.
PLANNING BOARD MINUTES JUNE. 6 , 1995 - PAGE 14
The Zoning and Ordinance Committee met during the
recess to consider NCU-2-95 , 3330 S . Pennsylvania,
Poxson Apts . , Restoration of Fire-damaged 17-unit
Apartment Building. The property, damaged by fire
on April 16 , 1995, was not in conformance with the
Zoning Code because it contains 12 units more than
permitted in the "D-1" Professional District
because of lot area requirements, and because it
provides 12 fewer parking spaces than required for
17 single-bedroom apartments . If the cost of
damage to a nonconforming building is greater than
50 percent of its appraised value, the zoning code
requires either that the building be brought up to
code or that the Planning Board grant the
nonconforming building "Class A" status before the
building can be repaired and the use continued.
The subject building was legally constructed in
1966 . The applicant has provided an agreement with
the owner of the adjacent office building to share
parking spaces . Based on testimony, evidence, and
the staff report, the Zoning and Ordinance
Committee has determined that the subject property
has functioned as a nonconforming use for many
years; there appears to be little if any conflict
between it and neighboring uses . The shared
parking arrangement has the effect of bringing the
site up to code regarding parking. Based on the
foregoing, the Committee believes that the parcel
meets the requirements of Class A status , and
considering those facts, the Zoning and Ordinance
Committee voted to approve NCU-2-95 .
Mr. Greiner made a motion, seconded by Mr. Goolsby, based on
testimony, evidence, and the staff report, a copy of which is
attached hereto and made a part thereof, to approve NCU-2-95, 3330
S. Pennsylvania, Poxson Apts . , Restoration of Fire-damaged 17-unit
Apartment Building. Regarding parking, Mr. Goolsby stated he was
satisfied that adequate parking exists on-site, that neighbors said
they had never had a problem with apartment building packers they
couldn't handle, and that family joint ownership has resulted in an
agreement to allow apartment residents to park on the Detroit News
site, if needed.
PLANNING BOARD ACTION on the motion was as follows :
Forrest Yea Greiner Yea
Marshall Yea Ruge Yea
Goolsby Yea Nischan Yea
LeBlanc Yea
PLANNING BOARD MINUTES JUNE 6 , 1995 - PAGE 15
On a roll call vote, there were: Yeas : 7; Nays : 0; carried
unanimously; NCU-2-95, 3330 S . Pennsylvania, Poxson Apts . ,
Restoration of Fire-damaged 17-unit Apartment Building was
APPROVED.
Next meeting WEDNESDAY, June 14, 1995 , at 4 p.m. ,
Planning Division Conference Room, Second Floor,
Washington Square Annex at which time the following
items will be considered.
a. Z-7-95, SW Cor. Jolly & Washington, "D-1"
Professional Office to "G-2" Wholesale
District
b. Z-8-95, E. Side 2600-2700 Blk. S . Cedar & 517
S . Park Blvd. , "A" Residential, "F"
Commercial, and "J" Parking Districts to "F"
Commercial District to "D-1" Professional
Office District
C. Z-9-95, 101 E. Hillsdale, "F-1" Commercial
District to "G-1" Business District
d. Z-10-95, 921 Linden Grove Avenue, "DM-3"
Residential District
e. SLU-4-95, Vacant Property East of Pleasant
Grove & North of Holmes Rd. , 150-foot-tall
Communications Tower, Century Cellunet
Mr. Goolsby asked if Z-7-95, SW Cor. Jolly & Washington, "D-1"
Professional Office to "G-2" Wholesale District, would be held,
pending the additional public hearing for Lot 2 . Mr. Ruff said
that would be a decision of the Board; however, the applicant will
have to file another petition. Another legal advertisement will be
necessary, together with renotification to surrounding owners .
1. Urban Development Committee, Mr. Ruge, Chair.
Next meeting TUESDAY, JUNE 13, 1995 at 4 p.m. ,
Planning Division Conference Room, Second Floor,
Washington Square Annex, at which time the
following item will be considered:
a. Act-15-95, CATA Ground Transportation Center,
400 Block S. Cesar Chavez Avenue, Land
Assembly and Sale.
Ms . Love said staff has decided, because the
Ground Transportation Center is a matter of
interest to many different groups in the
downtown area, that a public hearing would be
held for the entire project. Please note the
maps provided. The public hearing will be
PLANNING BOARD MINUTES JUNE 6 , 1995 - PAGE 16
held on June 20 at the next regularly
scheduled meeting of the Planning Board.
1 . Executive Committee
The Executive Committee met at 5 : 30 p.m. today
regarding the proposed revised Rules and
Procedures . Another meeting date will be set.
C. Report from Planning Manager, Ms . Love.
I already told you about the Ground Transportation
Center. We need to discuss vacation and summer meeting
schedules .
Mr. Goolsby made a motion, seconded by Mr. Ruge, to cancel the
Planning Board July 5th meeting, and hold one July meeting on July
18; and to cancel the August 1 meeting, and hold one August meeting
on August 15 .
PLANNING BOARD ACTION on the motion was as follows :
Forrest Yea Greiner Yea
Marshall Yea Ruge Yea
Goolsby Yea Nischan Yea
LeBlanc Yea
On a voice vote, there were: Yeas : 7; Nays : 0; carried unanimously;
canceled and rescheduled July and August meetings were APPROVED.
D. Pending Items : Future action required
2 . Zoning and Ordinance Committee:
a. Z-3-91, 4700 Block Aurelius Road (Committee
Held per continuance request)
b. Z-9-94 , 1500 Blk. E. Michigan, "C"
Residential, "DM-3" Residential and "F-1"
Commercial Districts to "DM-3" Residential
District; Church of the Resurrection, Remove
three houses and cafeteria building and
construct new parish hall
Mr. Ruff said that, with the case load for the June Zoning and
Ordinance Committee, and with a new committee member, the
Resurrection Church case, Z-9-94 , would not be on the agenda for
June.
PLANNING BOARD MINUTES JUNE 6 , 1995 - PAGE 17
3 . Urban Development Committee:
a. Act-11-95, McKinch Park Property, Parks and
Recreation Department, Acquisition/Park
Expansion
b. Act-14-95, Blue Coyote Microbrewery, Malt
Grain Storage Tank in Right-of-way at 113 Pere
Marquette
VI . NEW BUSINESS - None.
VII . COMMUNICATIONS
Letter from John and Maureen Miller, read during the hearing;
copies distributed to members; a packet from Century Cellunet
regarding SLU-4-95; an item on the Poxson Apartments; handout
packet from Ms . Mary Levine, Dept. of Management and Budget,
regarding Z-9-95 . Ms . Love distributed an analysis of a
ruling in Washington State regarding Adult Foster Care homes
and numbers of residents allowed.
VIII. COMMENTS FROM CHAIRPERSON
Ms . LeBlanc said she could not attend the Zoning and Ordinance
Committee meeting on June 14, 1995 . She asked committee
members, if they cannot attend a meeting, to inform her or Ms .
Love, so a substitute can be arranged. Urban Development
Committee has only three members . If one member is missing,
they cannot take action.
IX. BOARD MEMBER COMMENTS
Concerning cellular towers, Mr. Ruge asked whether a
consultant could hired or an expert consulted for basic
information, so we do not have to rely on information supplied
by the applicant.
Mr. Forrest announced his intention to resign from the Board
at the end of June, because he is moving to Meridian Township.
X. ADJOURNMENT - was at 10 :25 p.m.
Respectfully submitted
Eleanor K. Love, Secretary
Lansing Planning Board
c:\wp\data\p1anbd\mn060695
DRAFT TO CLERK 063095
APPROVED 071095
TO CLERK 080995
�.n „ Minutes of the Regular Meeting
LANSING PLANNING BOARD
7 : 30 p.m. , City Council Chambers
Tenth Floor, Lansing City Hall
LA,,NS11,N Gi CI1 v CLERIF 124 West Michigan Avenue
Tuesday, June 20, 1995
I . OPENING SESSION
Chairman Helen LeBlanc called the meeting to order at
7 : 35 p.m.
A. Roll Call . Present: Forrest, Goolsby, Greiner, LeBlanc,
Marshall, Nischan; Ruge; seven members present (one
vacancy) . Ex officio Councilmembers Jones and Lilly--not
in attendance.
B. Excused Absences - None
C. Introductions . Eleanor K. Love, Planning Manager,
introduced staff present: James A. Ruff, Zoning
Administrator; William C. Rieske, Principal Planner; and
Louise H. Christian, Planning Board Secretary.
D. Approval of Agenda. The agenda was approved with the
addition of two items, V.B. 2 .d. Act-15-94, 1208-1226
Turner Street, Vacation of Alley Right-of-way, North
Lansing Business and Art Development Association, and
V.B. l .e. P-1-91, Oakwood Executive Park Subdivision,
Final Plat.
II . HEARINGS - None
III . COMMENTS FROM THE AUDIENCE (5 minutes each)
BILL KNAPP, 2625 GATSBY COURT. I own 917 Linden Grove, since
1929 . There ' s only two houses on that street. I am against
it. Is the whole block going to be given "D-1" Professional
Office District"? Mr. Ruff said only 917 Linden Grove would
be rezoned, if Council approves the petition. Mr. Knapp said
he would be caught in the middle with no recourse. Chairman
LeBlanc said the Board is required by law to hear the case.
JIM HOUTHOOFD, 620 LESHER PLACE, CONTROLLER FOR NEOGEN. I
would like to clear up some of Mr. Knapp' s questions . Our
intention is to keep the Linden Grove property residential in
appearance. The outside will be repaired; the interior will
not be remodelled--if we no longer need it, it can be used as
residential . Six sales offices to be located there will have
no visitors coming and going. Three cars will be parked in
the rear of the building, with overflow parking located at 620
Lesher Place. The house is in the worst shape of any in the
area, and the neighborhood association welcomes Neogen
PLANNING BOARD MINUTES JUNE 20, 1995 - PAGE 2
Corporation fixing it up, same as the old Oak Park School .
The house is small, only 1, 000 sq. ft. , really too small for
two-family occupancy. The Oak Park Neighborhood Association
acknowledges that Neogen has been a good neighbor, keeping
crime and vandalism down. They have stated they prefer having
professional offices of Neogen there, rather than a drug house
or other undesirable tenants . We have improved the Lesher
Place property in the last ten years; just last month we made
our final payment to the Lansing School District. Mr. Knapp' s
house is also being rented. We contacted sixteen of the
twenty area property owners; all but one are in favor of our
petition. We currently have excess space in Lexington,
Kentucky, and would relocate the group there if we are denied.
I urge you to vote in favor of our petition.
LARRY LINVILL, 806 HASTING, TRAVERSE CITY, MI ON BEHALF OF
TRAVERSE BAY LAND COMPANY REPRESENTING CENTURY CELLUNET. As
a result of the Zoning and Ordinance Committee meeting last
week, Century has revised the site plan, moving the fences in
from the north 30 feet, and in from the east and west 20 feet,
maintaining a natural buffer of trees and heavy brush along
the exterior of the site. Additionally, we have agreed to
substitute a monopole construction rather than the lattice-
type. The monopole is more pleasing aesthetically.
IV. RECESS .
Mr. Ruge made a motion, seconded by Mr. Goolsby, for a meeting
of the Urban Development Committee to consider Act-15-94 ,
1208-1226 Turner St. , Vacation of alley right-of-way, North
Lansing Business and Art Development Association.
V. BUSINESS SESSION
A. Minutes for Approval : June 6, 1995
Mr. Greiner made a motion, seconded by Mr. Forrest, to approve the
minutes of June 6 , 1995 .
PLANNING BOARD ACTION on the motion was as follows :
Forrest Aye Greiner Aye
Marshall Aye Ruge Aye
Goolsby Aye Nischan Aye
LeBlanc Aye
On a roll call vote, there were: Ayes : 7 ; Nays : 0; carried
unanimously; minutes of June 6, 1995 were
APPROVED.
B. Committee Reports
PLANNING BOARD MINUTES JUNE 20, 1995 - PAGE 3
1 . Zoning and Ordinance Committee, Mr. Greiner, Chair.
a. Z-9-95, 101 E. Hillsdale, 'IF-l" Commercial
District to 11G-1" Business District
Applicant proposes to bring the zoning of the
Lottery Building into conformance with the
existing development.
The Committee found, based on testimony,
evidence and the staff report, that the
requested rezoning is consistent with the
master plan and will be consistent with the
area to the north which is also zoned "G-1"
Business District. Additional parking in the
area has recently been developed at the River
Street area north of Kalamazoo Street. The
rezoning will not increase the number of
parkers from the Lottery Building.
In committee, it was moved, seconded and
carried unanimously (3-0) to approve Z-9-95,
101 E. Hillsdale, "F-1" Commercial District to
"G-1" Business District.
Mr. Greiner made a motion, seconded by Mr. Goolsby, based on
testimony, evidence, and the staff report, a copy of which is
attached hereto and made a part thereof, to approve Z-9-95, 101 E.
Hillsdale, "F-1" Commercial District to 11G-1" Business District.
PLANNING BOARD ACTION on the motion was as follows :
Goolsby Aye Greiner Aye
Marshall Aye Ruge Ave
Forrest Aye Nischan Aye
LeBlanc Aye
On a roll call vote, there were: Ayes : 7; Nays : 0; carried
unanimously; Z-9-95, 101 E. Hillsdale, "F-1" Commercial District to
"G-1" Business District was APPROVED.
b. Z-10-95, 921 Linden Grove Avenue, "DM-3"
Residential District to "D-1" Professional
Office District
The petitioner is proposing to rezone property
at 921 Linden Grove Ave. to operate a
nonpublic office for telephone and traveling
sales personnel .
Staff finds that the proposed rezoning does
not comply with the Master Plan in that the
requested rezoning provides and/or allows for
nonresidential use for this residentially
PLANNING BOARD MINUTES JUNE 20, 1995 - PAGE 4
designated area of the Master Plan. The
rezoning will have some impact on the existing
vehicular and pedestrian traffic . There is a
potential for any type of permitted use in the
"D-1" Professional Office District which will
impact the patterns of development.
Staff recommends denial of the request to
rezone the property at 921 Linden Grove from
"DM-3" Residential to "D-1" Professional
Office District.
At the Zoning and Ordinance Committee meeting,
there was considerable discussion of the
proposal, especially in light of area
residents who, speaking at the last Planning
Board meeting, while not necessarily
indicating support for the rezoning, did
support Neogen' s use of the building as an
office. The committee voted (Ayes : 2; Nays :
1) to approve Z-10-95, 921 Linden Grove
Avenue, "DM-3" Residential District to "D-1"
Professional Office District.
Mr. Greiner made a motion, seconded by Mr. Goolsby, based on
testimony, evidence and the staff report, a copy of which is
attached hereto and made a part thereof, to approve Z-10-95 , 921
Linden Grove Avenue, "DM-3" Residential District to "D-1"
Professional Office District.
Considerable discussion ensued. Mr. Greiner said that at the
committee meeting he voted no, based on failure of the proposal to
comply with the Master Plan, and also based on the fact that the
"D-1" Office District would allow for other types of development in
the parcel but principally because of the pattern of zoning, a
leapfrog effect, that would follow as a result.
Mr. Goolsby said he was one of the two Aye votes, and while he
agrees with much of Mr. Greiner' s statement, and in the past he has
been consistent in voting against leapfrog zoning, when you look at
this fragile neighborhood, and other development with the
residential care facility, and the Salvation Army, it is true that
one house would be left in between. The property is currently
zoned two-family, but the size of the dwelling ( 1, 000 sq. ft. ) is
inadequate for the zoning, and it is in disrepair. Overall, the
rezoning will improve the neighborhood. In this case, given the
fragile nature of the neighborhood, Mr. Goolsby believes the
rezoning by the applicant, with the track record they have in the
neighborhood, will greatly enhance the property with improvements
and landscaping. Passersby will have a good impression of the
neighborhood, without realizing that the parcel is not residential .
PLANNING BOARD MINUTES JUNE 20, 1995 - PAGE 5
Based on that and the positive effect on the neighborhood, Mr.
Goolsby supports the rezoning.
Mr. Ruge said he could not support the petition, for two reasons .
"We cannot play favorites . If a petitioner disliked by the
neighborhoods brought a similar proposal, we would shut it down
quickly. For consistency's sake, and consistency is important
should a court case result, I have to oppose the petition. I know
the neighborhood organization supports this, but I remain opposed. "
Ms . LeBlanc said she also reluctantly opposes the petition; it
looks like spot zoning. Also, looking at the map, the street is in
transition between residential and nonresidential uses . At this
point, the overall plan is to keep the area residential . This is
the pivotal piece on the block. If this property were rezoned, the
next application I would have to vote for. This petition turns the
area away from residential into a commercial, business use.
PLANNING BOARD ACTION on the motion was as follows :
Goolsby Aye Greiner Nay
Marshall Nay Ruge Nay
Forrest Aye Nischan Aye
LeBlanc Nay
A yes vote is a vote to approve the rezoning. On a roll call vote,
there were: Ayes : 3; Nays : 4; motion did not carry; Z-10-95, 921
Linden Grove Avenue, "DM-3" Residential District to "D-1"
Professional Office District was DENIED.
C. SLU-4-95, Vacant Property East of Pleasant
Grove & North of Holmes Rd. , 150-foot-tall
Communications Tower, Century Cellunet
The committee found, based on testimony,
evidence, and the staff report that, as stated
in the staff report, with some improvements to
the proposal, primarily involving landscaping
and the type of tower to be used, the proposal
would not adversely impact the adjacent
undeveloped property nor the existing
development in the area. Further, the
committee found that the request does meet the
criteria for evaluating special land use
applications . Based on the foregoing, the
committee voted to approve SLU-4-95, Vacant
Property East of Pleasant Grove Road & North
of Holmes Road, 150 ' Comm. Tower, Century
Cellunet, with three conditions :
PLANNING BOARD MINUTES JUNE 20, 1995 - PAGE 6
1 . Approval of the height variance by the
Board of Zoning Appeals .
2 . Submission and approval of a landscaping
plan designed to screen the street level
view of the facility from the potential
street access to the subject property and
the fifteen-acre parcel .
3 . The tower be of the type that is solid in
appearance, referred to as a monopole
tower.
Mr. Greiner made a motion, seconded by Mr. Goolsby, based on
testimony, evidence, and the staff report, a copy of which is
attached hereto and made a part thereof, to approve SLU-4-95,
Vacant Property East of Pleasant Grove & North of Holmes Rd. , 150-
foot-tall Communications Tower, Century Cellunet.
Mr. Goolsby said, in the committee' s opinion, this site is the best
to be found in the area. It is a good site. There was much
discussion, and the applicant has already responded with a revised
site plan and a different pole design, based on that conversation.
Mr. Goolsby noted the matter was before the Board of Zoning Appeals
which favored waiting to see the new development plan in the area.
Three or four other plans have come up over the years, but none has
materialized. The petitioner is sensitive to comments in
committee, and has done a good job in trying to anticipate a
development, and the revised site plan reflects that.
Mr. Ruge said he was concerned with the original site plan, which
used the lattice-type tower, but the monopole design looks the
best, and since it has been moved back on the site, it is not going
to be directly in the line of sight of people driving into the
development.
Ms . LeBlanc said she also supports the petition. This is the best
site in this part of the City, and it will not impact current
residences .
PLANNING BOARD ACTION on the motion was as follows :
Marshall Aye Nischan Aye
Ruge Aye Forrest Aye
Goolsby Aye Greiner Aye
LeBlanc Aye
On a roll call vote, there were: Ayes : 7; Nays : 0; carried
unanimously; SLU-4-95, Vacant Property East of Pleasant Grove &
North of Holmes Rd. , 150-foot-tall Communications Tower, Century
Cellunet was APPROVED.
PLANNING BOARD MINUTES JUNE 20, 1995 - PAGE 7
d. Z-7-95, SW Cor. Jolly & Washington, "D-l"
Professional Office to 11G-2" Wholesale
District
The petitioner is proposing to rezone vacant
land at the southwest corner of Jolly and
Washington to construct an office/warehouse
building for an interior contracting business .
The building would consist of approximately
800 sq. ft. of office space, and 5,000 sq. ft.
of warehouse space.
The Committee found, based on testimony,
evidence, and the staff report, that the
proposed rezoning is not compatible with
surrounding uses, and does not comply with the
Master Plan. Further, the rezoning and/or
proposed development may have an impact on the
existing vehicular and pedestrian traffic.
Finally, the "G-2" Wholesale District allows
various warehouse and commercial uses which
could adversely impact the pattern of
development.
Based on the foregoing, the committee voted
unanimously ( 3-0) to deny Z-7-95, SW Cor.
Jolly & Washington, "D-1" Professional Office
to "G-2" Wholesale District.
Mr. Greiner made a motion, seconded by Mr. Goolsby, based on
testimony, evidence, and the staff report, a copy of which is
attached hereto and made a part thereof, to deny Z-7-95, SW Cor.
Jolly & Washington, "D-1" Professional Office to "G-2" Wholesale
District.
Mr. Ruff noted that the committee decided to act on the item to
provide the petitioner some understanding of the Board' s position
regarding the proposed rezoning of this lot, and potentially the
adjacent lot which has not as yet been applied for. By taking this
action, the Board will provide the petitioner with some other
information he did not have previously; also if he so chooses, he
then may decide not to apply to rezone the other lot. It may help
him make his decision regarding the other piece.
PLANNING BOARD ACTION on the motion was as follows . An Aye vote is
a vote to deny.
Nischan Aye Ruge Ave
Forrest Aye Goolsby Ave
Greiner Aye Marshall Aye
LeBlanc Aye
PLANNING BOARD MINUTES JUNE 20, 1995 - PAGE S
On a roll call vote, there were: Ayes : 7; Nays : 0; carried
unanimously; Z-7-95 , SW Cor. Jolly & Washington, "D-1" Professional
Office to "G-2" Wholesale District, was DENIED.
e. P-1-91, Oakwood Executive Park Subdivision,
Final Plat
The developer proposes to create ten ( 10) lots
for industrial park development. The parcel,
partly in the Township of Delhi and partly in
the City of Lansing, in total contains 29 lots
on 67 . 4 acres . Two (2 ) outlots are also
created for storm water detention. A public
street system is being utilized which extends
west off of Pine Tree Road. Three of the
streets provide for extensions onto adjacent
vacant property. Temporary turnarounds with
easements are provided at the terminus of
these three streets .
The final plat drawings are in substantial
conformance with the preliminary plat but it
continues to contain some complexities that
have not been addressed in the final plat
which would cause or have the potential to
cause taxation and permitting issues in the
future. Based on testimony, evidence, and the
staff report, the Zoning and Ordinance
Committee voted to approve final plat of
P-1-91, Oakwood Executive Park Subdivision,
Final Plat, with the following conditions :
1 . The final plat drawings be altered as
follows :
a. That part of Lot 10 that is within
the City of Lansing shall be shown
as part of the right-of-way for
English Oak Drive.
b. The west lot line of Lot 26, which
is also the east right-of-way line
of Spanish Oak Drive, shall also be
the west edge of the city limits .
C . Outlot A shall be divided into two
outlots along the line of the city
limits .
2 . That the final security be posted in the
amounts specified by the Public Service
Department and the Parks and Recreation
Department, and finally,
PLANNING BOARD MINUTES JUNE 20, 1995 - PAGE 9
3 . That all conditions of the preliminary
plat be referred to.
Mr. Greiner made a motion, seconded by Mr. Goolsby, based on
testimony, evidence, and the staff report, a copy of which is
attached hereto and made a part thereof, to approve P-1-91, Oakwood
Executive Park Subdivision, Final Plat, subject to the three
conditions in the Zoning and Ordinance Committee report as above.
PLANNING BOARD ACTION on the motion was as follows .
Marshall Aye Nischan Aye
Ruge Aye Forrest Aye
Goolsby Aye Greiner Aye
LeBlanc Aye
On a roll call vote, there were: Ayes : 7; Nays : 0; carried
unanimously; P-1-91, Oakwood Executive Park Subdivision, Final
Plat, was APPROVED.
Next meeting approximately one week (date to be announced) after
the next scheduled Planning Board meeting July 18, in the Planning
Office, Conference Room, Second Floor, Washington Square Annex.
2 . Urban Development Committee, Mr. Ruge, Chair.
The Urban Development Committee met on June 13,
1995 and acted on three items, among them Act-15-
95, CATA Ground Transportation Center. The
Executive Committee met on Thursday, June 15, 1995,
and took into account the UDC recommendation.
Since it has already been acted upon by the
Executive Committee on behalf of the Planning
Board, it will be reported under Executive
Committee.
a. Act-11-95, McKinch Park Property, Parks and
Recreation Department, Acquisition/Park
Expansion
The Lansing Parks and Recreation Department
proposes to acquire parts of Lots 15, 16, 17 ,
and 18 ( 19 acres) of Creyts Subdivision Plat
for expansion of McKinch Park. The City would
develop this for public park purposes, or the
property would revert to the Department of
Natural Resources . Some activities proposed
for the land include a soccer complex or a
community center. A concern of the committee
is that, currently the property is only
accessible from Moffitt Street, and traffic
might increase on a small neighborhood street.
The committee urges, if the property is
PLANNING BOARD MINUTES JUNE 20, 1995 - PAGE 10
actually developed by the City, that access be
from Jolly Road or King Boulevard.
The committee found that these properties were
desirable to the City, due to their size and
location. The purchase price was also very
attractive, at $150 per parcel (total price in
the $750-900 range to acquire 19 acres) . The
committee understood that the maintenance cost
would be minimal . Mowing costs would not be
incurred, because the land would be left in a
natural state, until development plans are
prepared and finalized. It was moved,
seconded and carried unanimously to approve
the proposed acquisition, provided that
vehicular access be provided from King
Boulevard and/or Jolly Road, not from
neighborhood streets .
Mr. Ruge made a motion, seconded by Mr. Forrest, to approve
Act-11-95, McKinch Park Property, Parks and Recreation Department,
Acquisition/Park Expansion, provided that vehicular access be from
Jolly or King Boulevard.
PLANNING BOARD ACTION on the motion was as follows :
Marshall Aye Nischan Aye
Ruge Aye Forrest Aye
Goolsby Aye Greiner Aye
LeBlanc Aye
On a roll call vote, there were: Ayes : 7 ; Nays : 0; carried
unanimously; Act-11-95, McKinch Park Property, Parks and Recreation
Department, Acquisition/Park Expansion was APPROVED.
b. Act-14-95, Blue Coyote Microbrewery, Malt
Grain Storage Tank in Right-of-Way at 113 Pere
Marquette
The petitioner requests approval of an
easement for placement of a malt grain storage
tank in Pere Marquette sidewalk/right-of-way.
The property is located in the old warehouse
district and is seen as an important part of
the success of the City' s efforts to
revitalize the area as an entertainment
district. Blue Coyote wishes to acquire an 11
ft. x 11 ft. easement into the public right-
of-way. They discussed the proposal with City
officials who seem to agree with this . Staff
recommended approval with three conditions .
It was moved, seconded, and carried
unanimously to approve the request, including
all of the conditions .
PLANNING BOARD MINUTES JUNE 20, 1995 - PAGE 11
Mr. Ruge made a motion, seconded by Mr. Forrest, to approve
Act-14-95, Blue Coyote Microbrewery, Malt Grain Storage Tank in
Right-of-Way at 113 Pere Marquette, subject to the three
conditions, including all the subconditions listed on Page 4 of the
Urban Development Report, and included here:
1 . The legal description and the following safeguards should be
incorporated in the easement agreement:
* The tank shall be mounted as close to the front of the
building as possible (virtually flush-mounted) , and (if
possible) a few feet south of the location originally
proposed.
* If possible, a narrower and perhaps taller tank should be
utilized in order to minimize the required foundation size.
* For pedestrian safety, the tank foundation should be the same
elevation as the sidewalk. This would prevent tripping over
an inconspicuous grade change.
* The foundation should be constructed using caissons to provide
stability. The silo foundation shall not compromise the
stability of the building foundation.
* The top of the silo shall be anchored into the front of the
building to stabilize the top of the tank (and prevent it from
falling) .
* The existing water line shall be sleeved and/or rerouted if it
impedes the construction of the foundation.
* The existing manhole and associated 15" sewer line shall not
be compromised due to the age of the sewer line. The
applicant shall certify in writing that the City will be able
to dig next to the foundation and service the sewer line.
* Final permission to proceed, when given, will be carried out
in building permit process, which requires the concurrence of
the Public Service Department as well as the Building Safety
and Planning Offices .
* The legal description of the easement will need to be drafted
after sufficient information has been gathered from Miss Dig,
soil borings and engineering drawings .
2 . The building permit process should be utilized for granting
approval for construction.
3 . The silo shall be considered as part of the building for sign
regulation. The "H" Light Industrial regulations apply to this
building, and a maximum of two wall signs totalling up to a maximum
of 144 square feet can be permitted on the entire building,
including the silo.
PLANNING BOARD MINUTES JUNE 20, 1995 - PAGE 12
Mr. Ruge said the area where they want to put this tank is a very
heavily-used area. A sewer goes through it, and a water main, and
there is going to be heavy pedestrian traffic . Mr. Rieske met with
Public Service Department and the Transportation Engineer, and they
have worked out a plan that allows the applicant to have his silo
but not compromise city services or safety of the citizens .
PLANNING BOARD ACTION on the motion was as follows :
Marshall Aye Nischan Aye
Ruge Aye Forrest Aye
Goolsby Aye Greiner Aye
LeBlanc Aye
On a roll call vote, there were: Ayes : 7 ; Nays : 0; carried
unanimously; Act-14-95, Blue Coyote Microbrewery, Malt Grain
Storage Tank in Right-of-Way at 113 Pere Marquette, was APPROVED.
C. Act-15-94, 1208-1226 Turner, Vacate Alley
behind Northeast Corner of Grand River Avenue
and Turner Street, Old Town Business and Art
Development Association.
The request is for the vacation of portion of
alley adjacent to and east of 1208 through
1226 Turner Street. The Old Town Business and
Art Development Association requests that the
City vacate the alley. The applicants propose
to improve the alley to serve private parking
to be located west of the CONRAIL right-of-
way. It was moved and seconded that the alley
vacation be approved with five conditions :
( 1) That an easement be granted and
maintained for the existing public
utilities in the alley;
(2) That the applicant submit a site plan for
use of the alley and adjacent property
for review and approval of the City' s
Planning Office and Transportation
Engineer;
( 3) That the vacated portions of the alley be
combined with the adjacent legal parcels
so as to assure no landlocked parcels are
created;
(4) Compliance with building safety
requirements for ingress/egress to
adjacent buildings .
(5) That the site plan be approved by the
Fire Department to alleviate concerns
about access by their equipment in the
event of an emergency.
PLANNING BOARD MINUTES JUNE 20, 1995 - PAGE 13
In committee, a motion was made, seconded, and
carried unanimously to approve Act-14-94,
1208-1226 Turner, Vacate Alley behind
Northeast Corner of Grand River Avenue and
Turner Street, Old Town Business and Art
Development Association, subject to the five
conditions, four of which are listed in the
report, plus the fifth, that the site plan be
approved by the Fire Department.
Mr. Ruge made a motion, seconded by Mr. Forrest, to approve Act-15-
94 , 1208-1226 Turner, Vacate Alley behind Northeast Corner of Grand
River Avenue and Turner Street, Old Town Business and Art
Development Association, subject to the five conditions, four of
which are listed in the report, plus the fifth, that the site plan
be approved by the Fire Department.
PLANNING BOARD ACTION on the motion was as follows :
Marshall Aye Nischan Aye
Ruge Aye Forrest Aye
Goolsby Aye Greiner Aye
LeBlanc Aye
On a roll call vote, there were: Ayes : 7; Nays : 0; carried
unanimously; Act-15-94, 1208-1226 Turner, Vacate Alley behind
Northeast Corner of Grand River Avenue and Turner Street, Old Town
Business and Art Development Association, was APPROVED.
Next meeting approximately one week (date to be
announced) after the next scheduled Planning Board
meeting July 18, in the Planning Office Conference
Room, Second Floor, Washington Square Annex.
C. Executive Committee
The Executive Committee met twice.
a. Act-15-95, CATA Ground Transportation Center,
400 Block S. Cesar Chavez Avenue, Land
Assembly and Sale
Mr. Goolsby reported on the meeting held
Thursday, June 15, 1995, regarding Act-15-95,
CATA Ground Transportation Center, 400 Block
S . Cesar Chavez Avenue, Land Assembly and
Sale. The Executive Committee considered and
discussed at length the report of the Urban
Development Committee which met Tuesday, June
13, 1995 . The Executive Committee adopted the
report of the Urban Development Committee and
recommended approval of Act-15-95 . -
PLANNING BOARD MINUTES JUNE 20, 1995 - PAGE 14
Mr. Greiner brought to the Board' s attention
the fact that he is employed by the Michigan
State Housing Development Authority, which is
the prime tenant on the block which
encompasses the CATA proposal . In that
capacity, he is also responsible for providing
leased space for the office; therefore, he
negotiates the lease for this property. Some
of the property on which the committee passed
the motion contains part of their parking lot.
He does this solely in his working
relationship with his employer and in no way
realizes any financial remuneration, nor will
he gain in any way from this proposal .
Chairman LeBlanc said the Executive Committee
also met this evening to further review
revised Rules and Procedures . Another meeting
has tentatively set for 5 : 30 p.m. , prior to
the next Planning Board meeting on July 18 .
C. Report from Planning Manager, Ms . Love.
Two items : The CATA land transfer passed City Council
Monday night; they have agreed to sell the property to
CATA, which will construct both the ground transportation
terminal and the office building, and lease the entire
facility back to the City. They will pay a proportional
share for the portion of the building which they in turn
lease from us .
The second thing is that the Sparrow Hospital staff has
a request to do a presentation before the Planning Board
on the August Planning Board meeting (August 15) . They
would like to present the long-awaited Traffic Study for
the area surrounding Sparrow Hospital that is mentioned
in the East Michigan Avenue Revitalization Study. The
main issues are homes and the intersection between Jerome
and Pennsylvania, the school traffic and the hospital
traffic. They want to update you on what they have been
doing for the last eight months .
D. Pending Items : Future action required
1 . Zoning and Ordinance Committee:
a. Z-3-91, 4700 Block Aurelius Road (Committee
Held per continuance request)
b. Z-3-95, 2801 Mersey Lane, "CUP" Community Unit
Plan to 11DM-2" Residential District (Staff
Held pending rehearing)
PLANNING BOARD MINUTES JUNE 20, 1995 - PAGE 15
C . SLU-1-95, 2801 Mersey Lane, Cellular
Communications Tower (Staff Held pending
rehearing)
d. Z-9-94, 1500 Blk. E. Michigan, "C"
Residential, "DM-3" Residential and "F-1"
Commercial Districts to "DM-3" Residential
District; Church of the Resurrection, Remove
three houses and cafeteria building and
construct new parish hall
e. Z-8-95, E. Side 2600-2700 Blk. S. Cedar & 517
S . Park Blvd. , "A" Residential, "F"
Commercial, and "J" Parking Districts to "F"
Commercial District (Tabled in committee
061495)
VI . NEW BUSINESS
VII . COMMUNICATIONS
Letter to Tony Benavides from Rosa Killips on the Hispanic
Culture Center.
VIII . COMMENTS FROM CHAIRPERSON
A meeting was held last week by the mayors of Lansing, East
Lansing, representatives from Meridian Township, Delta, Delhi
and DeWitt Townships and other surrounding communities to
look for regional support for various facilities . We on this
Board have talked about the need to plan on a regional basis .
IX. BOARD MEMBER COMMENTS
Mr. Forrest has submitted his letter of resignation; this
will be his last meeting.
X. ADJOURNMENT - was at 9 : 05 p.m.
Respectfully submitted
Eleanor K. Love, Secretary
Lansing Planning Board
c:\wp\data\p1anbd\mn062095 a:\23
Z-9-95
101 E. Hillsdale
'IF-1" Commercial District to "G-1" Business District
GENERAL INFORMATION
APPLICANT: State of Michigan
Department of Management and Budget
STATUS OF APPLICANT: Owner
REQUESTED ACTION: Rezone state Lottery Building site
EXISTING LAND USE: Office
EXISTING ZONING: "F" Commercial District
PROPOSED ZONING: "G-1" Business District
PROPERTY SIZE & SHAPE: 155 ' X 198 ' = 30, 690 square feet
SURROUNDING LAND USE: N: Bus Station
S : Office
E: Office
W: Parking
SURROUNDING ZONING: N: "G-1" Business
S: "F" Commercial
E: "D-1" Professional Office
W: "F" Commercial
MASTER PLAN DESIGNATION: The Amendment to the River Island
Comprehensive Plan identifies the
area for office use and as a part of
the Central Business District.
CASE HISTORY: Lottery Building built in 1990.
SPECIFIC INFORMATION
DEVELOPERS PROPOSAL: Applicant proposes to bring the
zoning of the Lottery Building into
conformance with the existing
development.
PLANNING BOARD Z-9-95, 101 E. Hillsdale PAGE 2
"F-1" Commercial District to "G-1" Business District
AGENCY RESPONSES:
Board of Water &
Light Electric Utility:
No comment. Contact person and
phone no. Linda Rasor - 372-6847 .
Water Utility:
BWL has a water main project which
will be installed in Hillsdale.
Owner or contractor would contact
Terry Robsison, Water Tech. Support,
371-6494 .
Contact Person and Phone No. : Terry
Robison 371-6494 .
Steam Utility:
BWL has an existing 8" underground
steam line that is located in the
alley that runs across the above
property (see attached drawing) . I
am assuming this alley will remain a
City of Lansing right of way.
Contact Person and Phone No. : John
Hundt, Steam Engineering, 371-6497 .
Fire Marshall : Approved.
AMERITECH: None.
Building Safety: No comment.
Consumers Power: No objection.
Development: The "F-1" Commercial District
already allows for the use
established on the site. The
proposal will only serve to
eliminate any parking requirements.
Does the state really have to ask us
to do what they want? Is there a
proposal to expand the lottery
facility? Need more information to
PLANNING BOARD Z-9-95, 101 E. Hillsdale PAGE 3
"F-1" Commercial District to 11G-1" Business District
evaluate impact, relative to
Development Office.
Continental Cable: This proposed rezoning will not
directly affect our facilities at
this time.
Transportation
Engineer: Extension of the G-1 Business
District will cause a further demand
on the public parking system. There
are no public parking facilities in
the area to service this demand.
.Consideration should be given to
denying this request.
ANALYSIS
BACKGROUND
The State of Michigan wishes to bring the zoning of the
Lottery Building into conformance with existing development.
In 1990, the property owner, Mr. Ken Ellis, had to commit a
couple of his parking lots downtown for parking to accommodate
any required parking. A variance was granted for some setback
requests as well as for parking. The parking was not granted,
with the exception of the distance to the parking lots Mr.
Ellis owned, one being located at the corner of S. Washington
and St. Joe, and another being to the north and west at
Lenawee Street, just off of Washington Square Mall. Distance
variances were granted to those parking lots. At the time the
State was the prospective tenant with an option to purchase,
the lease was for 20 years. The State acted upon its option
its first couple of years and has since owned the property,
therefore, the situation has changed. The State now wishes to
clean that up as a commitment to Mr. Ellis, hence the request
for rezoning for the "G-1" Business District.
COMPATIBILITY WITH SURROUNDING LAND USE
The Lottery Building is surrounded by a bus station to the
north, parking lots and office development to the west, and
office development to the east and south.
COMPLIANCE WITH MASTER PLAN
The Amendment to the River Island Comprehensive Plan, adopted
in 1986, identifies the area for office land use (See
attached) . This is therefore in compliance with the Plan.
PLANNING BOARD Z-9-95, 101 E. Hillsdale PAGE 4
"F-1" Commercial District to "G-1" Business District
IMPACT ON VEHICULAR AND PEDESTRIAN TRAFFIC
Employees currently park in a variety of State-, City-owned
and private lots. CATA operates a shuttle service around the
downtown area to other downtown lots. Therefore, parking is
currently available to accommodate employees at the Lottery
Building.
ENVIRONMENTAL IMPACT
The zoning of the property to the "G-1" Business District will
not negatively impact the environment since the structure has
already been developed.
IMPACT ON FUTURE PATTERNS OF DEVELOPMENT
The zoning request will not negatively impact future patterns
of development. The zoning of the property to the "G-1"
Business District simply relieves Mr. Ken Ellis of
restrictions on his parking lots that he was to make available
for parking to accommodate employees of the Lottery Building.
This will lift any restrictions placed on Mr. Ellis' parking
lots to allow him to fully develop his lots in the future.
SUMMARY
This request to rezone the property from the "F-1" Commercial
District to the "G-1" Business District is reasonable and will
not negatively impact vehicular or pedestrian traffic, the
environment, or patterns of development.
This requested change to the "G-1" Business District will be
consistent with the area to the north which is also zoned "G-
1" Business District. Additional parking in the area has
recently been developed at the River Street area north of
Kalamazoo Street, but the rezoning will not increase the
number of parkers from this already constructed building.
RECOMMENDATION
Staff recommends the property at 101 E. Hillsdale be rezoned
from the "F-1" Commercial District to the "G-1" Business
District.
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Z-10-95
921 Linden Grove
"DM-3" Residential to "D-1" Professional Office District
GENERAL INFORMATION
APPLICANT: Neogen Corporation
620 Lesher Place
Lansing, MI 48912
STATUS OF APPLICANT: Option to buy
REQUESTED ACTION: Rezoning
EXISTING LAND USE: Vacant
EXISTING ZONING: "DM-3" Residential District
PROPOSED ZONING: "D-1" Professional Office District
PROPERTY SIZE & SHAPE: 75.24 ' X 35 ' = 2,633 sq. ft.
SURROUNDING LAND USE : N: Single Family Residential
S: Salvation Army
E: Two-Family Residential
W: Single Family Residential
SURROUNDING ZONING: N: "DM-3" Residential
S: "DM-3" Residential
E: "DM-3" Residential
W: "DM-3" Residential
MASTER PLAN DESIGNATION: The Northeast Area Comprehensive
Area Plan designates this area for
residential use.
SPECIFIC INFORMATION
DEVELOPER' S PROPOSAL: The petitioner is proposing to
rezone property at 921 Linden Grove
Ave. to operate a nonpublic office
for telephone and traveling sales
personnel.
PLANNING BOARD Z-10-95, 921 Linden Grove Avenue PAGE 2
"DM-3" Residential District to "D-1" Professional Office District
AGENCY RESPONSES:
AMERITECH: None
BWL: Electric Utility
No objections or concerns
Contact Person: Linda Rasor
Water Utility
No conflict. Owner should contact
Terry Robison, Water Tech. Support,
with water requirements .
BUILDING SAFETY: The project is subject
to compliance with the site review
requirements of the City of Lansing code
of ordinances . In like manner, the
construction of the project is subject to
building permit acquisition. Contact
Christine Segerlind, Plan Analyst for
further information.
DEVELOPMENT: Proposal results in encroachment into
residential area. The area in question
is located within the boundaries of the
Oak Park Neighborhood Association, one of
21 target areas where housing and
community development activities are
concentrated. Any proposal that is
contrary to neighborhood revitalization
should be opposed. Plan in Neighborhood
Housing Needs Study (Lansing Housing
Partnership) advocates maintenance and
code compliance the residential
structure.
CONSUMERS
POWER: No objections
CONT. CABLE: No objections to this proposal at
this time.
FIRE MARSHAL: Approved
PLANNING BOARD Z-10-95 , 921 Linden Grove Avenue PAGE 3
"DM-Y Residential District to "D-l" Professional Office District
ANALYSIS
COMPATIBILITY WITH SURROUNDING LAND USE
The block this property is contained within does have varied
uses, but the immediately surrounding land uses consist of
single- and two-family to the north, east and west. The
Salvation Army is located to the south. The proposed rezoning
would be "sandwiched" between two residential structures.
Even though it would be a supplemental facility for Neogen, it
also does not directly abut the Lesher Place office. This
"leap frog" pattern to rezoning is not a recommended land use
situation. It does not support stability of the residential
zoning and leaves future land use in question for adjacent
properties . The rezoning of this property could lead to
change in the entire residential character of this
neighborhood. The Neogen Corporation is located at 620 Lesher
Place which is around the corner from this proposed rezoning.
The surrounding zoning consist of "DM-3" Residential . The
proposed rezoning is not compatible with surrounding land
uses .
COMPLIANCE WITH MASTER PLAN
The Northeast Area Comprehensive Area Plan designates this
area for residential use. The proposed zoning change is
inconsistent with the Master Plan, which recognizes the
existing residential use.
IMPACT ON VEHICULAR AND PEDESTRIAN TRAFFIC
The applicant is proposing to house 4-6 sales personnel, who
will work 8 a.m. -5 p.m. Monday-Friday. There will be no
visitors or deliveries received at this location since it is
serving as an auxiliary office to the company' s main building
at 620 Lesher Place. This type of use has the potential of
increasing the vehicular and pedestrian traffic in the area.
Due to the types of surrounding uses (Salvation Army, Shelter,
and the like) in the area, the neighborhood is already seeing
a constant traffic flow in such a small residential block.
ENVIRONMENTAL IMPACT
There should be no type of environmental impact due to the
rezoning of this property. Even with minor house repairs,
such as reroofing and fixing a porch, as proposed by the
applicant, there should be no impact on the environment.
PLANNING BOARD Z-10-95, 921 Linden Grove Avenue PAGE 4
"DM-3" Residential District to "D-1" Professional Office District
IMPACT ON FUTURE PATTERNS OF DEVELOPMENT
There is a potential for the development of any use that is
permitted in the "D-1" Professional Office District which
could have more of an impact than what the current applicant
is proposing.
OTHER
The applicant, Neogen Corporation, is proposing not to make
any significant changes to the interior or exterior of the
structure. They intend to make some repairs to the roof and
porch and to landscape the property in keeping with the
residential appearance. The building codes may require some
changes to the structure due to the change in use.
The Oak Park Neighborhood Association was represented at the
public hearing. They asked if there was another way to allow
them to use the building for their purpose without rezoning
it, but supported the proposed use of the building by Neogen.
The staff responded to their inquiry, explaining the various
alternatives for office use and concluding that to use this
structure entirely for office use, it would have to be
rezoned.
SUMMARY
Based upon the report, staff finds that the proposed rezoning
does not comply with the Master Plan in that the requested
rezoning provides and/or allows a density greater than
specified for this property in the Master Plan. The rezoning
will have some impact on the existing vehicular and pedestrian
traffic . There is a potential for any type of permitted use
in the "D-1" Professional Office District which will impact
the patterns of development.
RECOMMENDATION
Even though the Planning staff does not desire a reduction in
staff at Neogen, staff recommends denial of the request to
rezone the property at 921 Linden Grove from "DM-3"
Residential to "D-1" Professional Office District. Other
avenues of expanding the office space at 620 Lesher Place
ought to be pursued or other alternatives investigated.
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PROPOSAL TO REQUEST REZONING
921 LINDEN GROVE, LANSING
FROM DM-3 TO D-1 PROFESSIONAL OFFICE BUILDING
Neogen Corporation would like to purchase the property at 921
Linden Grove for use of the residence for sales offices to
accommodate four-six personnel . An offer for purchase has been
accepted by the owner, contingent upon rezoning. The property,
built in 1910 , has been used for residential rental for
approximately 10 years .
Neogen desires to purchase and use this property since its
national headquarters building located at 620 Lesher Place is now
fully occupied and additional offices are required. The Lesher
Place property (the old Oak Park School) is approximately 100
yards from the Linden Grove property.
Neogen would propose to use the building to house sales personnel
who would generally arrive at 8 : 00 a.m. and depart at 5 : 00 p.m.
No visitors or deliveries would be received at this site since it
would serve only as auxiliary offices to the company' s main
building.
Neogen would not intend to make any significant changes to either
the outward or inward appearance of the property. Neogen would
intend to make some much needed repairs to roof and porches, as
well as landscape of the property in keeping with a residential
appearance . Neogen would propose to gravel the existing backyard
(approximately 35 feet square) to accommodate parking of four
automobiles . The backyard is blocked from view of the street by
the house .
AFFECT ON THE NEIGHBORHOOD
Though the immediate neighborhood could still deserve upgrading,
it has improved considerably since Neogen moved into the Lesher
Place facility in the fall of 1985 .
The attached sketch gives an idea of use of property in the
neighborhood. The short Linden Grove street is dominated by the
Salvation Army church and the Battered Women' s Shelter. There
are only three properties with Linden Grove addresses . The
neighborhood is also heavily influenced by Eastern High School,
Sparrow Hospital, and the Jiffy Lube retail outlet .
Neogen' s purchase of the property and intended use could serve to
help further stabilize the neighborhood since Neogen would
improve the physical appearance of the property and maintain that
appearance . Otherwise, the property is apt to be purchased for
income rental and the caliber of residents nor the landlord' s
care of the property can be assured. Neogen' s use of the
property would not have any significant impact to automobile
traffic .
t
OTHER CONSIDERATIONS
Neogen began its existence in East Lansing in 1982 with one
employee and no revenues or products . The company has now grown
to be recognized as one of the leading biotechnology firms in the
U. S . with an extensive group of products used to control residues
and improve the safety of food and the environment . Neogen has
grown to become a publicly-held company with shareholders
throughout the world, has revenues of approximately $12 million,
and is profitable .
Though Neogen has acquired and operates other locations in
Schiller Park, Illinois, Lexington, Kentucky, and Bridgeport, New
Jersey, it is the desire of management to continue to maintain
Lansing, Michigan as its corporate base.
Since Neogen acquired the old Oak Park school in 1985, it has
made a significant contribution toward stabilizing the
neighborhood. Working with city officials, Neogen has been
helpful in general clean-up of the neighborhood, reduction of
drug traffic and prostitution, and has peacefully co-existed with
residents of the neighborhood and the adjacent city park. (A
copy of Neogen' s most recent annual report is enclosed. )
Approval of the request for rezoning of 921 Linden Grove would
further stabilize the community, enhance property values in the
neighborhood, and ensure the continued present value of Neogen' s
property and the safety of its employees . This also allows
Neogen to keep this group in Lansing rather than relocate them to
another of its existing sites .
dk
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Z-10-95 , 921 Linden Grove Avenue
"DM-3" Residential District to "D-1" Professional Office District
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SLU-4-95; BZA 3346 .95
Vacant Property East of Pleasant Grove Road &
North of Holmes Road, 150 ' Comm. Tower, Century Cellunet
GENERAL INFORMATION
APPLICANT: Traverse Bay Land Company,
representing Century Cellunet
2650 Horizon SE, Suite E
Grand Rapids, MI 49546
STATUS OF APPLICANT: Lessee
OWNER: Carol A. Warner
2110 W. Holmes Road
Lansing, MI 48910
REQUESTED ACTION: The necessary approvals to permit
development of this project include:
1 . Approval of a Special Land Use
permit under Section 1248 . 04 (e)
of the Zoning Code, permitting
construction and operation of
"a structure which is owned and
operated by a public utility. .
2 . Approval of a variance from
Section 1254 . 10 of the Zoning
Code, by the Board of Zoning
Appeals, to permit the proposed
structure of 169 feet in height
(the maximum height permitted
by right in the "A" Residential
District is 35 feet, with 15
feet permitted for accessory
structures) .
EXISTING LAND USE : Vacant
LOCATION: North and east of the corner of
Pleasant Grove and Holmes Roads
EXISTING ZONING: "A" Residential District
PROPERTY SIZE & SHAPE: 90 ' x 189 ' = 17 , 010 sq. ft. (of
which the tower site would be
confined to the north 100 ft. )
PLANNING BOARD SLU-4-95; BZA 3346 .95 PAGE 2
Vacant Property East of Pleasant Grove Road &North of Holmes Road, 150' Comm. Tower, Century Celhmet
SURROUNDING LAND USE: N: Vacant
S : Public facilities (Hope
Academy, formerly the Pleasant
Grove Elementary School)
E: Vacant
W: Vacant
SURROUNDING ZONING: N: "A" Residential District
S : "A" Residential District
E: "A" Residential District
W: "A" Residential District
MASTER PLAN DESIGNATION: The Southeast Area Comprehensive
Plan designates the subject property
for residential use.
CASE HISTORY:
SPECIFIC INFORMATION
DEVELOPER' S PROPOSAL: Traverse Bay Land Company, agent for
Century Cellunet, is requesting
approvals necessary to permit
construction of a 150-foot-tall
cellular telephone tower (with a 19-
foot-tall lightning rod or antenna. )
The location of the subject property
is northeast of the Pleasant Grove
and Holmes Road intersection.
AGENCY RESPONSES :
AMERITECH: AMERITECH would request use of
access easement for communications
facilities as needed.
BUILDING SAFETY: The project is subject to compliance
with the Site Review requirements of
the City of Lansing Code of
Ordinances . In like manner, the
construction of the project is
subject to building permit
acquisition. Contact Christine
Segerlind, Plan Analyst, Building
Safety Office, for further
information.
CONSUMERS POWER: No objection.
PLANNING BOARD SLU-4-95 ; BZA 3346 .95 PAGE 3
Vacant Property East of Pleasant Grove Road &North of Holmes Road, 150' Comm. Tower, Century Cellimet
CONTINENTAL CABLE: No objection.
DEVELOPMENT: Not applicable to this office.
FIRE MARSHAL: Approved.
LANSING SCH. DIST. : No objection.
DESCRIPTION of SITE:
The property is located approximately 430 feet north of and
280 feet east of the northeast corner of Pleasant Grove and
Holmes Roads . The surrounding area is essentially undeveloped
woodlot with the exception of the former Pleasant Grove School
(now called Hope Academy) , and a pair of single family homes
on the east side of Pleasant Grove Road.
ANALYSIS
Special Land Use
Section 1282 . 03( f) ( 1) -(9) sets forth the criteria which must
be used to evaluate a Special Land Use permit request. The
criteria and evaluation are summarized as follows .
1 . Compatibility with Use on Adjacent Properties
There are no existing adjacent uses with which the
proposed tower would be directly incompatible. The tower
will have minimal impact on the existing surrounding
residential areas because of the large setback from these
areas . Staff ' s concern is the tower' s potential, because
of its visual impact, to discourage future residential
development of the fifteen-acre site that borders the
north and east property lines of the subject property.
The access location for this tower is also a potential
access point for the fifteen-acre parcel as well, and
could adversely impact the visual integrity of this
naturalistic site.
The truss- or lattice-style tower is proposed for the
north portion of the site. Potentially, if an area of
adequate size is retained north, east, and west of the
fence line for the tower, landscaping could reduce the
visual impact of the tower to drivers entering a future
road. Also, if the tower were constructed as a single
pole, it may lessen the visual impact of the tower to
future development.
PLANNING BOARD SLU-4-95 ; BZA 3346 .95 PAGE 4
Vacant Property East of Pleasant Grove Road &North of Holmes Road, 150' Comm. Tower, Century Celhmet
2 . Change in the Essential Character of the Area
only a very small portion of the area will be directly
affected; however, construction of the tower may
discourage development of new residential neighborhoods
in vacant land in the vicinity.
3 . Interference with General Enjoyment of Adjacent
Properties
Staff has a moderate level of concern regarding the
visual impact of the proposed tower which may create a
perceived interference with the general enjoyment of
adjacent properties .
4 . Improvement to Property and Surrounding Area
Construction of the tower on this site will be an
improvement that adds' to the City' s tax base .
5./6. Environmental Impacts/Impact on Public Services and
Utilities
Construction of an access roadway and other utility lines
will have no significant impact on the environment or
public services . Street level visual impacts can be
reduced with the improvements including landscaping as
stated above.
7 . Compliance with the Master Plan
The Master Plan designates this area for residential
uses . The proposed public utility use at this location
is not necessarily incompatible with the Master Plan' s
designation.
B . Compliance with Zoning District Regulations
A facility owned and operated by a public utility is
permitted as a Special Land Use in the "A" Residential
District. The "A" Residential District imposes a height
limit of 35 feet on all primary uses; a variance from
this height limit would be required if the Special Land
Use is approved.
PLANNING BOARD SLU-4-95 ; BZA 3346 .95 PAGE 5
Vacant Property East of Pleasant Grove Road &North of Holmes Road, 150' Comm. Tower, Century Celhmet
SUMMARY
Based upon the information from the public hearing and the
evaluation of the criteria for evaluating special land use
applications, the staff believes that the proposal meets the
criteria with the following comments .
The Special Land Use is requested to permit construction of a
cellular telephone tower as a structure owned and operated by
'a public utility. In addition to the request for a Special
Land Use Permit, an application is pending for a Variance to
permit the height of the tower to be 169 feet; the "A"
Residential District permits structures up to 35 feet in
height.
Staff believes that the proposed location of the tower on a
site situated a good distance away from existing single family
homes is appropriate given the typical proximity of diverse
land uses in an urban setting. The proposed location is
visually isolated from any existing residential land uses in
the vicinity and will have minimum visual impact. More of an
impact would be to the future development potential of the
fifteen-acre parcel adjacent to the subject property. The
potential visual impacts to the adjacent property could be
_ minimized by adding landscaping between the property line and
the fence line and by utilizing the alternate solid monopole
structure.
RECOMMENDATION
Staff recommends approval of the request with the following
conditions :
1 . Approval of the height variance by the Board of Zoning
Appeals .
2 . Submission of and approval of a landscaping plan designed
to screen the street level view of the facility from the
potential street access to the subject property and the
fifteen-acre parcel .
3 . The tower be of the type that is solid in appearance,
referred to as a monopole tower.
c:\wp\dat2i\p1anbd\e1u495fe.je a:\planbd\ 20
Sketch for: Mr. Guy Link Jonker Land Surveys
Century Cellunet P.O.Box 065.2MI-641h St.S.W..Byron Center,MI49315
2650 Horizon, SE Ph(616)878.1607 FaxC76-9465
Grand Rapids, MI 48546
File No. 941420-2 Date: 5-05-95
RE: Proposed tower site No. 115
West Lansing, MI
Description of ]eased parcel: That part of the SWld of Section
29, T4N, R2W, Lansing Township, Ingham County, MIchigan, described
as: Commencing at the Southwest corner of said section; thence
N00'00'E 651.0 feet along the West line of said section;
thence S89'51' 32"E 310.0 feet parallel with the South line of
said SW14 to the place of• beginning: thence S89'51' 32"E 90.0
feet; thence S00'00"W 100.0 feet; thence NB9'51' 32"W 90.0 feet;
thence N00'00'E 100.0 feet to the place of beginning.
Easement description for ingress egrss and utilities: The North 30 feet of tile South G Scele:t' = 60'
8/ feet Of the West 400 feet of ;Iron
Sc
the SWh of Section 29, T4N, R2W, Lansing Township, Ingham Pake- Platted Dimension
County, Michigan. D = Description Dimension
M Measured Dimension
x—x—x Fence Line
C/L Centerline
CA PROP. 30' EASEMENT FOR INGRESS, EGRESS, AND UTILITIES
S 89051'32* E 400.0' S 89'51'32" E
� �_------ 90.0'
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1 5 89 51'32' E 310.0'
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AND HEAVY BRUSH '0-0 0 0
AROUND ENTIRE SITE °oo 00 +s' oo °oo
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PROPOSED 150' HIGH O
o FREE-STANDING TOWER
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it LAT: 42'41'58' N 90.0'
0 v a LONG: 84134'50' W N 89'51'32' W
1O �� EXIST. GROUND
0
1D I ELEVATION: 875.12'
I N PARCEL AREA: 0.2 ACRES PROPOSED ll'x20' SUPPORT BUILDING
ON A II'x26' CONC. SLAB AND A
1..i 6'x15' CONC. STOOP.
w�ll`1 Z BUILDING IS 10' HICH AND CONTAINS
J 220 50. FT. - PRECONSTRUCTED
r AND MOVED TO PROJECT SITE.
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SOUTHWEST CORNER, '
I
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t SOUTH LINE, SW 1/4, k
S 89151'32' E CA HOLMES ROAD
CERTIFICATION:To:
We hereby certify that we have examined the premises herein described,that the buildings are located entirely thereon as shown and that they
do not encroach except as shown hereon.This report,prepared for mortgage purposes only,does not represent a property line survey:that no
property corners were set;and is not to be used for the establishment of any fence,building,or other improvement lines The location of
fences,walls.or other indications of occupancy along or near boundary lines are not shown.
This report was made from the legal description shown above.The description should be compared with the Abstract of Title or Title Policy for
accuracy.easements and exceptions.
NORTH
SLU-4-95 Vacant Property East of Pleasant Gro e
G N. of Holmes Rd., 150' Comm. Tower, century Collunat; BZA 3325.
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Z-7-95
SW Cor. Jolly & Washington
11D-1 Professional Office to 11G-2" Commercial District
GENERAL INFORMATION
APPLICANT: Dennis Stiffler
5640 Shoeman Road
Haslett, MI 48840
STATUS OF APPLICANT: Option to buy
REQUESTED ACTION: Rezoning
EXISTING LAND USE: Vacant
EXISTING ZONING: "D-1" Professional Office
PROPOSED ZONING: 11G-2" Wholesale
PROPERTY SIZE & SHAPE : 66 ' X 297 ' = 19,602 sq. ft.
SURROUNDING LAND USE: N: Single Family Residential
S: Single Family Residential
E: Automotive Shop/Douglas J
Academy of Cosmetology
W: Vacant/Single Family Residential
SURROUNDING ZONING: N: "A" Residential
S : "A" Residential
E: "E-2" Local Shopping/"D-l"
Professional Office
W: "D-1" Professional Office/"A"
Residential
MASTER PLAN DESIGNATION: The Southwest Area Comprehensive
Area Plan designates this area for
residential use.
SPECIFIC INFORMATION
DEVELOPER' S PROPOSAL: The petitioner is proposing to
rezone vacant land at the southwest
corner of Jolly and Washington to
construct an office/warehouse
building for an interior contracting
business . The building would
consist of approximately 800 sq. ft.
of office space, and 5, 000 sq. ft.
of warehouse space.
PLANNING BOARD Z-7-95 , SW Cor. Jolly & Washington PAGE 2
"D-1" Professional Office to "G-2" Wholesale District
AGENCY RESPONSES:
AMERITECH: None
BWL: Electric Utility
No objections or concerns
Contact Person: Linda Rasor
Water Utility
No conflict
Contact Person: Terry Robison
BUILDING SAFETY: The project is subject to compliance
with the site review requirements of
the City of Lansing code of
ordinances . In like manner, the
construction of the project is
subject to building permit
acquisition. Contact Christine
Segerlind, Plan Analyst for further
information.
DEVELOPMENT: The proposal advocates a change
in the intensity of the use of land
in this area, but the proposal is
not relevant to, and has no impact
on, the functions of the Development
Office.
CONSUMERS POWER: No objections
CONTINENTAL CABLE: This proposed rezoning will not
directly effect our facilities at
this time.
FIRE MARSHAL: Approved
ANALYSIS
COMPATIBILITY WITH SURROUNDING LAND USE
There are residential uses to the north, west and south.
Specifically, low-density single family residential land uses
surround this site. There is an automotive service station
and hair salon school to the east. With the construction of
this office and warehouse building, activities and noises
will be directly abutting the low-density residential uses and
PLANNING BOARD Z-7-95, SW Cor. Jolly & Washington PAGE 3
"D-1" Professional Office to "G-2" Wholesale District
will impact these houses . Also, the proposed rezoning would
be more intense than the existing zoning districts . The
proposed use is inconsistent with surrounding residential land
uses .
COMPLIANCE WITH MASTER PLAN
The Southwest Area Comprehensive Plan designates this area for
low-density residential, 0-7 dwelling units per acre. The
intent of the "G-2" Wholesale District is to permit the
following uses : wholesale and warehousing of products,
general retail commercial uses and packaging, assembly or
treatment of products within an enclosed structure. The "G-2"
Wholesale District is a more intense use than the existing
surrounding zoning. Therefore, the proposed rezoning is
inconsistent with the Master Plan for the area.
IMPACT ON VEHICULAR AND PEDESTRIAN TRAFFIC
There will be an impact on vehicular and pedestrian traffic
with the proposed use as an office and warehouse building for
an interior contracting business . According to the applicant,
there will be a 20-to-25-ft, one-ton stake rack truck, housed
within the warehouse area which would leave and return for
deliveries on the average twice a day or less .
ENVIRONMENTAL IMPACT
There will be some impact on the environment during
construction of an office/warehouse building. The applicant
is proposing to construct a building with 800 sq. ft. of
office space and 5, 000 sq. ft. of warehouse space. The office
would consist of brick and glass design and the warehouse
would be a premanufactured metal building. There appears to
be no environmental issues in terms of the storage of
materials and equipment. The materials (metal studs, drywall
and ceiling material) are being proposed to be stored inside
the warehouse. The equipment would consist of scaffolding,
hand tools and a one-ton stake rack truck which is also being
proposed for inside storage.
IMPACT ON FUTURE PATTERNS OF DEVELOPMENT
The majority of the properties in this area are zoned and used
residentially. The existing uses consist of the low density
residential uses to the north, west and south and the Douglas
J hair salon school and automotive shop to the east . Also at
the northeast corner of Jolly and Washington, there is a
Quality Dairy, which is zoned "F" Commercial District with
abutting residential uses which are zoned "C" Residential
District. The only other potential development in this area
would be this proposed vacant lot.
PLANNING BOARD Z-7-95, SW Cor. Jolly & Washington PAGE 4
"D-l" Professional Office to "G-2" Wholesale District
OTHER
Since the applicant is interested in Lots 1 and 2 and the
legal description provided only included Lot 1, a separate
public hearing will need to be held to consider Lot 2 .
SUMMARY
Based upon the report, staff finds that the proposed rezoning
is not compatible with surrounding uses , does not comply with
the Master Plan in that the requested rezoning provides and/or
allows a density greater than specified for this property in
the Master Plan. The rezoning and/or proposed development
may have an impact on the existing vehicular and pedestrian
traffic. The proposed rezoning will have some impact on the
environment, particularly during construction period.
However, there should be no environmental issues in terms of
the storage of materials and equipment. There is a potential
for any type of permitted use in the "G-2" Wholesale District
which will impact the patterns of development.
RECOMMENDATION
Staff recommends denial of the request to rezone the property
at the southwest corner of Jolly Road and Washington Ave. from
"D-1" Professional Office to "G-2" Wholesale District.
c:\wp\data\p1anbd\z795fe.dmw a:\ 20
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P-1-91
Oakwood Executive Park Subdivision
Final Plat
GENERAL INFORMATION
APPLICANT: LEDY Design Group
3135 Pine Tree Road, Suite C
Lansing Mi 48911
STATUS OF APPLICANT: Represents the developer,
Wieland-Davco Corporation
416 N. Cedar Street
Lansing Mi 48912
REQUESTED ACTION: Final Plat
EXISTING LAND USE: Vacant Land Use
EXISTING ZONING: "H" Light Industrial
SPECIFIC LOCATION: West side of Pine Tree Road at its
terminus north of I-96
SIZE & SHAPE: 26 . 1 acres, Irregular shape
SURROUNDING LAND USE: N: Township portion of plat
S : I-96
E: Office, Bed & Breakfast, Vacant Land
W: Sycamore Creek & landfill
SURROUNDING ZONING: N: Out of City
S : Unzoned Highway
E: Out of City
W: 11H11 Light Industrial
MASTER PLAN
DESIGNATION: Southeast Comprehensive Plan designates
this area for open space buffer for
recreational purposes and because of the
sensitive nature of the clay cap on the
landfill .
SPECIFIC INFORMATION
DEVELOPER' S PROPOSAL: Create ten (10) lots for industrial park
development . Including the Township
portion of the development, the plat
contains 29 lots on 67 . 4 acres . Two (2)
outlots are also created for storm water
detention. A public street system is
being utilized which extends west off of
Pie Tree Road. Three of the streets
PLANNING BOARD OAKWOOD EXECUTIVE PARK SUB. PAGE 2 P-1-91
provide for extensions onto adjacent
vacant property. Temporary turnarounds
with easements are provided at the
terminus of these three streets .
AGENCY RESPONSES :
Fire Dispatch:
Board of Water and Light:
Assessor' s Office:
U. S . Postal Service:
Transportation Engineer:
Parks and Recreation:
Police 911 :
Public Service Dept. :
Continental Cable:
Ameritech:
ANALYSIS
This is a request by LEDY Design Group, engineers, representing
the property developer, Wieland-Davco, to plat a subdivision for
an industrial park along the west side of Pine Tree Road and on
the north side of I-96 in the southeast portion of the City. The
proposed plat, lying both in Delhi Township and the City of
Lansing, contains 67 . 4 acres with a total of 29 lots . The
portion of the plat within the city has ten (10) lots and
contains 26 . 1 acres . A portion of one outlot and all of another
outlot, both designated for storm water detention, are within the
city limits . Also, a portion of Lot 10 (approximately 1, 500 sq.
ft . ) is within the city limits while the remainder is in the
township . The property in the city is Zoned "H" Light Industrial
District, which will accommodate most industrial uses , as well as
commercial and office uses .
Evaluation
The final plat is to be evaluated by the Planning Office to find
if it is in substantial conformance with the final preliminary
plat .
PLANNING BOARD OAKWOOD EXECUTIVE PARK SUB. PAGE 3 P-1-91
The final plat drawings are in substantial conformance with the
preliminary plat but it continues to contain some complexities
that have not been addressed in the final plat. The Assessor' s
Office questioned the necessity of having parts of Outlot A and
Lot 10 within the city limits while the bulk of these properties
are within the township. These issues could become more awkward
as development occurs and various issues arise with these two
lots . It also appears from the detail on sheet 3 that the east
R/W line of Lot 26 does not line up with the east line of Spanish
Oak Drive resulting in a very narrow sliver of land of Lot 26
being- within the township.
To resolve these potential taxation and permitting issues : the
portion of Lot 10 within the city could become a portion of the
R/W of English Oak Drive; the east edge of Spanish Oak Drive
could also be the west edge of the city limit and Outlot A could
be divided at the city limits and become another outlot. Even
though these may not be plat act requirements, these changes
could eliminate some future problems .
Finally, it should be noted that the roads will be maintained by
and under the jurisdiction of the of the Ingham County Road
Commission and the sewers shall be under the jurisdiction of the
Ingham Couty Drain Commision.
Based upon the Subdivision Control Ordinance, the final plat may
be approved. This is in conformance with §1234 . 05 of the
Subdivision Regulations .
RECOMMENDATION
Based upon the above report, the Planning staff recommends the
approval of the final plat of P- 1-91 , Oakwood Executive Park
Subdivision with the following conditions :
1 . The final plat drawings be altered as follows :
a. That part of Lot 10 that is within the City of Lansing
shall be shown as part of the right of way for English
Oak Drive.
b. The west lot line of lot 26, which is also the east
right of way line of Spanish Oak Drive, shall also be
the west edge of the city limits .
C. Outlot A shall be divided into two outlots along the
line of the city limits .
2 . That final security be posted in the amount specified by the
Public Service Department and the Department of Parks and
Recreation.
3 . That all conditions of the preliminary plat be adhered to.
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LOCATION MAP
HWY. 1-96
�.., --.. -•- PRELIMINARY PLAT .Iltl-I.
i — Arvrnwwww"awr DAVCO CORP.WIELANDCIUAN SlNEC1 EXfEO CUTIVE PARK OAKWOOD
116 N. 1
IANSING,MICIIICA14 .8912 lUCA1C0IN 111E 5.E I/. OF SCCTION 2. 1. N. � N 'L W.
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