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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 c:\wp\data\p1anbd\mn040495 r. .. � __ � 7_ . 1 '.. � �i _ 1 + _ .. �� - _ _ .J. a _ ` . .. _ .� .a.• �_ . .'� 7 - YJ G 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 gey 4A, F s�den �.'� �55"°m a , OFrrice • G VACAN F �Y CpMfrCbG �.c / u IF D mG�1 a , 5637 HUGNES R12 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. c:\wp\data\p1anted\z695fe.djw FOR ZONING kVED 10 MAY 95 FILE PATH: I6'-O' 24'-0" MASTER\ PlAGICI.005 IOXIO O.H.DOOR 0 Lf W z Q U1 Qi W MIKE zz 2Z O coz o� c °z Q o ° �Z cQ SA1E5 m ,� �O �UJ BOB = l I UL FROFOSED FERSFEG TI YE A R cTERP A a VIEW FROM THE NORTHEAST CORNER 2118 BEACON HILL DRIVE LANSING,MI 48906 / (517) 686-3977 IOXIO O.H.DOOR FAX: 886-1525525 pholz�'aol.com PROJECT NO. NORTH Cf5I5 PRELIMINARY FLOOR PLAN CASE #: Z-6-95 O' S' IO' 25' n I LA 0 A V A N A U G H R O A D FOR ZONING NORTH PROPOSED SITE PLAN WED 10 MAY 45 ® - FILE PATH:\fIA5TER\ 11AG/CI.005 V S'�lOpWyIC � Q 10' 25' 50' � r C Q � Q i w 2 � tit 0 z4Z PROP05EP } Q p Q 11536 5.F. J z 51N&LP-5TORY 0. �C < � BUILDING - 022 Z • Q . o a I � u1 a MA5TERPLAN5 ARCHITECTS Z 2118 BEACON HILL DRIVE LANSING, MI 48906 2 (517) 886-3977 FAX: 886-1525 lLJ pholz�aol.com PROJECT NO. C CASE #; Z-6-45 i S-� LAW OFFICES 2 �ruce Ciarrulzaers, J C .Trace CiarrulSiers" 4215 S.PENNSYLVANIA AVENUE LANSING,MICHIGAN 48910 (`also Licensed in Florida and District of Columbia) (517)882-2020 Telecopier (517)882-1119 RE C E ! V E D 0 / � 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 c: \dl\pc\land.opp NORTH Z-6-95, 4300 S . Pennsylvania Ave. "E-2" Local Shopping District to "F" Commercial District V � 32 � 25 25 �j�_ W4LL ♦ /7 /�/ 865.2 j 25 ♦ 23 WALL N PARKING �l y /6 p 17 ♦ 2s 866.6 X 25 1 861.9 PARKING 1 ' CAVANAUGH 866.8 RD 857.4 17 65.4 1 l6 `�ifOeC�� ❑ 865.6 1 1 � l5 1 4GL� iP " 1 1' /5 /9 m /6 1 PARKING a /� 1 1 25 1 I 2l 1 1 %G 859.4 660 1 863.1 ❑ 20 860 ZJ /7 22 1 � PARKING 1 1 1 2/ /9 20 852.5 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 a u B . 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. c:\wp\data\planbd\z995fe.djw J OAKLANO ^ Flo IF --�ZL7a = - SHIAWASSE= ^I!I rLi E III { _ c I I N \� E\\\2\ \ .... \ F--a NVU. ER REA • I ��� III II' � �III,.� II ICI I _ f-s III.:. iil IIIII II 'iilll (IIIII I Ti I!:i m1k 1"MMMEN PROPOSED LAID USE��jj ley*- ��ig, Zf, /�/1�G1�o�1� MAP �14 /Tint;) '"� OPEN SPACE G( /7. OFFICE RES. 0-14du/ac MR C 3 D 15-30du/ac COMMUNITY FAC. ` 7 30+du/ac COMMERCIAL --�a CFFICE/RES MIX INCUSTRIAL OFFICE PARKI°IG J,•W*��..•� .•_m� F BLp1I Gb. I•�Ih Tp�I Yw r•t BUI.IL_DING HOUSE US^E _DING IiDrCIOlI HNxNPECCArR �A L�I N^, U nF OGEH I 0 h°4ti EI9It A O c ° AFC : JN i • -^- - 1 '� bb 0^u I W e< '1,H t '• 0�' �h 0h `` I 1 a 9. • J — — -- z in �'CA fly .i J i C BIIY ; �bB : '° ry•:. y •. b• i b v + t Y Y L � bh I• i ��^ � ' QY W N N - c Try M/CHVG N LOTTERY BU/LDlNG e° s h�� i''+` t.'• z F.FL.=85%O W> a ' I L� L .. I \� J m C B R1� _ LOADING DOCK 1941 a a IiUMINUUS a eb PAVEML NT 0� • I ♦ L' VM P,AT,: _ LY YL1I h° TATION ^\ CONCNETE-fir. _-- a•' J �j'f ,2: I a�wi 30 N'J!'TR,G� 19 ,O 181 UNREAD h ct I i CMmrNT b. U�NEA D I h4 9 O 'rw s 0/ 0 A fu n° I CO NEaaf 0 a \ s.B.PT R-19B 00' M il9 OE IL i •,\QR TNbp�/ 6 b� e} u v _- o5 I ., e��__- U P E < �b _ b. _ •_.t,......r..__ .y. � s•r rt i3•in iF' � y • ..II ..r..,1b b' -a1 wh i t. Ill i.. A w b __�. _. _L _ .SP • -1 - _ II w^ _' J I ------ - ^ W I - I rr n rLA NT LJ i x o' ,,Y~ ' QT f` ANIGD, b INAMI;�' , CO,M_WN NAM FC Z4 PY ALLERYAM WADFOPP'! WADFORP LERY FE ZMCAL -L R VO 3G VIB NUL!OPULL,S 'COMPALTUMI COMPKT CU EAN CnNBCRR' 21-50" B fP (.A VI NUM PLLAT MA LE YIBU NUM 3' 3.O C .5 LV IY} LIG QUM X'ViC QYI (f15.5' R C619LDEN MARY PRIVET 30 'OC. 'B J : M 4Zo VILI(A MINOR SPICK a BI LIMIN �Ll1F' CE 2�•POT 0-oL. oT TD Z . G�NxP�T `�' �I f tK GRe-N Dftc?JCT 4 BSI '4 O.L. P�Ib NORTH Z-9-95 , 101 E. Hillsdale "F-1" Co®ercial District to "C-1" Business District I 1 I I 1 38 96 , 23 // F P RKING I 5/ ALL BUS /5 ST 85/.8 Z 84/.2 WA L L. 852.7 z PARKING 2/ N CO // LLJ 26 Q ] 8-6 Q PARKING WALLS 37 / PARKING 853 ARKING PARK NG 48-� I / / 853.7 852.5 851.1 HILLSDALE 36 32 i` 27 30 35 35 3 I 8598 -- 46 I � WALL // 38 32 z 34 I < WALL I I 0 /3 B6 I � 849 30 627 t i 35 /4 I I 3 1 � 39 34 35 I 34 O I 852.29 - -- 849 C. 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. c:\wp\data\p1anbd\z1095fe.dmw a:\ 20 r • �,' ;,�, Y4:i� -•�5.� � IMI M v, 'S • t suw y ,` QF �rJc k aA k,l i Mir 7 o r i • v �. oaf 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 -3- NOATH Z-10-95 , 921 Linden Grove Avenue "DM-3" Residential District to "D-1" Professional Office District Hlv-cc _� 0 860 4 0 ���x /5 WALL -x1 1 24 ❑ /7 �. �� �- ❑ s� C— 864.5 x 3/ C 26 iN 27 e5 plc"11 El 26 27 I r 871.0 870.2 ORCHAF 3 G S 11 I III ZB i 860 6 x o PARKING 37 J 25 30 I p W °117 q 87Z2 I �i / LINDEN GROVE y j 86�4 x 1 0 it4 1\ I I I 26 25 27 7 I ,II 26 J 8707 I I w I. 2c ❑ 29 V 26 � I \ ❑ II' ST 862.7 1 26 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' o------------------ 1 5 89 51'32' E 310.0' t 1 6-8" 50' TREES UJ 3 AND HEAVY BRUSH '0-0 0 0 AROUND ENTIRE SITE °oo 00 +s' oo °oo 0 o 0 Z En PROPOSED 150' HIGH O o FREE-STANDING TOWER I � 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. I V) AL�O..A'-PROPANE TANK o I A Z I SOUTHWEST CORNER, ' I I SEC. 29. T4N, R2W 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. 6e.J PEGGY e69.5 9.9 58.000 e10.6 _ e�0 e6e. e6e.J elo.J e 069.3 LJ N 69 e70 �I l s 6511 1 � - \- \ �\ e J S,m'L.,I�JJI \ e69.• �) e6A0 37.500 1 ` e69.9 `� \\�9.e W A w o wow ( ee v-y - e6 J 37.0010 r\J x � i i � es a , 666.5 I� Ij e J.< I ,r PL EA5ANT er7.5 _ SCHOOL e 36.500 1 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 NORTH Z-7-95, SW Cor. Jolly & Washington "D- "I Professional Office District to "G-2" Wholesale District /3 I �61 852.6 /5 > I 5 Q 0 8�^ ,4 ' 27 14 1 \\ / /4 LI i z —� 0 870.9 - II 5I6y o-h a .l a /3 � /9 ] /4 21 87G,a I ILO 873.7 b i Z-O L L y — I872.t' y 7 875.4 F2-51 i i cS n KI /6 F1b > <' 8 7 T} C 70 77 ❑�7 23 r � ' 977.1 /4 e5[ de� 25 ?4 \ '. 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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S ,5, la \ illl 0 l s . uuanq: no 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. ,,, �•, „ 1'•100' Ufl.11l IUWNS111Y,INGIIAY l.'OUfJIY,MICHICAN