Loading...
HomeMy WebLinkAbout1996 Planning Board Oct-Dec Minutes FINAL DRAFT TO CLERK 101196 • APPROVED 101596 TO CLERK 102296 Minutes of the Regular Meeting ' LANSING PLANNING BOARD _ }n 7 p.m. , City Council Chambers Tenth Floor, Lansing City Hall, • L,:'• r r r 124 West Michigan Avenue �_;�•;��a°•:v t,l[Y CLERK TUESDAY, OCTOBER 1, 1996 I . OPENING SESSION Chairman Garry Goolsby called the meeting to order at 7 p.m. A. Roll Call . Present: Frederick, Goolsby, Greiner, LeBlanc, Nischan, Ruge; six members present; one absence and one vacancy. Ex off icio Councilmembers Lilly, Allen; not in attendance. B. Excused Absences . Mr. Robinson, who was delayed in Grand Rapids, could not return in time for the meeting. C. Introductions . Eleanor 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. Approved as revised. The CDBG hearing will be at 7 : 30 instead of at 7 : 00 as originally scheduled. II . HEARINGS - AT 7 p.m. A. SLU-7-96 , 3700 S . Waverly, Waverly-Holmes Shopping Center Suite 5, Use for Church Office & Meetings . Mr. Ruff presented the case, a request by the owners of Waverly-Holmes Shopping Center at 3700 S . Waverly Rd. to continue leasing a space in the shopping center for a church. The property is zoned "F" Commercial District. An office use would be allowed in most zoning districts . A church requires a special land use. You have received a letter from the Spirit Life Church, which occupies the suite, explaining hours of services and numbers of persons in attendance. Mr. Ruge asked if bars or restaurants are located in the area. Mr. Ruff said no. Mr. Nischan asked about the language "proposes to continue to lease. ' How long have they been there, and what prompted this issue? Mr. Ruff said it is a code compliance matter; in a leasehold situation, we do not do a review for construction. The applicant can answer the other part of your question. PLANNING BOARD MINUTES OCTOBER 1, 1996 - P. 2 VALERIE STEWART, WITH VLAHAKIS REALTY GROUP, PROPERTY MANAGER FOR THE WAVERLY-HOLMES SHOPPING CENTER. The Spirit Life Church has been there for about a year. A two-year lease in place expires September 1997 . In the time they have been there, neither neighbors nor tenants have complained about the occupancy. You have a letter giving hours of services on Tuesday, Thursday and Friday evenings and Sundays, for 30 to 55 people. I did not know we had to have a special use permit for a church in this center. In reading your Commercial District "F-1" code, here at 1268 . 04, it does say that churches can be permitted. It came to the attention of the City when an inspector visited the suite regarding a building permit for the build-outs . Chairman Goolsby said he suggested to Ms . Love that perhaps we should produce a brochure to send to developers so they would be aware of these situations . They could inform the potential leasehold of the process . Chairman Goolsby called for anyone else wishing to comment; and seeing no one, concluded the public hearing on SLU-7-96 with referral of the matter to the Zoning and Ordinance Committee meeting October 9 , 1996 at 4 p.m. in the Planning Board Conference Room, Second Floor, Washington Square , Annex, 119 N. Washington Square. B. Z-14-96 , 325 N. GhesC}nu . SC}-. ,"D 1 e'sidenti'al 0Ff-i:Ge to "D-1" PrefessienlffiGeDistriGz. CANCELED. THIS REQUEST HAS BEEN WITHDRAWN. C. Act-11-96, Lansing and Roosevelt Avenues Near the Grand River, Acquisition of Five Parcels for Pump Station Improvements ; SLU-8-96 , Pumping Station, Public Facility/Utility in "B" Residential District and Floodplain Mr. Rieske presented the case. The applicant, the Public Service Department, wishes to acquire five parcels at the north end of Roseneath, Lansing and Roosevelt Avenues . The existing Lansing Avenue Pump Station, would be phased out and a new one constructed, straddling the Lansing Avenue right-of-way on the north. The Act 285 Review would cover that portion of the Conrail right-of-way running through there. These properties are located near the river, possibly in the floodplain. Elevations would need to be submitted to demonstrate that the construction would not be inundated by the floodway. The surrounding zoning is "B" Residential, and to the south is single- family residential . The River Island and Willow-Pine Plan designate the area for residential land use. PLANNING BOARD MINUTES OCTOBER 1 1996 - P. 3 Ms . LeBlanc asked if comment has been requested from the Parks Department and River and Waterfront Board because of proximity to the river? Mr. Rieske said the River and Waterfront Board will be considering the matter October 18 . Parks Department comment has been requested but not as yet received. Mr. Ruge asked is the pump station off the site of the existing pump station? Mr. Rieske said they want to keep the existing pump station going while they construct the new one; then they would switch to the new one. They would construct an equalization basin at the site of the existing pump station. This would enable them to switch from one facility to another without being off-line for an extended period. Mr. Ruge asked how many houses would be demolished? Mr. Rieske said two houses and a garage. JIM SPANGLER, WASTEWATER DIVISION SUPERINTENDENT, PUBLIC SERVICE DEPARTMENT. The facility is located at Lansing Avenue at the Grand River. The current pump station, a major facility serving 85 percent of Lansing' s sewer system, was built in 1936 , when sewage went directly into the river. The station was constructed here to deliver the sewage flow to the wastewater plant which was built on Sunset. Since that time, we have made modifications to the pump station, primarily replacing pumps; but as the city has grown, the service area has grown. We have a capacity problem with delivery to the wastewater plant. There is no room left in the current structure to deal with it as to hydraulics or equipment to transport flow to the plant. We need to build another facility to deal with delivery flow; and in conjunction with the Combined Sewer Overflow program, tentatively we have planned an equalization basin that will help balance the flows during big storms when we have more flow than we can handle. Regarding your question concerning why we built the second one at a separate location from the first, because this one does serve 85 percent of the city, we can't shut it off . We can' t let the flow go to the river, or put in temporary pumps to bypass the facility while we are doing that. Each pump in this station is large, with a pumping capacity of 15, 500 gallons per minute. There is no way to get around keeping the existing facility in operation while we build the new facility. Looking at the staging and the site, we could get the new facility on the right-of-way of Lansing Avenue. Then the force main coming out of the pump station would deliver the flow to the current pipes that go to the wastewater plant. With this configuration to PLANNING BOARD MINUTES OCTOBER 1 1996 - P . 4 stay away from the future retention basin, we need to come across, which impacts this house at this location. The second house would be at the corner of the pump station when we build that. We do need to build this first, and then we will shut this one down when we start the new one. Then we will remove this one . As we continue our analysis going through the CSO program, we will make a final decision as to whether or not this basin will need to be built. One of the current problems at the station is odor. Because it is at the end of the line, we get a fair amount of sulfides built up in the sewers, especially in July and August. We have been incorporating odor control for the last 10 or 12 years in all the new stations we have been building. We have to ventilate the area of the pump station for people to work; to do that we pump it outside into the neighborhood. We 'have no odor control on the current facility, and an odor control system would be installed with the new station. We would be a better neighbor for the neighborhood. Regarding the need for the parcels, we need the additional space. We had acquired some land from the Department of Natural Resources when we were in the planning stages of the CSO program. That reduced the impact of what we need now. We provided two proposals . One has a T-turnaround at Lansing Avenue; the other one has a through street that would come over to Roseneath, forming a complete loop of traffic. From the Public Service standpoint, it is nice to have the through street for our packers and snow plows . Currently Lansing Avenue, although technically it is not a through street, a lot of people use it as a through street. Essentially, it should be a no-through-street at this time. We will be deciding on whether it will be a T-turnaround or a through street. The street would run on the same land as the force main. We will either have the force main under the street, and the force main will have to go through that area and still require us to pick up the parcel so that we can get the flow out through the discharge pipes on this side of the station. Mr. Ruge asked, on the Alternative 1 map, there is a Building 1567 . Mr. Ruff said it has been razed. Mr. Ruge asked, with the CSO project, will not the volume of water to be pumped be decreasing? Mr. Spangler said we are only in the fifth year of the plan, and we don' t know, as we do the process, if we will see more or less flow. We have a strong program of controlling infiltration inflow and illicit connections to the sanitary and storm sewer. Which means, as we design PLANNING BOARD MINUTES OCTOBER 1 , 1996 - P. 5 this one, we should be able to handle the flow and transport it to the plant; however, as we close these systems and we continue to see peak flows, we have to have a storage place, because the treatment plant can ' t handle any more than we are going to build the station for. It will be a big concrete underground tank. To get the volume we are projecting, the top would be exposed. We need to get a few years down the road and evaluate the impact of the separation project on whether we are seeing increased or decreased flows during wet weather. Mr. Ruge asked if it would be possible to have a park over the tank or must it be barb-wire-fenced. Mr. Spangler said several options are possible, whether tennis courts or fenced-off protrusions for access into the basin for ventilation and odor-handling systems . It is possible to have a basketball or tennis court. Chairman Goolsby, after calling for anyone wishing to comment, concluded the public hearing on Act-11-96 and SLU-8-96 with referral of the SLU for the public utility and for construction in the floodplain matter to the Zoning and Ordinance Committee meeting October 9 , 1996 at 4 p.m. ; and the Act 285 review Act-11-96 to the Urban Development Committee meeting October 22 , 1996, in the Planning Board Conference Room, Second Floor, Washington Square Annex, 119 N. Washington Square. Mr. Ruff said referral may be made to the Committee of the Whole for final disposition prior to the Board' s action. Mr. Ruge asked if street vacation would be necessary. Mr. Ruff said vacation would not be necessary because public ownership would not change; it will not be privately owned. The character would change, though, because of the purchase of the other properties, and traffic changes, thus necessitating the Act 285 review. Ms . Love said several different actions are occurring. First, acquisitions of private property require the Act 285 review; the other thing requiring Act 285 review is the change in use from transportation use to a sanitary sewer use, although they are both elements of the same city department. Because it does necessitate changes in interrelationships and transportation elements, we are conducting the Act 285 review on that portion of the request. HEARINGS - AT 7 :30 p.m. D. CDBG Consolidated Plan Needs Hearing and Capital Improvements Program (CIP) PLANNING BOARD MINUTES OCTOBER 1, 1996 - P. 6 Chairman Goolsby, announcing the hearing, said this is the time for a public hearing which will provide an opportunity for citizens to express preferences for the use of federal funds to address housing and priority nonhousing community development needs in the City in preparation of the City' s Consolidated Strategy and Plan for Fiscal Year 1997-1998 . The City expects to receive a total of approximately $3 . 7 million in funds from the Community Development Block Grant, HOME and Emergency Shelter Grant programs during the next fiscal year commencing on July 1, 1997 and ending on June 30, 1998 . It is also appropriate at this time for citizens to comment on their needs and priorities in regard to projects that should be funded in the City' s Capital Improvements Program for fiscal years 1998 to 2003 . Any person wishing to address the Planning Board on these matters should come to the microphone and provide us your comments . Written proposals and requests will also be accepted for consideration. All verbal proposals made at this time must also be submitted in writing to the Planning Department prior to November 1, 1996 . SUE EBY, FRANKLIN STREET COOP. Franklin Street Coop operates in North Lansing. I have been there about a year. First I would like to congratulate everybody on the fact that you are spending money wisely in North Lansing and also to thank the staff for the extreme cooperation that has happened this year. I know that City Hall generally gets a lot of complaints about staff, but I have absolutely no complaints for this year. People are really hard-working and intelligent and knowledgeable and there to help. I would like to support the request that LISC is putting in for their staff person. Over the year, I have gained an increasing respect for LISC. They are a great resource for us as nonprofits, particularly in the area of how we can combine with businesses and do some joint projects . I brought a picture of the house at 208 W. Grand River, before and after. I am sure most of you have driven by this . I want you to look at what the house looked like before. This is the house that was moved from the Immanuel Lutheran parking lot and is now completely renovated. There is one more project that is in the works that I would like to give a before-and-after on. That one is not completed, but we are trying to get the money for it. The project at 208 W. Grand River was really impressive. I know a lot of people thought it took a long time, but the amount of visibility that the City and nonprofits got out of the project is tremendous . Recently it was advertised--a house was up for auction PLANNING BOARD MINUTES OCTOBER 1 1996 - P . 7 across the street, and the flyer on it said that we are in a neighborhood where everything is renovated, and it is right across the street from there. I thought that was a bit of overadvertising, but it is nice to know that somebody thought they could get away with saying that, and it is right across the street from two houses that we have done with City money. You can't drive within the 16-block area without seeing private people renovating houses . It ' s really pretty exciting. The project program and the projects the way they are worked really well . I would encourage you to continue your flexibility on the way the money is handled. It is really exciting. The before-and-after project that is going around is 420 West Grand River. Because of the increased activity level by private people in the area, what is left is projects that are pretty hard to do, because if somebody else could have done them, they would have done them, and we are left with projects like this , which is a six-unit house that is really the main problem for a six- to twelve-block area up there. My encouragement at this point is that you make the programs flexible enough so that projects like this can be done by a nonprofit, recognizing that it is going to improve the area, and may not fit the normal guidelines . Other than that, I am really excited about it. There has been some negativity about whether people will actually buy the houses when nonprofits get done. I am here to tell you that I got eight to ten buyers lined up. There is more buyers than houses, and it is really exciting what is happening in Lansing. Mr. Ruge asked, about the house at 208 Grand River, are you selling that house? Ms . Eby said that is a rental . It was renovated. We have to choose from the beginning whether it is going to be a rental or a home-owner. That is two 2-bedrooms, really magnificent two bedrooms , but we planned to keep it as a rental . The one at 1129 North Capital was renovated as a single-family, and we have a lease-to-own buyer in there. Mr. Ruge asked when you sold that house, are you able to make a profit, or is the nature of these that they require so much renovation and so much investment that you can' t really sell them for what you put into them. Ms . Eby said the City puts in $12 , 000 for energy efficiency stuff that is written off at the time of the sale. That allows us to make some money on each project and eventually, we will become more self-sustaining because of that. If you work in the right area and you are careful about how much money you do spend, we can get $7 ,000 to $15, 000 back on each project to then purchase the next house. So we don't necessarily have to fund-raise for each house, or lose PLANNING BOARD MINUTES OCTOBER 1, 1996 - P . S money on each house, no . And then we are getting some projects through HUD that are even cheaper, and so those projects are going really well . MARY-MARGARET MURPHY-WOLL, TREASURER, LANSING NEIGHBORHOOD COUNCIL. I come to ask you to consider our budget for the next year. It roughly is going about the same as this year. I think we prove our worth, sometimes more visually than others . The Paint Blitz seems to create an enthusiasm in every neighborhood that it goes into, and an interest, and has a definite domino effect. We have probably the only unspoken hero award in the Bea Christy Award in the City. And in general our dissemination of information among the neighborhood groups and our formation of new neighborhood groups, I think, rather empowers the people. In general, I think we do a pretty good job. And, as I said, the funding that we are asking for is going to run about the same as last year, though we will not have the advantage this year of Americorps funding because they are gone the way of whatever they have gone the way of, and the program no longer exists . I am here to answer any questions you might have on what we do or on why we do it . Mr. Ruge said rumor has it that you are getting a little bit of pressure to find a new space to hang your hat. Ms . Murphy-Woll said that is a kind way of putting the fact that I 've been made one of the homeless . I just handed Emil my eviction notice. Mr. Ruge asked have you built in some rent into your budget, because I know you haven't had to pay rent before. Ms . Murphy-Woll said I hope to carry on at the same rate of rent. This just happened. There had been a copy of the budget which had gone to Emil before this was dropped on me last Tuesday. So we have not done anything about that. It would require the reconfiguration of the budget. Our basis was as a service organization that we should be able to find somebody who will minimally take us in, or a large tent. We have just started looking and putting out feelers to people to help us in this time of need. It would be hard to figure anything in at this time; maybe within the next week I will revise the whole thing. I had to let it stand. Timing has never been one of the things I do well . Murphy' s Law--you 've heard of that one? I believe it will work out; I certainly will keep you apprised, but at the moment, we are homeless . Mr. Ruff asked how much space do you need? Ms . Murphy- Woll said we had very little room down there, and we managed. We really would like a window. We would prefer not the basement again, but like all homeless people, I PLANNING BOARD MINUTES OCTOBER 1, 1996 - P. 9 can't be too picky. (Later, it was stated that 350-500 sq. ft. would be appropriate space needs . ) Chairman Goolsby, after calling for anyone wishing to comment, concluded the public hearing. Chairman Goolsby said the Board has received a request from LISC that Ms . Eby referred to in her testimony. The request will become part of the record. This matter will be referred to the Urban Development Committee, which will meet on Tuesday, October 22 , 1996 at 4 p.m. in the Planning Office Conference Room, Second Floor, Washington Square Annex, 119 N. Washington Square. III . COMMENTS FROM THE AUDIENCE (5 minutes each) - None. Mr. Ruff introduced Mike Sobicynski of Michigan State University' s Urban Planning Master' s Degree program, working in our office this term and next. Mike helped us with the Renaissance Zone application. It is a pleasure to have various people come through the office. You see their talents, and Mike is very talented, and we are very grateful to have him. IV. RECESS - None. V. BUSINESS SESSION A. Minutes for Approval : September 17 , 1996 . Mr. Nischan made a motion, seconded by Ms . LeBlanc, to approve the minutes of September 17, 1996, with one amendment Pg 4 Ln 1 .5" Pos 2" Mr. Freder! ^v REICKEL said there is a staggered fee structure . . . . On a voice vote, there were Ayes : 6 ; Nays : 0; carried unanimously. With that correction, the minutes of September 17 , 1996 were APPROVED. B. Committee Reports 1 . Zoning and Ordinance Committee, Ms . LeBlanc, Chair. The Zoning and Ordinance Committee has not met since our last regular board meeting; we will meet again on Wednesday, October 9, 1996 at 4 p.m. in the Planning Office Conference Room at which time we will consider SLU-7-96, 3700 S . Waverly, Waverly-Holmes Shopping Center Suite 5, Use for Church Office and Meetings and SLU-8-96, Pumping Station, Public Facility/Utility in "B" Residential District. 2 . Urban Development Committee. Mr. Frederick, Chair. PLANNING BOARD MINUTES OCTOBER 1 , 1996 - P. 10 The Urban Development Committee has met twice, once on September 17 at which time we elected officers . I was elected Chair; Mr. Robinson was elected Vice Chair. We also met September 24 to consider: a. Act-20-96 , Washington Park, Ice Dome Enclosed Skating Rink North of Existing Ice Rink and Warming Shelter, Washington Park The Greater Lansing Amateur Hockey Association has proposed a domed ice rink, covered with an inflatable fabric dome that would allow the rink to be used for a greater portion of the year so the ice would not melt, and users would be protected from inclement weather. It is proposed to be built at Washington Park. A limited number of trees, approximately 69 , would have to be eliminated for the structure . GLAHA would be the primary user of the facility, and would cover much of the construction costs and financing that they are working to finalize. GLAHA would retain ownership of the structure until the debt financing could be retired, then the ownership of the structure would be transferred to the City. During that the time, the City would maintain the facility. GLAHA would be the anchor tenant, paying a fee for its use, but the facility would be open to the public when not used by GLAHA. They tentatively propose hours for public use Monday through Thursday before 3 and after 10, all evening on Friday and noon-midnight on Saturday and Sunday. This ice dome would increase public access and use of the existing rink by increasing the supply of skating facilities in the park. This type of facility is in high demand; there are very few places that amateur hockey players can find ice to practice. That is the primary purpose of GLAHA for proposing construction of this so that they would have ice that they would be able to practice on. The Lansing Building Safety Office has the plan for review. Nearly all of their concerns have been met. Plans are currently being fine-tuned to address the remaining concerns , and the funding is being closed. The committee found, based on a review of the location, character and extent of the proposal, that the proposed ice dome is in the PLANNING BOARD MINUTES OCTOBER 1, 1996 - P. 11 public interest due to the following factors : • The proposed ice dome would be located within a public park with potential year-round public use; • The facility requires a public/private financing package to cover the capital cost of the facility rather than imposing the entire cost on the taxpayers; • The facility would initially be owned by the Greater Lansing Amateur Hockey Association, a nonprofit organization, but ownership would revert to the City of Lansing after debt financing is retired; • The proposed facility would increase the ice time for Lansing skaters , for Lansing amateur hockey players, and would provide additional recreational opportunities "for Lansing residents; • The facility is well-served by public utilities and services; 0 The proposed location in south-central Washington Park provides adequate screening and buffering to minimize any adverse impacts on the surrounding neighborhood including nois; and at a public hearing held at a previous meeting, no one presented any objection. The committee moved that the ice dome project be approved with recommendations to the developers that more prime ice time within the dome be devoted to public use; that maximum efforts be undertaken to minimize the removal of trees on the proposed site. Mr. Frederick made a motion, seconded by Ms . LeBlanc, that Act-20-96 , Washington Park, Ice Dome Enclosed Skating Rink North of Existing Ice Rink and Warming Shelter, Washington Park, be approved with recommendations to the developers that more prime ice time within the dome be devoted to public use; that maximum efforts be undertaken to minimize the removal of trees on the proposed site. PLANNING BOARD ACTION on the motion was as follows . Ms . LeBlanc said she wanted referenced in the report that it is the Board' s understanding that GLAHA would use this facility from 9 a.m. to 12 noon on weekends . Mr. Nischan said, on the financing, would the facility revert to the City once the debt is retired, and what is the City' s and the taxpayers ' and GLAHAIs participation. Mr. Frederick said yes, the PLANNING BOARD MINUTES OCTOBER 1 , 1996 - P. 12 facility would revert to the City once the debt is retired, and GLAHA is putting in $450, 000; the City was already planning to invest about $250 , 000 into the existing warming shelter, plus the City will put in an additional $300, 000 for other improvements in the park related to the new ice facility. Mr. Nischan asked about parking improvements . Mr. Rieske said Parks plans to spend about $30, 000 on some minor parking improvements . Mr. Ruff said they have a large parking area to the west of this area, that is now gravel, that would be hard-surfaced. They are not talking about expanding existing parking, but improving existing parking. Mr. Nischan said the City is participating at a rate of about 45 percent-55 percent . Will 45 percent of the intended use and 45 percent of time be available to Lansing people, and what is the life span of the dome and the life span of the amortization process? Mr. Ruge said the fabric part of the dome is supposed to last ten years . Replacing the fabric costs $68, 000 . The $500,000 is invested in the ground and on things that won' t deteriorate. The debt retirement time is 5-6 years . Mr. Nischan asked who are the users? Mr. Ruge said 35 percent of GLAHA people are Lansing residents . Lansing is getting premium time for citizens to use, Friday night, Saturday and Sunday afternoons and evenings . Mr. Ruge said he was concerned about the trees to be taken out. The South Side Community Center will be going into the north end and will require parking. Many trees will be taken out of the area where the parking is proposed. Mr. Nischan asked if thought has been given to replacing some trees in the long term, or is this a net loss of big trees . BOB FORD, LANDSCAPE ARCHITECTS AND PLANNERS . The number of trees in the park is about 1,200-1, 500 in the northern portion near the Ice Dome. That is not including trees that are west of the park all the way to Logan. About 70 trees will be impacted. There is a service road to the north of the Ice Dome. The trees being impacted are south of the roadway. The portion north of the site is untouched. There will be replacement trees, not the seventy being removed, because there is not enough room. Between 20 and 30 trees will be planted along the service drive which runs north and south between the dome and Washington Avenue. Some oaks will be removed, and basswood. They are under 6-8 inch caliper. Three or four trees might be in the neighborhood of 24-36 inches . Mr. Ruge asked if all of the trees to be taken out are south of the ring road; Mr. Ford said most of the trees [ed. note: inside the ring road north of the existing rink] will be removed. The City Forester said the roots would be damaged by the concrete foundation of the ice structure. The damage would cause decline of the trees; if not initially, then they will die soon. It is better to remove the trees rather than to let them decline and have to remove branches . Mr. Ruge said he would like to have our concern for the PLANNING BOARD MINUTES OCTOBER 1, 1996 - P. 13 trees put in the motion. Mr. Ruff said part of the motion includes comments about the trees . Mr. Frederick read "maximum efforts be undertaken to minimize the removal of trees on the proposed site. " Greiner Aye LeBlanc Aye Nischan Aye Ruge Aye Frederick Aye Goolsby Aye On a roll call vote, there were: Ayes : 6; Nays : 0; carried unanimously; Act-20-96 , Washington Park, Ice Dome Enclosed Skating Rink North of Existing Ice Rink and Warming Shelter, Washington Park, with recommendations to the developers that more prime ice time within the dome be devoted to public use; that maximum efforts be undertaken to minimize the removal of trees on the proposed site, was recommended to be APPROVED. Next meeting TUESDAY, October 22, 1996 at 4 p.m. , Planning Office Conference Room, Second Floor, Washington Square Annex 3 . Executive Committee: Did not meet. D. Report from Planning Manager, Ms . Love. Ms . Love said the Renaissance Zone application was submitted to the Jobs Commission yesterday afternoon, Monday, September 30, 1996 . Winners will be announced around December 1, 1996 . Three senate bills have been introduced in the state legislature regarding development rights and agricultural preservation lands . City Council has asked us to provide them with a recommendation regarding the bills and what else they need to have included in them. The City Council recently denied for the third time the Hacker property at 4720 S. Cedar. It is the opinion of staff that it would be appropriate to write a letter to the Mayor asking the City Council to initiate the rezoning they say they will support, "D-l" in the front and "A" Residential in the back. We will send the letter this week. Hopefully, the Mayor would then forward the letter to the Council and ask them to initiate the petition. Then the petition will return to the Planning Office. Under the ordinance, the Council has the right to initiate rezonings in the public interest. We are recommending to the City Council that they take action to rezone it to "D-1" Professional Office. The other situation that we will be sending to the Mayor and Council will be a request for them to initiate PLANNING BOARD MINUTES OCTOBER 1, 1996 - P. 14 rezoning of a property near the intersection of Glenburne and South Waverly. There is a property zoned "F" Commercial on the southwest corner of Waverly and Glenburne. It was zoned "F" Commercial in 1968 and has remained vacant commercial since then. We have been in court with several other surrounding properties, trying to maintain the residential classification. Each time we have gone to court, we have had to say that was a mistake, that it should never have been zoned that way. After talking with the City Attorney' s office on other issues, we are of the opinion that now would be an appropriate time to ask City Council to initiate rezoning of this property in the public good, and in the fact that it then would not a mistake or a spot zoning any more. As a staff, we are going to request City Council to initiate these rezonings which will be before the Board in the next couple of months . E . Pending Items : Future action required 1 . Zoning and Ordinance Committee: a. SLU-3-96 , 1149 S . Washington Ave. , Church, Movement for Christ Ministries Mr. Ruff said at the next Zoning and Ordinance Committee meeting, he would be able to hand out information from the City Attorney' s Office when dealing with these situations . 2 . Urban Development Committee: a. Act-02-95, Case and Grand River Ave. , Sale to Wohlert for Parking Lot (Action postponed in committee February 13, 1996 ) b. Act-3-96, 300 Blk. S . Grand, Blocks 130 and 131, Original Plat, Sale for Redevelopment (Pending Possible IRS Ruling) C . Act-10-96, 501 E . Kalamazoo (Former Spartan Inn Site) , Visitors Welcome Center, Greater Lansing Conv. & Visitors Bur. (Pending Possible IRS Ruling) d. Revision to Guidelines of Administrative Act 285 Reviews (Tabled June 4, 1996 ) VII . NEW BUSINESS - None. VIII . COMMUNICATIONS - Read during Public Hearing. IX. COMMENTS FROM CHAIRMAN - None. PLANNING BOARD MINUTES OCTOBER 1, 1996 - P. 15 X. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS Mr. Ruge asked if the insurance agent has been sent a letter; Mr. Ruff said yes, just prior to the last Board meeting. Mr. Ruff said he wants to update segments of the code in the wintertime as a routine practice. XI . BOARD MEMBER COMMENTS Ms . LeBlanc said the Zoning and Ordinance Committee met after the last Board meeting. Ms . LeBlanc was elected Chair and Mr. Nischan was elected vice chair. Mr. Ruge asked about updates of the master plans; Ms . Love said work would be resuming. Mr. Greiner asked about the Rules and Procedures ; Ms . Love will check again with the Attorney' s office . XII . ADJOURNMENT - was at 8 : 40 p.m. Respectfully sub itted Eleanor K. Love, Secretary Lansing Planning Board c:\wp\data\p1anbd\mn100196 a:\32 DRAFT TO CLERK 102896 APPROVED 110596 TO CLERK 111296 Minutes of the Regular Meeting LANSING PLANNING BOARD 7 p.m. , City Council Chambers r ( � `;: j Tenth Floor, Lansing City Hall 124 West Michigan Avenue( ! ; ( f CLE;? TUESDAY, OCTOBER 15, 1996 I. OPENING SESSION Chairman Garry Goolsby called the meeting to order at 7:03 p.m. A. Roll Call. Present: Goolsby, Greiner, LeBlanc, Nischan, Robinson, Ruge; six members present; one absence and one vacancy. Ex officio Councilmembers Lilly, Allen; not in attendance. B . Excused Absences. Mr. Frederick, who had to be out of town, requested and was granted an excused absence. C. Introductions. Eleanor Love, Planning Manager, introduced staff present: James A. Ruff, Zoning Administrator; and Louise H. Christian, Planning Board Secretary. D. Approval of Agenda. II. HEARINGS - None III. COMMENTS FROM THE AUDIENCE (5 minutes each) - None IV. RECESS - None V. BUSINESS SESSION A. Minutes for Approval: October 1, 1996. Mr. Greiner made a motion, seconded by Ms. LeBlanc, to approve the minutes of October 1, 1996. On a voice vote, there were Ayes: 6; Nays: 0; carried unanimously; the minutes of October 1, 1996 were APPROVED. B. Committee Reports 1. Zoning and Ordinance Committee, Ms. LeBlanc, Chair. a. SLU-7-96, 3700 S. Waverly, Waverly-Holmes Shopping Center Suite 5, Use for Church Office & Meetings. Ms. LeBlanc said the Zoning and Ordinance Committee met last week. The applicant, the Spirit Life Church, is proposing to continue to lease a portion of the shopping center to use for church offices and meetings. The church occupies a 30 ft. x 80 ft. (2,400 sq. ft.) portion of the 25,000 sq. ft. Waverly-Holmes Center. The proposed special land use is operated in a manner harmonious with the character of adjacent property and surrounding uses. The proposed special land use will not PLANNING BOARD MINUTES OCTOBER 15, 1996 - P. 2 change the essential character of the surrounding area. The proposed special land use will not interfere with the general enjoyment of adjacent property. The proposed special land use should not have any negative impacts on the surrounding area, public services and facilities, and the environment. In committee it was found, based on testimony evidence and the staff report, that the use of this portion of the property for the church as requested met the nine criteria for evaluating the special land use permit. In committee, a motion was made, seconded and carried unanimously (4-0) to approve SLU-7-96, 3700 S. Waverly, Waverly-Holmes Shopping Center Suite 5, Use for Church Office and Meetings; motion carried unanimously, 4-0. Ms. LeBlanc made a motion, seconded by Mr. Nischan, based on testimony, evidence, and the staff report, a copy of which is attached hereto and made a part thereof, to approve SLU-7-96, 3700 S. Waverly, Waverly-Holmes Shopping Center Suite 5, Use for Church Office and Meetings; motion carried unanimously, 4-0. PLANNING BOARD ACTION on the motion was as follows. Greiner Aye LeBlanc Aye Nischan Aye Robinson Aye Ruge Aye Goolsby Aye On a roll call vote, there were: Ayes: 6; Nays: 0; carried unanimously; SLU-7-96, 3700 S. Waverly, Waverly-Holmes Shopping Center Suite 5, Use for Church Office and Meetings, was recommended to be APPROVED. 2. SLU-8-96, To Construct a "New Pumping Station, Public Facility/Utility in "B" Residential District; Act-11-96, Lansing & Roosevelt Avenues Near the Grand River, Acquisition of Five Parcels for Pump Station Improvements This item is informational; we will act on SLU-8-96 at the same time as Act-11-96. Several members of the public who were at the committee meeting expressed their dislike of the through street option; they preferred the turn-around at the end of Roosevelt. They also discussed use for basketball courts. The residents said because of elevation changes, they did not feel comfortable with people up on the basketball courts being able to look down into their yards and homes. In committee, based on the staff report and the public testimony, it was moved, seconded, and carried unanimously (4-0) to approve SLU-8-96, to construct a new Pumping Station, Public Facility/Utility in "B" Residential District and in the floodplain of the Grand River with the conditions that Alternative II with the T- turnaround be utilized and that, prior to the design of the equalization basin, the finish of the roof would be determined in consultation with neighborhood residents. This is an informational report until the Urban Development Committee reports on Act-11-96. PLANNING BOARD MINUTES OCTOBER 15, 1996 - P. 3 The next meeting of the Zoning and Ordinance Committee will be held Wednesday, November 13, 1996 at 4 p.m. , Planning Office Conference Room, Second Floor, Washington Square Annex. 2. Urban Development Committee. In the absence of the Chairman, the Vice Chairman, Mr. Robinson, announced the NEXT MEETING TUESDAY, OCTOBER 22, 1996 at 4 p.m. , Planning Office Conference Room, Second Floor, Washington Square Annex at which time the following items will be considered: a. Act-11-96, Lansing & Roosevelt Avenues Near the Grand River, Acquisition of Five Parcels for Pump Station Improvements b. Act-17-96, 700-800 Blks. Bancroft Ct. , Closure to Through Traffic C. Act-21-96, Parks Dept. , Acquisition of Parcels at Three Locations for River Trail d. CDBG Consolidated Plan and Capital Improvement Program (CIP) e. Revision to Guidelines of Administrative Act 285 Reviews 3. Executive Committee: Did not meet. D. Report from Planning Manager, Ms. Love. Ms. Love said, regarding the historic planner, the job description has been sent to the Job Content Committee. We want to post the job at the upcoming Preservation Conference October 25-26 if at all possible. The job will have a variety .of functions, including involvement in the comprehensive planning process on a city-wide scale; identification of a plan for educating the general public about historic preservation; creation of additional historic districts; getting additional funding for historic preservation; monitoring of the historic preservation grant; creation of small area plans for historic preservation of individual structures; consideration of potential changes in our ordinance to strengthen the ordinance; action as staff support to the Historic District Commission; working with local businesses in historic districts to create gap financing for building renovation in period architecture; and other senior planner duties as may be assigned. We interviewed two developers interested in the Turner Street property, one, a corporation called Build Tech, is the developer in conjunction with Global Village; the other is David Ferguson. We hope to have a recommendation by the end of this month. Regarding the Renaissance Zone application, Mr. Rothwell of the Jobs Commission will visit us on October 23, 1996 at 1:30 p.m. for one hour. We plan to take him on a tour and talk about the Seven Block Area and the S. MLK site. Ms. Love requested Ms. LeBlanc to set aside a few hours to begin setting up our library, in advance of our move in February to the N. PLANNING BOARD MINUTES OCTOBER 15, 1996 - P. 4 Capitol Ramp. The library will be in the conference room, as before. E. Pending Items: Future action required 1. Zoning and Ordinance Committee: a. SLU-3-96, 1149 S. Washington.Ave. , Church, Movement for Christ Ministries Chairman Goolsby announced receipt of a withdrawal letter. Ms. LeBlanc made a motion, seconded by Mr. Greiner, to accept the request to withdraw SLU-3-96, 1149 S. Washington Ave. , Church, Movement for Christ Ministries. Mr. Nischan asked if we could accept a withdrawal request from someone other than the petitioner. Mr. Ruff said the applicant was a leaseholder. We need confirmation from the property owner who has submitted the letter. He cannot take up the application in the stead of the leaseholder. This is the only way we can do it. PLANNING BOARD ACTION on the motion was as follows: On a voice vote, there were: Ayes: 6; Nays: 0; carried unanimously; withdrawal of SLU-3-96, 1149 S. Washington Ave. , Church, Movement for Christ Ministries was recommended to be APPROVED. 2. Urban Development Committee: a. Act-02-95, Case and Grand River Ave. , Sale to Wohlert for Parking Lot (Action postponed in committee February 13, 1996) b. Act-3-96, 300 Blk. S. Grand, Blocks 130 and 131, Original Plat, Sale for Redevelopment (Pending Possible IRS Ruling) C. Act-10-96, 501 E. Kalamazoo (Former Spartan Inn Site) , Visitors Welcome Center, Greater Lansing Conv.. &Visitors Bur. (Pending Possible IRS Ruling) d. Act-17-96, 700-800 Blks. Bancroft Ct. , Closure to Through Traffic VII. NEW BUSINESS VIII. COMMUNICATIONS Memorandum to James Smiertka from Eleanor Love Regarding Churches vs. Liquor Licenses dated June 28, 1996 with attachments PLANNING BOARD MINUTES OCTOBER 15, 1996 - P. 5 Memorandum, John M. Roberts to Eleanor Love Regarding Liquor License Prohibition of Locating Licensed Establishment Within 500 Feet of Church dated September 9, 1996 Memorandum, To Eleanor Love from Samuel Nealy III regarding 1149 S. Washington, Petition for Special Land Use Permit (SLU-3-96, 1149 S. Washington Ave. , Church, Movement for Christ Ministries) IX. COMMENTS FROM CHAIRMAN Chairman Goolsby said that we lost somebody valuable to the City when Paul Scott died last week. While we didn't always agree with him, he did a lot of good.for the City. It was shocking news, and he will be missed. X. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS Mr. Ruge asked if anything happened on the insurance agency; Mr. Ruff said Mr. Nelson Gilroy is going to file for rezoning. XI. BOARD MEMBER COMMENTS XII. ADJOURNMENT - was at 7:40 p.m. Respectfully submitted Eleanor K. Love, Secretary Lansing Planning Board c:\wp\data\p1anbd\mn101596 a:\32 SLU-7-96 3700 S. Waverly Road GENERAL INFORMATION APPLICANT: Waverly Holmes L.L.C. P.O. Box 26006 Lansing, MI 48909 STATUS OF APPLICANT: Owner REQUESTED ACTION: Special Land Use EXISTING LAND USE: Spirit Life Church EXISTING ZONING: "F" Commercial PROPOSED ZONING: No change PROPERTY SIZE & SHAPE: 25,000 sq. ft. 30' x 80' = 2,400 sq. ft. (Suite 5) SURROUNDING LAND USE: N: First of America Bank S: Single Family Residential E: Single Family Residential W: Rivers Edge Apartments SURROUNDING ZONING: N: "F" Commercial S: "A" Residential E: "A" Residential W: "CUP" Community Unit Plan MASTER PLAN DESIGNATION: The Southwest Area Comprehensive Plan designates this area for commercial use. SPECIFIC INFORMATION DEVELOPER'S PROPOSAL: The applicant is proposing to continue to lease a portion of the shopping center to use for church offices and meetings. The church occupies a 30' x 80' (2,400 sq. ft.) portion of the 25,000 sq. ft. Waverly Holmes Center SLU-7-96, 3700 S. Waverly Road Page 2. AGENCY RESPONSES AMERITECH: No response. Assessor: No response. Building Safety: See attached. BWL: Electric Utility The Electric Customer and Marketing Department does not have a concern with this request. Contact: Linda Rasor, 371-6847. Water utility Water Technical Support/Distribution - No comments or conflicts with transmittal to lease. Contact: Terry Robison, 371-6494. Consumers Power: No response. Continental Cable: No comments or remarks. Development: No comment. Fire Marshal: No response. Lansing-Eaton Neighborhood Organization: No response. VIDOT: No response. Parks and Rec.: No response. Public Service: No response. Trans. Engr.: No response. SLU-7-96, 3700 S. Waverly Road Page 3. ANALYSIS Sprit Life Church is proposing to continue to lease a portion of the shopping center, 3700 S. Waverly to use for church offices and meetings. The church occupies a 30' x 80' (2,400 sq. ft.) portion of the 25,000 sq. ft. Waverly Holmes Center. There are three services and one prayer meeting* in the building each week: Day Time Average Number in Attendance Sunday 10:00 a.m 55 Sunday 6:00 p.m 30 Tuesday 7:15 p.m. 30-40 Friday* 7:15 p.m 20 The office is open on Wednesday and Thursday, 10:00 a.m. to 4:00 p.m. with 2-3 people. The Spirit Life Church has been there for approximately one year. A two- year lease is in place and expires September of 1997. 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. 1. COMPATIBILITY WITH USE ON ADJACENT PROPERTIES Spirit Life Church is located in the Waverly-Holmes Shopping Center. The surrounding properties in the area consist of commercial uses to the north and residential uses to the south, east and an apartment complex to the west. Section 1268.04(b) of the zoning code allows church uses in the "F" Commercial District with a special land use permit. 2. CHANGE IN THE ESSENTIAL CHARACTER OF THE AREA The operation of a church will not change the character of the area. The church is already in operation and located in a commercially zoned shopping center and leasing the property. The building is not being significantly altered for the use. SLU-7-96, 3700 S. Waverly Road Page 4. 3. INTERFERENCE WITH GENERAL ENJOYMENT OF ADJACENT PROPERTIES The use of this facility for church offices and meetings should have no negative interference with the general enjoyment of the adjacent properties. 4. IMPROVEMENT TO PROPERTY AND SURROUNDING AREA The church offices are located in a shopping center and does not adversely impact the area. The church occupies a 30' x 80' (2,400 sq. ft.) portion of the 25,000 sq. ft. Waverly-Holmes Center. 5. ENVIRONMENTAL IMPACTS There should be no negative environmental impacts associated with a church operating at this location. 6. IMPACT ON PUBLIC SERVICES There should be no excessive impact on public services since there are existing public services and facilities in place. 7. IMPACT ON UTILITIES There should be no excessive impact on utilities since there are existing public utilities and facilities in place. 8. COMPLIANCE WITH THE MASTER PLAN The Southwest Area Comprehensive Plan designated this area for commercial use. The church offices are located in a commercially zoned shopping center. Section 1268.04(b) of the zoning code allows church uses in the "F" Commercial District with a special land use permit. 9. COMPLIANCE WITH ZONING DISTRICT REGULATIONS A Correction Notice was issued by the Office of Building Safety on June 28, 1996 because a change in use of the building occurred. Section 1268.04(b) of the zoning code allows church uses in the "F" Commercial District with a special land use permit. SLU-7-96, 3700 S. Waverly Road Page 5. umma The proposed special land use is operated in a manner harmonious with the character of adjacent property and surrounding uses. The proposed special land use will not change the essential character of the surrounding area. The proposed special land use will not interfere with the general enjoyment of adjacent property. The proposed special land use should not have any negative impacts on the surrounding area, public services and facilities and the environment. RECOMMENDATION Staff recommends approval of the special land use permit to continue to lease a portion of the shopping center for church offices and meetings at 3700 S. Waverly. DEPARTMENT OF PLANNING .AND NEIGHBORHOOD DEVELOPMENT 1 19 N.WASHINGTON SQUARE• LANSING,MI 48933-1668 • (517)483-4355 FAX:(517)483-4393 f Ic H I BUILDING SAFETY OFFICE C rw 99 7 6 !Sl:�ly TO: Doris M. Withers oon Senior Planner DATE: 9/25/96 , : FROM: Jack A. Nelson Manager, Building Safet Office i SUBJECT: SLU-7-96 The request was apparently precipitated by the issuance of a Field Correction Notice on June 21, 1996, for occupying the structure prior to obtaining authorization from the Building Safety Office. Authorization is necessary since the use group of the tenant space has been changed and the new use requires a Certificate of Occupancy. The Department has not inspected the tenant space as of this date. Occupancy of this space will be predicated upon compliance with the following building code provisions: 1. Barrier Free access and toilet rooms 2. Two toilet rooms are required. The fixture count will be 1 water closet and 1 lavatory for each sex, subject to a maximum occupant load of 100. 3. Exit illumination and signage in accordance with Chapter 10. 4. Panic hardware on doors if occupant load exceed 100. If the load is less than 100 the doors shall be readily openable from the egress side without the use of a key or special knowledge or effort. 5. A building permit shall be required as a condition of occupancy. The requirement of sealed plans will be deferred until an analysis has been made on the extent of alterations necessary to accommodate the use. It is anticipated that only minor building modifications are necessary to accommodate this use. Upon compliance with building code requirements the Building Safety Office has no objection to the use. JAN:kw , {1 �" A•, h�• ✓I � _wh i,r o limp_ — w• r i� ABM'► t'ah�n „r ' 4a �� r.�ii`r�..�y ljy��l i `5; ,`�r+d A' - II CorelPHOTO-PAINT! Driver: ISM LP4037 5E Printer September 26, 1996, 12: O1am slu796bl.pcx ::.:::::: .:::::.:. :.::.:::.:::::::::::::::::: :::.::::.�::::::.:::.;..}:.i:.i:.i:.i:.:}:.}i:.i:.::.:.i:?.i:.:.i:.iiiiYi:?.i:.:ii:.isi:.i:.i:.i:.:.}::.:..:::.::::::::::::: :.... :::: ::::::::::: i:j::<>'.!>i' i:::: iiii'r}ii: `: vJii:-::_i:Jis: _ .:;::}ii: -i s- `i:is :�: _`:.:.i:iiiii: ... � v: :.: {� �-`ii:�Ji ::�:-:i�:�iiii:�: ............................... f.- :3. 11C' P. k - i•:W/fir i.l'�.,,::.;::... r . '•x y '4 f• v:.v.v:.. - - r.•i'f.-:,:r:?-}:w:::}..y}+y4y\4n•}$C ..........:.::..:. ..... v. r}:f��!r-:^i�4>,'+,.�r�,.r:?}.. ..•::::::::::::::::::.•f::::::::::.r...rrf ... .... -::f•:?::•::?:}::S:i::::{.-..5::%: :-i:-is???.::2::::}r:::..::::::.:... S•/ . ....................rf........... r.•:.::...:r:-.�-i:;?:r:?r{.,:rr::::::::-is-:-- :::.�::: '• r.:..•:..:...... ,{/i:!:....... r................... r... / :.. ......F f .r ::r:rr}.'•::c-::�5:�:<=::�::::::::5':::::::"....: { ........ J ..r•r::::.::::::::�::... :r+r.�,r;,..... ,:.,... •• .r.v::::.F... r::._::.,r,.;:r:??::•}:::... ..:.•.,:�-'ix J, +.f.,..x.}; ...yA.,:..:yS.'x J� }:yG�•....:.::.::::... ...✓.:;•:�.i:iY:••: ::.Y'.rr.. $i .�f}'r .4./� n.�:?•.4;•};•}i:�i iS:->:-::: .::r ff..fff•}}S:•}}:{!-i:-iS:ti::!' .�>% rr'f" <•}r•:f:;.!SS:�:�;;:�i:�i';`:�::'':;.r :::�•... ?���rw-k f J.i::�... :u t}1!`n ............ frr f r/.+ii:�:i:S�i:i` .F ..;,..v;•:l.-::-i`i:�i:�i:�:�i`ii` - S.'•SSS?;if%: ?..f:S:{:rr.J% {}.IfJ/ r:rf?!- •r:U}':'!;�:;�:�i:;y:-:;?��r%}ru•:{::: ' ?!i-:.Y:?+ •i...: Ste/ •f. ../:{{{r.. .r}.,/r.•/:::./S:{-':-::�i:�:4:�:-•?•:i:•...:f..............r ri:}:ii. /.r f.r:.- r. .}.✓ ..J r}f •''iii%:j$f:?:�4i:i4iii::•: :�/,f- •/f F ../ . y ivY`fi:•fF'!'•'+f.•F+F::•:f}}}}''-'}}}}:•}:•}. :4f/.....:..............r. %'+r.'»'�»4, r.fr}.,..,....r.......r. ..:44.:...::........r.ff...,, s::;yf},;:-; ...J.,},{Fi}:,ff,f�I :•F /f�?/ .f.. ..1......:}}i:::is iY:?-r'v ...A-iy}};{6}�}}}}'-({}i?:�i?ii'^}•}'r' r}.+F,...}{{i':F•::i x.Jff% FJ / ::.? y{?•}Y}}y" nvk-.:. :}Y%.{..;.,...:..........::fi:.vfvf..:f.?+!•}Y-}}:??JY•/:�:is?4n}: .:-fif:•,::::::::•� �v •F.•S•'�• :vf}'<`is F ii: '•/. '. rr/-/.::" rr!•rrf'4"•+}: :+4:+i. rl f ff�:.'ii}:i: .. w::::r....:•:,:r,, .{:::.}w::::::::�:v:n4 a:::..;.... /... rr-.!-iiiii:a:,-}.Jr.Fr ? .:,!...r.4}}}:!{{{:!!c:�:�}:;-ir.{.;;S:S:{�yc r r:+f;:y.;+r:!:f•..?•}::-i::i:;xFlfF..?r.... yr i+.::�:%:'?•}:.�:; f.{/f:>9^S" .r� .1v...........:-:r:f}..}�•f;•ri}r:•}'i:r:?;v:.;...}v:w:::.�r,{.yl.::::::::::::::::rr:'.'.f{;>.:{?r..:.}::ax�'' v{ %{P :;}'j.-.-.v:?n...,F � J' ?•.,v':: ;}.F{f•+i:fll.•.!•r:}i::,: ::fif '..frJC!LYi :,/,.:::?f n+/•�//ir.r:r}:?+-i:4};_;. .. ..::.-v.t.:w:::::.v:::- :...n..::. •YY}}}}i}}::.v l}ifi r:f.??:>r�$i$i+•}:Y'fi?.i+?��:��i?ii`�'�:i?iii�:�J�'}i}}iiiii::Y?:'�� 4! ,�J .� J Y r-:......+.-:::-:r::rr!??:?':::::::Y>::}:+.. :^i`':r/.4• /i':i:::S. r../� fi/ ../......:. F:•x?•}Y:4:;:;�j{s�:��:�3:�#:zest:;}•�:��%:o .f ...<1 :�iFr.-f..?./f � / t::.::.;-::::•t:;:}}} �%6:a•::::::::::�::::`ice- ::?�}l:•:i:�;::�i::�ik:5:•Y:t.rr .rw:•}.VS�.••.•.-•.-+�:.,'!.:.:::. {..,,,Y;. ..v-:' r .. / .:F..;.;-.r.:�::t:;%<�St .:a}i.•}x-:;i:?•:•::.:::f ,rrf::,:::-ii':;%f f.{ fr✓" ./ J rr/::,...::.:. :::f--::rr::•• ::.✓.?.!:}.;;:-;}:-i}}}:?�:<�� %<'�z:�c.::r.{...,..:...:::.off/�.r - f//� � / .,.,.?,.;•..:->S:->::tSi::fx4{' ::.E.,. 4N..:: .rf//�� ff / l�;.r ! /!/ }.?'.`.;ii}:i�'rr cif �•:4....F.}?}}.•}}:!':::r.} ���� / FF,,}'?v:�: •:i;}}}r?i?if:?'^i'%�:' y/f..J....r i?F.??>•}:+Gi'•i::/.,.:::'}?i`Yi• f. r H J..r.:r.-:-:-+:�������fii•:>f::::•::.,:.'.!•:.!+,:+•:r/.•.•rr:::r!:"•�'':::;:rr:>f'4:•�£S:•S:}..:�5:->:-ii:!r::�S:}`:•':�:<�:�::•:•:.�::{.;,..r. �:./r. :f. .,r�r /r'fiFf/� lS'•J,?+• �h/r� `:iiS"+uF•r.!/J//!+r..1.:'-i?ix:"!!;+"'ff.:•! •�:JJi::•i:-i:;fi}r,s../...;.. {.?nr.&::r:-}:::•.;S•r•.�r;:: 'p �,(�f 4•p6�/. %fr.:.r f :+•ni''n::%r.+-:r::rJ.fi�;y .;.fr:r{.:::�/; /,•%: r 1::::�>:�:;;.r....;r r.,{r:'%/%if i, r,l F•// �/� . .....,rFfY•,•:r` v:/•:. r.f�,..:-: :rc:/�+ F yi�i<•:•?. {f.-::} ;•.:,,,:F:'r::.a>�r!:l�f. /!n '{'%, J/ off �. ��. <-:..:,:f::/:•. .;.:c-is}rf:r-r:iri'::;i�::;: .�y/,.%F /f::5f:�:?S{;{{:.}};::�'{f :.'%jr.F%'::F:!-.<-rr}•; .'./�J..l��/f��/ �f• S` I :�,/.. .,y,'<:`•�`},,, !'iflr `f�'4r-.,�::;arJr,<�/��%.ilf r.,f:.i:y,?�/��f{'/.1:. / f �` y.yl:r'r'�iis}r 1.//.:: -:%C:/r:•::: �•}�./�Ykr////.f%'I,•r-.. �....'- "/ F.fJ/��f.r� r/ Y• 1�/��'f �ri.yy!:•::::f'{- 4S:w`'.�t':�:ry4..f. ..{Sali.:�" ,./:iy�'yvf�./.,r /r- 9/�f'rfi{��� .,;r rj Fi{.-. � / ��':� f%% J:'rf �f ,,�i/,;'2:•,•::.;!:..;•:.� ;%r.:.. ,lfN.,�:r, � rI�S f :%J f G•. / f/ rJ ,• ��r�/ J%'';. .� / %� s''/F `f�Ji-f,�"+:}• f i:;/ii: r-::5/i���YF/ f//f 'If{ J/'%`%i�J:f�r' �';f//�%J��>� �/ '` �JJ��F'1 ��.f,�;l ':r••�/!� %��':;�:rt/�i/4::;.<,c J/fi;,,�� /�/ff J�/J�f/, /� J �f/ r f / � F�'+ /{�%//ff,J�� /J rp,;:4i.,r.,;••;�fS4 ./ �::r,,� f..fn. .f/J/f/ ��f �%i�� }:.,:.�%/• �//�/.ri/r-`, {fi., � /;:.:r,-i:,.. {l• f':.:. fi..f,�r�•r•�� rv%i./�.ru. .s•:ilL�•:.o. i.:wi rr/.yk.f}/%i:;i//,if� ,l/!.4vrlr/!i•'i/��/ir..fi.✓ .✓. i ��v�Ghf Svrlcr v- 7� 740 WAVERLY H 0 L M E S CENTER 3700 SOUTH WAVERLY ROAD LANSING, MICHIGAN 0 4 mz C, t 00 m ,0 1-96 CANAL RD. CRIETZ RD. 71 Vl > 'u 0 m> 0 m z < m LAVERLY RD. 0 0 f > 0 0> Z; m > I` pz 0 > LOGAN ST. m CEDAR ST. U.S. 27 ST. JOHNS S. PENNSYLVANIA AV'. e,0AWA4. OAR 7r P41MI 1077.02- '5U/?7-;* OCZU,011-'V 6,V 0WV12CY 60, 20' 20' 40, 35 180, ASPHALT -e, EXISTING BANK 40, PARKING 45 `2 37co W A V E R L Y R 0 A D NORTH-R> 1 DRAFT TO CLERK 111996 APPROVED 111996 TO CLERK 112796 Minutes of the Regular Meeting LANSING PLANNING BOARD 7 p.m. , City Council Chambers Tenth Floor, Lansing City Hall ` LER, '' 124 West Michigan Avenue TUESDAY, NOVEMBER 5, 1996 1. OPENING SESSION Chairman Garry Goolsby called the meeting to order at 7 p.m. A. Roll Call. Present: Frederick, Goolsby, Greiner, LeBlanc, Nischan, Robinson, Ruge; seven members present; one vacancy. Ex officio councilmembers Lilly, Allen; not in attendance. B. Excused Absences. C. Introductions. Eleanor 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. Ms. LeBlanc made a motion to revise the agenda order, taking Items B and C first, then Item A. Approved unanimously on a voice vote. I. HEARINGS B. Z-16-96, Vacant Land 1200 Blk. W. Jolly Rd. South Side, "A" Residential to "F" Commercial District Mr. Ruff presented the case, a request by Mitchel and Michael Skory to rezone a portion of property in the 1200 Block of W. Jolly Road, which is adjacent to their businesses at the southwest corner of Jolly and M.L. King Boulevard from "A" Residential to "F" Commercial District. The applicant proposes to construct a small commercial building with approximately six stores and to demolish two of three commercial buildings presently on the site. The present Skory Auto Sound on the corner of Jolly and M.L. King would be retained. MITCH SKORY, 1906 E. MILLER ROAD, LANSING. The buildings that would be removed house four small businesses which would take four of the six units. We don't have anybody in mind for the other two, but they would be a compatible service business, not automotive repair. We will continue to operate the Auto Sound business. Seeing no one in the audience wishing to comment on Z-16-96, Chairman Goolsby announced referral of the item to the Zoning and Ordinance Committee, meeting on Wednesday, November 13, 1996 at 4 p.m. in the Planning Office Conference Room, Second Floor, Washington Square Annex, 119 N. Washington Square. PLANNING BOARD MINUTES NOVEMBER 5, 1996 - P. 2 C. LS-10-96, 110/112/114 E. Kilborn Street Mr. Ruff presented the case, a request by Donald and Veronica Wilson to divide a lot measuring 99 feet wide x 132 feet deep. The original piece of property had three single-family structures on it. The division is proposed so that a portion of the property could be sold off. At first they wanted to split one piece, 114 Kilborn Street, for a potential buyer. Mr. Ruff encouraged the simultaneous split; otherwise the property will remain nonconforming. The Wilsons have petitioned the Board of Zoning Appeals so that the split would not cause the structures to be nonconforming to the new lot lines. The Board of Zoning Appeals granted the variances for the resulting dimensional nonconformities. The side yard in the "D-1" Professional Office District requires a 10-ft. side yard setback, both for primary and accessory structures. The lot lines jog around the garages in an attempt to make three primary and three accessory structures fit on the lots. The property is tiered--the property at 110 sits higher than 112, and so on. The land gets a little lower going toward the river. You couldn't move the garages and drive approaches to make them fit on the site properly. There are some oddities here, but the general theme is a 33-foot-wide lot, though the zoning code.requires a 60-foot-wide lot. Variances of this nature, 27 feet in width, are required to be approved by the Planning Board and City Council. Mr. Ruge said this area looks residential. When did it become Professional Office? Mr. Ruff said in 1942, when the City did a massive rezoning over the entire city. Some low-key offices are located on Kilborn on these 33-foot-wide lots. The purchaser plans to live in the property and operate something like a home occupation. A staff recommendation that easements be designated for driveways is being implemented by the petitioners and will be recorded following this action. DONALD E. WILSON, 210 STRATHMORE ROAD, LANSING. The proposal has been well covered. I would be willing to answer questions. Seeing no one in the audience wishing to comment on LS-10-96, Chairman Goolsby announced referral of the item to the Zoning and Ordinance Committee, meeting on Wednesday, November 13, 1996 at 4 p.m. in the Planning Office Conference Room, Second Floor, Washington Square Annex, 119 N. Washington Square. A. Z-15-96, Colonial Townehouses Cooperative & 3818 Pleasant Grove, Community Unit Plan (CUP) & "C" Res. to 11DM-1" Residential District Mr. Ruff presented the case, a request by Jeffrey P. Ray, attorney representing the Colonial Townehouses Cooperative and owners of multiple pieces of property. The basic purpose here is to expand their accessory office for the cooperative and take it out of one of the units, where it is at present. They have decided on this approach which will PLANNING BOARD MINUTES NOVEMBER 5, 1996 - P. 3 move their accessory office into 3818 Pleasant Grove, an older farm home. To do that they need to incorporate it into the apartment complex, making it accessory to the townhouse cooperative, and have it zoned similarly. The zoning of the cooperative, Community Unit Plan, is obsolete. By rezoning the property to 11DM-1" Residential, the entire property will conform to the current code designations, and both the existing cooperative and the present building at 3818 Pleasant Grove, which is zoned "C" Residential, can be accommodated. The structure at 3818 Pleasant Grove Road is located between the bulk of the complex and Pleasant Grove Road. Mr. Ruge inquired about the size of the accessory structure, and about the effect of the zoning change; Mr. Ruff said no plans have as yet been submitted, and more units could be constructed. At present the cooperative has 248 units; regarding density, they fit within the requirements of the 11DM-1" District. Mr. Greiner asked if the parcels would be combined; Mr. Ruff said he anticipated the action. This is a multiple parcel cooperative now. It would have to be combined to be an accessory use. Otherwise, it would be an office in the 11DM-1" District, and that would be an illegal use separately. JEFFREY P. RAY, 2133 UNIVERSITY PARK DRIVE, SUITE 250, OKEMOS; REPRESENTING THE PETITIONERS. I apologize for being late. I am available to answer questions. Mr. Ruge asked about the size of the accessory building; Mr. Ray said it-has-not as yet been planned; however, the thinking is a pole barn approximately 30 ft. x 40 ft. Seeing no one in the audience wishing to comment on Z-15-96, Chairman Goolsby announced referral of the item to the Zoning and Ordinance Committee, meeting on Wednesday, November 13, 1996 at 4 p.m. in the Planning Office Conference Room, Second Floor, Washington Square Annex, 119 N. Washington Square. II. COMMENTS FROM THE AUDIENCE (5 minutes each) - None. IV. RECESS - None V. BUSINESS SESSION A. Minutes for Approval: October 15, 1996. Mr. Greiner made a motion, seconded by Mr. Ruge, to approve the minutes of October 15, 1996. On a voice vote, there were Ayes: 7; Nays: 0; carried unanimously; the minutes of October 15, 1996 were APPROVED. B . Committee Reports PLANNING BOARD MINUTES NOVEMBER 5, 1996 - P. 4 1. Committee of the Whole a. SLU-8-96, To Construct a New Pumping Station, Public Facility/Utility in "B" Residential District/Act-11-96, Lansing & Roosevelt Avenues Near the Grand River, Acquisition of Five Parcels for Pump Station Improvements Ms. LeBlanc, who gave the report at the last meeting, made a motion to resolve into the Committee of the Whole; second by Mr. Greiner; unanimously carried. Ms. LeBlanc at the last meeting gave the report on SLU-8-96; the report on Act-11-96 is included in tonight's packet. Mr. Ruff said the Committee of the Whole will coordinate the two reports, and also accommodate one comment in the Urban Development Committee different from the what the Zoning and Ordinance Committee approved. The Committee of the Whole procedure will ensure that the board will receive the benefit of that report and also that the board will coordinate its action in a cohesive manner. Ms. LeBlanc made a motion, seconded by Mr. Greiner, that SLU-8-96, To Construct a New Pumping Station, Public Facility/Utility in "B" Residential District, and Act-11-96, Lansing & Roosevelt Avenues Near the Grand River, Acquisition of Five Parcels for Pump Station Improvements be approved, provided that the Public Service Department work with the adjacent neighborhood and the Parks and Recreation Department on the development of the site and including the five recommendations listed on Page 4 of the Urban Development Committee report; also adding Closure of Lansing Avenue, that there be no through street. Mr. Ruge asked what was the discrepancy between the two reports. Ms. LeBlanc said more details were added in the Urban Development Committee report concerning the landscape screening and buffering and environmental clearance. Mr. Ruff said it may have been closure of Roosevelt Avenue access to the unimproved drive and also includes the acquisition of private properties. Mr. Goolsby, passing the said one of the discrepancies, on Page 3 of the Urban Development Committee report, could be in terms of working with the adjacent neighborhood and Parks and Recreation Dept. on site development. We limited it to determination of the final design of the equalization basin roof in consultation with neighborhood residents. Mr. Ruge said the site, at present surrounded by a chain link fence, looks industrial; there is not much screening and buffering. In committee, we were concerned that screening and buffering would be improved around the entire perimeter of the site. COMMITTEE OF THE WHOLE action on the motion was as follows: On a voice vote, there were Ayes: 7; Nays: 0; carried unanimously; SLU-8-96 and Act-11-96 were recommended to be approved. PLANNING BOARD MINUTES NOVEMBER 53, 1996 - P. 5 Mr. Goolsby made a motion, seconded by Ms. LeBlanc, that the committee arise; voice vote; Ayes: 7; Nays: 0; carried unanimously. Mr. Ruge, as Vice Chair presenting the report of the Committee of the Whole, said the committee met on the combined SLU-8-96 and Act-11-96, and after a review of the location, character and extent of the proposal, in committee it was moved and seconded to approve the project provided that the Public Service Dept. work with the neighborhood and Parks and Recreation Department on the development of the site, screening and buffering, also including the five recommendations on Page 4 of the Urban Development Committee report, and recommending closure of Lansing Avenue (no through street) . The motion passed unanimously. Mr. Ruge made a motion, seconded by Ms. LeBlanc, based on testimony, evidence and the staff report, a copy of which is attached hereto and made a part thereof, to recommend approval of SLU-8-96, To Construct a New Pumping Station, Public Facility/Utility in "B" Residential District and in the 100 year floodplain, and Act-11-96, Lansing & Roosevelt Avenues Near the Grand River, Acquisition of Five Parcels for Pump Station Improvements, based upon the findings of the Urban Development Committee and the five conditions listed on Page 4 of the Urban Development Committee report, including closure of Lansing Avenue and the condition that the Public Service Dept. and Parks and Recreation Dept. work with the neighborhood in development of the site. PLANNING BOARD ACTION on the motion was as follows. Greiner Aye LeBlanc Aye Nischan Aye Robinson Aye Ruge Aye Frederick Aye Goolsby Aye On a roll call vote, there were Ayes: 7; Nays; 0; carried unanimously; SLU-8-96 and Act-11-96 were recommended to be APPROVED. 2. Zoning and Ordinance Committee, Ms. LeBlanc, Chair. Next meeting WEDNESDAY, November 13, 1996 at 4 p.m. , Planning Office Conference Room, Second Floor, Washington Square Annex, 119 N. Washington Square. 3. Urban Development Committee, Mr. Frederick, Chair. The Committee of the Whole report has been made on Act-11-96 and SLU-8-96. a. ACT-21-96, Parks Dept. , Acquisition of Four Parcels at Three Locations for River Trail The Parks Board wishes to purchase four properties in three locations near the Grand River for future River Trail extension. The attached table provides specific information on each parcel. PLANNING BOARD MINUTES NOVEMBER 5, 1996 - P. 6 This is a continuation of land acquisition for the River Trail as one of Lansing's greatest assets. The parcels would be utilized in the long term for River Trail improvements. No short term plans for the properties have been proposed. Each parcel proposed for acquisition is small, vacant, and located within 150 ft. of the river. Parcel C abuts the river. Additional acquisitions would be necessary to provide river frontage to the remainder of the properties. Three of the four properties are owned by the DNR, and are available at a nominal cost. The fourth parcel has been offered to the city for twice the assessed value of $4,000. Based on a review of the location, character and extent of this proposal, the committee found that 1. No immediate private use of the parcels is anticipated. 2. The acquisition of these parcels for future River Trail improvements is in the public interest, and well within the established policies of the City. In committee, it was moved and seconded to recommend approval of the acquisition of all four parcels, contingent upon environmental clearance as needed, appraisal (Parcel B only), and acceptable title, for future incorporation in the River Trail. Mr. Frederick made a motion, seconded by Ms. LeBlanc, to approve Act-21-96, Parks Dept. , Acquisition of Parcels at Three Locations for River Trail contingent upon environmental clearances needed, appraisal of Parcel B and acceptable title for future incorporation in the River Trail. PLANNING BOARD ACTION on the motion was as follows. Nischan Aye Robinson Aye Ruge Aye Frederick Aye Greiner Aye LeBlanc Aye Goolsby Aye On a roll call vote, there were Ayes: 7; Nays; 0; carried unanimously; Act-21-96, Parks Dept. , Acquisition of Parcels at Three Locations for River Trail was recommended to be APPROVED. Next meeting TUESDAY, November 26, 1996 at 4 p.m. , Planning Office Conference Room, Second Floor, Washington Square Annex, 119 N. Washington Square. 3. Executive Committee: Did not meet. D. Report from Planning Manager, Ms. Love. PLANNING BOARD MINUTES NOVEMBER 51 1996 - P. 7 Regarding a recent rezoning case in the 800 Block of W. St. Joseph, the Planning Board, in an attempt several years ago to help the owner who said he needed a storage building for his business on the property, rezoned a small portion of the property behind his business to "E-1" Apartment Shop District so he could have a storage building. About ten months ago he moved a transmission shop into that property. Last night the City Council voted 6-2 to recommend approval of the rezoning of the property to "H" Light Industrial, not only the property which has the storage building, but also the remainder of the parcel, almost all the way to Pennsylvania, so that the single family houses on that block will now look out on asphalt and on cars awaiting transmissions. It was disheartening, because the Planning Board had recommended unanimously to deny this request. Ms. LeBlanc said no neighborhood people were at the Council hearing. Does the Council mail out notifications, similar to the Planning Office mailings? Should there be a policy to inform the people who communicated with the Planning Office? Could they be notified when something comes before the Council? This is a neighborhood where people are not sophisticated about City operations. They probably didn't know they also had to come before the City Council. Ms. Love said, at the Council level, notifications are mailed only on special land use petitions, not on rezonings. Ms. Love announced at the Development and Planning Committee that there was a petition with 31 signatures. The response from the petitioner's attorney was "Mr. DeLuca has talked to all these people, and nobody has any objections." Ms. Love said the $400 filing fee paid by the petitioner does not come close to covering our costs. If Council were to mail notifications, we would have no objection--we could provide the labels. Ms. LeBlanc said that is one reason she suggested limiting it only to people who bothered to communicate. Mr. Ruff said that the letter to the mayor did include the petition and all the correspondence. Supposedly, it was provided to the Council. Ms. LeBlanc said her other question concerned Council discussion of the transmission shop as existing now, and the only difference regarding rezoning is whether there will be two bays or three bays. "I am wondering how much or how deeply the noncommittee members read their packets." Ms. LeBlanc said her other question concerned appearing at Council meetings on issues she felt strongly about. "It is their right to disagree with us." She requested some reaction about whether or not it is appropriate for Planning Board members to speak at Council. Mr. Frederick asked about the vote, 6-2. The two dissenting votes were cast by Ellen Beal and Joan Bauer, who was afraid they would put a billboard on the property. Mr. Frederick said that was also one of our concerns. Mr. Goolsby, passing the gavel, said the Board raised the question, and we were assured by staff, that the location is in the Capitol Center PLANNING BOARD MINUTES NOVEMBER 55 1996 - P. 8 District, where a billboard would not be allowed. Discussion indicated they did not know what they were talking about, assuming it was in the staff report, that a billboard is not permitted in that district because it was in our report, because we had those questions. John Ruge raised that question at the public hearing. When we got the staff report on that piece of property, it was in the staff report, that because of the Capitol Center District, a billboard would not be allowed. "If'another one comes like that, you can expect a motion from me that we hold it in committee until they come into compliance." Mr. Goolsby said we were very careful how we handled that in committee and here. We all knew it was an illegal transmission shop, and we bent over backwards to assure them that we were not denying it based on the fact that they were not in compliance. It makes no sense for them to give misinformation, and it undermines planning in the City. Councilmembers represent their ward, but they do have to comply with the law. Addressing Ms. LeBlanc's point, Mr. Goolsby personally felt it is inappropriate for Planning Board members to appear before Council and address them on issues, basically because we have a separation of powers here. We are a recommending body with certain responsibilities, and we express our opinion through our vote. Also, it would be difficult for one person to be separated from the Planning Board, unless the body votes for that person to go. The perception is going to be that you represent the Planning Board. "From that standpoint, I don't think it is appropriate that we do that." Mr. Goolsby said the Planning Board should recommend to the Mayor that he veto this ordinance. Mr. Nischan made a motion, supported by Ms. LeBlanc, to send a letter to the Mayor recommending a veto of this ordinance, and that if this case receives further consideration, that the people who came before the Planning Board be notified. Mr. Goolsby said there was misinformation and it needs to be vetoed. It is an illegal activity going on there, and the petitioner is benefiting. In court, there is a doctrine of dirty hands, and his hands were dirty. He did not have clean hands when he came to the Council. Mr. Greiner said last night's vote sends the wrong message to the community; it is telling them if you can get away with putting something in, then you have a point in your favor to have it be allowed to stay there. That is not fair. Something else grossly unfair is to have different rules of notice on the same matter just because it goes to a different group of people. It is highly misleading to the people in that community who get proper notice of a land use matter in their neighborhood and have it go to another board with as much or more authority than the first, to do something different on it, and not be notified. It amounts to a gross deception that needs to stop. It is going to be news to the people in the neighborhood that this has happened. PLANNING BOARD MINUTES NOVEMBER 5, 1996 - P. 9 Mr. Frederick also added his disagreement with what was done, saying it erodes citizens' confidence in the government that represents them, not just City Council, but also the Mayor and Planning Board. The citizens who did not want this will feel they were not treated fairly. Mr. Ruge suggested to Mr. Goolsby that he put in his letter the reasons that what happened was deceptive, and the misinformation that was provided. Mr. Goolsby, passing the gavel, said he would send the letter to the Mayor, because the Council has dealt with the issue. PLANNING BOARD ACTION on the motion was as follows: On a voice vote, there were Ayes: 7; Nays; 0; carried unanimously; on the recommendation that Chairman Goolsby, on behalf of the Planning Board, write a letter to the Mayor asking him to veto the actions on Z-11-96, Part of 800 E. St. Joseph St. , "E-1" Apartment Shop and "C" Residential Districts to "H" Light Industrial District; APPROVED. Continuing her report, Ms. Love called for the Board members' questionnaires for use in preparing the Planning Office budget. She hopes to have the work program to the Board for approval by December 3, as opposed to the end of December. This year, the Board of Zoning Appeals, the Historic District Commission, and the River and Waterfront Board have received questionnaires so they can have greater input into the work program. We have also reinstituted the meetings of the Board chairs and vice chairs on the fourth Friday of every month. We had a very productive meeting in October. Looking at next year's calendar, in January of last year, we met on the second and fourth Tuesdays. If we meet the first and third Tuesdays, we run into the New Years holiday, and the Martin Luther King birthday holiday, and we get shifted to Wednesday. To avoid that conflict we are looking at January 14 and January 28; however, that would mean two Board meetings in a row, on January 28 and February 4, which does not work. We are now considering having only one meeting, -on Tuesday, January 14, if that meets with Board approval, and one meeting in December. Normally the second meeting would be December 17. If the work program is complete, we may not need a second meeting. The preservation planner came in at a level 34; the position is presently posted on three web sites on the InterNet; it is in the state historic preservation network, and it will be in the APA JobMart. We had information about the posting at the Historic Preservation Conference last week. We will take applications through December 6, interview during December, and hire in January. Regarding the Rules of Administrative Procedure, the change deals only with the ethics ordinance. The ethics ordinance has been passed, PLANNING BOARD MINUTES NOVEMBER 5, 1996 - P. 10 so the wording needed to be changed on Page 6 at the bottom. It now refers to provisions of Ordinance 953, known as the Ethics Ordinance in the City of Lansing, passed August 26, 1996 and included as Appendix No. 3. The ordinance was copied in preparation for mailing to board members. Mr. Goolsby asked to see the Ethics Ordinance, in advance of approving this change at our November 19 meeting. E. Pending Items: Future action required 1. Urban Development Committee: a. Act-02-95, Case and Grand River Ave. , Sale to Wohlert for Parking Lot (Action postponed in committee February 13, 1996) b. Act-3-96, 300 Blk. S. Grand, Blocks 130 and 131, Original Plat, Sale for Redevelopment (Pending Possible IRS Ruling) C. Act-10-96, 501 E. Kalamazoo (Former Spartan Inn Site) , Visitors Welcome Center, Greater Lansing Conv. &Visitors Bur. (Pending Possible IRS Ruling) d. Act-17-96, 700-800 Blks. Bancroft Ct. , Closure to Through Traffic (UDC Tabled August 13, 1996) e. Revision to Guidelines of Administrative Act 285 Reviews (Tabled June 4, 1996) VII. NEW BUSINESS - None. VIII. COMMUNICATIONS - None. IX. COMMENTS FROM CHAIRMAN Chairman Goolsby said that last Tuesday he and Ms. Love attended a meeting with 12 or 15 Southside residents, Councilmember Allen, and several police at the South Precinct to talk about the proposed medical building on S. Washington. We discussed staff responsibilities, board responsibilities, and reasons for Board denial. It was a good meeting and a good way to reach out to neighbors. X. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS Mr. Ruge asked about a sign in front of Sparty's on S. Pennsylvania, a portable yellow sign that was made permanent. "I think it is illegal in two ways. It has a lot of flashing lights, and it has more than seven message units. Mr. Ruff said it depends on when it was installed. If it was illegal under the old code, it is illegal under the current code. Otherwise, if it was legal under the old code, it is nonconforming under the current code. The same thing would hold with message units, although that changes--10 message units is the number we look for. Potentially, it could be illegal. Ms. Love said the sign went in just before the sign code was changed. It was made permanent when they first put it up. The other thing is that it is in the "H" Light Industrial District, and the setback requirements are not the same. We looked for possible nonconformities, but found none, because it was installed PLANNING BOARD MINUTES NOVEMBER 52 1996 - P. 11 before the existing code went into effect. If it were replaced, it would have to be replaced with a new fixture that would meet code requirements. Chairman Goolsby asked about a billboard on the back of a building on South Washington Square visible from Grand Avenue. Mr. Ruff said the sign was put in sometime this year; he has ticketed it and is awaiting an appearance before a magistrate. Chairman Goolsby said he noticed on his way to the meeting last week at Michigan Capitol Medical Center, that they had signs on the street for an upcoming art fair. We need to send them a letter saying it is inappropriate for them to do that. XI. BOARD MEMBER COMMENTS Mr. Greiner said, regarding the evaluation question concerning Board training, staff in their spare time could develop training for Board members for what to look for in sign enforcement. Mr. Frederick said regarding his comments about loss of confidence in government and code enforcement, the issue of the transmission shop is similar to code enforcement. We can make an effort to do code enforcement, but violators can go to Council and have our efforts nullified. XII. ADJOURNMENT - was at S:20 p.m'. Respectfully submitted Eleanor K. Love, Secretary Lansing Planning Board c:\wp\data\p1anbd\mn110596 a:\33 DRAFT TO CLERK 120196 APPROVED 12D396 TO CLERK 1220% Minutes of the Regular Meeting LANSING PLANNING BOARD 7 p.m. , City Council Chambers Tenth Floor, Lansing City Hall L :. :" ;, �I i i' `LLii 124 West Michigan Avenue TUESDAY, NOVEMBER 19, 1996 1. OPENING SESSION Chairman Garry Goolsby called the meeting to order at 7:05 p.m. A. Roll Call. Present: Frederick, Goolsby, Greiner, LeBlanc, Nischan, Robinson, Ruge; seven members present; one vacancy. Ex officio councilmembers Lilly, Allen; not in attendance. 1. Excused Absence 2. Introductions Eleanor Love, Planning Manager, introduced staff present: James A. Ruff, Zoning Administrator; and Louise H. Christian, Planning Board Secretary. 2. APPROVAL OF AGENDA. Approved as printed. 3. COMMUNICATIONS - 199fr7 Meeting Dates. January 14, 1997, the second Tuesday, will be the only January meeting, at which time the Development Division will hold hearings for Proposed Goals and Objectives and Projected Use of Funds for Federal Housing Programs 1997-98. The Chamber has been reserved. 4. HEARINGS - None. 5. COMMENTS FROM THE AUDIENCE (5 minutes each) - None. 6. RECESS - None 7. BUSINESS SESSION A. Minutes for Approval: November 5, 1996. Ms. LeBlanc made a motion, seconded by Mr. Nischan, to approve the minutes of November 5, 1996 with one emendation, P. 4 Para. 6, Mr. Goolsby PCISS rg the gavel;- said one of the discrepancies . . . . On a voice vote, there were Ayes: 7; Nays: 0; carried unanimously; the minutes of November 5, 1996 were APPROVED. PLANNING BOARD MINUTES NOVEMBER 19, 1996 - P. 2 B . Committee Reports 1. Zoning and Ordinance Committee, Ms. LeBlanc, Chair. The Zoning and Ordinance Committee met on Wednesday, November 13, 1996. a. Z-15-96, Colonial Townehouses Cooperative & 3818 Pleasant Grove, Community Unit Plan (CUP) & "C" Res. to "DM-1" Residential District The applicant proposes to convert 3818 Pleasant Grove Road into the accessory residential leasing office for the Cooperative and possibly construct a maintenance/storage structure for Cooperative maintenance vehicles. The proposed "DM-1" Residential zoning for the existing Cooperative will make the zoning of the property conform with the existing zoning code. No other changes are proposed. In committee, it was found based on testimony, evidence and the staff report that • The rezoning would allow the cooperative to utilize 3818 Pleasant Grove as a leasing office and for an accessory structure for maintenance vehicles in the future. • The rezoning would allow for additional units within the cooperative, if parking requirements could be met. • The rezoning is consistent with abutting land uses. • The rezoning is consistent with the Southwest Area Plan which designates this area for medium density residential (7-14 du/ac) . • Landscaping may be required by the Zoning Administrator during site plan review to minimize the effects to properties located on Pleasant Grove. PLANNING BOARD MINUTES NOVEMBER 19. 1996 - P. 3 • Finally, the property at 3818 Pleasant Grove Road will have to be combined with the abutting cooperative property to conform to the land use regulations. In committee, it was moved, seconded and carried unanimously (4-0) to recommend approval of Z-15-96, Colonial Townehouses Cooperative & 3818 Pleasant Grove, from Community Unit Plan (CUP) & "C" Residential to "DM-1" Residential District. Ms. LeBlanc made a motion, seconded by Mr. Nischan, based on testimony, evidence, and the staff report, a copy of which is attached hereto and made a part thereof, to recommend approval of Z-15-96, Colonial Townehouses Cooperative & 3818 Pleasant Grove, from Community Unit Plan (CUP) & "C" Residential to "DM-1" Residential District. PLANNING BOARD ACTION on the motion was as follows. Frederick Ave Greiner Ave LeBlanc Ave Nischan Ave Robinson Ave Ruge Ave Goolsby Aye On a roll call vote, there were Ayes: 7; Nays; 0; carried unanimously; APPROVED. b. Z-16-96, Vacant Land 1200 Blk. W. Jolly Rd. South Side, "A" Residential to "F" Commercial District The petitioner proposes to rezone approximately one acre from "A" Residential District to "F" Commercial District. The subject property is west of and adjacent to the applicant's current business establishment at 5100 S. M.L. King Blvd. The applicant is proposing to put up a small commercial building with approximately six stores and to demolish two of three commercial buildings presently on the site. The committee found, based on testimony, evidence, and the staff report that: • The requested rezoning may be compatible with the adjacent land uses with the inclusion of an PLANNING BOARD MINUTES NOVEMBER 19, 1996 - P. 4 appropriate landscape, screening and buffering plan for the westerly property line. • The requested rezoning conforms to the Master Plan. • The requested rezoning and the resultant development should allow for increased vehicular and pedestrian traffic safety. • The requested rezoning and the resultant development is not anticipated to adversely impact the future development of the area. In committee, it was moved, seconded and carried unanimously (4-0) to recommend approval of Z-16-96, Vacant Land 1200 Blk. W. Jolly Rd. South Side, "A" Residential to "F" Commercial District, with the understanding that landscape screening and buffering will be required. Ms. LeBlanc made a motion, seconded by Mr. Nischan, based on testimony, evidence, and the staff report, a copy of which is attached hereto and made a part thereof, to recommend approval of Z-16-96, Vacant Land 1200 Blk. W. Jolly Rd. South Side, "A" Residential to "F" Commercial District. PLANNING BOARD ACTION on the motion was as follows. Greiner Ave LeBlanc Ave Nischan Ave Robinson Ave Ruge Aye Frederick Ave Goolsby Ave On a roll call vote, there were Ayes: 7; Nays; 0; carried unanimously; Z-16-96, Vacant Land 1200 Blk. W. Jolly Rd. South Side, "A" Residential to "F" Commercial District was recommended to be APPROVED. C. LS-10-96, 110/112/114 E. Kilborn Street The applicant proposes to divide and sell the property commonly known as 110, 112 and 114 E. Kilborn Street. These three principal structures are all located on a single parcel (PPN 3301-09- 408-221) within the "D-1" Professional Office PLANNING BOARD MINUTES NOVEMBER 19, 1996 - P. 5 District. This parcel measures 99 feet x 132 feet and contains approximately 13,068 square feet. The owner has submitted a lot split application to divide this parcel into three separate lots measuring approximately 33 feet wide. The subdivision regulations require 60-foot-wide lots; therefore, a variance to the regulation is requested for approximately 27 feet in lot width for each lot. In committee, it was found, based on testimony, evidence, and the staff report that • Currently, there are three principal buildings existing on the single lot. • This property was issued side yard setback variances consistent with the lot split request under BZA-3419-96. • Numerous structures within the area do not comply with side yard setback requirements. • There is no adverse impact on vehicular and/or pedestrian traffic. • It may be difficult for any of these properties to individually satisfy the office parking requirements. There are at least two parking spaces on each potential site with two being fully accessible. More likely, the use may relate better to a home occupation type of use. 0 The lot split will allow the property owner to sell the structures individually. In committee, it was moved, seconded and carried unanimously (4-0) to recommend approval of LS-10-96, 110/112/114 E. Kilborn Street, a lot division variance of approximately 27 feet, with the condition that appropriate driveway easements PLANNING BOARD MINUTES NOVEMBER 19. _1996 - P. 6 be recorded to ensure vehicular access to each property's rear yard and garage. Ms. LeBlanc made a motion, seconded by Mr. Greiner, based on testimony, evidence, and the staff report, a copy of which is attached hereto and made a part thereof, to recommend approval of LS-10-96, 110/112/114 E. Kilborn Street. PLANNING BOARD ACTION on the motion was as follows. LeBlanc Ave Nischan Ave Robinson Ave RuLre Ave Frederick Ave Greiner Ave Goolsby Aye On a roll call vote, there were Ayes: 7; Nays; 0; carried unanimously; LS-10- 96, 110/112/114 E. Kilborn Street was recommended to be APPROVED. Next meeting WEDNESDAY, December 11, 1996 at 4 p.m. , Planning Office Conference Room, Second Floor, Washington Square Annex, 119 N. Washington Square. 2. Urban Development Committee, Mr. Frederick, Chair. Next meeting TUESDAY, November 26, 1996 at 4 p.m. , Planning Office Conference Room, Second Floor, Washington Square Annex, 119 N. Washington Square. 3. Executive Committee: Did not meet. C. Report from Planning Manager, Ms. Love. Ms. Love has received two questionnaires from Board members; she needs the remaining questionnaires for use in preparing next year's work plan. Mr. Goolsby's set has been misplaced in his office remodelling; he will receive another copy. Regarding Z-11-96, Part of 800 E. St. Joseph St. , "E-1" Apt. Shop & "C" Res. to "H" Lt. Ind. Dist. , the City Council voted to approve the rezoning. Subsequent to that, at the meeting on Monday, November 18, in an attempt to reconsider the vote, that motion lost, 4-4. At that point, after reviewing the Council Rules of Procedure, it was determined that there are three different ways of overturning City Council action: PLANNING BOARD MINUTES NOVEMBER 19. 1996 - P. 7 1. By veto, within three days of the action; 2. By reconsideration, which is what was tried the following Monday night; 3. By repeal, according to council rule. Councilmember Leeman has indicated that he is considering this option. We have a copy of Chairman Goolsby's letter to the Mayor, who is very concerned. We have also had a request from the Neighborhood Council which has a group wishing to organize in the area, as a result of this action. The Neighborhood Council is following the matter, though what they can do is uncertain. At this point, ' repeal seems to be the only option. There was a protest petition from the neighborhood signed by both occupants and owners, but the state law sets forth some rather convoluted protest petition requirements. Mr. Ruff has to determine the validity of petitions. Home ownership provides weight when it comes to council votes. Ms. LeBlanc said at Planning Board meetings, in the chairman's remarks, or in a pamphlet, we should explain the next step of the process--the procedure beyond our board, where the matter goes from here, and also requirements for a legal protest petition. Ms. LeBlanc said she would also like to see formal notification for City Council public hearings of the people who have communicated with the Planning Board. She would see it as Council's responsibility to notify those people signing the sheet at the Planning Board of the City Council hearing when it is set. "I would like to see us make a recommendation to them that they do so." Mr. Greiner said that the 31 residents signing the petition, whether they are land owners or occupants, should have the option of being able to address this Board or City Council by affixing their signature to a common statement. It is an informational thing. The City Council should take the petition into consideration. Mr. Ruff said one good thing would be to have a two-to-three minute educational statement the beginning of the public hearing meeting of the month where we outline the steps with regard to that evening's cases. We could inform them that Council does not send out notices, but rather only places legal ads in the Journal. The Board could encapsulate the pamphlet information and in so doing perform a positive community service. PLANNING BOARD MINUTES NOVEMBER 19. 1996 - P. 8 Chairman Goolsby said sometimes the long delay causes things to get lost in the process. People who come thinking our action is final need to be informed that they should contact City Council or the Clerk's office. Mr. Ruff said if the Board desired, he could make the announcement, starting in December or January. Chairman Goolsby acknowledged on the Board's behalf the value of the public input received here. The worst thing is a breakdown in communications, especially in the case of this particular neighborhood. Every group should be encouraged to participate and should be informed about the process. Continuing her report, Ms. Love said Ferguson Development Limited Liability Corporation has been selected to do the new development on Turner Street of 46 two- and three-bedroom units of single family condominiums. Ms. Love displayed the site plan. It is a nice development. We have to finish the development agreement within the next ninety days. The units will fill a niche we don't have right now. The Planning Office is now interviewing candidates for the new secretarial position. City Council on Monday, November 18 passed a resolution covering new furniture costs and moving costs for our relocation to the North Capitol Ramp. We hope to move during February 1997. The posting for the preservation planner will be closed December 6. D. Pending Items: Future action required 1 . Urban Development Committee: a. Act-02-95, Case and Grand River Ave. , Sale to Wohlert for Parking Lot (Action postponed in committee February 13, 1996) b. Act-3-96, 300 Blk. S. Grand, Blocks 130 and 131, Original Plat, Sale for Redevelopment (Pending Possible IRS Ruling) C. Act-10-96, 501 E. Kalamazoo (Former Spartan Inn Site) , Visitors Welcome Center, Greater Lansing Conv. & Visitors Bur. (Pending Possible IRS Ruling) d. Act-17-96, 700-800 Blks. Bancroft Ct. , Closure to Through Traffic (UDC Tabled August 13, 1996) PLANNING BOARD MINUTES NOVEMBER 19, 1996 - P. 9 e. Revision to Guidelines of Administrative Act 285 Reviews (Tabled June 4, 1996) 8. NEW BUSINESS - Chairman Goolsby, calling for approval of the amended Rules of Administrative Procedure tabled at the last meeting, reviewed the changes. A. Page 6, under 2.5 F. , the ordinance number is given as Ordinance #953, the Ethics Ordinance for the City of Lansing, passed August 26, 1996 and included as Appendix 3. B. Page 8, 2.8 C. Acceptable forms for the making of typical or standard motions according to Mason's Manual are included as Appendix _. Ms. Love offered to strike the sentence, because of the multiplicity of possible motions given in Mason's. Chairman Goolsby said it is mainly for the education of new members. He volunteered to construct a table of typical or standard motions. Ms. Love mentioned seeing in recent literature a table of procedures regarding motions, however, not from Mason's. Chairman Goolsby said the Executive Committee could meet, in December or early January, look at that, and do it as a policy which could be easily changed by another Board, rather than as a Rule of Administrative Procedure. Ms. Love requested that 2.8 C be stricken, since it is not a procedure, but rather an administrative tool. It was moved by Mr. Greiner, seconded by Mr. Nischan, to approve the Rules of Administrative Procedure with the two changes, Section 2.5 F Conflict of Interest, and Section 2.8 Motions, Strike C. PLANNING BOARD ACTION on the motion was as follows. Frederick Ave Greiner Ave LeBlanc Ave Nischan Ave Robinson Ave Ruge Ave Goolsby Ave On a roll call vote, there were Ayes: 7; Nays; 0; carried unanimously; the Rules of Administrative Procedure were recommended to be APPROVED. 9. COMMENTS FROM CHAIRMAN Chairman Goolsby, remarking that Mr. Robinson has stated that tonight is his last meeting, thanked him for his service on the Board. He will be PLANNING BOARD MINUTES NOVEMBER 19, 1996 - P. 10 missed. Mr. Robinson said he was grateful for the opportunity to serve; it was a good experience learning about planning and city government. 10. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS Mr. Ruge asked if the Planning Office has received a rezoning petition from the insurance agency on Grand River. Mr. Ruff said no; he will follow up. 11. BOARD MEMBER COMMENTS 12. ADJOURNMENT - was at 7:5 8 p.m. Respectfully submitted Eleanor K. Love, Secretary Lansing Planning Board c:\wp\data\p1anbd\mn111996 a:\34 Colonial Townehouses Cooperative & 3818 Pleasant Grove Z-15-96 Community Unit Plan & "C" Residential to "DM-1" Residential Page 1 GENERAL INFORMATION APPLICANT: Mr. Jeffrey P. Ray, P.C. 2133 University Park Drive Okemos, MI 48864 STATUS OF APPLICANT: Represent Owner REQUESTED ACTION: Re-Zone both Colonial Townehouses Cooperative from Community Unit Plan & 3818 Pleasant Grove from "C" Residential to "DM-1" Residential. EXISTING LAND USE: Colonial Townehouses Cooperative are attached single family units while 3818 Pleasant Grove is an existing single family home. EXISTING ZONING: Community Unit Plan & "C" Residential PROPOSED ZONING: "DM-1" Residential PROPERTY SIZE & SHAPE: See attached map.- SURROUNDING LAND USE: N: Commercial & Single Family Residential S: Single Family Residential E: Single Family Residential W: Single Family Residential SURROUNDING ZONING: N: "A" Residential & "F" Commercial S: "A" Residential E: "A" Residential W: "A" Residential MASTER PLAN DESIG.: The South West Area Plan designates this area for Residential 7-14 dwelling units per acre. Colonial Townehouses Cooperative & 3818 Pleasant Grove Z-15-96 Community Unit Plan & "C" Residential to "DM-1" Residential Page 2 SPECIFIC INFORMATION DEVELOPER'S PROPOSAL: The applicant proposes to convert 3818 Pleasant Grove Road into the accessory residential leasing office for the Cooperative and possibly construct a maintenance/storage structure for Cooperative maintenance vehicles. The proposed "DM-1" Residential zoning for the existing Cooperative will make the zoning of the property conform with the existing zoning code. No other changes are proposed. AGENCY RESPONSES AMERITECH: No comments. Board of Water and Light Electric Utility: The Electric Customer Projects and Marketing Department tentatively approves the rezoning referral. . We request to reserve the right for final approval pending review of electrical plans for the storage structure. Water Utility: No comments on rezoning. Building Safety Office: The proposal will be subject to conformance with applicable building, mechanical, plumbing and electrical code requirements. The conversion will necessitate the construction of a one-hour fire resistive occupancy separation between the office and the residential use. In like manner, the business office must be accessible to the handicapped, which may require ramp access and alteration of existing interior doorways. A unisex barrier free toilet room will also be required for the office use. Construction document showing the changes necessary to comply with the codes will be required and shall be sealed by and architect or engineer. The proposed maintenance/storage structure will also be subject to compliance with applicable code requirements. Colonial Townehouses Cooperative & 3818 Pleasant Grove Z-15-96 Community Unit Plan & "C" Residential to "DM-1" Residential Page 3 Colonial Village/Logan Square: No response. Community Policing: No response. Consumers Power Company: No response. Continental Cable: No objections or requirements Development Office: No response. Fire Marshal: No objection Public Service Dept. We have no comment to the rezoning. A site plan is required prior to the development of the property on Pleasant Grove. Transportation Eng.: No objections. We reserve the opportunity to review and comment on site improvements during the plan review process ANALYSIS COMPATIBILITY WITH SURROUNDING LAND USE Currently Colonial Townehouses Cooperative contains 248 units. There is no proposed change in existing land use for the site besides utilizing 3818 as a office and potentially a vehicle storage building. This land use is compatible with surrounding residential land use and the South West Area Comprehensive Plan. Property to the east, west and south is single family residential with multiple family similar in nature to Colonial Townehouses to the north. Directly north of 3818 Pleasant Grove is a BWL property (100' x 300'), a single family home, then a Lansing fire station. Landscaping may be required depending upon site improvements. Therefor, existing land use has a minimal impact upon adjacent residential properties. COMPLIANCE WITH MASTER PLAN The proposed rezoning complies with the South West Area Plan which designates this area for medium density residential (7-14 du/ac). Colonial Townehouses Cooperative & 3818 Pleasant Grove Z-15-96 Community Unit Plan & "C" Residential to "DM-1" Residential Page 4 IMPACT ON VEHICULAR AND PEDESTRIAN TRAFFIC The site currently has space for 310+ vehicles at the cooperative and 2 at 3818 Pleasant Grove, which is less than the 487 minimum required by Section 1284.13(a)(2) of the Zoning Code. However, the rezoning will not have an effect in the density of cooperative site and therefor will not have a detrimental effect. ENVIRONMENTAL IMPACT No negative environmental impacts are anticipated IMPACT ON FUTURE PATTERNS OF DEVELOPMENT The proposed development at this intersection should not have a negative impact on patterns of development along Pleasant Grove if well maintained and landscaped. The effect of 3818 Pleasant Groves use as a leasing office and vehicle storage on adjacent residential property on Pleasant Grove will be directly related to the quality and content of the screening and buffering to be provided. This will be addressed by the Zoning Administrator during site plan review. Rezoning would also provide for more units to be constructed, but parking improvements would have to be made. Also, for the property at 3818 Pleasant Grove to be used for any accessory use for the cooperative, the property will have to be combined with the abutting cooperative property. SUMMARY The rezoning is from "CUP" Community Unit Plan and "C" Residential to "DM-1" Residential. The rezoning would allow the cooperative to utilize 3818 Pleasant Grove as a leasing office and for a accessory structure for maintenance vehicles in the future. The rezoning would allow for additional units within the cooperative, if parking requirements could be met. The rezoning is consistent with abutting land uses. The rezoning is consistent with the South West Area Plan which designates this area for medium density residential (7-14 du/ac). Landscaping may be required by the Zoning Administrator during site plan review to minimize the effects to properties located on Pleasant Grove. Colonial Townehouses Cooperative & 3818 Pleasant Grove Z-15-96 Community Unit Plan & "C" Residential to "DM-1" Residential Page 5 RECOMMENDATION Staff recommends that the subject parcel be rezoned from"CUP"Community Unit Plan and "C" Residential to "DM-1" Residential. This will conditionally allow the property owners to utilize the vacant structure as a leasing office without increasing the density of the cooperative development. DADATMWPERFECTIZ-15-96.WPD Prepared by: Steven L.Hayward.Senior Planner Colonial Townehouses Cooperative & 3818 Pleasant Grove Z-1 5-96 Community Unit Plan & "C" Residential to "DM-1 Residential ........................................... "5K '> N 001 SIM M"M OW Mm M-0 .0 ry .............. M .......... ..... ...... .��'X3- HIS 11. .......... ........ PaVAI rl,05^11 ............ z 'M RON- N/m, MINE/ .. .......... CCRTIFICATC Of \MOAC= "VEY Font.M1014Av FW"Yv Aa G. Por.rr 4 A*^ G, Pooarr 9720 KcAsw+1T G4ltvt ROAO a14UAm N• i Oontrly C1 ' (AM�1►Ai 1110MIO4N I rORONP, - 3a1s P�[AO4►.T FuOr[•IlpAo F, Lct/►�,•Q(=MIrT10+11 1.Ahy1Ma \11TJNItwu •,'� .� - OO&KPICIN4 ON VW [AST 980T10N LI/(T 110VOBIE 996.5 Itrt a* h•t C}►0&f..; Or gcomip 319-M, R2Wt T*40406 C890561M1 3)b.0 rcav{ nc�r.0 AOO�Q�Ai •• 'b` �1 .b stcY t►dtuca uel 9 0.o r[cT TIsI1ct Sapr00a 21G.b r[[T To 'r s ) . itiiC.ry�4T COP 0[tINM1we, CITv Or LA//ital0a INO14AIA COVNTvq U16014AN. '"� '�• � • �'�.' `` . " � Noy°erg r%n/6• .L• t� m* /N7d5 R4C a70T_' 407 M v s ' •w fn IV E:iC'r PZEi95A/V T G/4,o' YF R0/1 Q • FouHU rporcATT Conx[A ���''�''� D S[T vnorcnrr Oo4vlu 1 W[ Ne41egiv OCATIry IMAT +C "V,% WAVCYCD 1:4f rn7rrJtTr.►egACIH OCCCIIIS[01 T44AT. Trig SYILDINGIR AND Iw RoVT11[NTS At SHOWN ARK [NTIIISLI .MIT"IN TM[ ►MOr[wTv LI14961 AND TII:T THItA[ AR[ MD VIIIIOL[ Pl1C►{0A0.*4tr4Tit ur0� T" ArovL O[601110RO' FROPERty, 97cC1_►T AS ll"afli 1104ION. - 149T[1 71416 PrPORT 10 roo WAt4jAdX ►UnPQlr4 ONi—T• NO PA001CATI C01/0i[nt *[Alt PLT, G%CLPT AS [t;Otivl, Ally 1T tHOULO IIOT at VOf,A TOO 91MILICH PDOrG`ITV J-In[A• ' UInel.la, 1tIOH4AA51 l3�aV[V Ns, C7ZiU6� rcl. CIVIL TxeultCn ♦ t;mwerem Q•T[I Lz�t[••nCR 2C, 1967' �o w r� NB C L� 1 I Colonial.Townehouses Cooperative & 3818 Pleasant Grove Z-15-96 Community Unit Plan & "C" Residential to "DM-1" Residential 041 �I0` •� - • L' T 'log ., 2 ;2 ♦,. ro a ? S. OO A 1�t 1 � Ir � _ S ° • �S ' 2 fERROL ST T' „• t a i a ,'•, •s •�.c sT•T,or. O� a ROO u. r,. -�-• rT, ... e ♦I� /' W k� _ • O • I - - JQa' C S 4 ] �' R �S T e� 20 a 'f� + i + i + i + r•. - :St \� 9ERN.I RO ST •11 ] - + r'4 30 `,f• j 1 If•. • O Q Q 4 0 CL 44 74 y 41 11�V,1 � •1 u+ H, 0 O° 17 "` \ - , ♦ , = r iz ,SOUT. wAOSwORTH �tell//P �� OR. 5, �� •'� - � � e ♦ r � � I is ��°a: u Iz a 1, 'r e �` •` •` \` \ Y ° e• e 3 0 6 e 7 e e e 9 9 0 ,'1 •2 9 3 9 4 9 3 9 6 9 TMI'll- l"', 0 0 .f t''• r Z-16-96 Southwest corner M.L. King, Jr. Blvd and Jolly Road GENERAL INFORMATION APPLICANT/OWNER: Mitchel and Michael Skory 1906 E. Miller Road Lansing, MI 48911 REQUESTED ACTION: Rezoning from "A" Single Family Residential District to "F" Commercial District EXISTING LAND USE: Vacant EXISTING ZONING: "A" Residential PROPERTY SIZE & SHAPE: 150 ft. by 300 ft. (1 . 03 acres) SURROUNDING LAND USE: N: Commercial S: Commercial E: Commercial W: Residential SURROUNDING ZONING: N: "F" Commercial S: "F" Commercial E: "F" Commercial W: "A" Residential MASTER PLAN DESIGNATION: The Southeast Area Comprehensive Plan, Future Land Use Map, designates the area south of Jolly Road and west of M.L. King Jr. Blvd as residential and commercial . APPLICANT' S PROPOSAL: The applicant has petitioned to rezone approximately one acre from "A" Residential District to "F" Commercial District. The subject property is west of and adjacent to the applicant' s current business establishment at 5100 South M.L. King, Jr. Blvd. The applicant is proposing to put up a small commercial building with approximately 6 stores and demolish two of three commercial buildings presently on the site. Page 2 Z-16-96 AGENCY RESPONSES AMERITECH: Please provide applicants with my name contact # and request them to provide Ameritech with a site plan when developed. This would aide in our provisioning of telephone service to the new building. ASSESSOR: No response received. ATTORNEY: No response received. BOARD OF WATER & LIGHT: ELECTRIC: Electric Customer Projects and Marketing Department tentatively approves this request for rezoning. We request the right for final approval pending review of electrical plans for the new commercial building. WATER: Water Technical Support/Distribution - No conflicts with rezone. Owner should get copy of site plan showing requested water services to water tech. as soon as they become available. BUILDING SAFETY: A demolition permit will be required to raze the existing commercial buildings on the site. Demolition permits are only issued to licensed demolition contractors . Please contact the City Clerks office for requirements specific to licensing demolition contractors . The pending project is subject to the City' s site review and building permit process . Please contact Christine Segerlind for additional information at 483 -4301 . CATA• No response received. CODE COMPLIANCE: No response received. CONSUMERS POWER COMPANY: No response received. CONTINENTAL CABLE VISION:No response received. DEVELOPMENT: No response received. FIRE MARSHALL: No objection. Pacfe 3 z-16-96 MDOT: No response received. PUBLIC SERVICE: See Transportation. TRANSPORTATION: The Transportation Division reserves the opportunity to review and comment on site development issues such as access, egress , driveway closures and consolidation as part of the plan review process . CASE HISTORY This property was annexed into the city in 1964 . ANALYSIS COMPATIBILITY WITH SURROUNDING LAND USE The property is adjacent to commercial land uses on three sides and, on the fourth (west side) , there exists a Board of Water and Light service building and a single family home on a large lot. The owner of the adjacent home sold the property to the petitioner and retained the 50 , wide piece behind the BWL property. The property will be developed in conjunction with the existing commercial corner. The property will then be redeveloped with the property at the intersection of two arterials and oriented toward the intersection. The Landscape, Screening and Buffering Ordinance requires buffering the proposed development from the residential property to the west. Sufficient space will need to be reserved for the necessary buffering, which will likely require the inclusion of fencing and plantings . With appropriate buffering, the proposed rezoning and development should reasonably fit in with the commercially developed intersection and the adjacent residential property. COMPLIANCE WITH MASTER PLAN The SouthWest Area Comprehensive Plan, designates the land area around the intersection of Jolly and King for commercial use. Also, the block face of M.L. King Blvd. south of Jolly to Ferley is designated for commercial use. It appears that the request is consistent with the Master Plan, especially when considering the proposed development will be oriented toward the intersection and is not just another separate development occurring down Jolly Road. IMPACT ON VEHICULAR AND PEDESTRIAN TRAFFIC Staff believes the proposed zone change can have a positive effect on traffic circulation at the Jolly/King intersection by allowing for the consolidation of curb cuts and moving them away from the intersection. The prospect of reducing the number of curb cuts Page 4 Z-16-96 will also benefit pedestrian circulation by eliminating some pedestrian and vehicular conflict points . IMPACT ON FUTURE PATTERNS OF DEVELOPMENT The orientation of the proposed development and its relationship to adjacent land uses does not necessarily promote commercial sprawl west along Jolly Road. The proposed commercial use of the subject property lines up well with the grocery store property to the north. The BWL service property also helps provide an edge to the commercially developed area. Therefore, the proposed zone change should not adversely impact the future pattern of development nor condemn the adjacent residential properties to a nonresidential future. SUMMARY • The requested rezoning may be compatible with the adjacent land uses with the inclusion of an appropriate Landscape, Screening and Buffering plan for the westerly property line. • The requested rezoning conforms to the Master Plan. • The requested rezoning and the resultant development should allow for increased vehicular and pedestrian traffic safety. • The requested rezoning and the resultant development is not anticipated to adversely impact the future development of the area. RECOMMENDATION Staff recommends approval of Z-16 -96 , with the understanding that there will be the need for an appropriate Landscape, Screening and Buffering plan for the westerly property line. k �.CLd W \ CD T V y •rr.�.. GQ �► r \(\� Q� ° l i.l 4 109rOP Yrl I r/Y7' �'� 0 i �---� --i 4r✓ronn 5irrl rr�7 I 1 1 N d 0 0 x O 4niv-fin v oorve'oae 7z -- I I ly � IIIr� k i ' J1a I ::i.:}•:ii}:•. •',YS'S. .0._�.:•t: xn;::y.;#;:5:}::rY{;:Si+::i?.:;r-:c:'::!c>l:'t::J?>"'.{,,FhY,;b'�r. ., •i(,. .n:;:.v::}::.ii:•i:. .. a.:,;i. ' N 3 ..ae{}' '!Sit:::i: .wf '�',, J:{•'•:•...•::'.:: ".� 2. ,:::��'}::a.5�.::'i:��S �'1{'fiSri"{;::::..._ .:'��+}" r::}•r.y .:.Gpyyyr} <'>r:;%:i:>;{. �".: N�.ly:•,�::.� <&�. �i... % ..�' 4v.k. •:r:: ,�::.� ..,?'�;n?r::}:. }+{'..K :ice'•;:;:;:is{•}::::::5•.e:• :r.,.S..:• .:�. '+'i:4 K?'•:•}}>}::: t:•.. ....::. .yr`�`+::;�••i;5;��p;r ..........._....... :iSS!{.:•:'!v i'.p..:y.Y.,r,{n';.:+•x:dkS';S:%,.;.;. .."�:}r..;;. y�aJ:�r�.}•.;•::•$::i>:5 ::::::i:v::Z}: }•:a::�.;.;•:. :� .. r•::%:"++'.. ........... .......q.,.;, -«.rm.: r.3D.>�e.•JS>}x••a!}ac;.;:G»•::} r}%x<ii{iifi:.:.;•:.:.."•::S}»e::1�4':S:%S::ns>':%%'< G%;yr.?,h e;.. .9 r}•r.:>.;„�;;,,;;,}rr^?5;•. + a.r roS}}.r:;S..;,"+. y :}}::'•:n•!22--:•::.. ,.{..x.;;,;,on i...,.:•5:;: •:a:: .>Y•,c{.• '•^•;::••e'•;:}...� xC"^":} .•. ...� +"`•,"• i`�}:: "rv}2•R:xpa�:k�a;.S,,.>::�k.; . •>•ri.;i}{: :> ,;{.qiy??%:. :..�;..i,x+.:•:::. !'•kk�i:%�Sy:'{rr,''•••+.'•;:`•.'•'�#%`5,:..,:%::i i:•.r..{ ,.r'�.;: �'r,.''{%S1xu•}r+.}»:•.2.S..:y.:.,:. .:,o::F,.y.:4::v;•;.•. •:.:y.}:;}.ry:';,n�.•y,`:::'••t.',VCS'.x.,r r.i 'Nr'rr:p>{•.ir:.; i:i'v%.;.. 2i:5'::Q,t,;;%:.}'+' {::},{::: , ;D!•y.:: tif•}..'�' :{.: :/.Y. .:Y:,: :ti:>%}il>.'iJ'%2(?::j24.,:.,}n,a':<iY,:^::W}i?'%fF::t9ti•.+fl:{.}}:i'Si'.!{.}: S•ur3:{rL:.:r.:::{{t,{}.S;>SS.{. .. . .a. ..�r, •��'':2 � r;..c:y:.;. t+::,;,;.;,: .:�r,"::::::x�: >.;:i::�.:. '.:#•r^Y..,.,...:�' :SS.y Yiy};r{.w:; >?yo•n?•s:;x>.:;{....a•:<''vR'°?`::::;i<%::::: ;�:. v:" :.:;•,'a'i:'xy::•• :;::•S;''{/.^ :.t.y:. ::::`.{r. •:{n.:rdS:»cyr�..r!.p.g: �{i.,;�s. '}�a.�.w}��r.<>}>.,{. ..:• .....;�,,,;J,r,,,t��/ �• ��' Jam! Sfy�,. f+�,• t ':. •..: .. ,,... ,p ... ar.}' ;'. >.:>•.W/ �,y;.!•r'rt'y�>Y.•:'•;r L v` .a,:;:{; .:+.. .. r' 3:•;.....:...t;{',............. `•::„,:n}.F .., ' �'?�tp v:+Sn?'fo.,w.wk:;:t:�r.::`•:.c..:..•:�;;r;+;; ..:..• .. y!;}. r:.:2Y;,:1r.j,rrr>..:{.;}:}:i.�?';•.:.' ; ;;;t;;axy.{•i6}z>.;�:pa:a.;• ;�::•::.. ''>,'0�?:::r:,ate •rr '? � 2•+Jr ;ty l � 1, 1y{%}.... •:�r•�4;!`b�,a<,.;�.�er.n;:::;:..�opx p� 1 �.. r„r�.. ,off,?tY�r,•9•G•;%,+{}a,>,a'�''":4;>G:;{,5,• � ;�;' `SNaX: r ar :y � �,;f xfi, n� �. .iyl!`•�;:'"'�.ac;7eeNp.�;Sr,.rl`+}?:}fi C;s:.n`ri'`f r;?. :'�/.J, #:� ',+}.(}' y..:. n,,;� .,{i'.,r•.{ •,,.,yaly.:,�Y.,>.Yr;.;•;#:y:3+,•:x..t:.•�Y lyyr�i;':': Q.t• } ••pcs:.. r{r y`rfit{;�:i!;'ry', +:;';:•i�}v��?l•::,>.�x�,ct<}„>}:�'y{� ;`{ ; { ''''i:r• /b•,/,1•�; •,y r aA +:•y t.n�'fr r'r ,, v r.:. r•J,,r .;�+,�,/.{,f/,/+lJ"�•'. y { �• 1;,N'•:.:::r}%}s S`F+ S}•T.;::�#;:y'•:SS::tr:;#:rr J,;.rn',r;'•i.;. �l J�r � 1,'°r•rr•"� y " f �r, ,"'t>, ,'1'' r(Y?x.''• " ..^,�:n r'' '1:''. ,"1+;c%:ni>,'..•�1•' r.i:';':'. r .1 S 1}.•/ 7' ,#fd+:.1 7 .{.r;};.;�;.:..,r..}. S'•'r?•> 7�i'r';."r:., 1�:r{ 1rr!•.,1f,n �.;;r.,yMY,?.+ �r{:+•.{'r,•,r+'J�'+:S{ ?•: 1/ '•• 1�; {;r' + ;!l.,+tiY.+'/!a':,.• y7• •R'a,F nc /' /' /r;'� �f#i'n:'•:'fr!/.'•:%;+:y,r`>:`:: '•+':}w'M1':+5 ':Sr;:.r:;;a{n!�;<: ��y�1`/1!/�.1' ;}'�/� p{n% ir.'•:�• i r ' t':Nib fr:.'t�^'.r�rn;f�C',:?•,•r' � :;5:>.::s���fn{,.{:n n>£aa� 't�v}.}.;:nr'•,•.•+:.xi'.':f}#:,,SS r+x+TP.•�Y.%�`?:" � f4+/hr�%i?� i �>+:r.; ..F �� Y sS'r ^r', /' Y J %/f9; y}•.:} ;+r,'• '/n' 1 { J ::.{.{{{;#"'t't '`'%:%;:%: ## >^ 14ai{,!7.:y5 ';�%S}: •%}�,.•,},. +"tSS'fi}:.xt:{,}+.• :�;:;�?„•`}"••.Y.•�}$!•:�1� � y nr,/7 •..}.2:}:{.,::�.'y".+fin• .)'::•.,�•?�:.. �{,�> ,htS} .:?�rr .rt:/ rr.<;;#F"iYS r•}}.r.•} ,•:it%•}}}:•+}::. +� $ /.+ .•�• /.,;�.•. S::c$;?ry;S MOM' ,,•3)i• ... 9.4.. :.r..r.Y:S. ,.in: '.,:;,'5+.,: �J/� rk?'••'?'•}iti•:,^.;`•::#i{.. a ���� n...;?�;,.:,•:{:•.'i:trr;Si}••,'. ....� f. r. ..;. :.}h}{. ,.rJ /;�.+. .{,r,; i:.;•}:�S>Sj•;5�'#S{ ,:2:;{;.;:;:;5+:'>,#{#;:yr.),3.'."; :avr.Jiljrti s;;sn:,.;.%S:vrpnr,:cr.$;;,5•,•,'`SS•:::;•r,:::'.!: :.:,:n• rflrirf rax}'sy aNk,' i:Yi••'}" :; ::::LL•kx:}:{,t.. r r{{?f,S:•:;2; ,. �/{it.,:�/rr• !!^✓.t•`.n ar!:Y..••.,,...:.,.;.;;..;;;.}:..;4.�:.,r/r:,p �, •f� �# •{}:\•::,",}.;:r:.. r} ';{;•.m}.4,;Ccyw;2>;;};;.,ti;•!r<,.•{::.;;•..<;.5:•SS .•.Sh:rt}4y:A;?:�#Yf•r� 1.n{:,y;1f.•,}r.;,}.}•y:t{q+'{ r•}{J,.,},p:r.:iY.#:;::#,r, 1 rr�}n!'�:'Yii r}tii::iyi"' i""i'i✓' r�'"yS•Y'•L.•{{::.}y y:tn}iit'%�:}'':•:n:w:v:':n' {;}{}x;}::.t+,•3:;,.ny:,•r fro;;{}. .:{.•+r•r1!y,i'.•F,ry:n,S<:<•S:{{h};::n•:!a.J •,+ /r+1Y :. ••:y{:;•`•.,@• 'tS.}:•a'+> •.::<S:S•{ta:!SSf:f%%::•:.};,,.• ::: ii.::+rr}S.'r:•y::?;�'•'{!�r'' ?S:�.%iaDr.<;x•:}};f:):f';c?.a,'.Y.:};.fS/r};:;:#..c�{Yr}.�fr.;r•:�':.;,;�:r..y.f,.�#v�?MINOR; � N,:y'�r•IIIxnr;l1?:1r•i{:;?i;nt,'�:.;:•.}u.y,�;.K•Yr.p!•,Lfi::�2:.{}�.:}:;r�}.}ri.:r•�:':i'}�lw;f:+.}'i>;,{.rif.+}#:�n::."y,M1.•}!•'.�,.r:;::;:,{•F,,!::,;' 1rYr.r",..•',rru't{f4'1':$�..^?;9.Jrr�S,•Y;•}}xf�/Gy'}.•yt}{��+?••,{•:}:J.:<r."h+.:S;i�t;;+2'>+:°..�^.�C;}}r:f r';E S.'S;i<•.,%.,,S,},S:'••.'y•v�:,..pr/,'�+rr'•.,�t.r..'i�,c�!.i,ry,,n..?}r�•• ;•w;�•,.^$••C:f,•}r•�5}:i+,r,,£..•;•`:i•n•,:v�:<•}:;%a#.,:+i':`{;`r::•:,+>.:v>?;::p;{r:•;/}}f:+:f.rr?•:7:>r.i:.Y:;:,f{!n{•:%;j;r..�r:,/rSr+<;S:}7.r:S }•:>r•::•;:•..:; t:.. 'f'r'''n'd'•� .n.`/!!G',• :t; �r!r "{�:r' .v:,'rr. >n.,i?:;•x:�k '•%?':>i�% r Win.<•:•.t r iy '• rS4.r:,r,. .:},: r!,';[$'t;::;;,' .3e!:'{2} �n,,�v{ S� /{•{.:.n}.:y::.:. ri••r. :: $,r'',"^{• .;�,r.{'•,ry'•S ':��;,r`+':;•.,y�fir ;a!';%� r �r,,d,;.,, .•5;�'�, 'tr.:+;SSr•+\`'}'�.% G.} ''•,':•`}�,r•%;%:l:r•+SS'.:., .,:R•:••: �:?i#'':S•', ...n.�>:rJ.++.2.5}B:y:S:+�.;S�.r,,,;�3 a,�r'r{'�h' ,.ny}4;f}:. /'•t4.e }..r. ::;w�fr�n.,: r' .�••`:•.,K,• ;:}rry}:}r,.:r/:/,a; . .;}./r ,�fy, •• •{/.;y.;yy,:•,{.y;.,y:."r::.• rr %1t'• ,r.�� ,x+:./' r✓•2'1; .wY >}.• r.: •;} ' '+::..v K: :.•::,;,;. n••• 4••Y+r'.',p nr r`S••:•C•:+:;i•:{}:.:?�# t /•p,{+'{rfi••ir}... y.•:. '>:f"� •}. !af;:!:r }w,:ii>;'.:::,;? rri:S: 1� ,rox:..,.,b^Sy};ryrt;.:•::}}:.}}:�lfi:'or{��,t•,�',2;��/r,.:' ' >•rrc;c:lf,. •{:•,;}':{ n>t!Y,; ;n/•',, o;} •'S•+ .}•:. /'t%r ; ;;v,;,�2t#:::Y',.. 6 ,+}•+. „r:::i'+x• •,r•;:. "'{y.• .)F; •9!1}r r,. /�+;'.•+r�''r' •,••;itlf.,+,•Sa;v{:{• ,>,•y, 9 ,t i �y;A +':;:•}:•::•}:;^}S. ,,>,;,,•:i^�• •",..:" >:•;yp:,/••,,:11&.•'r.^/•<•� ,', .•: 2 'q' ?ri•r r::•,•:%:: '•y} � y!; ..:'} , # �. %�;.; {:.,,>.':..};{,�;'•'; � rt./'' /y'/} •irflif r trS:a� ';. � � ,r.,,.,:}rr,.}. ;r:a.",•S,C,.r,S•YSy++'y$'{y�1p,: .>'a'"''::}::S,;fT`••> .;•/;.h' ':' ••n.}}.r) fi4'f'� A.:/Y},#: .rl r,t;,;;r.}:k :{•r. ,;r?�{.. :. ;9% ,i{G::y/}.:r:;S ,y:�o� r'��:YF'+•t v.} : � '4..vr.;r,In•;n/� {i�,r''n}'� }n'\i4T:':''ri...✓r^r r�.:{/�•}i���!. r,. ha;k,;';•;r +ld{3. >'?;•• y:#f;;t..�y y'•. ?•`., 1.+.r // :,�:•q:�.{ri'r,;:!'FF, rr• r/, a..�6;r.• +.}n:•i., .,"':? •.fi!:r.4?S>•��` ,3; 1, ya..#. .!riry,...% t�#¢4: ...5+1:?�::. ,;,GfS.1;!,o-+r/;>i•::..:r t}S?�, ,•Y:#�•�h:>.;:;.;:,:;�:iS: ,6:.. , •::.• ri}':?;%y•,r R r.:{{{•'}..i ,{Y Y�,' fit.h?}•.v;}� r •:r.:�� r.,; t•>1•YFl •}Y> „y..; 4.a,:,}•..,r. .: ::•}. ? ;S2;f• .r frX 'f':•:.n• :h•,�fi +-?,.r� +°{r n•„Jr.,;,.:2"'!. }'. p / .+f !/.;rn: ae•::);ru'•'::•}r �:;;G,; ,L,1.:'{}`'ir.'h:S:f•;i; #t!r,.;{/.Co{rr,.,?+:r;S.}:y:{G,.'i':,.}: :{::67!: :m.',�^n.!,%n:} i^ ':h?..::kr.�?�.'+���,s�;..�..",�y:>.,'rrtk�;#,:�.l.:x?.�;;;:�•S:..b'+•.,h•',w.•+c•:,.........fi.F.,S`......:.{r.�.::.r. ::.:.d+">' ......�:.... :?i^• ..;.�f;;. ..; Y ;Y3i;'sif�F;:4: ;.?pia, q::; - `�ry. •v3::'•} ?ian+:• �^ti::;;•:,}}r:.i .yw ;?.;•. y± ..n¢'•.:•:rsi y�:::::.::.: f',?• fvw....,.. ''r f - :.+;::±4;:;:'r:> ;,xk y.,,,:. +o-:•.;p•??,'• :"t{.f;::ii^;•C'X:,r' •r•},: / fir'?•'.•r.•rx"tf;:r;: :dn: '.�9}:.M,,. %i��-.;.ro''ti' :{%r:':�`:>'t�?}t+:: Yrr•irr:?• •%{F.;.; 9:y::�..:a" xi.p %'i'm':.M�• ,f;. .. ';.j;t-: :+•:::-''a '> �}"F r:C• i:%•►, :;. ..F •+,.?S:2f•. :.•i•+'f..T>•.�:;a::.:/'...... r Ps Ngi ... •... i»x!X�eajoeA ... & `•x:Y. ,.{.•Aoiy :. rr•r.±.-.•.; ..: ..••rw rr J 1/.•4.'>.i ; .:.. MY^ ^. .Z.:::$u>:.:•'}:: •:r•> ,f},,, }R; !ram;}•.'' /a!y1. 'rs.f°"1r;y'•';°c'•`�`•; y'Y.w�Y�2�r .' :}.::.,rs:.•.. s:�iw ... y. }?. •1?F':•?::.�:rb„t,•,.y' ;n:r+•::t•zr�v`/aar•,yy,.r^^^.a� ., - .�:nr w.a�Jc•'}wa.r>c{prrx''v'u .f -•;:aA"•s '.of�1r-'•F�fi Yi�'7i%o'.J'.:r'c,3•`•{e>a •�'..q. a.•. ha id±�.a'a} T,:�•`'•::�. ?::br.% .�Y. iw..Sow:v.b aw :uw. :,�w:ww.>�f>Y i r, +y,'.�',•.•1.•>.'•r#'r:-'•:X•.Y.f'.:. 'a..s>±, .T».,::•9....'+ia.. r•• :.:.±..,,,,,,,, �Ji `n+>1;.?.y,..Tf•}r/r::T••'�;x'ffr9L'•%�'.w,wF:•k;''?�,✓'f`..:r<:"<r%"'1o3'i''c�'�°°°M"'°° . 'srrx p 6 7> /1!T.•,•r,:. ,. :o6eetm '^.:.. ..::.....,, .,:.: r»Y%'•;'✓. :ir(;G}il.,'/• .3✓ 3 y ? Qr"'Yeo'.�.'! 2'.�.'.'w^�•o} -^^"%i....'`r4%'r?.>..;:;::{?•:;??,'•, ;r.;F:`''.;•{F.?,;:r a..,' y�„" a. +ft2cf>ye'ir. •:. r::.r. ;%•}"";r:^r�{,,,`. r'7>'+X'!!D,??i`G,'•::,t;•; %v.•n. �2 i;r•...{.:..r1i?"r ;f•...% KI;; +.%+%:a:•'ff`f•:f;?::::::± ..la±>°'"' ,�,,."yn.•.�.•:.-�/.�`' {.±'�'tY°.' '.,Oy(>.'104Fa riiyi•%,F�4,l,,aa:f �.�f rar; YY"^a±a' +f<.:,..n) rflrrHiif{;?tl�Jr4`•'' �' iO;H a. .........'a:rONE nI•: /. • +c•>/x,.r�.. •r' f aaYoyr00'�'` F..';' :`?ra:;::•Y!:rfw•f/> .'.;f^ S,s�if - vi.��'.'`�•••/Yr'.r?a7' . :Yi.A? .:ifr hF:?'%"•Y t;•3••;Tf+c'y<y;G,',`•a.•:^-'•}•' :. 'Srq:...i••r.::r::}}t•„r.:.y :;.;#>.krfF'r \�'+..}J,:`J..:. r::r,•?^,':,Xyr ./•Y,,rye .ct;r;':;r.'?{y.;,.}�a.:�:CT. ...:a :tr1.•r;rr.,:}• rf:'•��•+3:;::}.{yyt{.;;af.'•;..rr?:.•Y•:t�.}..•,y.f}?k��:. y:r.•::.{..�: Y:•.y>rr,;x . :.r';?,ra�•�Y•`..c:;. :a}na.•: ',•4'•`:Tv:S ;.•)rJ.+ r'.•!,''a%•r: ':�•!f%:.v f.y;f.;>,f;,.,:;..•{r}:•r,.},:}•c�n••:4.�c: .4><.i"'r�:•y,.��,;{.:rr;a>.,•::: r., ::rrlrr•:. :ic.C,•.. •.:ca{f:Ye` ,.'+'.F,•o•:{f.:o.,Nfv',:4 `•:., ,'2. 1 ;\ay^xv`^ xr.'d.:..'r. '".ysav?,'fy,%�{rf:.;{•: ?}+".[^ .r•r...,s%.;X2 n'f:Fi±++ur:::S• 'ryy•• i4:.. nr:::,r.;;+•a,.,.:.,.s1 x. :f f+:'•':•'•.'n-:?{:', ::rr:.,x:•F' a t�+:F:; ±.rfaT}F:r::��:f.::F.,:.}f •:..S :a •y.•a.• ;4 v,frj•. r 1?• •:•r•: •3r:...:;. a:. ..x.?r;: ME NOW ••}}irfi•'.^.vr. .:.yf{.,.:�.:un:{?lylr,::. ,�[ryry .,,.`,fayy,�. ,.{�;. is T..,):��:•:}';}rfr•i:•: ::;$,.•!;:•f,:• w!•::f{��'+::. 2: .rt.: /�1;�•+:; ,;r.•�.5,'. ,;�,'!`:yF.,'`:�.,r�': s:>;f 'fr'fr�"fJ v{;a•.:.%y.;;`??.� {;.;{{: :cf?{,':.:: r}'f%'F:F: F:'t::f�`•:>:::n).r/?#:Y'?r :a:?...,;r/.n?:? v:07��.'r9a!•«,.. :��.,.i#•:,�r.::v' a:R;}�f6t.':3:.':,.::t•..ir:••::.,�;rf, ";.;f,F.,'•:•ir..•:•r:-: .vrF{,,.,w,.;;{i.:af...+r:::f;.s•.'::,N::,#,` •.,air r,,.,y, .:?%�.�r'•yr,.cfnR:f}fr±•...t:l ?P'�•,• ..:/1.,;.; ::rs?).;f•`l:'+r• :.F F:. 't`L'•:'dti:;:@.`'n`v.•r?+::::• •2:f�::'•�frr a:.. :?FIY?:i±h ..K f.:/,•';i:YTi}�F:!j FJi?:atn,, $•, \':. :C Gif?{:";i?%i{'ii .: rt}..'Ff:::•ic#?•%�::?:i;: •r.ry...,f wr•:.r� , :•!!:%ff.. a:.�'f.•;r.;•�a R'ria.,�R:=.!:£•%>':lf:'�vr } .,:C;.i:;?.::a i'a;,R4•:f: � .Y r;�;: :3.•:ar:oyi?•i•:}.::C•:::.:. ..,r�'o/.•;{!:.:.?%}X•;.F•+.fy.';»b...?•.1...:;:.?,:vF3N•r�%yd?G±`;ff'.'f .. 2" •s: •S+, �rf+o};: YF::y:aY{,.?f•1.rr?:o}:n::}r}::�t:tr'ii'n`•:+,•'•.•,•.h:{r,{: .n•I,;::•i'�:•l::•r},^.fC4,�.'; a'f:::.:}.;:+±f $� :ir}r;r.t;; •%} v%l'r,:;: >r;•:-}'^?:r{.:?:{}t;F•.;:r{.;r,.Trr:.r:!ti?:yS;}i Fr:FF?S:% ti.,,,.:i +.:.,✓-....;, Cre„ ..r..;ri+r:•) f .?. •,:f r. .,.r:f:•:•v•r-:::...., ^ - .:...,.,.....:..::Fy±,>,}:;.; i•::•:•v rr:i:•:t?{} X' :.?,td.-.,}?fo.;1?f.::rxx..{.{.;;.,.:::r.},'�'xa:.Fn:::n}gin%':.^•:}:•:.F•{.;sy..;•:%r::� ..,.y.,.�' Y.r r� ', '' :,t:a>•y}Tr,1'•y:;''�r.• l:: ;;tr/.l,Fri.?afr,.iy;;/......:..:.::•}:.}tp,✓,yt'•;}r:;:{::;±:::f:%:::;;i.;•:r••.t r..-.a.: .,io::;4,ic?:�2..,�;;;.,;.'hhr: 9fy.•':+':;�::•fi}:?;,?tkf f.,[;�;':. r f'. '' .:.'f''r�%vir}i>}r:ii.':,f...v r.:f. ?., x:';}.�•S;': r:.r...•.•f r e, ..v.:::.;{,.,y,..f..rr•.{a:..:' .:•..?:::::,. .r::.. ::1:"?i';::".?'rt':+::+•:::.....;;fr.•+L'YS?>•-•:::::..a.:}:a}:•: •.::t .... ..Y{::.±rr:••..... .,{}y','.�;frf�3?;;[.f:::!:{�i';'Yy;',':+f'2''vf•';:',':';'s •r:f r ::±•Ir±:•`:•}x•?r}iS+.aS:•:X'>:a}r•},.:;::•. :...r...... ;• ...v}r:arry,.T}}.. r:n,;:4:^'::r..:., ±2 is:}}$}n::.•:�''+L.`.:•:, :.v/•rf:?•Y. .1...:•:nv::�r.?.}�{{1.a,�S?:•iF:;::}:;::;:F•:F:{>$�'::Y�r,.ay:.}}}x:•'.'±,f�.�1,..:,?r.{>.;....•r:. ::•:?:'.�:i•:+ , :a:v:v::::::.} ::.}T.?•::v:,'fY.a. fip.�'y^:a'a:++.::fT:;:rrL!a:.•?.':a^.:,.r..:ifjk+::f;j�C. ::f,?;!.{...:..$.:x:::r•.vh:•r':+�[;% +.:::?fy:.:}vf:•?:.'i.:•v..a'f:::•.v:.}a::nuv.,: •ti, ':'��: .^.:•' ..frY. :..vf•}:;•:r:?:... ' // r �..' m::,':?:r'.'::vr'::."i:Q>.: ::�ri::v.+ �. ..,•.•f..../..... ..•...,f,.;}:?f.?/.;;;{..},.^r�::a::y,; }rr:::.x:n•.vri?.}'r:.:iii?f1^?fw.:{::?ta.:;tiat}. ..y,•:Gff N.••:f+rf ;r.{f;yf{.^r.,,:•^•::: �•'•:..., :......�..:..:::r:r. ^.: ..,. .. +::.v .%:t::::. •. {.�:x::�'^}rr'ir:fi;?•:]4'a?::L:•:::::::.yy�i::}:%'r""?...}::n:::::rvna?..' :'�*��{^::?Y::'Lr::±•} .;S?ryi}:t:,+.}:`•F:•'•'.4{:+:±±?tf•%•rf::j?:r,�>:is�i:::}r!::±v}}i:f..,}{K::.::•.::a:.. .....:::+.<.!. ................:. % c:.' .. ty'r 4o n,'$• .a?S: i;yc;>.;Si«:�«'` ... r.: r:.� �. ..:::c�..:?; '.:y�Cff1r: fit'. '.4 •j�: ±;r�{':.'•Frs::rF:w'fSi.{ ?Y 11. i ' ? �''r• ;!�.fyr;,.:yi':/':yi., � F •Fn%'.y�y j!.;:••`•�'• .'P0 w$r'.''' �'''' 'NF•,f/{r�. Y'i:f,:r: ,2 :r'ry�`..�}y;r;. .:. :r:::ti;;•:.;:T} i% / ' '< � 1"r% '•'••±'•:E•r. CC F f3.''•F'.C:� �.:.:.�E. r,•f,.T;{: 2 •r::F;%F�)y-�;,.{�.t;f:?-.',};.:.i,Syt::.. :n ,1.•<., {,,�•?':.. ,/.•..^J:yr.::;:;:'J�,• .� ..# ;;f. %<>:f:•:•F+r.^ ..r:..� ��tfr!f /.•..r:r�c• .•f/.•..;a••iii•: r•/,<. .�t+3.:i :•r•orr%x:sr:�i:�>�z�t?:F��.a.?:..ere..... f "f}' `.2.;;!::,;;.?{:✓S%cqr.'ay;.:G`lr':�<,c,,'rf1r,.Xdfr.Y.:r. yy��{�i4"Y�•,rJ.;��n.:.%:c,}r rwi•.`.a:±::X �fffr:�s���r2 :.Tf..... kri�':f •X•x: rr ,r. , .r• `'.`+% o.?'�.:F?/.•. %tw<.:}%.f:?:•::�.,r:;,., .,,t:,;,•.,. ...pw�>ir:.;%::::«±q;: r.. h'i ryW�fj:rrfF:: 5;I•:aY• :%i'j:•; }::':�'rr r:�•:f�. .{ :I:.±:?..:.:�v.�a,.n{ r->Y,r/...;{/Yr .'Y'?';t:�;:•:S�+i:>',`.a r,±�"+•} •:'±x�>:'%::%�'s.'A"f.°V>'%. .'l.;lt�. s2r.�i:'Z,c;�r..'.:'.:'"w:^F'r.^•.fi� :r: :ab?n.....:...r•:•Tw'�',+•: : w• OODDOYY1h?:r?.:. .......'. "•%::_}..:p..,ai:[+. :.:. . CY. .AL,{S{;Y..:r±YiYN.+Y%?:r±...aivr±•'fL. Dom}. :-•. .r.'.'N.�:!.w+.aav ry;.,. '�:FNv;;+.{;:Y:, F:>.f+✓:.r::;'. ;;:;ye6tt;:,yMg:!:;Yy9f}: •f• '.Fy.•�tf:%±2;:3'•:� w • .. .., ... f,.f!<»•r.:w'<• 1'rf'Y'/r} ;;.v<yyf;..r. fJ+.r ?y. :• ;j;{}rr;iy.; I / +.;foy,•t�+r f::.;.,v„:+ r r,/JiT.vrr•,rrfy 1,.!-�.?rYj?{:•':!;f.'t�^}/,1�Fyr��•,eff,•rf�/�i/i �?y1`;!>f;Y'•�;as fry ,,..•,,':{} ::;n2;o / i:•r`1`rr1.r,y1�a •ya• '?^F`Y r2•'rl•v'+.t;f?'.,::.,•{.gr.,{ff+ 1rr/oN?"1J. {:.r .fr/.,•.,.r�?`?Y;?ff. • ar;/,'' ��' r6r'/gff>f1 ?. g,lp.,rF7• (>;.,.,,.:y%,C..,,,�;.:}'1,.?+;:a1•',J. rl!r F'>r:oM)Y;f •?'/l�%'f°r!�• �/r.:. n!�i:Si1. � � � „`� / rJ,a': �Y... t•f�.. r�i i:!/.jFTr.1F�?,pfrr,fJriY.S•,:::1'r;±�+,•:C}"+i>}fi{6F"/N" .. 1:�'y;' rG'r: ,,,fi Y¢,'• •r.T'f,}y^`'G.x;�/''` .,:,>'.r�aSy`•'#�f:f??{�:Y;yr�i�vn'#„� `}`.`'irf.�i'�%'r�:'�u. �� F:r 1,9t i^'1i�rN/, [:`'r�{t•^y',✓,`f'^h fir•/rN;•'y/�r;3?• ��,% �J;fc�yy ry r r •!+r ' %'/.. }Y.^„{s'•w:![•:•fi'"`%;r;;•'%:r 7.;`" 1;{r .f%H;;• / A''tf r N 3r: yb>.}, h'i.Y•,nrrT:;, -r�ir: ,1'+%/ kj; ;� %j'•'anr,r•r ,/ ; �/ n A2?�,t�`,'•i2 .•r' �s' {'�,•..Y.S6''#•2��/ a:3f%••:{y;�p[J''' rjf "w�� rr /r� �� .?fw.aft`J�elrfx,-,>/r'•`''„{"9>0{. •S.o.;idY„l :rir.r/,� Y r r� 1 i / {t•"' 1"< ff.,• ±ry%'s"f fins+�F1 r � /•' / � 1� .?/.`r"y,>>.i,::.;;ri.2 •�.j' r ;i•!,w^ �f.+�Yv�yfi�{"''.r'.r?,a,{:;'rf�^';`�''.�`. 1 1�J1� J.e f f f�• / /'d' Y 1, :i ;C.b',%?' r: �/7: r. - �• r< f/j� 47l a -g:+k ••�y'�Y.:'i./ `y�i.�, t: ri{ge<i�`,�^ ;F � 1:'% i •/;vr •a¢,r;.r'�'-. a fi%Slt�`f+fa n x 3 �ri:Y•'r�r i?: r r` :/j1 �'S.}u: {f �,�7 +� r j��� s � ,r 'i r.ya�'f:?:f1f:P'jr.:^ fJ.• •l?I<Y�/ �' , r f 1 r• 'f.'G `.'�'1• �f• ,$ .. [yr¢�'".•1r•:by. 1 !:�}rR:•:•i;:1r::�;%%: J .f '�• ^ ' ;.F.'y;Y,{fL•. r.'.j%frSim%9-y%rar Ff%.�ti '.l•,`'!:f ''�/,% ' / i � .'•[/• '�}'• /•9',`}.y�E•>!�'�";�%'�+��x��'..:•,.w,a. ::;�:.•y'.,.;.v.�;. ,�?{�ar�j�'2 ;ygy-C. r • , l a', v$srn�2•••y w•``:r'.r� rj;�yNSr.:.:.y..2•v/h r%? r "'`'���� :./•�f; f /}f ?+`�,Lr!"��::>�:;>.>�L7.,>i' ,�v�jv�'YW�X:fa. ,yf.C%4Y #p!�':f'�; { lb?,;}:�i,1' YiG f{j¢ �� f Yr�� vi .! 5. � r� Y't1/,'''r''^"^}%lfC.'y ,�{r;•'�.L{+ •rn•:i f �/ .rr ?. s1 r !,."N?::)�'r' 6'r.;iF2.; J 1 fyJ :,��j a•f;�?i fs� i9�!, 1 y Q¢' )• � �F.p?r• ,.;yX�.y,:.. .//.•%i.'l•:�Vrc�:r f�;� r �y ''%Y�;;;':y r '��,•.•','jy ,'rC�f i 4�{`'�''?��:`'w;.?f%�.��:y /r:,:.. r ,l r % ?�'� Ri•tY•r3 Y°.•7 :N•rr• �•9 i%:�4;''.•L:>',r}rY�:na: J �)iF�/lr:At'• /� e'•%A?y'/^'•�fY w�,>.�' / 1r•;.:X r�r:::yi f...;pyrf :,')'• f n3•'' A .°/• y,+r y..;• ?.•��'' ;�5,'{�•?,!i'�;f:;,±+://�: ,f ORTFL Z-16-96 Southwest corner M.L. King, Jr. Blvd and Jolly Road /2 875.6 FA 1 /7 G 865.5 76.8 6 I 863.4. / 3 877. WALL �1 xp• iRE 877.9 E71rT �� �78 20 A M& ova/ ❑ a PgOP0540 D�toLiTto+J 876.5 79 To OE- ki R N P KING Vim!' t IT 878.8 • 676.5 .B - r '7 /9 r� ,2 /2 14 f a / LS-10-96 Paqe 1 110, 112 & 114 E. Kilborn Street GENERAL INFORMATION APPLICANT: Donald and Veronica Wilson 210 Strathmore Road Lansing, Michigan STATUS OF APPLICANT: Owner REQUESTED ACTION: Lot Split EXISTING LAND USE: Single/Multiple Family Residential EXISTING ZONING: "D-1" Professional Office PROPOSED ZONING: Same PROPERTY SIZE & SHAPE: 99' x 132' (13,068 sq. ft.) SURROUNDING LAND USE: N: Single/Multiple Family Residential S: Office/Parking E: Single Family Residential W: Office SURROUNDING ZONING: N: "D-1" Professional Office S: "D-1" Professional Office E: "D-1" Professional Office W: "D-1" Professional Office MASTER PLAN DESIGNATION: The River Island Comprehensive Plan denotes this area as Professional Office. CASE HISTORY: This property was subject to BZA-3419-96, where the applicant proposed to divide and sell the property commonly known as 110, 112 & 114 E. Kilborn Street. 110, 112 & 114 E. Kilborn Street will have side yards measuring 9.5', 5.2' and 6.8 respectively for the principle structures and 2.2', 1.3' and 1.2' respectively for the accessory structures. Section 1260.07 of the Zoning Code requires one minimum side yard LS-10-96 Page 2 110. 112 & 114 E. Kilborn Street setback of 10', therefor variances of .5', 4.8' and 3.2' were approved for the respective principle structures and 7.8', 8.7' and 8.8' respectively for the accessory structures. SPECIFIC INFORMATION Backaround Information The applicant is proposing to divide and sell the property commonly known as 110, 112 & 114 E. Kilborn Street. These three principle structures are all located on a single parcel (PPN# 3301-09-408-221) within the "D-1" Professional Office District. This parcel measures 99' x 132' and contains approximately 13,068 sq. ft. The owner has submitted a lot split application to divide this parcel into three separate lots measuring approximately 33' in width. The subdivision regulations require 60' wide lots, therefore a variance to the regulation is requested for approximately 27' In lot width for each lot. ANALYSIS Location Size and Character The size of the structures are approximately 1,200 fee and are used as single and two family structures. The applicant is not proposing to increase the density of the structures, but 114 Kilborn Street will be used for Professional Office and Single Family Residential. The lots fronting onto Kilborn Street are comparable to this lot in lot area and shape. These units are all zoned "D-1" Professional Office, but used for single and two family residential. Nearly all of them do not conform to side yard setback requirements. No significant change in the outward appearance of the structures will occur. Vehicular and Pedestrian Traffic Section 1284.13 of the Zoning Code requires two parking spaces for single family residential units, four for two family residential and 1 for every 200 sq. ft. of usable office floor area. It may be difficult for any of these properties to individually satisfy the office parking requirements. There are at least two parking spaces on each potential site with two being fully accessible. More likely, the use may relate better to a home occupation type of use. The proposed splitting of this parcel should not have an adverse impact on vehicular and/or pedestrian traffic. LS-10-96 Page 3 110, 112 & 114 E. Kilborn Street Summary Currently there are three principle buildings existing on the single lot. This property was issued side yard setback variances constant with the lot split request under BZA-3419-96. Numerous structures within the area do not comply with side yard setback requirements. There is no adverse impact on vehicular and/or pedestrian traffic. It may be difficult for any of these properties to individually satisfy the office parking requirements. There are at least two parking spaces on each potential site with two being fully accessible. More likely, the use may relate better to a home occupation type of use. The lot split will allow the property owner to sell the structures individually. Recommendation Based on the analysis of the layout of adjacent lots and practical restrictions, staff recommends approving the requested lot split for 110, 112 & 114 E. Kilborn Street., D:0ATAIWPERFEC7ILS-10-96WPD Prepared by: Steven L. Hayward, Planner ri.+?•. \q�' 'Fire �•r -�v+�:``:•.'�� MOW Of5;...ir: i.;3'' .!F' �•a:�. ,f:!�':'':i:•}:ii:n '•: u{?}iv'ii;; .:j..•..�i{:i {}:?i}! r`� �,:"r .,:yi .•..:w� �.Y}.t;<i:» »:,t•:.i'� t•{.' .C:'•,•`:h::::r�.. ...}.. s�n!L..:. n..•:l'x.�` 'F:.`:'". x.:f:':o;chj:w%.?tA.........- :':e:'.;�:'i�::':a %}:••�r:; 7°;,'., �Ft+^,`s:'Y,. Jj ,i,.,rn:;`!i2 y: Yk''�':ak? :R',��:{� +::3�3::•.!t,. ..:<.. .....{:;, : ,!::'::':A�:�; .:�:�i 'y3.•rs};;�}':3�\" �'r, ,{$y;ear;?f}::::.��irt: ?` <'y iaili,: ':'}a? .,;a:..,{.::.:;• `,+:ySy��.,•y��.Y''� `': '��''`.,z;.?�:,`;� �f� +v}3 }'°Y:%if,'.}' i.� .'Ji'. :•\•..:: :i;:„e,+Ji ': yr �'j1,(a� e>. i.>:Y + 'C \:?0. n'Jl: ::,n:s{?-f...:..+"�iOfL'•'-Y�•'H '� ..{%•' \ aM :.�i. �Y a ra%::r i.. \7,`a'��,�,-{• ...,i,n; .-y,,.;21-::' •. :. •.t `S_2i_,,.{\t;;:!?;;+;�:}a•:.�-�fo��'�.{:•{,'•'}.. r,�: �^.'' . �•' ' `'• \:pia: ,�/�•,;:rir:: .c� ��,t:,'�:?,; r•••. 5.,;:..» t .« n it a ��;.;',, . •i;: ,r •: ..;J{`f•-••a• ;•:�.]•�•.•:. t� •,!:z- ,,,,:. °"a'.a:. �S';:,',�{�.i::. x .a':x?S��a�i.:�ity .,4,A^c • _.}.'�:: '� •:::"' yy.- ,si};!� ...tea t 1 {o/„��{,�_ .4}C;i•?•?`.. .'+�. .�.:.a•{r ix grit' `: i`�S•. •.d •' rw' is%: 3:ti�>{:x:, ' yi {{.t i !C31?bf'^ •Y'# }.. .'Sr'• �'�• "'!.?J.�6.. .A r/�5} :f� �{^M1 } S�y4'ty' J::+'} +3.k• :�'th �M+>' 4,„ J+ {: .y .:..+C y3C; ^� `f,:: :Jl.'.:. ro,};,xgl.-y"::�•h}�3:is ,'t`?4';,�: '.r'J:`; -f. •y;d!'::i;.x'�•r +�•�. '+',s �^.';-{3: ti ):.py,•�•gf+:.ayy.n..•', :$; In. , `'a:s s f �?{•: �T?-\�>1 9\ 9i h .'' is '• + p :;?•:< 7 S}p•: CGS �•,, ifs " QY • _avae•x�+o arm• -.- y��.�"�S.n`�arb � . ��•• { ,� � �\ �,� .. ..a y ; \'fit.c}Frl}./ror• .p,;sn' MNayi�>�g.� S 2-..: r.}n \M+ \'�+K,^- r����'{'•«:..i.:t�,5 3 .. ' !}i'%JN 1r�•y!>X` i �, to ,`'-}'j .... 4.�j1'y.'Sf$:• ":v `�;S•.!;'ix'•f..:F3,:., .,w'�`•r....n ::.... ...... ...... •.,,. •:o';:i %{f;?:ry {r __ '> >�; .::{r:/+"r°�•i%{>!'fl`'.y'•'''Y••- ..tC .. ,'+�k?i°bo"... 't w.x,;.i. �i�N!;.S��KN •:..11e>,7e�%n:a:,. FJ.^ +f.. n. :, f r'�•%?{.:.4�:::•-':::: ..............:i:iY.... q,}i:r A'} !W>:vw:`r•F;>� .. . Ywf{..`.•,:...`/... FR?:iyY?:yi;i•.'•::!tt{\,+•-:.\•?:. +. , •.i}„'f:- {yc;:)::}.'i'•vrx{tii:::i,,v}:: i•,{`.`�-:,\,k��`,'a�::ihi::t°;yt::�':,••S.'•';•}%:7/'i?�i;f:,:o::.:::.-: �J p rra�':'•::yr,F.f.;+'+.J\:S.�i:.'.\ \.\ }l,4'fy I.•::::....,.,. .. ..:.rrFr":'YF'tfl�'3$>`'J,�i.'�r•:., a.'a�a;;:{i}::.a�x5•:.y„i1•�\ ���•-.x�:- • ..F K,YaW F �/i/�,`f� lF/,�1•[%?? .F•{ mow,:' %i»:;�:... r w {r S•�Yp, �;ryan5 +J{ -. s.\ i .�,` •• > � ry 'fi;::'i sj`c::?.� �. Yi 11 r.i7J a. }•w-Q x k -Ca� � ,r �• .:::.i:: f,�,F;4 4 f�§y. 1� 3j�!/�'�'{doe w: ..r1i::}''A A x �,. :. - a. a•r 3. '8� �&.: ,,�,.'ti l`��i`.},,.>. >>''9y}�,3;h,d.� : � Y•, � '+,)',`..' '}c' �• Y ^a R�y�. .r, {,H o�xQ �➢b F .-.� .. °•- r4i•,,•'a..'% vJ' ,.�-�F�•'rf :}}ti':hv.•%: "'Y.r fh. ah.;. K-v.:.;;:..,. •:v±f.S' '�};,•.;'\'- •fff. 'riri�i�l,,�,:�,v:'- �. H" :. ,;'fi'i:bi:+:•.'. :3.. ::tA,.:^f::: aa1b. $T?.,{ .y,:.:..,;kr,..'-:. .; .,. nr::: :t;..�. ;:y�''iJ,+J-'• {xc:: ;-: ..}...�;4::r{. �i. \�.y�.'��k°n,Y;-�:.:.r,�yr!4q, .iris-'h` Y'ti5y :•. �;;:3:�?S:}r} "•:�1::??.t:F•'FiY.;:. ';rN.'^:•�:. �,'A�ti.'-2;x;•{;-}. ':$�,T'.? :;.{:,• •\�,v�.;;.},�:p. Fv-� �.S„;.:3;.;i: S /sf�`;•,n.::; .r.r?`•xi> - x R:.r \,'i' � nYFS�Y.' .��Sf.: ?:j:>• �A•: ` �f. a�>:•.�}Xi�;�vN'..',�':�<:�f', ?�t��"'� .4h"„ �}� �`Jf,. .�Y:N IY� �34'... � �{:: yS.'�is.;'.•f,' :� � v:-!':}wt;i..':4.•` f Ark -•%R�•: h''i. y{r•^F,�y.,• {;:�. .`i\%t?ti;• .,S'y.l ., e -:'�{• ,YiV.rv• '}i�,''. l %`�f'+i'J.-' 3j, •-•�+x.'vk:.Y.'-: w�'{. � 4�::;.; , ;':::, t �':.•'is£.il •:,.a'!} r; ,._ 'FO . i-<• t�?{9fc%� ::•ni:;r.�i?,: `��'�.� :.. 3F:J ). yivg Fi... ?n .'3W" q ii 'Y^"5,:;' i}:fv y.},{;, 1;. \ .•. :{ ':-?{ f ' Al;.'•:;3R.%.,.. �.: ;:Yai�'•��; : >•}r..xy> •?fi�9�i;:.>y }:y y ,\\�:f,...i�,� /.»' 4;':<:� >;4i,;.-yl.a•.'r."i•%fi t::.;;:.,:,>x} yii;oi, �::\:.+a\.�' /:.:'/. { y� ,y�'r` _.N..:y.. i� ;.fit; .•C:: p 9'.i:.. 'ixr...}�'i .. ''+ ::�c'.: :;}J7:}:•-• :. `3y..,.y::r.'�sy 2-.v :•ix'':... o:; T..;,;. 4.:..}}rr{:f%>:;7�.\>• fir,• ,ri�,rti'7.c!i��%l�`v4+.;:y.: ' ;1�?.?0.•'.('.�"'�V� '�c}' .aa�,,:, .;.. .Y� '{.. ��l J:. �,,..�fo-' � •�. �Jt' r} ,Y• '.: fy,,.;v .,�..r {.v`' 't' .4`} ¢c!{ v ,.5ti- t},f'x• o; ; ri 1 "O\a'C•`1• F�;3:x'' rFKM i 3.v2. �ci•�P� �:ir.y,:r..Y.>'N 'n 22}.a. t:2. 3y .. :i\•. �;,'�r" :1. »;3:. rf•F �. MdiaK. {,f�,t'i}. .::.<' ��''+.?C �:i1.<?%l 'i.'' �•p$�.'ik: �ir.:: <`::}.:::.{::`:>�'a.+r {:::�r�>}'•:�:,,y`:}�Y\•y`.}- \: �f+J..r .•:y{:i 1. :'R,•:{. :I.S};+r. /A':S .:1p;:.:n ,S� .n.5-r :r!:• •i.;lvY,.�:{;{t't• '�.,•ltr:r..i:Jcu-.v .J:�-':��a/•-;� -: •.,i y y��$� ;:�i'�c•�x:: ya, ti�ifY:: `�%••'{r:f::v-?' :Y.. '�%:%,-•:Yi r�:..�.!r„ :Y•,{x i::•1;>:y� y/���i Y. :/.vR,{j:Y'.nl..�:.; fw/,n.,! 'f ...•Yt:�. J .,+�C'-`-',' •.a'.-{�:{-: .� ..a� :l�:S,F..3;. :.. N!!;.y4 ..O vt}...t4. :A':-. i.:tL.�/,{+ v{.y:x!:: �A},iip:j{`Y✓htr•'.': \'1 ti{ !f/r.;. s Vic:. '.< :•;.. ::':fl':+nr%Xi,'c;}::tiiy!••.;;°•,• r{S• ,'•^ 'z�.^- r ) r Ska .} 2, #�. :.»s? .n.... tf s-' -•- .?•.r.,G.. ..,./•- �::3:•X;�1i�s.j:`':%h•'N �.•.. .,:v�x.;y;fF .f•{ ..i:' }�`3S/rr '1•S :?:O.:i. •S:i�;i:Y,••. {>.v:.} .,{tt'.+-+q.:.{x?,.C::.-'+�...: .:f. h•.�ivUi•.i3'.:. v\.-.,ld'• ,y+AM''+.•{Y?!!?i';F '•� YJ• /.: r'',;, � Yj � �' x : ;:::}.. :ty \ 1�# �{'+r YJ I. :>:{� ::ii''J�\:?k�6 F, ., � - ,it��.;::�F• S '.1�k ��'.{6s,�"\\.+�{,\'�ut:;� %�1 }}3..\-a ..f- :{.:y ..y -..Yi k�;�. r:?�r:��y'+''•S,':!•!/. �,,Y Fw.,c- � ff •h;`;� '\ +a\� � tea}•^3 :<•r �'•r. {r.;?;g; •�.' ,.f.? :r: ?, ::.i.ifif••:r•::r•. ..f..�... .:. .:;Yj. �h�:;' ,w�.:;»"v'` rJ,c'/, :� `' ;':: :: r, � .,. .^:arr...:' '4 :..#• r 4 F s:•-�"..,-?;:%;k".:::>�i:%<.}:� �':'� \ \}•. FF.:rxJl{ 6:, i:::•:. :\;f:' F rt;:y:i}-::h { ... x..�:;..!n.{.::ii; ::q:.-.. ,£ rf' i. �, •3ia�3\tlr,:. ;{f{J1,.r..:./..i.....: .l. .:{.;: f,,{"{"'frC :;r..:{:•}::.> :a?{.y,, `''' ^{a,• :Sr: ,^';.:.i:t?::::•�:{6i:S:'r+.r. r!}+,if, S::/.•: 4f i1.�?::�1 of-..v vv\"• ...f:. fa?.: } F N,FaJ ..{-. .•x:::.:t.}:-:: vk..",r^v^v' :>=♦$,•at5;::.:y'�p a:r'i;:{:::..._•\ , :,F ., :�. ?:l:t ;?-:+,'.'. � :#};•}y•.••+ :.:x. •;'s:x:aka:?>;�:.x:::r,'i{.;;f•Y,-r.'2;•:}F3'''C;Y�F�. �' .�.. 'vk�c:^'%?ts)4k::�fi.:%:: ' :-,',Q;::t; .:f}•:,n..:;}., ,.,tr:., ✓i`-::}yi•J.� .. 'i ,: - .. - , :::x.;•..3,y .n... �y fi's:�h�..rr.+F!;%{r,:i: ,%i:" ,;;;t{„ ..,;,{' :r'y{:ha}•:}},,.,il- I.,f,: ;�:g .:•->}}{.; ::v?r`bn! %:3:::>< :%`_.>}t:,s ., ;:n,..:. .�.,.L.• ;i,5 •.�:-n.,::•h.::{:i: 4a• `t: r/: r sxY {� >a 'Xk s r�tci' n •:, §?�F l:i b-:<''%2�3a{. c'�s'�'"��,t+�!:�1.': :_„r1, ..a' {• .:+71' :�c?%r. %�: r�-;a.3'a,- r''r,.; :':. 4.,0?••:... :s:�vM1;•.. .ta}r ,'lJ,t } : :i�.'•:'t:: r ;�..9� - " �$t�•. y:.':' .. �ni'+ .ix.>.:.•i:. .�.,.F:>•.�{.i; ��: 'Ja�:;;q,� ::%: -itY.iq:'" /: ':3.;• +1��"�'A:• ��:. y'4Y��Y: .�' :.,_:... t•�.tvr::� ..Atii iYA(��/... >) }f i.+�r: :�} •%it:}r �!$yi' }i� !r ,r�;;ri?'.. .: '{.K�F.+r. . .,.. • !;. 3� 'v/::... ;i:�r;'', ::^f:i' :.;,�`•i.;,.t%fq�%:�!%Y-� -•`A ,;i,,.;,.9': ��' , fY ii: ` ..L •F Jam. :F a<{V. r 3 •Y3 �` :,�}�ii',; :• q \ J�F•Y::-..:• �,t� r,ryh�, {, � » ,a:•';ri.'"� r�? �f r�Y:r" •;:y-.{:. f: f Y G $' � at; 'YyrFJ "��`' �'�.':.,{ �{:'::,:'}•„2>s%:":"t{ •{i^:r:1D•': �/ - /// •!•kAs% v �i ram, .Ty�Y±'rx'S�?'.r y �t't-�`;S�:n,•.,•'\':.�•-\ '\�'•'L�i�. ,yv "r':,'1�, 'r:'•.'�': •{'{ k:} r:y•:{:•'{{,:\y ?w'r{31.:'i.i>£2,F,!{ ''k�-`•;.;".}:•ti\r as>,.J.�.'c; � ":>• -{;,yam i _� J �k »\?yic.i:4!ff:.?3N�:{' .:.,-....•..n '-r y„> Y \. j•�.s;,`••..••.:> - + 'HrF'!,• .n4.:b..?:.,;,..:-n.}h::'.: ....: .5•i!i5':?':'"''`'" .4.yr.• :+�`.'.{a'.-:+.::}::,.::?:.:::::n. ,< ix•1:e•-h: .:,y:`• `::: '�.'r' -,y�:;iyi<,},; {::l'�`i,`:<'.'•:' =h./'� .::,u.`.. nR. ...u{:}.•;;::.; :•}•x.:a :.x,'^�.tWw,-�rrt>}}}:}:::y}:c:.i{} �% riy 'YJl'F•/:., Y!i'•Yx•}:�xi rF:.,�c:..ti•:•+,;i,:':.. \\>.::r•;ii'aY,::�'•ii �Y y,/ w/ 4{...... f:: - ..:.t,.rit4 :+%-}:fjx' :' �{.ih?>-\-•v. k;a.ai - �.}:ib:., .:.yJ"r; i�.; - >f�'y ::.•: i�� �:..... � �}iN'• .?;si: ' n rf...."Woolly J! F l n:n;.:;.:. iir•,+1,• :::.:,;,.af:CC:4•• 'w F -..:r. .ham v{Y, J. �.'!�'�v hYYa�y�",• r ,: :}wL+GY}}}?'v,':r.:h•. ':�:'•]}:`.. ^91(,I y�~'<r.',�M,Y„594.001�M?»9DM�l?"�':::;r':,MKff rN.. n„f'{R"}::r, y..y.Ynx•:�. }:.,}. •F,y:. L{q Y"tp W µ[iA',>•f'f+ •�`f�.t,.vtG.{in:}v,•,.. y� wAi' /•y?hy.:y:.i f 2?•''''si 4' r 1 r�afF•'yr:,aat '.,�r'.:,1.�:% :,<ri3t'�'t�<)rf` ..L��;vi '•' f'A'i•:•'.;;riFrFij.Ji ySr `�`';y'. Yr `M:kx-*9k?fir>n �.rrji;+`•::•¢ ` >d:¢!cC.:h•• 4 {n lr iss':.i.'>3� •rc.? �:{?�•o%4�.i�.';J;•} MM .; roy �3. t • So— FRO '?.+`' :::?'},'•:'•..r:.:..-..tyj�•'l•4:•.+3 :}; "' .{:fY:: iL'{•:x,.S.- ii.;y:+!r r"i{ '•FS :E S;y'>.'�.x•1}'-rr�k�4.•+;.\,t.�3h 4 ,v.�f:::;:::;k{•}'r::}i{x.:4i+i%ry•�'r>:i•: f \A i;: ri'i•Rt •}.;:y::fx'tfi;;;,}}Y"' :>i%:jrr,r.. ^:.k: x•.lt ,t.•\ ::i•YYfhJ:ri{h?H}t$:.• f!�>f'Al: :fy�.. F• `.a'd::} ,.4.;l::Sff:;ri:?•'f:i{.. ..:7.3 , ..........::ti:�;;i;::;'%� ,; :rr:.•r;: u;n::•}sat ?:: ::.v..:...:•::: ......... ..............:.... v, !.. Y.'W:r.:.w:•4~:-.: ; ,Sn}lt '• }V�}:;} :{fj•,':'+::..:�;,::.;}...�,tx.'X'.. ...t.::::...\C-•ts..•`+. .>}; .:Yt.::-:.:<r':sy:;-:} '::i";xt;•-:5y::•a,:....:::-.::. .}f•4;{:.}:.tr-:•Y:' .h. i•J:'':45;::,•f:„:;•}}rt.•t:4\ :•+i:;:,>{:EE.',�'.:r/.?,} rthsY::•::. }::}.:,;.q:..::•'•r:.:,:... .�N..''.d:K +: :;..9•:' !3.t�:.•.,j�:. ::i:k:?$f:'::{;}.•lt:.;•,•.:v.... >ryis ..:}::3?? x:: :x•":'n•,•.'::w\rry.. .�}4;kr�:!ttt•:s: •kv: ,.nf>;J''. ::;;y+;-.;ee,.y}`oi?; :J,;f?t3::•. v;f.F•.: 3 v. ,;.�::5>^.,f:`: .,.}�;>;c::, w"f:•: £:.,3•:oR:;:.:. t:3\%•f:;"' :..,5.r.:,ur^, {,.,{. : <"a: •f";f•.f• •::...,.. :\4tt,.c:Y.. : .o+�;.•,,, ... •;-::. :,•�.' ....+:...},. ....... fit, 3 '':.iFtak:a!�t},thx•.:i+xf:'. %:r;; ,:Y`, E`f: ;•:Y'.}.. -�w{:t't;,•.yyaw'::`��,.� Cr>;o-f '�.^:'�,�. .:: �;;^;:.r:•}x•}i�kiv�\ '�cR't{:. xr ..4;zr .:'.i%f':;.;'•.E�� �, h:.. < •YrF.;t•av\•. �•:J,k'•S:tAf;:rt: F:>{t:::•}::i}tr�4 f>+fk4}r::i:.}:%}x •:? {k3:i:.}-.•.:..: - y.{. .r} ....... ..:.:.. :•}}kk}.•Sy..},,,.,. .:\, .. . .-:.:..:::.,. .; :i.: ,friY'.f....•k� �,. .,;:,v°Y•:.t.. Y:.�... - :s?brk,i'!.::.., :r,.?Sy�.3+k::;k: .,l•,!r.,,. t ♦ 4,ta;•• •;•f. S••a".'i':':::}..':.•D;::iit;;:4fh K:%tom'• s:!'k ' >• "`;1:':;4::i$•r:::i :.. .,'r, ::Tnf,•>.<`<:%br:•::::-::...,.. :;;:i. o-;A-RH.),xi//.b:.k••�sja;px+....::::.:.:; :'.•4?3. ;t .. ..:,.......... f.,........ .. .E ....:. : ....... .........,.. .. :. .......«..... : .:.�:�.k:. •:Ss::�i:;fv{.•'::y;�%!+ii+ t...:S;•::'i,,f•;t ;fi; �i:;::'.. .. .... ...::: �-r.;;•.Ek, r. ;F5"` .•a,.....:sts,�.;;}:{;s•.;}}:.};:..:.;.:;fC;..>.,:a+•.' '�n::ri.�s-� s••k rt....... •:.......:.,,.:....{:aw:•:{•s:;.x<;-::::.. ... :..:.,.,..,.::..:.::-'r}:.. �'. 4„ '•.;,o. 44..\.':4hu:...,.:,J K+j� x t.J• .... .. ............... ::. N:.�... .....m}::+^: �. •YaO:iM.,,4, ..,,.'rv. :Jx.i ryy M'•:.' • ..t..............t......::.::.....,....:.: ...t::n...... .. - . •f.:}..�.. ..J:3}'» :y:::: ..k•:.•-.s:,;is�:x,;•t;?•fk••: ;..:T .:s.+.:•lh.y. l l..x.v.n.•.:::n.......::.:.:.•::vrav:�. ......,..::..:: .:::..........::v::::::•:- T.v :: .. ..:>}::::.}r� `Yt;k' •.k�^ 'i, .';`.: x.f:sr::.'k.•','• •.;. f .`<;;A:n::r:}: r9}. '.y:K`••t'>'t. "Y'' Sty, �;t3.;:L:" S:}}rn / f ye%ry fi �2• 4 am 'Y? x \ �'��. ' r�} •x3. . +� ttrj a.'{� 3'�y�:;•fi�4>a.V� °4,J'6 $ y�^,g` :�df}!f fit. Yaa�� (,.y fy''�'• q..� �;i,aY>'y / apt ",,>,•-ti.... y - } r'r4i Stsktx^ '3'••}�?•'t�i`,.?',.,a /JESR'. r' '°� au n .c t,;y�4 t ♦'ty f'{' x� j J ;r arE#:,�'//;� j! > }.S 9ik/'y% F..}„- t'•ti44 4rf.. _ _ E i=Yft f3.tY fif> f f�r, f iRfr1% lF t k? ♦ ♦ w f:w?rk :'my't;'.': n i \ }: ,��Db➢J;y;, •m a:Gy bSEf• `fi:X> •. .}f.fR�sr/`Jn .' <Y-,../•�>:',•'C•'•;:> �_:%•r:>,'!'''{. .> : f?:`::.t v '"v+�^'c\''. }r fi r/••;' y.c4:>>f+�",c7s.•3{:... ,;M1t•:ct'.'•:x�t'.:.,,., ;};p•,:ai...:k%{.>.'}�•{T,{S; .:tlf•< ,:'; }<>3+: ''`.'•: r:�:: w r -tyh S.. ;o' do 3 k :",'l °-fif}- :'`' °�FiO.F�:• '���`:3'•.a:•..3}}:}'i::{}{.:rf';a:.yi3'•::...{:..•. » /r>F.::-.. .: t„�' }.i;;fa�'` .<. s't r,:`'rtrY3- ;;r%f: 4Y}`: '.�,5,'.�fCl:?fo::>•.;'%:;:.:i�':r.,::i`.�maf}tt.:.:. ,+, y Y .... :yer+!•�tr.'•:'X•Y�r:-r,"•;. %✓::':Tlf3:!9.'•?:8? :E%o%«::'�}"�'!ffi:•TEk»-::{.��:�•;;'. ,.. ,�yf..:-�;l..r.._ h :���='=`� -. ..:: �>,: '�,��,�" ikr•.;;?•:,::::'f•'rrx�1`>�:: 13'fx>, 3'El•?LT': I1r ��� � ,/.. ;'j:+i. �':�"'kE;:f'`{,�' � :'J"t'.' 1•{fr::.: r9c? !n ;tiv... S'4::Stft�.k > rr: T.•r,r %;rl.'fsk :fi'•tE;,f::;r:•r.•ii�f..:}}} •:::..:..... ;:?:};,c:••rJYf:,•:fHitr' ^�f. . ...`;�\.}4:;5 }{?ntKS>�•t" ;}f�'F,•` -. x'•„>/}'f: r•,k.•+:3%:•a:.:':. r .rr:?:%»•Y: '= .;.}. r?u :�3*. f >. :_: r +' Y�f.`.�'.}7C•.. :k{.:{:Ssss.:::::•:::.::.f:•sr},i ...-�.fi"''.:a•.�tf%. :'f,i..;::3r♦'L:�•S::fl:.•.?a<;;'r�.2w::.,u.J...: '::-kk�v�.Q:�:;<::'.'%r jyrrty':{:-'�.},.S%g_i::' rcv.. �jY�ff;•}'+:•:Y'x;•-S,'Q.O.••}3}`v#f<f.':', °;�,?" ' !a - �y •:F C{ r:J.,..r..:............: 5. m':> '.E,:Sr.f'i5:;:•'r<%- St'' :�r':':'r?.:. •t,fiat.- '"v fr✓ . xf j, _ -;/.•rr..,:•'Yty,.tk}:oi;'.<;it;:if:'t;•,ra}+ 'l:"'-.;/.5:.�+;:f;f> r;t n;;y'"-.;,. {t:offs;4.tY�. �••: 1 :v.k �£.n,: Sea •E}x�{.',:y.i,T:-.-.,;�.;{j. , �\r-$.3} ��:;f::'• 'J ::-a k- ,.:.a•T:.:.. k,1} '::r4••-"'>'k kf ..5�:t: k::�:�•a;;ti..�r�� � ��8� :'iii .I �� S3N'I�� (( :5;:;'1•htrr/,:.<r't: 3•,.' {. '✓ ...r•::::::::i%: � '$;y.;:;;;.,,. +,�+4.:. �l a. Q' {.:' tlJ }",� .... `;.4-y.:n. ;i{•%:.gjN `. S?:vi.f• Q ,i`th,! Z f".'f y:`^4'�k• r..,.y(r�},+,�-3/;p VAN . to , �, ;j}�.;';:•.;4t4;{;::y+�yt����/ ,.yx,% VAN NEW > FAV J'[ '� i�)Y• iY+t' }Rr f:/>l,. Fi; f y t f r x',xa'• ;f.;iv •jv}k}sf:•: .... y,. r ga,,.,��4 '0w, ;;;c>:C• ;.:�J{��{k�;%�":�. -m::y,•.-.X� %t t.,,3•,�4y�-}�4��/ �.:: - p�A,'':i».'}.�' :;/•'y;a%•- f=fa, r. f..'/.!•St.... .,;{.;k;'{3: •. sG:•:f'/f>�'f.�, N 7 1s'Yr...Jr ��',`tr '..5.. ::�;a�..:\ ."^'••f.�P.s'?�.:=:3SL: .n.� a•:c::::... .,..~~a,.:.v-.4. •31r;iYni:::?: '•:t'.Sn Jtan#.`:" iC:::r};`3'3,..n.:'•}-::•{.a`2.1.•.:• :.:,• -.:.:: .xyi:•:Y:•Si:.:: ::::: :.: :....::. :.:��i ? :....;r}.r,...f i:v�yif•. ..fiy}<:';=k: nfr::w.•.;r '.f':3"fsJ?,...r :::fivJS'�...;S,evtE;�4`.}t •:iyr,.r,,,;;)z.. . . :::.�N).e,T.e.D� f<�:. :y;/;},{3 rF 9:w"r.'•3',riY !�}},t '' -s• Yf •s3 r ''i` +y 0_ �t •r!oi rryrlf'�5,_ r'k' 3 :y9 n' •he*»rif?°k\.Z41 3!/•r!/'x�` _ ADoa�fE :E r.E•si, '•}>:::y/. 9 „--c �c•' oX A?Jr! ,f•y:}::;}k»»Y 'ai. ;•J.,•;.q;.•-;cxt J'Xr::•�"�r;fr-.•::ti:.r:!Gi�,�•:�r, ;r"•. y� 3r S f \t,2�e+•yh4+)4 �•!-:::�:; Ao➢ :os•.rw msrR: :r> §1Sf•f '?` Ynr, n 7%rf tt ¢4'Oi.S'>'+�♦�, •fr#'l::r.4.:>n: :../r?vif.F¢3h }J ..; Y}k:i,:(a3h}%n> :'t'tC::..•,:{tY;i{$:--hr•>••rii^�. .. _ .y;ygad»"^' f f �}}•f:i7 rf : ysx'.+;.,f..,fi^fi,.:::.Fr34 • : ko ++•,♦,�•", � � � +f i:�}�r .,''�'/7{Gy ..... ar SY•.\ �s t}3,,�, ..r r ti. r/ tf� f 3 ! d,'tty x4r 9XGD)�g3u %�yn`S JM}�r.'fGt' � ,���t.r>•� 4 - }rr.t ;::i:'::•}>i':i<;:,:..y}..-;?if{vy �11fJJJ��� a 9 S _ kY4fi}ff"4}•f• - vt sae h T' b h f� ::S:a „n7l4 \_ j'4 fr - -`A n�it •:s:.�?!,�gy' j'f':a>~ J[tf�a y v 'hc,. '33'JS' •Y ONE f 4V�:{ri...., ;' �f yY.rY J,'f ��{/f }+fr.vw,t'7>1J1i'`i�.! V �`�•f'{d`t Elm �rffi.,.,k.�t✓,:iix�; ..:. .g.;' ..•:>:-. x?:.. r .a. .'"tiff •Y . 09,05I1996 151( FROIt FRED WHITE ENGINEERING TO 4836.036 ._ P. 02 suRVEYOR's MORTGAGE REPORT - For: FYanklin Street C mmunity uousing Co-OP P.O. lox 11146 110-114 E. Kilbourn Lariei.ng' Ric l-agan Lansirx3.% Michigan Legal Description: (As Furnished) The North 132 feet Of "Lot 5 and the_North 132 feet of the West 112 of Lot M, Block 43n Original tslat., City of'L rt$ing:• Ingham County 5' h Z .d 7' 33' • gyp• 1 '. r2..8• 12-O'.'. _ 12.0' 5, • W 1S s o o 1a.3' o N GARAGE N - . ' '•:._m rr o V _ 'a' 1 (GP, I' :i im LOT 4 LOT bi VEt.lvE �o J /Q / .-- ..... .. CIE I az• tom• a roof. '72 X ' 9S b PORCH 2 STORY N 10.5• 1 1 FRAME 1 RESIICE { IZ ♦ 2 STORY.• 3'i E STORY "i 1 6.0' t M RE81DE?JCE:.a •FRAME itESMENCE 1 b 1 MI/J 4.8 s.z 1w`r 20. r= t PORCH PORCH 1 _ 1 « H i I ._ •N STREET t1PrE 33• SIDEWALK -"KILSORN STREET We hereby•eenIfy that we have sup the property herein described:thst the tnilld(rtgs.upon aptrP desCnPed shown are entirety within the property Ones;and that there are no vis'bfe . Par property,except az shown hereoft wag performed for mortgage purposes only.Dknensfons'tfoat.tiouindarY.ttnes tolmprcr+einerns Note:This document lines-Fences,(if any) T :ocr Pope Ones are In- am approoccWjate and should not tx used to establish property t.q i erttlled boundary ts?tCeded:to tended to tndlcate that these fences are on a n8@i the boundary fines of this parse accvratety-dofine the Cmlts of this parcel. FREDWHI[TE ENGINEERING COMPANY ou as K. ar son. L. =#31603 2300 f Ivrih Grand River Avenue survey No. 921069"' . tarlsiri9.MICh Ian 489OG Date Septenj),etZ:2 1992 Phone 517 AC 321-7111 B7A 3419 .96 NORTH 110, 112 & 114 E. KILBORN ST. to to olt NON NNN ' lit 115 119 125 1J1 133 13 V STREET 110 112 . 114 124 128• 130 132 134 ,n rn NN 1gN ; 16 18 ONN � I Q Q - z ; :n I z01ZI 05N °61 p1 0 1 119 ' W. OAKL AND i :� "`� p I _ i t — � 0 A - ' � ''I _ 1 '� a _ r _ I �, j I ti �i r V — � I � ',� 7 I. f _ _ I - � - _ � —•-t-r, . _ - _ _ _ r �. - - ,�_ _ ! r _ t d I 'i.� � j' - — _ �t ' r;is� � _ � _ I_ � r 6- I'r. ' � r � f' — • , ,` � i � r I �,, - - � ,�� r _ _ �_,y r , ' � ; � r ' _ - _ ! — -- __ — _ h, 1 �FF" .. 1 ... � �} I r, . ,7 � __. I r r. � - - � ( r _ i, - - r � r. � - � r _. ' i I .. � - �f !.. I � i .. � _ �. ._ �_ _ � -- .,mil' _ �� � _ _ r APPROVED 010497 WITH ONE CORRECTION Pg 12 Ln-9.22"Pos 3.65"Mr.Greiner said we have sDone... DRAFT TO CLERK 01/10/97 APPROVED 01/14/97 TO CLERK 013097 Minutes of the Regular Meeting LANSING PLANNING BOARD 7 p.m., City Council Chambers Tenth Floor, Lansing City Hall 124 West Michigan Avenue ; TUESDAY, DECEMBER 3, 1996 1. OPENING SESSION - - Chairman Garry Goolsby called the meeting to order at 7 p.m. A. Roll Call. Present: Goolsby, Greiner, LeBlanc, Nischan, Ruge; five members present; two vacancies; 1 absence. Ex officio councilmembers Lilly, Allen; not in attendance. 1. Excused Absence 2. Introductions Eleanor Love,Planning Manager,introduced staff present:William C.Rieske, Principal Planner; Steve Hayward, Donna Wynant, and Doris Witherspoon, Senior Planners; and Louise H. Christian, Planning Board Secretary. 2. APPROVAL OF AGENDA. Approved as printed. 3. COMMUNICATIONS - 1997 Meeting Dates. 4. HEARINGS A. SLU-9-96, 925 Stanley Street, Cellular Tower on Park Land Doris M.Witherspoon,Senior Planner,presented the case,a request for a special land use for a 150-foot-tall monopole cellular tower and single-story equipment building at 925 Stanley Street, on park land in the West Side Park. This case requires three different approvals. The Board of Zoning Appeals approved a variance on November 14; it is before the Planning Board tonight for a special land use; and also for an Act 285 review because of its location on park land. The River Island Plan designates the land for residential use. Mr. Ruge asked about the Board of Water and Light facility next to where the tower is proposed. Ms. Witherspoon referred to a letter from BWL, which stated that the building is used to house maintenance equipment. JIM KIEFER, WITH THE LAW FIRM DYKEMA GOSSETT, 800 MICHIGAN NATIONAL TOWER, REPRESENTING AIRTOUCH PLANNING BOARD MINUTES DECEMBER 3, 1996 Page 2 JIM KIEFER, WITH THE LAW FIRM DYKEMA GOSSETT, 800 MICHIGAN NATIONAL TOWER, REPRESENTING AIRTOUCH CELLULAR. Doris Beck of AirTouch Cellular is here also. The informational packet you have gives background about the company and the cellphone technology. We provide cellular technology to all types of users. The use is changing from business use to individuals;also to emergency users such as fire,police,public safety and emergency vehicles. More monopoles are required to provide better service to the area. We are regulated by the FCC,which mandates that we provide the highest level of service. We have worked very closely with the engineers to determine the best locations for the monopoles. We think this is an ideal location in the northwest corner of West Side Park. (Mr. Kiefer displayed a graphic to the Board and to the audience.) The site requires Act 285 approval because it is located on city land, and Board of Zoning Appeals approval for a height variance,because 150 feet plus 5 feet for the antennas is higher than permitted height for the area. The BZA has given approval, conditional upon the special land use approval and the Act 285 approval. The land is zoned`B"residential. We think this is truly an ideal site location. It does not interfere with the area or with the residential uses. It is consistent with the zoning code and is harmonious with the area. Mr. Greiner asked if the antenna pole and building are to be fenced in, and if a new building is proposed to be constructed to house the equipment? Mr. Kiefer said yes, it will be a prefabricated 12 ft. x 26 ft. building. Mr. Greiner asked about the possibility of using the BWL building already located there? Ms. Beck said she inquired about it,but the matter has not been resolved. She will follow up with BWL prior to the case coming before the Zoning and Ordinance Committee on December 11, 1996. Mr. Ruge asked if AirTouch Cellular has long-range plans for the Lansing area for placement of other cellular towers. Ms. Beck said one additional tower is located at US-127 and I-69 in the Frandor area. That is the only one in the long-range plan. "I contacted Channel Six. I always go to a tall structure first. If they can't allow us, I start looking for something else." Mr. Ruge asked when is the other tower planned. Ms. Beck said as soon as I can get it in. This is through `97. That is the only one in 1997. Mr. Ruge asked if there is any problem with planting shrubbery around the facility; Ms. Beck said it came up at the Board of Zoning Appeals meeting; it was included in the recommendation. Mr. Nischan asked if guy wires will be attached; Ms. Beck said no, it will be self- supporting. PLANNING BOARD MINUTES DECEMBER 3, 1996 Page 3 DIANE BRITT,919 DURANT,LANSING. My concern is that several large trees would have to be removed. What kinds of safety and health issues are there in terms of erecting a tower like this. Also the tower might interfere with telephone answering machines in the area. Ms. Beck said,regarding the trees,there are two little trees. If they do have to come out,we will replace them. In the cellular industry,there are no reports of interference with answering machines or with television. It is not a problem. We are on very high frequency and low power, less than a microwave or a television set. Ms. Britt said she was concerned with interference with use and enjoyment of the park by the people. Ms. Love said we have had experience with microwave towers that General Motors th AM put in, and several other microwavethe city, and of Science and1Technology�Bulletin There is a technical report of the Federal office 97,that addresses potential health hazards. M radio waves had the most impact drawsIt conclusions because lack on of hard evidence, but it does state that A human environment and ecology. The microwave tower of General Motors puts out less wattage than a standard 700-watt d radio towerse the cellular crowave ovn in your home. towerOf the three, is the most microwave towers, cellular towers an innocuous of the three. You are welcome to look at the information we have in our office regarding this issue. Chairman Goolsby announced the conclusion of the hearing and the referral of SLU- 9-96, 925 Stanley Street, Cellular Tower/Act-23-96, Westside Park, Cellular Tower on Park Land, to the Zoning and Ordinance Committee, meeting tg n Wedom, esday N, December 11, 1996 at 4 p.m. in the Planning OffConference Washington Square. B. SLU-10-96, 510 W. Willow Street, Residential Care Facility Donna J. Wynant presented the case, a request by Dimensions of Life, currently at 3320 W. Saginaw, to establish a residential care facility at 510 W. Willow Street, which is currently licensed for up to 40 senior citizen women. The special land use permit,which is required for this type of use in a residential district,would be licensed for up to 45 women in domiciliary care, a type of transitional housing. They would be receiving room and board and a whole variety of social services types of programs. The property has residential zoning. The site is over an acre in size. Facilities are available to serve the site. One thing unique about the site is that there are four overlapping neighborhood groups,which have all been notified;a comment was made by the Downtown Neighborhood Association. This is not considered permanent PLANNING BOARD MINUTES DECEMBER 31 1996 Page 4 housing; it is not a shelter but rather a type of transitional housing. The clients have chemical dependencies; their stay would be about five weeks. Mr.Nischan asked what is the issue that requires the special land use. Ms. Wynant said it is a different population,a new use of the site,and we did not find any record of a special land use permit being issued. It may predate the zoning ordinance. Ms. Wynant said it is nonconforming;Ms. Love said it is also nonconforming because it is in the"C"Residential District. There have been no problems with police; it is in very good condition structurally, clean and well-managed. Ms. LeBlanc asked what kind of parking is available on-site and what would be needed. Ms. Wynant said about ten-parking spaces are available. Parking needs would be minimal, primarily for staff. FRANK BLAKE, 5310 W. WILLOW�D GPU LIC�RELATIONS FOR IDENCE); ALSO DIRECTOR OF MARKETING DIMENSIONS OF LIFE AT 3320WhavAe been summonedRegardlng onlyloncesfor am about an police, in my three years there, policecommercial parking his motorcycle behind the buildi ed Since 1991 also have 1etters F'rsfr t was anntensave residential neighbors. We have operated outpatient program,but then in 1994,because of demand, our owner decided to add domiciliary care, at no extra cost to the client. This year we decided to serve only women and provide a safe place for their recovery. It has been very advantageous to the clients. We also have parenting classes. We work with several agencies in the Lansing area to train the women so they can find gainful employment. We have started a new program to help them get into high school or college courses, in addition to helping them with their substance abuse problems. We have outgrown our location on Saginaw Street. The facility on Willow Street fits our needs almost of the solution, along with the neighbors, exactly. Our agency wants to be part against drug and alcohol use. There are no children at this facility. It is an intensive outpatient program for five weeks; we also help them, when they get out in five weeks, with housing, job prospects, and educational prospects. The clients are supervised on a 24-hour-a-day basis;while they are there,they never leave the facility unless they have a staff person with them. hs im come and o�arri andtalso to e of the day or night. We keep a low profile;thisp the neighborhood. Mr. Nischan said it sounds like a Medicaid population, with the combination of services and descriptions of the clients;is this accurate? Mr.Blake said in the last 60 to 90 days,many more HMOs and insurance companies are making referrals to our agency. The insurance companies are calling us. Mr.Nischan asked if the agency would be dispensing methadone; Mr. Blake said no, we are not set up for that type PLANNING BOARD MINUTES DECEMBER 3, 1996 Page 5 of program. Mr.Nischan asked about visitation;Mr.Blake said they do not get many visitors. Any drug or alcohol use calls for immediate dismissal from the program. Mr. Blake said he expects to serve up to 46 clients at a time; the number probably would be between 28 and 36. Ms. Wynant said the special land use application was for up to 45; one of the special land use requirements is 1,000 sq. ft. per resident; the site is about 47,000 square feet. Mr.Ruge said you can have 45 people living there; you can also have other people not residing there whom you are also providing services for. Mr. Blake said there may be an intensive outpatient who does not need domiciliary care, amounting to perhaps five percent of our total clientele. Mr. Ruge asked about the licensing for 45 people; Mr. Blake said this would be 45 people who would live there. Mr. Blake said we receive no funds in addition, and we don't want to get into a warehousing situation. Our owner stresses giving quality care. Being licensed for 45 people will allow us to bring up our numbers a little, while giving quality treatment. We do not want to overcrowd our group therapy sessions; ideally, a session would have between six and ten persons per therapist. That way each person gets individual attention. Chairman Goolsby said we received four letters, one from a Mr. James Sellers,who lives behind the facility. He indicates in his letter that when the facility first opened up,he had some problems with noise,but that has been resolved, and since last July at least,you wouldn't even know people are housed there. They are good neighbors, and the management has improved, and that is the reason they are good neighbors. We also have a letter from Karen Burns,who has lived on Upton Road since July of 1995. She indicates she was not aware that Dimensions of Life was located right behind her home. She says,"Therefore,I feel they have been good neighbors in that there has never been any trouble or noise from their business." We also received a letter from Mr.Manuel Delgado who is an Allstate Agent located in the same building as the applicant. He indicates again that it has been a very good business and they have not caused any problems,and they provide a needed service in the community. We also have a letter from the Assistant Manager of Sherwin-Williams, located right next door to the current location. He says that they have been good neighbors. ANDREW ABOOD,603 S. WASHINGTON,LANSING,HERE ON BEHALF OF A NUMBER OF INDIVIDUALS, PARTICULARLY CECIL AND PAT RIALS, 500 W. GROVE. Mr. Rials has circulated a petition signed by ten neighboring properties,including the Credit Union and other individuals on Chestnut, Walnut and Comfort Streets. (Mr. Abood submitted the petition with the request that it be made part of the record.) The Rials and others signing the petition are here, and they are opposed to the granting of the special land use permit because the use requested is going to change the current or existing use. It is going to be more intense than the present use, and it is not going to be harmonious with the environment. The special use should be denied. Currently at the site is a senior PLANNING BOARD MINUTES DECEMBER 3, 1996 Page 6 citizen home. There would be an increase from 40 to 45 women who are younger and who have more needs and demands; they have to go places more often, which will cause increased traffic. Also of concern to the Rials and to the neighborhood is the outpatient request. The Dimensions of Life is going to increase and expand many of the services that they provide. There is a small parking lot. If there are six to eight staff people,that is six to eight cars. I don't know how many of the residence people will have cars, but with 45 people,you would think one or two would want to park their car there. If you have outpatient people coming in, some of them are going to have cars, and you are going to have traffic, more traffic than right now. Mr. Rials has lived there since 1979. The trash pick-up truck drives over his lawn now. His concern is with increased traffic and overburdened use; he specifically requests that the special land use be denied. In the event that this Board makes a recommendation to Council to grant the special use permit,Mr.Rials and the others would ask that this Board place specific conditions restricting the number of outpatients and that they provide for more parking in a manner that does not degrade or decrease the value of his property. Mr.Nischan asked if the principal concern is with the increased number of people and the traffic rather than the kind of people? Mr.Abood said the number of people and the demands they are going to place are going to be more intense on the land and the usage. It goes to traffic, noise, and general enjoyment of the adjacent property owners. CONNIE TORRES, 1323 N. CHESTNUT. My house is directly behind the Women's Center. I am not sure how safe the place is going to be. I am concerned about my safety. There is going to be high traffic. I have dogs, and my backyard is open. They have an open lot in back. How many people are going to be back there, in the summer? Is there going to be a lot of kids running around? I am concerned with the value of my property--what's going to happen to me? Are they going to park in front of my house? There are only ten spaces there. Mr. Nischan asked if Dimensions of Life has met with Ms. Torres? She said no. Chairman Goolsby announced the conclusion of the hearing on SLU-10-96, 510 W. Willow Street,Residential Care Facility,and the referral of the item to the Zoning and Ordinance Committee,meeting on Wednesday,December 11, 1996 at 4 p.m. in the Planning Office Conference Room,Second Floor,Washington Square Annex, 119 N. Washington Square. C. NCU-5-96, 727 Seymour Avenue, Class A Expansion on NCU Building Mr. Hayward presented the case, a request by Lucy Mazurek, owner and primary resident of 727 Seymour Avenue, for a Class A nonconformity. The property is PLANNING BOARD MINUTES DECEMBER 3, 1996 Page 7 zoned "C" Residential District, which allows a two-family dwelling unit. The property has been used for a multiple family dwelling unit,three one-bedroom units since approximately 1934. In 1942 the use of the property as a multiple family dwelling unit became nonconforming due to its location in the "C" Residential District. This allows for a structure to continue to be used as a nonconforming three- unit multiple dwelling in according with Chapter 1294 of the Zoning Code. In particular, this chapter places the structure's use into a nonconforming Class B category, which does not allow for the use to be extended or expanded. The surrounding land uses are a mixture of single- and multiple-family land uses. The surrounding zoning is"C"Residential,except for the east,across the street,which is "DM-4" Residential. The Master Plan designates the area as moderate density residential. Sometime in 1987, Bob Krusch, Code Compliance Officer, red-tagged the structure because of a footing and foundation being installed without a permit. Subsequent to that,a permit was pulled in 1987 to construct an outside stairwell; Jim Ruff signed off on the permit. That permit was canceled in 1989 due to lack of activity. The project was not completed. Subsequent to that, in the former process of the Zoning Office signing off on permits and then having Building Safety issue the permit,the Zoning Office signed off on an outside stairwell. The permit was issued for an enclosed stairwell. An enclosed stairwell would be considered an expansion of the primary structure and therefore would be limited to setback requirements and site plan submittal. It would also be required to go before the Planning Board for an expansion or an extension of use. In 1993,application was made by Ms. Mazurek for a Building Board of Appeals variance to allow for use of the third story as a habitable space due to ceiling height. That was tabled or denied,based upon the minutes of the March 19, 1993 meeting,pending zoning compliance. This must be researched. In a letter dated June 19, 1993, James Ruff discusses that the structure was never approved for expansion of use and the requested Building Board of Appeals variance would be an expansion of use, and it would have to go to the Planning Board for Class A nonconforming status. Over these past nine years, it has come to this point. There have been several phone calls on this petition. A petition with 17 signatures representing 12 structures within a 300-foot radius was turned in to the office in opposition to issuance of a Class A nonconforming status for this property. The petition requested that Class A nonconforming status not be issued to this property. This chronology will be provided for the Zoning and Ordinance Committee meeting. Mr.Ruge asked if the property is occupied at present;Mr.Hayward said yes,all three units. It has had a history of being tagged. It has had at least three instances, in 1990, 1992, and 1993,where, upon inspection,the third floor.was inhabited. It was tagged and those people removed. Mr. Greiner inquired what is the Board being asked to do? Mr. Hayward said the construction of the outside stairwell is an expansion of the footprint of the structure. If it was an unenclosed outside stairwell, it would not need to come to the Board. Because it was constructed as an enclosed stairwell, and it is constructed but totally enclosed on the outside. From the file, it was completely PLANNING BOARD MINUTES DECEMBER 3, 1996 Page 8 finished on the interior. That was an expansion of floor area. There are two reasons for requesting Class A status: Expansion of the footprint of the structure, or expansion or extension of the use. The two issues we will need to look at are what effect the stairwell has on the footprint of the structure and how does that expand the use. There is some storage area associated with the stairwell, but minimally; the second is the expansion of the number of rooms in the structure that has occurred since the outside stairwell has been completed on this building. LUCY MAZUREK, 727 SEYMOUR. In 1987, I submitted plans to Zoning upstairs,went and got the permit like you normally do. I wanted an enclosed stairwell in the back. I hired a licensed contractor. He absconded with the money. I fell to financial difficulties. I was unable to complete it. Mr. Krusch had approved the foundation, and so forth. When this issue came up where I had the contractor arrested,I stopped building. At various times things were added, siding,roofing,and that's when you get the exterior stairwell. That was an idea of Judge Felice, in order for it to be approved to be sided. I don't know how that related--I didn't understand. All I want to do is complete the stairwell. I did everything that people told me to-- explained what I wanted and why I wanted it; I got the blueprint. I was not comfortable siding a stairwell,but there was some excuse that it was the only way I could get away with not having to at that point insulate the stairwell and finish the drywall inside. It was meant to be an enclosed stairwell. It had gone through Zoning at that time. The blueprint was taken out in 1992 and it disappeared. It was taken out by one of the Building Safety people. If you are really anxious to find it,we could probably find a way to get a copy of it. It is impossible that it was red-tagged in 1987. Chairman Goolsby asked if the stairwell is now constructed; Mr. Hayward said yes, but I am not certain if a final inspection has been made of the stairwell. ANTHONY SHAKO,REGISTERED BUILDER IN LANSING FOR ABOUT 40 YEARS. About a month and a half ago, Lucy asked me to come over because the City was going to look at the addition. The addition has some small minor structural things that have to be done, like some braces, an additional 2x4 here and there,odds and ends. The stairwell is enclosed;it is only used for storage and doesn't go into any area above the second floor. It's properly distanced from the rear yard, and the side yard. Everything is done properly. As far as the permit, she tells me that she did pull a permit. She had a contractor who pulled the permit to build the thing; he took off with her money. Then she had another one. There has been a lot of problems getting it done. The last time I was there, there were two people from the City there. They said let's get this thing over with and there is nothing wrong with it structurally. It is sound. It is not being used for living area, it is being used for storage. It is time that it is over. You can't tear the structure down. It's been up PLANNING BOARD MINUTES DECEMBER 3, 1996 Page 9 there all this time, with no cracks in the foundation, so the footings were done properly. It's not an eyesore. It is on an alley in the back and not something that's facing the street. In fact, it is better looking than some of the other places in the back. I can't see where this should carry on forever. She is not using it to live in,she is only using it for storage. If she had a permit,how do you red-tag something? Or how do you get the first floor if you never had a footing inspection? There were inspections made on that. I came here tonight because she asked me. DONNA WYNANT, SENIOR PLANNER. In response to an application for a building permit, we went out and looked at the layout to see if indeed this was an expansion of a nonconforming property. We didn't have the exact layout, so Jim Ruff and I went to the property to see if there was an expansion of the nonconforming property. Dolores Fuller met us toward the end of our meeting. We gathered information and discussed the application for extension of nonconforming use. We needed to get the application completed and fee submitted. Then Lucy came into my office, and we worked up the floor plans. Mr. Ruge asked what is the purpose of the stairwell. Is it to access the second floor? Mr. Shano said the stairwell goes to the second floor only. Her children sleep on the second floor. She put that up there so they can leave the house in case of a problem, instead of going down the stairwell in the middle of the house. In case of a fire,there would be another exit for the children to get out. Mr. Ruge asked how do you get into the three units? Mr. Shano said they all have their own entrances. Mr.Ruge asked if one entrance is this stairwell? Mr. Shano said no, she enclosed it because her unit is two stories. The only way you can get out of the second floor is to walk down a narrow hallway into the living room and then out the front door. Ms. LeBlanc asked if we approved the Class A status, would that permit further expansion, or would the owner have to come back? Mr. Hayward said with Class A nonconforming status,it would allow for future additions to the structure. Ms. Love said any other expansions to the building would have to meet setback requirements, and they could not expand the existing nonconformity. They could not add third, fourth or fifth units. If the Board grants Class A nonconforming status, the use is approved for that location. The applicant would receive the same consideration for future building plans that any other use in that district or area would receive. It does not give carte blanche to do anything else; it only allows them to expend more money on the structure than 35 percent of the value. It does not allow them to expand the nonconformity. PLANNING BOARD MINUTES DECEMBER 3, 1996 Page 10 Chairman Goolsby announced the conclusion of the hearing on NCU-5-96, 727 Seymour Avenue,Class A Expansion on NCU Building, and the referral of the item to the Zoning and Ordinance Committee,meeting on Wednesday,December 11, 1996 at 4 p.m.in the Planning Office Conference Room,Second Floor,Washington Square Annex, 119 N. Washington Square. 5. COMMENTS FROM THE AUDIENCE (5 minutes each) -None. 6. RECESS -None 7. BUSINESS SESSION A. Minutes for Approval: November 19, 1996. Mr.Nischan made a motion,seconded by Mr. Greiner,to approve the minutes of November 19, 1996 On a voice vote, there were Ayes: 5; Nays: 0; carried unanimously; the minutes of November 19, 1996 were APPROVED. B. Committee Reports 1. Zoning and Ordinance Committee, Ms. LeBlanc, Chair. The items from tonight's public hearing will be considered. Next meeting WEDNESDAY,December 11, 1996 at 4 p.m.,Planning Office Conference Room, Second Floor, Washington Square Annex, 119 N. Washington Square. Mr. Rieske suggested having a Committee of the Whole meeting to deal with SLU-9-96, 925 Stanley Street, Cellular Tower/Act-23-96, Westside Park, Cellular Tower on Park Land on December 11. 2. Urban Development Committee Next meeting TUESDAY, January 28, 1997, at 4 p.m., Planning Office Conference Room, Second Floor, Washington Square Annex, 119 N. Washington Square. 3. Executive Committee: Did not meet. C. Report from Planning Manager, Ms. Love. PLANNING BOARD MINUTES DECEMBER 3, 1996 Page 11 Ms. Love said the Board Chairmen have resumed meeting on the third Friday of each month. Ms. Love received a phone call from Harold Leeman who apologized for the Council's action on the DeLuca matter;he asked that I convey that to the Board. He also wrote a letter to George Abraham regarding Z-18-95, 2708 to 2816 S. Washington Ave.,"A"Residential to"D-1" Professional Office District, removal of 11 houses, saying that he will not be voting in favor, but rather he will be voting to concur with the Planning Board's recommendation. He also indicated he might want to become an ex officio councilmember on the Planning Board. In the matter of the DeLuca issue, it would have been valuable to have someone from the City Council present during Planning Board deliberations. The development agreement for the Turner Street property gives us 90 days. One element is the rezoning of the property. We are meeting only once in January,and we need to shorten the process, so we are putting the item on for public hearing on December 17 as Z-17-96. There will be another public hearing that night,Z-18-96, 4320 S. Cedar. The City Council has directed"D-1" Professional Office in the front and"A" Residential in the back. In addition to that, I will have the work program, which I will try to send out in advance. The Senior Preservation Planner position is posted. It was initially posted until December 6,but Personnel would like to extend the posting to December 20 so they could get it into the Job Mart, an APA publication. We have done the interviews for the Senior Clerk, and the position has gone to the Hiring Committee. We should be able to offer the job next week and have the person on board January 2, 1997. Helen and I met about the library. The best way to do it would be to put the entire library on Paradox. Every new book and pamphlet would stay in the file that way. In January, we will begin to provide zoning, building safety and code compliance information at the South Precinct every Wednesday. Hours will be 4:30-7 p.m. so people do not have to come downtown. January 15 will be the first evening. We do not yet know how we are going to announce that to the public. A bill for the purchase of Ferris Park has passed the House and is in the Senate. There will be a Senate hearing at 1 p.m. in Room 100 in the Senate Office Building. PLANNING BOARD MINUTES DECEMBER 3, 1996 Page 12 We will have representation there so the senators will know the City is interested. The City will take care of Legislative parkers. D. Pending Items: Future action required 1. Urban Development Committee: a. Act-02-95, Case and Grand River Ave., Sale to Wohlert for Parking Lot(Action postponed in committee February 13, 1996) b. Act-3-96, 300 Blk. S. Grand,Blocks 130 and 131, Original Plat, Sale for Redevelopment(Pending Possible IRS Ruling) C. Act-10-96, 501 E. Kalamazoo (Former Spartan Inn Site), Visitors Welcome Center, Greater Lansing Conv. & Visitors Bur. (Pending Possible IRS Ruling) d. Act-17-96, 700-800 Blks. Bancroft Ct., Closure to Through Traffic (UDC Tabled August 13, 1996) e. Revision to Guidelines of Administrative Act 285 Reviews (Tabled June 4, 1996) 8. NEW BUSINESS - Mr.Ruge said he recently attended an East Lansing Planning Board meeting. One interesting thing was the way they handled a simple issue, an expansion of a parking lot. Instead of sending the matter to the subcommittee,they went into the Committee of the Whole,voted on it that night,and sent the case on its way. For a simple issue,this could be a good tool for us to use if staff could provide us with a full staff report when a noncontroversial issue comes before us. Ms. LeBlanc said the Board of Zoning Appeals does that for all issues. Mr. Ruge said the Planning Board could use a similar procedure. Ms. Love said it would be similar to the consent agenda of City Council. Chairman Goolsby said NCU-5-96 is a good example. We could go into business session and resolve into the Committee of the Whole if we could come to consensus. If we saw, for example, that SLU-9 could not be resolved, it would go from the Planning Board to the Committee of the Whole and then back to the Board and then to the Zoning and Ordinance Committee. The staff report would have to be complete. If this is efficient, it would cut down on staff time. Mr. Greiner said we have sDone something similar on an emergency basis,but it depends on having a.complete staff report. Mr. Goolsby suggested on those weeks, we would have a copy of our agenda, and a copy of the Planning Board report in the reports themselves, and PLANNING BOARD MINUTES DECEMBER 3, 1996 Page 13 list the person responsible for it. Ms. Love said we are talking about having staff put their name on the report. 9. COMMENTS FROM CHAIRMAN Mr.Goolsby invited the members to his annual Christmas party;attendees should bring a food item contribution to the Food Bank. 10. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS 11. BOARD MEMBER COMMENTS 12. ADJOURNMENT - was at 9:11 p.m. Respectfully submitted Eleanor K. Love, Secretary minutes\mn120396 a:\35 Lansing Planning Board APPROVED 011497 with one correction Pg 12 Ln 4.03"Pos 7.67Mr.Greiner said discussions during Zoning and Ordinance Committee indicated CONFUSION might exist... DRAFT TO CLERK 01/10/97 APPROVED 01/14/97 TO CLERK 01/31/97 Minutes of the Regular Meeting LANSING PLANNING BOARD 7 p.m., City Council Chambers Tenth Floor, Lansing City Hall 124 West Michigan Avenue - TUESDAY, DECEMBER 17, 1996 C 1. OPENING SESSION Chairman Garry Goolsby called the meeting to order at 7:03 p.m. A. Roll Call. Present: Frederick, Goolsby, Greiner, LeBlanc, Nischan, Ruge; six members present; two vacancies. Ex officio councilmembers Lilly, Allen; not in attendance. 1. Excused Absence 2. Introductions Eleanor Love, Planning Manager, introduced staff present: James A. Ruff, Zoning Administrator; James Sturdevant, Senior Planner; and Louise H. Christian, Planning Board Secretary. 2. APPROVAL OF AGENDA. Mr. Ruff said the next regularly scheduled meeting of the Zoning and Ordinance Committee is listed on the agenda as January 22, 1997. It may be best to meet prior to the January 14 Planning Board. The consensus was that the Zoning and Ordinance Committee would meet at 6 p.m on January 14, 1996 in the City Council Chambers for the purpose of considering Z-17-96 and Z-18-96. With that exception, the agenda was approved. 3. COMMUNICATIONS - Letter to Mr. Sturdevant concerning Z-18-96, 4720 S. Cedar Street(East 183 Feet). Chairman Goolsby read the letter from Wolverine Development. "We are in receipt of your notice of a public hearing in consideration of rezoning the above-referenced parcel from "A" Residential to "D-1" Professional Office District. As owners of the McDonald's Restaurant property immediately adjacent to and north of the subject site, we have no objections per se to Professional Office zoning. We do, however, feel that "D-1" is a poor choice for that lot, which will render it virtually unmarketable for the property owners. As you know, our company owns and manages a number of commercial sites along that South Cedar corridor. The demand for professional office space is very weak to begin with. It would be, in our estimation, virtually nonexistent when placed next to a McDonald's Restaurant. The "F" Commercial District would be a much more appropriate designation especially for the PLANNING BOARD DECEMBER 17, 1996 P. 2 eastern portion of the site. The neighbors' continued objection to "F" Commercial on even the front east portion of this lot is unreasonable. To rezone this site for Professional Office use is not a compromise, it is a cop-out. If the City wishes to maintain this site as a park, they should do the honorable thing, condemn it for those purposes, and pay the property owner its fair market value." Signed, Jos. P. McGuire, Vice President. This will become part of the record. 4. HEARINGS A. Z-17-96, 1300 Block Turner Street (West Side), "H" Lt. Industrial to "DM-3" Residential District Mr. Sturdevant presented the case, a request by the Lansing City Council to rezone the above 2.64-acre parcel owned by the City of Lansing. The property went through the Act 285 review process as Act-1-96 to look at the possibility of making the property available for sale, and under what conditions. The City developed a procedure for making the property available through a request for qualified developers and a request for qualified development proposals for the property, and subsequently selected a development proposal. Mr. Ferguson is proposing to develop 46 townhouse units on the property, all residential and owner-occupied. Half are three-bedroom units; half are two-bedroom units. They all have off-street parking; half are indoor garages, and half are outdoor. Other on-street parking is proposed. The proposal will also require reconstruction of the River Trail which passes through this property. The City and the Parks Department are working with the State of Michigan, because the State funded this portion of the River Trail through Natural Resources Trust Fund moneys; however, part of the development agreement is being worked out with the developer. It was a condition of the proposal acceptance that the developer bear the entire cost of the entire River Trail reconstruction. "DM-3" Zoning is being requested, because this is the density that is required to accommodate the density of this development (46 units). "DM-2" zoning would normally be appropriate for a 2.5 acre site; however, as part of the development, the City would maintain ownership of all the property within 50 feet of the Grand River. Included in the packet are agency responses, maps, an architectural rendering, and some photographs and other maps. The City owns the property. The City Council, the applicant on this request, gave city staff 120 days to reach a final development agreement with the developer. Relocating the Trail will meet all state and federal accessibility requirements. It is not a zoning issue. TERRY GRANT, PROPERTY OWNER IN 1300 BLK. TURNER ON THE EAST SIDE. My question is about on-street parking. Businesses use on-street parking in the area. Have any studies been done concerning how much parking will be taken up? Mr. Sturdevant said the development will increase the amount of on-street parking; it will undergo review by the Transportation Division. The code requires two parking spaces PLANNING BOARD DECEMBER 17, 1996 P. 3 per unit; all of these spaces are being accommodated on the site. They are located on the river side, away from the street. Additional on-street parking that they are proposing is a bonus. LISA CAREY, REPRESENTING OLD TOWN COMMERCIAL ASSOCIATION, WHICH IS THE CONDUIT THROUGH WHICH THE OLD TOWN MAIN STREET INITIATIVE IS BEING RUN. We have comments. We support the proposed development. Advantages. 1. There will be 46 new housing units for the Old Town Neighborhood, classified as home owner-occupied. This is important to the neighborhood. 2. Additional residents who will work and shop in the Old Town Neighborhood and enjoy the area. 3. The willingness of the developer to consult with the Main Street Design Committee regarding the design of the proposed units. 4. The potential to create a safe and inviting area for the portion of the River Trail that extends through this property. 5. To create additional links to the northern edge of Old Town, especially the Turner-Dodge House. We do have concerns as well. 1. The street parking that is currently proposed on Turner Street and Dodge River Drive should remain available for public use. 2. One of our concerns is that we have a certainty that all units will remain owner- occupied, and without the potential to sublet. 3. That the design of the new structures complies with the scale, massing, style, rhythm, and setbacks of the neighboring commercial blocks. Chairman Goolsby, seeing no one wishing to comment, announced the conclusion of the hearing for Z-17-96, 1300 Block Turner Street(West Side), "H" Lt. Industrial to "DM- 3" Residential District. The Zoning and Ordinance Committee will meet at 6 p.m. on January 14 to consider the matter. . PLANNING BOARD DECEMBER 17, 1996 P. 4 B. Z-18-96, 4720 S. Cedar Street (East 183 Feet), "A" Residential to Professional Office District Mr. Sturdevant presented the case, located at the northwest corner of Cedar Street and Syringa,just south of the McDonalds across the street from Richters Gardens. It is one remaining residential property on Cedar Street, a much larger lot that other residential properties in the area. We saw this case first in 1994. Wolverine Development proposed to rezone the entire property to "F" Commercial for the development of a commercial building for speculation. The Board recommended denial; the City Council upheld the denial. At that time, the Board said office development on the front portion of the property would be appropriate, and also that the line of nonresidential development west of Cedar Street needed to be consistent in depth away from Cedar Street. This property was 120-130 feet past the currently established zoning along Cedar Street. The Planning Board and Council looked at another request for this property, Z-11-95. An architect proposed to develop the back half of the property for his office and the front half for a speculative commercial use. The Planning Board and Council denied this for similar reasons as the first case. Earlier this year in May, the Planning Board looked at Z-4-96, a proposal to rezone the front 183 feet of this site to "F" Commercial Zoning and retain the back 120 feet for a pair of residential lots. The Planning Board recommended approval; ncil did not uphold the recommendation. They denied the request, based on theprevious experience. Under City codes, two petitioners can apply for a zoning change. One is the property owner, and the second is the City Council itself. The case is here at the request of Council for consideration for rezoning to "D-1" Professional Office for the front 183 feet. The property owners have been notified. The office zoning would be consistent with the zoning south of Syringa Street, which is office zoning, and it would be more compatible with the residential neighborhood established along Cox Drive to the north and west of the property, and also along Syringa Street itself to the west. CHARLES DART, 404 SYRINGA DRIVE. We have fought "F" Commercial for three years. The last proposal was the west 133 ft. to be residential and the east 183 feet to be "F" Commercial; we did not want that. We did like the residential part, the west 130 feet remaining residential. As a compromise, we have proposed what is being proposed here, "D-1" Professional for 183 feet, and the remainder remaining residential. We do have concerns. We would not like to have an exit or entrance on Syringa. There is currently one on Cedar Street. It is currently no parking on Syringa, approximately the east 183 feet right now. We would like it to remain that way. The "D-1" zoning would be compatible with the properties to the south. I have a question--why is the Council asking for this to be rezoned? PLANNING BOARD DECEMBER 17, 1996 P. 5 Ms. Love said the property has been before the Planning Board three or four times. At the time the Council denied the last request for rezoning by the owner, they indicated that they would be amenable to the "D-1" Professional Office District, and the "A" Residential, for several reasons. One, so that the petitioner would not have to petition again, and two, Council was also interested mostly in attempting to find a land use pattern along South Cedar St. compatible both with their belief and realistic uses. Chairman Goolsby, seeing no one wishing to comment, announced the conclusion of Z-18-96, 4720 S. Cedar Street (East 183 Feet), "A" Residential to "D-1" Professional Office District. The Zoning and Ordinance Committee will meet at 6 p.m. on January 14 to consider the matter. 5. COMMENTS FROM THE AUDIENCE (5 minutes each) - None. 6. RECESS - None 7. BUSINESS SESSION B. Minutes for Approval: December 5, 1996 minutes not available for December 17, 1996. C. Committee Reports 1. Committee of the Whole. Mr. Ruge presented the report. The Committee of the Whole met on December 11, 1996. a. SLU-9-96, 925 Stanley Street, Cellular Tower on Park Land/Act- 23-96, West Side Park, Cellular Tower on Park Land The applicant proposes to construct a 155 ft. cellular monopole tower and single-story equipment building at 925 Stanley Street (West Side Park). The park property is zoned "B" Residential District. Section 1248.04(e) of the Zoning Code allows utility use with a special land use permit. The committee found, based on testimony, evidence and the staff report, that the special land use request, SLU-9-96, 925 Stanley Street, Cellular Tower on Park Land, meets the nine criteria established for considering special land use petitions. The committee also found that Act-23-96, West Side Park, Utility Use on Park Land, does not significantly change the character of the area nor significantly impact the surrounding land uses. PLANNING BOARD DECEMBER 17, 1996 P. 6 In the Committee of the Whole, it was moved, seconded, and carried unanimously to recommend approval of SLU-9-96, 925 Stanley Street, Cellular Tower on Park Land/Act-23-96, West Side. Park, Utility Use on Park Land, subject to the following conditions: 1. No barbed wire shall be used on the fence. 2. A landscape screening and buffering plan be submitted and approved by the Parks and Recreation Department and the Department of Planning and Neighborhood Development. 3. The service drive entrance shall be gated. 4. Any trees lost due to the construction of the tower shall be replaced. 5. The City Attorney's office shall review the appropriateness of this requested action in this park land prior to City Council action. Mr. Ruge made a motion, seconded by Mr. Nischan, based on testimony, evidence, and the. staff report, a copy of which is attached hereto and made a part thereof, to recommend approval of SLU-9-96, 925 Stanley Street, Cellular Tower on Park Land/Act-23-96, West Side Park, Cellular Tower on Park Land. PLANNING BOARD ACTION was as follows. Ms. LeBlanc stated that she supported this case although normally she would not support any use of park land for private uses that provide no recreational benefits for citizens of Lansing, but in this case, there is an existing utility structure, and an existing service drive. The structure is at the back of the park; behind it is a train yard; and behind that is a major industrial facility. For those reasons, she is supporting the request. Frederick Ave Greiner Ave LeBlanc Ave Nischan Ave Ruge Aye Goolsby Ave On a roll call vote, there were Ayes: 5; Nays; 1; carried; SLU-9-96, 925 Stanley Street, Cellular Tower on Park Land/Act-23-96, West Side Park, Cellular Tower on Park Land, was recommended to be APPROVED. 2. Zoning and Ordinance Committee. Ms. LeBlanc presented the report. The Zoning and Ordinance Committee also met on PLANNING BOARD DECEMBER 17, 1996 P. 7 December 11, 1996 with all members present, plus the other two members of the Planning Board. a. SLU-10-96, 510 W. Willow Street, Residential Care Facility The applicant wishes to purchase the facility at 510 West Willow in order to relocate the Dimensions of Life Living Center from its current location at 3320 West Saginaw, in Lansing Township. A number of concerns were voiced at the committee meeting, including the number of people who would be at the center. Up to five IOP (intensive out patient) clients will come in for a 9 a.m.-2 p.m. session, and a maximum of seven individuals will come in throughout the day for one- hour appointments. The committee also discussed parking availability, because of the concern that the site plan did not show as much parking as would probably be needed, although the committee did not want to see any more paving than was needed. Another concern was that the facility continue to serve the same types of clients it was approved for. After considerable discussion, the committee found, based on testimony, evidence and the staff report, that the proposed residential care facility, SLU-10-96, 510 W. Willow Street, Residential Care Facility, meets all of the nine principles required for a special land use, with conditions. The proposed special land use is harmonious with the character of adjacent property and surrounding uses. The change in the type and number of residents should not significantly effect adjacent properties. The proposed special land use will not change the essential character of the surrounding property, once appropriate landscape, screening and buffering is in place. The proposed special land use will not interfere with the general enjoyment of adjacent properties. PLANNING BOARD DECEMBER 17, 1996 P. 8 The proposed special land use will not be hazardous to adjacent properties. The proposed special land use will not place any demands on public services and facilities in excess of current capacities. The proposed special land use is consistent with the intent of the zoning code and objectives of the current comprehensive plan. Staff recommends that the special land use be approved subject to the approval of a landscape, screening and buffering plan that may consist of fencing and/or landscape materials that would best screen any views objectionable to adjacent neighbors or to inhibit trespassing. Approval of this special land use permit is also subject to the corrections made to the facility based on the inspections made by the City of Lansing. The committee discussed various concerns regarding the use and improvements to the property. A principal concern was the trips generated for the facility and the amount of parking that would be required for clients and staff. The petitioner had submitted a report regarding the number of parking spaces necessary for the facility based upon their programming. The report suggested that seventeen spaces would be necessary to support the facility. There was a concern by board members that seventeen spaces would not be adequate, and in discussion with staff, it was determined that during site plan review additional spaces could be planned in and developed as necessary. Further concern was raised regarding the landscape screening and buffering that should be a part of this residential care facility. It was noted by the committee that the parking and drive area were right up next to an abutting residence, and it was expressed that this situation should be improved with additional fencing and landscaping. Also, the location of the dumpster was near another residence, and the committee expressed its desire that it should be relocated away from the abutting residential properties and screened. There was further discussion regarding the resolution of potential future management problems, and the potential for program changes if this special land use is approved. Mr. PLANNING BOARD DECEMBER 17, 1996 P. 9 Ruff explained that the application is for a residential care facility for a maximum of 45 residents and an accessory use consisting of outpatient treatment for a maximum of 12 persons in the two outpatient programs. If the use changed from the specifications of the special land use application, the special land use would have to be revised, or the use would have to cease. The board recognized that potentially the outpatient services could fluctuate from time to time, but they would not encourage an increase greater than 25 percent for the outpatient services. After considerable discussion, the Committee found, based on testimony, evidence, and the staff report, that the proposed residential care facility, SLU-10-96, 510 W. Willow Street, Residential Care Facility, meets all of the nine criteria required for a special land use with conditions. In committee, it was moved, seconded, and carried unanimously (4-0), to recommend approval of SLU-10-96, 510 W. Willow Street, Residential Care Facility, subject to the following conditions: 1. Approval is recommended for the program specified in the application only. 2. Clientele will consist of a maximum of 45 inpatient residents, five intensive outpatient clients and seven outpatient clients for one-hour appointments with the understanding that there would not be an increase in the outpatient client numbers greater than 25 percent. 3. A site plan shall be submitted for approval by the Planning Office prior to council resolution that shall include the following four improvements: a. Seventeen parking spaces shall be developed with a designated area for an additional eight parking spaces. b. The dumpster will be located away from abutting residential properties and shall be appropriately buffered from view. PLANNING BOARD DECEMBER 17, 1996 P. 10 C. The entrance drive should be moved as far west as possible away from the abutting residential structure and buffering added between the home and the parking area. d. Landscape screening of the site shall be done with the purpose of screening any views objectionable to adjacent neighbors or to inhibit trespassing. The Planning Office shall also have the right to require additional landscape screening following implementation of the initial plan to correct any unanticipated buffering needs in order to help the facility fit within the existing neighborhood. Ms. LeBlanc made a motion, seconded by Mr. Greiner, based on testimony, evidence, and the staff report, a copy of which is attached hereto and made a part thereof, to recommend approval of SLU-10-96, 510 W. Willow Street, Residential Care Facility, on condition that site improvements meet all local codes, and shall be completed within six months of Council approval. PLANNING BOARD ACTION was as follows. Frederick Ave Greiner Ave LeBlanc Aye Nischan Ave Ruge Aye Goolsby Ave On a roll call vote, there were Ayes: 6; Nays; 0 carried unanimously; SLU-10-96, 510 W. Willow Street, Residential Care Facility with conditions was recommended to be APPROVED. C. NCU-5-96, 727 Seymour Avenue, Class A Expansion on NCU Building The applicant requests Class A nonconforming status to allow for the retention of an enclosed rear stairwell and storage area for first and second floor. The River Island Comprehensive Plan designates this area as Moderate Density Residential (6-20 du/ac). • This property, currently a Class B nonconforming structure, has been used for three one-bedroom units since 1934. An expansion of the footprint and potentially of the intensity occurred in 1987 with the construction of a rear stairwell and PLANNING BOARD DECEMBER 17, 1996 P. 11 storage area. This expansion required a Class A nonconforming status prior to construction. In committee, members discussed the purpose of the Class A action defining that this is to authorize an expansion of the footprint of the building only and not an authorization for an expansion of the three one-bedroom unit nonconforming use. It was also discussed that if the structure were damaged and the rehabilitation costs were to exceed 50 percent of the value of the structure, repair of the structure as a three-unit could only be done with approval by the Board of Zoning Appeals, according to the ordinance. The committee found, based on testimony, evidence, and the staff report that the enclosed stairway addition does not adversely impact adjacent properties or on-site parking. Further, that the enclosed stairwell promotes the health, safety and welfare of the residents of the property. In committee, it was moved, seconded, and carried unanimously (4-0) to recommend approval of Class A status for the enclosed stairwell expansion of 727 Seymour Avenue, NCU-5-96, with the following conditions: 1. The conversion of the attic space to habitable space appears to have been done illegally and without a permit. This expansion of the intensity of use is not appropriate based upon the nonconforming use and is required to be reverted back to unimproved attic space within six (6) months. It is the applicant's responsibility to schedule an inspection time with the appropriate code compliance officer. Failure to do so, or evidence of use of this space as bedrooms or expanded living space, will necessitate the Planning Office initiating the revocation of the Class A nonconforming status as allowed by 1294.09 of the Zoning Code. 2. The applicant will schedule a safety inspection with the appropriate code compliance officer to review the entire structure and subsequently file for the appropriate building permits to correct any code-related violations and to complete the interior of the stairwell. All work will be completed on the structure and have a final inspection by the Building Safety Office within six months. Failure to do PLANNING BOARD DECEMBER 17, 1996 P. 12 so will necessitate the Planning Office initiating the revocation of the Class A nonconforming status as allowed by 1294.09 of the Zoning Code. Revocation of the Class A nonconforming status would require the stairway structure to be removed or the use of the structure to be made conforming by converting it to a two-family dwelling. Ms. LeBlanc made a motion, seconded by Mr. Nischan, based on testimony, evidence, and the staff report, a copy of which is attached hereto and made a part thereof, to recommend approval of NCU-5-96, with the above conditions and made date-specific to June 17, 1997. PLANNING BOARD ACTION was as follows. Mr. Greiner said discussions during Zoning and Ordinance Committee indicated CONFUSION might exist in the statement "within six (6) months." Mr. Greiner offered as a friendly amendment putting in a date specific, such as "by June 17, 1997" so there is no question in the applicant's mind as to when the work and required inspections must be completed. Mr. Ruge said he understood that neighbors filed a petition; however, it was not mentioned, and we did not see copies of the petition. Ms. Love said Mr. Hayward mentioned it at the Board meeting. Mr. Ruff handed the petition, signed by 16 individuals in opposition, to Chairman Goolsby. Chairman Goolsby read "We, the undersigned as owners or occupants of property in close proximity to 727-729 Seymour Avenue, oppose the request by Lucy Mazurek for a Class A Nonconforming Use status to allow the expansion of the building located at 727-729 Seymour Avenue." Chairman Goolsby observed that the operative word here is expansion. The petition is signed by 16 people living on Seymour, Madison and Walnut. Mr. Ruff spoke to one person and explained the two issues regarding the nonconforming use. First, there is an expansion of the footprint of the building which was being directly addressed through this petition. Second, the other fear was the expansion of the nonconforming use of the three one-bedroom units into four units, or three one-bedroom units plus another bedroom, or couple of extra rooms--an expansion of the use. So the Zoning and Ordinance Committee and the report split it out to say that the expansion of the footprint of the building did not, according to code, cause a negative impact on health, safety or welfare of the property or the neighborhood. It was potentially the expanded use of the structure. As an action, it puts a time and definition to a decision, and provides a history to give a benchmark for enforcement as follows: One, it allows a structure that was built to remain with some improvements, and two, it puts a handle on the nonconforming use of the structure. This was explained to a representative of the petition. Mr. Ruge said he understood what Mr. Ruff was attempting to do, approval of the petition, but he was going to oppose approval. The first reason is that the purpose of having the designation as a nonconforming use is that eventually it will become conforming; in this case, PLANNING BOARD DECEMBER 17, 1996 P. 13 the three unit would become a two-unit. This area has many small lots with big houses chopped up into small apartments. It would be a good thing if this house were less intensely used. The second reason for opposition is that, as stated, allowing this to be nonconforming will allow expansion of the intensity of the structure--the house will have more storage. The stairway provides access to the third floor stairwell. The third floor is to be made nonhabitable, but given the history, and given the petitioner's disrespect for the zoning laws and for city enforcement procedures, "I can only imagine that as soon as the heat is off, that third floor is going to have somebody living in it." For those reasons, Mr. Ruge stated he is going to oppose the petition. Frederick Aye Greiner Aye LeBlanc Aye Nischan Aye Ruge Nay Goolsby Ave On a roll call vote, there were Ayes: 5; Nays: 1; carried; NCU-5-96, 717 Seymour Avenue, Class A Expansion on NCU Building, with conditions was APPROVED. Mr. Ruff observed that NCU-5-96 is not forwarded to City Council; it is a decision of the Planning Board. Ms. Lucy Mazurek requested a copy of the protest petition. Mr. Ruff stated that she could call Mr. Hayward in the morning and a copy would be provided to her. Next meeting WEDNESDAY, January 14, 1997 at 6.m., Planning Office Conference Room, Second Floor, Washington Square Annex, 119 N. Washington Square. 2. Urban Development Committee, Mr. Frederick, Chair. Next meeting Tuesday, January 28, 1997, at 4 p.m., Planning Office Conference Room, Second Floor, Washington Square Annex, 119 N. Washington Square. 3. Executive Committee: Did not meet. The Chairman declared a short recess in order for members to review and approve the Planning Office Work Program distributed by Ms. Love. C. Report from Planning Manager, Ms. Love. PLANNING BOARD DECEMBER 17, 1996 P. 14 Ms. Love said that yesterday Governor Engler named 11 cities, rural areas, and military bases as recipients of renaissance zone designations. The City of Lansing has received a designation for the Lindell Drop Forge area and for the Seven Block Area. There is heightened interest by Spartan Stores in the development of the commercial area in the Seven Block Area. There may be some Plan amendments that have to occur. Also, the Department is going to make recommendations to the mayor for locations of neighborhood enterprise zones. The City is eligible, under this legislation passed in 1992 that allows for new construction and renovation of existing properties in neighborhood enterprise zones. Up to five percent of the land area of the city can be designated. There are other provisions; we will be working on this in the first few months of 1997. Public Service has been working with a consultant on the Aurelius Road landfill, an 80-acre site, testing for contamination. The consultant is close to saying that the land can be used for recreational purposes. They, together with Parks, want to come before the Board on February 4, 1997, in an Act 285 review to discuss reuse of the property and under what kind of land arrangement. Regarding Act 285 reviews being handled administratively, Bill Rieske wants to send through a case filed today by a person who is requesting an alley vacation. She has done all the homework, including computer-generated drawings of the proposal. The surrounding property owners all are in agreement. It would be a good test case. D. Pending Items: Future action required 1. Urban Development Committee: a. Act-02-95, Case and Grand River Ave., Sale to Wohlert for Parking Lot (Action postponed in committee February 13, 1996) b. Act-3-96, 300 Blk. S. Grand, Blocks 130 and 131, Original Plat, Sale for Redevelopment (Pending Possible IRS Ruling) C. Act-10-96, 501 E. Kalamazoo (Former Spartan Inn Site), Visitors Welcome Center, Greater Lansing Conv. & Visitors Bur. (Pending Possible IRS Ruling) d. Act-17-96, 700-800 Blks. Bancroft Ct., Closure to Through Traffic (UDC Tabled August 13, 1996) e. Revision to Guidelines of Administrative Act 285 Reviews (Tabled June 4, 1996) PLANNING BOARD DECEMBER 17, 1996 P. 15 8. NEW BUSINESS Ms. Love presented the Work Program and Budget, Fiscal 1997-98, for approval. The initial pages relate to what we do and ways we are involved. We do not have any new program requests; we have requested no new staff--we are trying to improve what we do now. Priority I is outreach. We want to do more, and provide decentralized services as in Homeowners' Night Out. We will hold counter hours from 4:30-7:30 p.m. Wednesdays so people can conveniently avail themselves of our services. If it catches on, we will ask for $3,000 in overtime to staff this function. The work program basically is a list of all the things we would like to do. We try to get them done on time, and we really do knock things off and finish them up. We are working on the Comprehensive Plans and updated Master Plans. We are working on demographic and trends analysis for the entire city. It should be done in the next couple months. We are working to complete various neighborhood plans, River Point, etc. The BTS plan was postponed last.year, but we are looking to buy the property and then sell some of it to the Lansing School District. We have an RFP in progress. We hope to have the North Lansing Plan completed this year and adopted. In the Seven Block Plan, we have completed the first two issues and acquired about 12-13 properties. We are working on the Decentralized Pilot Programs, North and South Precincts. The Parking Plan has been postponed, because we thought we would not have enough parking for baseball. We have completed a draft of an RFP for the Strategic. Plan which will go out in January. Concerning the GIS system, we talked about putting money from sale of the well sites into a fund mutually beneficial to both BWL and the City. The fund has $80,000 in escrow from the sale of the Kitsmiller site off Pennsylvania. Providing both the parties agree, we are going to tap the fund for two things; one, buying two work stations for GIS to allow us to digitize all parcels in the City, and two, using LCC computer applications students in a labor intensive project which would provide good experience for the students and an inexpensive source of labor for our purposes. We have received local certified government status, thus paving the way for us to get the grant for historic district activities. In January we will hire a senior preservation planner. We will be establishing the neighborhood enterprise zones. PLANNING BOARD DECEMBER 17, 1996 P. 16 We are working with MSHDA in Green Oaks and the ABC District on the north side. We are working with Emil Winnicker to assign moneys from the Community Development Block Grant. We already talked about purchasing the BTS property and developing it for housing. There may be other choices also. We are working on a census analysis grant. Other grants would include brown fields grants, site reclamation grants, historic preservation grant and the renaissance zone grants. The Planning Office also administers the neighborhood beautification program. Regional coordination includes Tri-County Regional Planning; CARTS, a transportation subcommittee; and GTAC, the groundwater management board. Land use controls includes staff support to boards, committees, and commissions; zoning assistance to the Building Safety Office on building permits, wrecking permits, site plan review, sign code enforcement; enforcement actions. The last section deals with the clerical staff and the things they are required to perform. Graphics services are provided as software and people are available. Concerning the revenue summary, we have income from the zoning counter for rezoning applications, NCUs, etc. We have not yet started the sale of planning information on PC disks, but we now have it on the computer; the price may be $100 per disk. Included is information on the City's 48,000 parcels, such as property address, permanent parcel number, zoning, land use, council actions and other basic details. Ms. Love commented on the budget summary, which includes costs for personnel, community beautification, supplies, equipment, furniture, contractual services, the Main Street Grant Program, the Downtown Development Plan, BWL, Principal Shopping District, and Lansing 2000—we will be making a presentation to them next week. Ms. Love explained that Main Street has not previously been included in the budget. Contractual Services went from $30,000 to $60,000. Community Beautification costs us $30,000; we are allotted $5,000 and at the end of the year a transfer is made. This year, we asked for the money to be transferred up front. We added one-and-one-half people this year, the reason for the jump in that amount. PLANNING BOARD DECEMBER 17, 1996 P. 17 Commenting on equipment, Ms. Love said Priority I is two new pentium computers, one for Jim Ruff and one for the preservation planner; we also want net hardware so staff can network, and a CTC bridge connection to the mainframe. Also on the list is a video camera, and a scanner. The old master plans are not on disk. If we have a scanner, we could scan them in and save a lot of rekeying. Existing scanners in City Hall have limited capability; we want a better scanner. We also want a camcorder with an image scanner so we could do freeze-frame and show how a parcel could look with, for example, landscape screening and buffering. We want a laptop computer for the videocam. At present, we can only do 16 pictures at a time, whereas if we had a laptop, we could download in the field and not have to come back to the office after 16 pictures. Finally, there is overtime for community beautification and Main Street. That is it. Mr. Ruge made a motion, seconded by Ms. LeBlanc, to approve the Fiscal Year 1997-87 Budget and Work Plan; on a voice vote, there were: Yeas: 6; Nays: 0; carried unanimously; the Fiscal Year 1997-87 Budget and Work Plan Fiscal Year 1997-98 was recommended to be APPROVED. 9. COMMENTS FROM CHAIRMAN Chairman Goolsby has already made comment. 10. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS Mr. Ruge said he is unhappy with the way we handle cellular towers. Petitioners should have to tell us what are their long-range plans for cellular towers. When they file, can we ask to see their long-range plans? Mr. Ruff said the problem is with the amount of technology change, and petitioners' inability to predict where growth will occur. They have a goal of providing a certain level of service combined with the goal of profitability. Those two things drive their decision to install another tower. Their problem is inability to predict the future. The tower before us tonight is adjacent to the township and Oldsmobile. They could get agreement to put it on Oldsmobile property, and/or on railroad property, in which case we would not have a say about it. For towers inside city limits, the City gets licensing fees, zoning fees, taxes. Chairman Goolsby said we need something from the City Attorney about the whole process and putting more than one antenna on one tower. It may take an ordinance change to deal with the proliferation of applications that are going to come in. The field is proliferating so quickly. 11. BOARD MEMBER COMMENTS PLANNING BOARD DECEMBER 17, 1996 P. 18 Mr. Frederick offered-an apology for missing the last meeting. Mr. Ruge asked what is happening with the property on Saginaw; Mr. Ruff said he will be mailing out applications. Mr. Ruff has made a videotape record of M.L. King Blvd. and Cedar St.; banners are now a more prevalent problem than temporary signs. Beverage distributors hand them out. The automobile dealers use them. Mr. Ruff plans a coordinated city-wide effort of Planning, Zoning, and Code Enforcement, together with Channel 28, broadcasting information, sending letters, and providing information to businesses and business associations concerning legal and illegal signs. "It is hard to get the signs down. We will have to move on this as a group." 12. ADJOURNMENT - was at 9:33 p.m. Respectfully submitted Eleanor K. Love, Secretary Lansing Planning Board mn121796 a:\34 SLU-9-96/ACT-23-96 925 Stanley Street GENERAL INFORMATION APPLICANT: Lansing Cellular Telephone Company ("AirTouch Cellular') 3300 Wood Street Lansing, MI 48906 STATUS OF APPLICANT: Leasee REQUESTED ACTION: Special Land Use: Public Utility in a Residential Zone Act 285 Review: Private Use of Public Property EXISTING LAND USE: West Side Park EXISTING ZONING: "B" Residential PROPOSED ZONING: No change PROPERTY SIZE & SHAPE: Park - approx. 14 acres Proposed Site -approx. 50' x 165' = 8,250 sq.ft SURROUNDING LAND USE: N: Con Rail S: GM Plant E-. Single Family Residential W: RR tracks and GM Plant SURROUNDING ZONING: N: "H" Light Industrial S: "H" Light Industrial E: "B" Residential W: Lansing Township MASTER PLAN DESIGNATION: The River Island Area Comprehensive Plan designates this area for park land and open space. SLU 9 961ACT 23-96, 925 Stanley Street (West Side Park), Page 2. SPECIFIC INFORMATION The applicant is proposing to construct a 155 ft. Cellular monopole tower and single-story equipment building at 925 Stanley Street (West Side Park). The park property is zoned "B" Residential District. Section 1248.04(e) of the Zoning Code allows utility use with a special land use permit. AGENCY RESPONSES AMERITECH: Utility easement will be required for service to new tower. Will also require additional work in ROW for access to existing network. Assessor: No response. Building Safety: The project is subject to the Site Plan Review Process, as well as the City of Lansing Building Code. Please contact Christine Segerlind for information pertaining to the above described processes. BWL: See attached. City Attorney: If this is dedicated park property, there is an issue as to how this use is consistent with the public park use of the property. Be aware, however, that the Parks and Recreation Department has property supervision functions over same property that is not dedicated park property. Consumers Power: No response. Continental Cable: No response. Development: Lease required for use of space, possible survey of public land; P.A. 285 required or completed; Check possible restrictions related to use of park land (if is park land for non-public purposes; recommend review of deed. Fire Marshal: No objections. SLU 9 96/ACT 23-96, 925 Stanley Street (West Side Park), Page 3. Old Oakland Neigh. Organization: See attached. MDOT: No response. Parks and Rec.: See attached. Will tower have support cables? If so, where would these be placed. This would definitely detract from the value of the land. Compensation of $10,000 to $15,000 per year for life of the lease would be sufficient. Funds to be placed in park and acquisition and development account. Public Service: No response. Trans. Engr.: Consideration should be given to gating the access driveway at Stanley Street to inhibit unauthorized use of the driveway. ANALYSIS 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. 1. COMPATIBILITY WITH USE ON ADJACENT PROPERTIES The proposed Cellular Tower and equipment shelter will be located in the West Side Park at 925 Stanley Street. There is the BWL building just north of the proposed structures. The surrounding uses consist of industrial uses to the north, south and west and Single Family to the east of the proposed tower and equipment building. The location is approximately 600' from the nearest residential structures. The use of a tower is permitted in the "B" Residential District with a special land use permit. 2. CHANGE IN THE ESSENTIAL CHARACTER OF THE AREA AirTouch Cellular site acquisition specialists selected this site in cooperation with the City of Lansing in an effort to locate the use in an area where it would be compatible and nonintrusive. The proposed site is currently utilized as a metering station with an existing one-story brick building as its only improvement. The tower Prepared by DMW SLU-9-96/ACT-23-96, 925 Stanley Street (West Side Park), Page 4. is reasonable in this location when considering the railroad and GM Plant to the immediate west and the large area of the parkland. In addition, the cellular telephone facility will be constructed in accordance with the FCC's requirements. 3. INTERFERENCE WITH GENERAL ENJOYMENT OF ADJACENT PROPERTIES According to the applicant, the use of the site for a cellular telephone facility will protect and promote the health, safety, moral, welfare and reasonable comfort of the residents of the City of Lansing. Cellular telephone services provide an essential means of communication in today's world. Cellular phones are used not only for business and personal purposes, but also by local police, fire and emergency medical services, especially when other forms of communication are rendered inoperable. The Federal Communications Commission (FCC) regulates areas where towers and antennas can be located. This proposed location appears to be within the accepted limits of the FCC and will be constructed in accordance with the FCC's requirements and all applicable laws, rules, regulations and requirements now in force or which may hereafter be in force. Staff has no reason to believe that the proposed tower will create any interference with the general enjoyment of adjacent properties. The Parks and Recreation Department has no objections to the proposed structures being constructed in the park at this location. 4. IMPROVEMENT TO PROPERTY AND SURROUNDING ARE According to the applicant, the use of this site for a cellular telephone facility will protect and promote health, safety, morals welfare and reasonable comfort of the residents of the City of Lansing. The applicant_ is proposing to improve the landscaping in the area. There will be no exposed equipment on the monopole or equipment shelter and the facility will-be fenced to protect the public from possible injury. 5. ENVIRONMENTAL IMPACTS According to the applicant, the proposed cellular telephone facility will not emit any noise, smoke, odor, fumes or glare which would threaten the natural environment or be detrimental to the health, safety or welfare of persons or property. In addition, no toxic materials will be used or generated by the telephone company site. Also, according to the applicant, the use of the tower will not adversely affect other electronic equipment in the area. If, for some reason it does, the company is required by the FCC to fix the problem. Prepared by DMW SLU-9-96/ACT-23-96, 925 Stanley Street (West Side Park), Page 5. 6. IMPACT ON PUBLIC SERVICES The applicant indicates that the location of a cellular monopole and equipment shelter will not require water service, gas service, etc. Telephone and electrical services will be provided from an existing utility pole or line adjacent to the proposed site. There are no other impacts on public service anticipated due to the construction of this tower and equipment building. 7. IMPACT ON UTILITIES None anticipated. 8. COMPLIANCE WITH THE MASTER PLAN The River Island Area Comprehensive Plan designates this area for park land and open space. A cellular tower is a use allowed with a Special Land Use permit. 9. COMPLIANCE WITH ZONING DISTRICT REGULATIONS A cellular tower is a use permitted in the "B" Residential District by special land use permit. they On Thursday, November 14, 1996, the Board of Zoning Appeals approved variances to allow a 155' tall cellular tower, rear and side yard variances. An Act 285 Review is also required because its private use in a public park. The health and safety issues were addressed by the applicant. Summary The proposed special land use is compatible with adjacent land uses and will not change the essential character of the area. The proposed special land use should not interfere with the general enjoyment of adjacent properties nor have any adverse impact on the surrounding area. The proposed special land use should not have any negative impact on the environment, public services or utilities. The River Island Area Comprehensive Plan designates this area for park land and open space and a cellular telephone facility is a use permitted with a special land use permit in the "B" Residential District. Prepared by DMW SLU 9 96/ACT 23 96, 925 Stanley Street (West Side Park), Page 6. RECOMMENDATION Staff recommends approval of the request to construct a 155 ft. Cellular monopole tower and single-story equipment building at 925 Stanley Street (West Side Park) contingent upon the following: (1). No barbed wire on the fence; (2). A landscape, Screening and Buffering plan be submitted and approved by the Parks and Recreation Department and the Department of Planning and Neighborhood Development; (3) the service drive entrance shall be gated, (4) any trees lost due to the construction of the tower shall be replaced; (5) the City Attorney's office shall review the appropriateness of this requested action in this park land prior to City Council action. In review of the applicant's request, an Act 285 Review is required for the use of public land for private use. Act-23-96, Cellular Monopole Tower and Equipment Building, City of Lansing Property at West Side Park, Private Use of Public Land ANALYSIS An Act 285 Review is conducted when the City purchases, sells or substantially changes the use of property. According to Section 125.36 of Act 285, PA 1931, as amended, the character, location and extent of the proposal must be evaluated. BACKGROUND According to the applicant, this part of the City of Lansing is disadvantaged due to sporadic service. This area of the city is isolated with current cellular coverage being inadequate to service call demand. The proposed site has been identified by the applicant's engineers to fill the void adding capacity and improving coverage. Also, based on the information provided by the applicant, the proposed equipment shelter will be a one-story, computerized unmanned telephone exchange structure. A security system will be monitored 24 hours per day. The cellular antenna and equipment shelter will be approved by the Federal Communications Commission (FCC) and will not impact any frequency sensitive devices. There will not be any loading or unloading area needed. A service vehicle will enter and exit the site 2-4 times per month. The following is a review of the project in accordance with the standards of the Municipal Planning Act (P.A. 285). Prepared by DMW SLU-9-96/ACT-23-96, 925 Stanley Street (West Side Park), Page 7. LOCATION: The proposed 12' X 26' (312 sq. ft.) equipment shelter, a one- story building and 155 ft. tall Cellular monopole tower will be located at 925 Stanley Street (West Side Park). According to the applicant, this site is centrally located and the use of the site for a cellular telephone facility will protect and promote the health, safety, morals welfare and reasonably comfort of the residents of the City of Lansing. The Federal Communications Commission (FCC) regulates areas where towers and antennas can be located. This proposed location appears to be within the accepted limits of the FCC and should not interfere with other stations on the same frequency. CHARACTER: The site is approximately 8,250 sq. ft., part of the 14 acre of park land of the .West Side Park. Since this equipment building and cellular tower are located in a park, it should not interfere with the residential character of a neighborhood. There may be some small trees proposed to be removed for the construction of the equipment building and tower. However, this should not change the character of the area, a park. Therefore, it should have no adverse impact on the surrounding area. EXTENT: The proposed cellular tower and equipment building is being proposed to be located south of the BWL property in West Park at 925 Stanley Street which is zoned "B' Residential. The location of the building/ tower is a use permitted in the zoning district. The residential neighborhood is to the east of the park and the equipment building and tower are approximately 600 feet to the nearest residential house. to The Board of Zoning Appeals approved a variance (BZA 3423.96) for the height of the cellular tower and rear yard setbacks for the equipment building and tower. A Special Land Use, to allow a cellular tower in the "B" Residential District, is also required for approval by the Lansing Planning Board. At the Public Hearing meeting on December 3, 1996, it was suggested, that "AirTouch" Cellular explore the possibility of using the BWL existing building for their facilities instead of a new building. Since that time, BWL has agreed to let AirTouch utilize a portion of the building for their facilities. Prepared by DMW SLU-9-96/ACT-23-96, 925 Stanley Street (West Side Park), Page 8. SUMMARY The proposed subject piece is approximately 8,250 sq. ft of a 14 acre of park land in West Side Park. The construction of a cellular tower and equipment building should not have any adverse impact on surrounding uses. The character of the area should not change as a result of this proposal. RECOMMENDATION Based on a review of the location, character and extent of this proposal, staff recommends approval, reserving the appropriate easements, contingent upon approval of the Special Land Use permit. Staff recommends further that the applicant consider gating the access driveway, as suggested by the traffic engineer. Prepared by DMW CITY of LANSING INTEROFFICE COMMUNICATION TO: DAVID C. HOLLISTER, MAYOR FROM: R. ERIC REICKEL, DIRECTOR OF PARKS AND RECREATION CC: JAMES SMIERTKA, DENNIS SYKES, PARK BOARD DATE: OCTOBER 17, 1996 SUBJECT: CELLULAR TOWER/WEST SIDE PARK Ms . Doris Beck of the Lansing Cellular Telephone Company attended the September Park Board meeting requesting permission to lease part of West Side Park presently utilized by the Board of Water and Light at 925 Stanley for a cellular tower. As part of this recommendation the Cellular Telephone Company is offering compensation to the City through a long-term lease. These monies would be deposited into the Parks Acquisition and Development Fund. As part of the conversation, the Park Board inquired of Ms . Beck whether or not the Cellular Company would be willing to work with the Capital City Horseshoe Club to make improvements at West Side Park. The Capital City Horseshoe Club has requested several items be accomplished to host the Wolverine State Horseshoe Pitchers ' Association state tournament in 1997 . Based on that request and Ms. Beck's agreement, the motion was made by James that the Park Board recommend approval of the Lansing Cellular Telephone Company installing a tower on the property being utilized by the Board of Water and Light at 925 Stanley for a cellular tower. In addition, the. Board recommends Lansing Cellular Telephone Company work with the horseshoe group to determine if there are improvements desired by the Capital City Horseshoe Club that Lansing Cellular Telephone Company would be willing to. help finance. Seconded by Filice. It is also understood that this recommendation is contingent upon a 285 review and approval of the City Attorney' s Office pertaining to the agreement as submitted by the Lansing Cellular Telephone . Im/C:\WP\DATA\REICKEL\CELLULAR.DH ., 3 Sn a W� t.: -4 ON aI`• 4 a � e '•� o ! I � bM I II a' t t I L. ! � �. .. •. WN aZ9�i ��i-si�s "s"si ift1 :� to Aa " _ A 1; I. �` r 8TANLEY 8T.(WNW all mi v Pay I Ill n i ➢ }�� li�� � ; fill 1} { }.;,.... IT . ir #�6a �� •S �s + iisif Y �E. raa:a r r; .1 •.� pm! g; rr1 a •`s: ' .•=_ liQ. r r t a f I ia a}irl . p �Fi �.p �i iv �. a ! ,a a l a 94044-488 I i-AROW MIDWESTERN CONSULTING an v u�a y._._. ,•,.�•=,•gym.. / �%/ ..a^^ ,j,✓�YJ'a'':/,r �'wYry�//�..,:rr(r`r/% i/I/ r / //j-r 2 �r➢- Y w.o < _g >' f. -k ��/,(.�Oy.,b"�,/J;+ /: `/3' ry✓�"/` '< „»'�lv s<�s,rr 'N`'� " .r y r/r�J/�.w r - x�. '�r//Fir r e h/!� oj-''�oX*5✓.,avG3%i/�"r'�'i�r''�a!//5 ' / : r �i' /// i�/G�° /i :///r�✓%i'r/i.��'/n.'$L> /ry 1 f / .,r///F/rj.� /r / AZ" / // /ir.✓' S /"yi yrs.r/,r/ a4 %'e' /,/, //fir'//i// / rr s•'�r.r r..�/,/ /�.�.✓sz. y //iv/ > WATER&LIGHT WORKING HARD TO SERVE YOU P.O. Box 13007 R.A.Ophau9 123 W. Ottawa Street Director Corporate Planning Lansing, MI 48901-3007 517371.6113 Fax 517371-6107 517.3 71•6000 December 2, 1996 DEC 0 3 1996s Doris M. Witherspoon Department of Planning and Neighborhood Development PLANNIrv� p/Vl�iprv, City Hall Annex Lansing, Michigan 48933 Dear Ms. Witherspoon: The subject parcel is under the jurisdiction of the Board of Water and Light, see attached copy of City Council Proceedings for July 30, 1951. The Board of Water and Light has no objection to the joint use of the property as long as access for operation, and maintenance of its facilities are maintained. As indicated in the attached copy of a memo to Mr. Eric Reickel, Director of Parks and Recreation, we would be willing to recommend to our Board that the jurisdiction of the property be returned to the Parks and Recreation Department subject to our retaining the existing easement, and obtaining a new easement for the continued operation, and maintenance of the existing control cables in a duct bank in the easement area, and which run through the metering building west across the railroad tracks. There is also an existing electric service to the metering building. The existing metering building grade floor and above is available for lease to the Lansing Cellular Telephone Co. to house their equipment since our present and projected future use is limited to the basement area. Access to the cables and sump pump for maintenance would have to be maintained. If Lansing Cellular Telephone Co. requires the use of the access roadway which is within the easement granted to the Board of Water and Light, we would expect them to be responsible for maintenance of this access road since our access needs will be more limited than theirs. If you have any questions or desire additional information, please feel free to contact me (telephone 371-6113). Sincerely, t Ro er A. Ophaug Corporate Planning Director RAO:rs 512 COUNCIL PROCEEDINGS JULY ]e. 1951 `. By Committees on Parks and Utilities— turer's Railroad right-of-way and Spike'■ I Alley be rescinded. Whereas, the City of Lansing owns property commonly referred to as the West Adopted by the following vote: Side Field, under the jurisdiction of the Board of Cemetery and Park Commis- Yeas—Ald. Bowerman. Brown. Coller. sioners, upon which a portion thereof the Dell. Eddy. Graham. Hayden. Helms. Board of Water and Electric Light Com- Kircher. Leatherman. Lucasse. Munyon. missioners is desirous of constructing a Reed. Russell.ne.Wall—I5. building along the Lansing Manufacturer's Railroad right-of-way and to obtain an easement to run cables and for ingress and egress to such building from Stanley By Aid. L.earherman— Street: and Whereas• it being deemed desirable that Resolved by the City Council of the City the property hereinafter described be trans- of Lansing: ferred from the jurisdiction of the Board That the time for the payment of the of Cemetery and Park Commissioners to the jurisdiction of the Board of Water Special Assessment for the construction of and Electric Light Commissioners: now. sewer in Lansing Manufacturer's Railroad therefore, be it right-of-way and Spike's Alley be extended and the assessment levied, collected and Resolved. that the following described paid in three equal annual installments• the first such Installment to be levied by the property be so transferred. namely: Assessor upon the next us roll, one-third i "Beginning at a point on the east on the roll of 1952 and the remainder on line of the Lansing Manufacturer's the roll of 1963. to bear interest at six Railroad right of way. 1175 feet north per cent per annum upon any unpaid por- of the center line of Saginaw Street. tion thereof from July 31. 1961. I thence east 50 feet- thence north and Adopted by the following vote: northeasterly parallel to the east rail- road right of way line [approximately Yeas—Ald_ Bowerman. Brown. Coller. 150 feet) to the north line of the south- Dell- Eddy. Graham. Hayden. Helms. west V4 of the southwest Sfs of Section 8. T { N. R 2 W. thence So feet west Further, Leatherman. Lucaase. Munyon• to the Lansing Manufacturer's right Reed. Russell. Wall-15. of way thence southwesterly and south Nan—None. to the point of beginning" I Further that the Board of Water and By Aid. Hayden— Electric Light Commissioners shall have Hayden— an easement to run cables and for ingress Resolved by the City Council of the City and egress to and from the property herein of "rising: transferred to Its jurisdictlon from Stanley Stint and it shall assume the cost of That some consideration be given to erecting suitable fences and gates for the using properties on S. Grand Avenue and protection of its property and the Cost River Stint. that the city owns• for park- r of building and maintaining the road ing purposes. parallel to and 10 feet from the north boundary line of the property now under Referred to the Committee on Buildings the jurisdiction of the Board of Cemetery and Properties. and Park Commissioners from Stanley • Street, in consideration of which the Board of Water and Electric Light Commissioners shall trana[er to the Board of Cemetery PUBLIC IMPROVEMENT I and Park Commissioners the sum of 12.000. By Aid. Graham— Adopted by the following vote: i _ Yeas—Aid. Bowerman, Brown, Coller. Resolved by the City Council of the City Dell.. Eddy. Graham. Hayden. Helms. of Lansing: Kircher. Leatherman. Lucarse.- Munvun• That it is a public necessity. and It is � Reed. Rus-,ell. Wall-15. hereby determined to construct Curb and Nays—None. Cutter ialso Blacktopr on Dunlap Street from Stabler Street to South Washington Avenue. I By Aid. Leatherman— That the City Engineer be and hereby is directed to estimate the kind and quan- Resolved by the City Council of the City tit, of material to be used therefor. and of Lansing: w estimate in detail the probable cost and expense of such work and of the materials That the Resolution adopted July- 23, to be used therein, and make a record 1 1951. [page 4991 relative to the payment thereof in his office. and cause to be pre• of the Special Assessment for the can- pared so far as necessary. plans and speci- I struction of sewer in Lansing Jlanufac- fications for such work, and to prepare I 11-14-1996 02:04PM f-KHum i u 4d.5bi .5b r.eJi FAX MEMO OLD OAKLAND NEIGHBORHOOD ORGANIZATION 918 DURANT STREET LANSING, MI 48915-1331 Date: November 14, 1996 To: Doris Witherspoon, Lansing Board of Zoning Appeals Fax#: 483-6036 Page(s): 1 Total Re: Tonight's hearing, agenda item re 925 Stanley Dear Ms Witherspoon - Our neighborhood organization covers the area from Westside Park and Dunnebacke Park, east to Cawood, and from Oakland north to Willow. We have the following concerns: 1) Are there any health effects from the tower's transmission? 2) What effect will there be on electronic equipment in the home, i.e. cordless and cellular phones, answering machines, TVs, radios, computers, etc? 3) How sturdy will the tower be in high winds and stormy weather? Will it act as a lightning rod? 4) What will happen to the building that's already there? 5) What will prevent or deter vandalism to the new building and/or the tower? 6) Are there similar towers now in the Lansing area, and if so, where? Have there been any safety or health infractions thus far? What about problems from similar towers elsewhere in the USA? Thank you for your consideration of these issues. Sincerely, P;ilSharkey, Treasurer Old Oakland Neighborhood Organization SLU-9-96 , 925 Stanley Street Cellular Tower on Park Land r 662• 670 IJ OEI EIX p El r� /J x 852.4 LE ,.i 0 hC� � /' 25 ❑ r 864. `- / 862.9 ❑ [ f 1 DUNNEBACKE ❑ PARK i 558.2 ❑ ❑ 5.9 .6 nc z 859.0 . t J 356.3 ❑ V 1 ,B 866.2 x 865. 60.9 2 X �� 61.5 24 ter 8655�C�IILL�� B62 1 g m port /8 868.4 865.7 X 24 k p 364,1 A- ❑ 862.2 20 SLU-10-96 510 West Willow Special Land Use for a Residential Care Facility GENERAL INFORMATION APPLICANT: Dimensions of Life 3320 West Saginaw Street, Suite 12 Lansing, MI 48917 STATUS OF APPLICANT: Corporate Secretary: Darlene F. Stickel REQUESTED ACTION: Request for a Special Land Use permit for property located at 510 West Willow Street, PPN:,3301-09-153-131 EXISTING LAND USE: Residential (Willow Manor-an elderly residential care facility licensed for 42 women) EXISTING ZONING: "C" Residential PROPOSED ZONING: No change PROPERTY SIZE & SHAPE: Irregularly shaped 330' deep with 173' frontage: 47,625 square feet (1.09 acre) SURROUNDING LAND USE: N: single family residence to the NE, Consumers Power to the northwest S: Consumers Professional Credit Union E:- single family residence W: office building and apartments SURROUNDING ZONING: N "B" Residential, "I" Heavy Industrial to the northwest S: (across street) "D-1" Professional Office E: "A" Residential W: "D-1" Professional Office MASTER PLAN DESIGNATION: The River Island Plan and its Willow-Pine amendment indicates this area as low density residential for future land use. CASE HISTORY: The subject property, Willow Manor, has been an elderly female residential facility licensed by Planning Board SLU-10-96 510 W. Willow Page 2 Residential Care Facility the State of Michigan to house a maximum of 42 women. It is owned and operated by the Ingham County Home Association. The owners are planning to relocate the remaining number of residents to a new facility under construction in Haslett. The building was constructed in 1930 with additions in 1940 and 1965. BACKGROUND INFORMATION The property at 510 W. Willow is zoned "Cn Residential which allows for single and two family homes. Reasonable uses of this property are limited since the existing layout of the structure with its 40 bedrooms does not lend itself to a single or two family home. Other uses, permitted by Special Land Use, are also limited given the lot size and layout of the building. The structure, for example, could not be used as a church since the lot does not meet the minimum two acre parcel size. Other uses permitted by SLU, which may be questionable given the floor plan, include: a child care facility- if it meets the four conditions of the ordinance, a private club, fratemal organization or lodge hall, " a recreational facility not owned or operated by a governmental entity. Residential care facilities are permitted by Special Land Use permit in the "C" Residential Zoning District subject to the three conditions discussed in this report. A Residential Care Facility, as defined in Section 1240.03 (123) is defined accordingly: "Residential care facility" means a governmental or nongovernmental establishment having as its principal function foster care for more than six persons. "Foster care"means the provision of supervision, personal care and protection, in addition to room and board, for twenty-four hours a day, five or more days a week and for two or more consecutive weeks, with or without compensation. "Residential care facility" includes, but is not limited to, facilities for persons who are homeless, parolees, ex-offenders, aged, emotionally disturbed, developmentally disabled or physically handicapped who require supervision on an on-going basis but do not require continuous nursing care. A residential care faciW does not include any of the following: A. A nursing home licensed under Article 17 of Public Act 368 of 1978... B. A hospital licensed under Article 17 of Public Act 368; or C. A hospital for the mentally ill or a facility for the developmentally disabled operated by the Department of Mental Health under Public Act 258 of 1974, as amended. Planning Board SLU-10-96 510 W. Wi11oW Page 3 Residential Care Facility SPECIFIC INFORMATION DEVELOPER'S PROPOSAL: The applicant wishes to purchase the facility at 510 West Willow in order to relocate the Dimensions of Life Living Center from its current location at 3320 West Saginaw, in Lansing Township. According to the applicant; Dimensions of Life will provide an economical, structured, drug free living environment for individuals suffering from disease of chemical dependence. Information regarding the Dimensions of Life program is attached. This is a type of transitional housing (compared to being a shelter or permanent housing). The average stay of the women will be five weeks. The subject proposal will consist of a residential care facility to house up to 45 women as indicated on the application. Ms. Stickel has indicated that the facility will most likely accommodate approximately 32-35 people on average. A small portion of the facility will be used in the assessment and outpatient treatment of families, single parents, and men. Ms. Stickel also indicated that there will be up to four IOP (Intensive Out Patient) clients who will come in for a 9:00 am to 2:00 pm session and up to five individuals will come in throughout the day for an hour appointment . AGENCY RESPONSES: Ameritech: No comments Assessor: (No Response) Building Safety: (No Response) Planning Board SLU-10-96 510 W. Willow Page 4 Residential Care Facility BWL: (No Response) City Attorney: There can be an issue of "reasonable accommodations° under Federal Fair Housing Act if the residential care facility is for the handicapped. Consumers Power: (No Response) Continental Cable: (No Response) Development Office: Establish whether this is a shelter facility, transitional housing or permanent housing. Notify development office of status. ,Community Policing: I talked with Steve Guthrie of "Dimensions of Life" and I feel it would be an asset to the area. There could be jobs for local residents and the quality of the business and its current employees would only build to the location. The current business in Lansing Township is clean and the business nearby like having them around! Fire Marshall: No objection. MI Dept. Transp: (No Response) Parks & Recreation: Keep building at a scale (one story) that's appropriate to the neighborhood. Parking and access should be on west side of parcel with access to Willow. (Dick Shafer) Public Service (No Response) Transp. Engineer: Adequate off-street parking must be provided for this land use in accordance with current design standards. The Willow Street driveway may require widening to meet current design standards. Please provide a site plan drawn to scale for review and comment. Planning Board BLU-10-96 510 W. Willow Page 5 Residential care Facility N Lansing Com Assn: (No Response) Downtown Nghb Assn: The Property Issues Committee of the Downtown Neighborhood Association does not object to the Special Use Permit at this time. The DNA does, however, wish to stay informed of this situation: to monitor the progress of the request and to continue dialogue with Dimensions of Life, Inc. to assure appropriate use of the property at 510 W. Willow. (Penelope A. Zago, President, Downtown Neighborhood Association) Old Forest N Assn: (No Response) Walnut Nghb. Org: (No Response) ANALYSIS 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. 1. Compatibility with Use on Adiacent Properties The proposed facility is surrounded by a variety of development. An office building is located immediately to the west, and south (Consumers Professional Credit Union). To the north and west lies the Consumers Power Facility, zoned "I" Heavy Industrial. Single family homes exist to the north and immediately to the east. The actual physical structure will not change with this proposal. It has been used as a residential care facility for 42 elderly women in the past. This special land use will result in a change in the type of residents and their length of stay. 2. Change in the Essential Character of the Area The change in use of the existing structure, should not change the essential character of the overall area which includes a variety of land uses in the area. The zoning of the property will not be changed to accommodate this proposal, thereby not increasing real estate speculation along Willow Street and other nearby areas. Planning Board SLU-10-96 510 W. Willow Page 6 Residential care Facility 3. Interference with General Enjoyment of Adiacent Properties Several letters were submitted by owners of businesses and residences near the existing location of Dimensions of Life at 3320 W. Saginaw. These letters expressed their support for the facility and thanks for the good management of the facility. At the December 3, 1996 Planning Board Public Hearing, two neighbors that live adjacent to the subject site, raised several concerns. These generally related to: The proposed use is a more intense use of the property, since their will be a change in residents (younger women vs. older women) with different needs. Additional vehicular traffic and noise. Concern whether their will be a sufficient number of parking spaces. Disruption to neighbor's dogs Concern for safety Reduction in amount of privacy- particularly as one of the neighbors backyard backs up to the backyard area of the subject property. Staff believes these concerns can be addressed with additional parking, landscape screening and buffering, and good management of the residential care facility and should therefore not interfere with the general enjoyment of adjacent properties. 4. Improvement to Property and Surrounding Area The Dimensions of Life, Inc. has indicated their willingness to appropriately landscape, screen and buffer the site from surrounding properties and create additional hard surfaced parking spaces where needed and required by the Planning Office. The inspection of the property, conducted on December 11, 1996 by the City of Lansing, will provide a list of code related items that the facility will have to comply with in the area of structural, mechanical, plumbing, and electrical systems of the building. The applicant also indicated the building will be painted as weather permits, and landscaping of the interior courtyard will be completed. These should represent substantial improvements to the property and surrounding area. 5. Environmental Impacts No negative impacts are anticipated as a result of this proposal. Planning Board SLU-10-96 510 W. Willow Page 7 Residential Care Facility Impact on Public Services No negative impact on public services is anticipated as a result of this proposal. 6. Impact on Utilities No negative impact on utilities is anticipated as a result of this proposal. Sufficient capacity exists to accommodate the additional residents. 7. Compliance with the Master Plan The River Island Plan and its amendment, the Willow-Pine Plan, identify this area as low density residential land use. Residential care facilities are permitted in residential zoning districts subject to a Special Land Use permit 8. Compliance with Zoning District Regulations Section 1248.04 of the Zoning Ordinance permits residential care facilities by Special Land Use Permit in the residential districts if it meets all the following conditions and if it meets the nine standards listed in Chapter 1282: "Special Land Use Permits": 1. The residential care facility provides a minimum lot area of not less than 1,000 square feet per resident. This requirement is met since the site is 47,625 square feet in size and the applicant proposes to license the facility for up to 45 women. 2. Twenty-four hour supervision is maintained by a sponsoring agency. The Dimensions of Life will supervise this facility on a 24 hour basis. 3. The proposed residential care facility is located more than 1,500 feet from an existing residential care facility which provides care for more than six persons. This requirement is met since no other similar licensed facility is found within 1,500 feet of the proposed site (see attached map) The Zoning Ordinance does not specify parking requirements for the proposed use. However, staff believes the minimum number of parking spaces on site should accommodate staff and IOP clients. The applicant has indicated that at Dimensions of Life expects to have the following parking needs: Staff: 8 spaces Planning Board SLU-10-96 510 W. Willow Page 8 Residential Care Facility IOP Clients: 4 spaces Volunteers: 1 space Agency Vehicles: 3 spaces Total Spaces: 16 spaces The parking lot to the east of the building has 10 parking spaces. Additional parallel spaces are available behind the building along the north side of the drive. This proposal will have to provide the minimum number of parking spaces required for the amount of staff as projected above. Therefore, an additional 6 parking spaces will be required on the property. OTHER A petition with eleven signatures in opposition to this special land use permit was submitted by Mr. Andrew Abood, the attorney representing Mr. and Mrs. Cecil Rials who live at 500 W. Willow. One of these was from Consumers Professional Credit Union. SUMMARY Based upon the analysis of the special land use permit, it meets all of the nine principles required. The proposed special land use is harmonious with the character of adjacent property and surrounding uses. The change in the type and number of residents should not significantly effect adjacent properties. The proposed special land use will not change the essential character of the surrounding property, once appropriate landscape, screening and buffering is in place. The proposed special land use will not interfere with the general enjoyment of adjacent properties. The proposed special land use will not be hazardous to adjacent properties. The proposed special land use will not place any demands on public services and facilities in excess of current capacities. Planning Board SLU-10-96 510 W. Willow Page 9 Residential Care Facility The proposed special land use is consistent with the intent of the zoning code and objectives of the current comprehensive plan. RECOMMENDATION Staff recommends that the.special land use be approved subject to the approval of a landscape, screening and buffering plan, that may consist of fencing and or landscaping. The Planning Office reserves the right to require fencing and/or landscape materials that would best screen any views objectionable to adjacent neighbors or to inhibit trespassing. Approval of this Special Land Use Permit is also subject to the corrections made to the facility based on the inspections made by the City of Lansing. -OCT-21-1996 15:59 FROM MUSSELMAN REALTY TO 3496204 P.04 ��"w •� F"ieSY rco7L 'OCO SEC.�,+C �L -NG�•/ 10(6 �r �f.�- � r �1a•�,r R..a,a. 4..zr♦ �7.•z�z Ci+ 2�0 4oa.3f .�•7L • �+3s A6—37 r—t JQ Fr, f,7 Nn 9+5 0.7 .. • � Qoo.I 31 t :l Dr Zo 7 P.p.r I t=•�:i. Rn zos Rr,zo•1 .. -,r 4cw 5trt �: Rr to3 R.r Zoz ` r • 200.+ � Jf-! 51 RT f G P.e tm � K.rtwb•J 74 a cv orr++tn[(' '4 5.3 NY•3. ~ r r� (•r� O 1-13 sr � ocaKE f��'•K t-H f `rfST k-V-• 111-0 SEta'/b �toaC-zlCs+t 7 S (, r.t 3 ' -- OCT-21-199G 16:00 FROM MUSSELMAN REALTY TO 3496204 P.05 GKarn o tr-Lo a- -OLO Fees r Frnoc.- &L-.N/OW :! •f'�R��_._may •• � • ! w+ S-16 T� I �rt;t � � _�0i•s .I FvI•.•c! L.•LI L,6uwJ X.+'/IT may•//S l/�TN ' � G) ZL l07 Ir 2.l•/of. rz..,,0 Jos �•,o, •� 01 + ©r-la . U L�— Y1'�..J FA E.+4L s.l. ]'10 yy (L - LoruPL - r �c • (d1 r.,. bcr roe ssc•cc _ ' •--- 3-3 • a•Y Lwwws� /1 (Dr 3-7 1 � a (s,Lpw�rD GcrL�•�-Ac0 / �RSr �t4PC. '-�/6W /s Fc.00 2 FLanl � iSIONS of 1-800432-0340 � tee,.) �` 'd 3320 W.SAGINAW STREET PHONE(517)886-0340 ` 4 PROFESSIONAL BUILDING WEST Fax(517)886-0505 SUITE 12 LANSING,MICHIGAN 48917 A HUMAN SERVICE CENTER Dimensions of Life believes that an individual is an integrated,dimensional being. Using this philosophy, we offer a variety of programs which can be applied to all dimensions of an individuals M. We are accredited by Joint Commission on Accreditation of Heath Care Organizations,and licensed by Michigan Department of Public Health Center for Substance Abuse Services. Following are the programs that Dimensions of Life offers to our Living Center clients in addition to our Intensive Counseling Program *Parenting classes offered by Connexion Comprehensive Prevention Services,presented by Raymond L.Wicks,Jr.,Prevention Specialist. * Conflict Resolution lectures by Steve Dennis.. . * Credit Counseling Centers,Inc.offers personal financial planning and home budgeting. *Our Living Center Director,Holly Fife B.A-,is certified by Capital Area Literacy Coalition for tutoring in basic reading and writing. *Our Director of Marketing and Client Education Specialist,Frank Blake B.A.,assesses our clients educational level,provides them with schoollcollege applications in their area,and helps them complete the forms. *Jim Asselin MA,L.P.C.,From Peckham Vocational Industries helps clients staying in the Lansing area find jobs. *Michigan Vocational Rehabilitation Services provides job training for our clients with few job skills. *Ingham County Health Department provides lectures on STD/AIDS information including testing for those who request it *Larry Johnson,Founder/President of Brotherhood Against Drugs speaks to our clients on drug intervention and prevention- * Avelyn Marshall R-N.,M.S.W. provides Art Therapy for our clients using a variety of artistic methods, such as painting,drawing, clay,etc. * Cocaine Anonymous,Narcotics Anonymous, and Alcoholics Anonymous 12 Step support group meetings are held on a daily basis. * Avelyn Marshall R-N.,M.S.W. and Karen Erickson MA,L.P.C. run a sexual assault group for women who have been sexually abused *Rev.Ted Martin of Mt.Zion Church holds a Bible study for those clients interested *Our consulting Medical Director is Kermith Scarlett,D.O. Our consulting psychiatrist is David Picone,D.O. Our Registered Dietitian is Karen Zeitler,RD.from Sparrow Hospital *Two counselors on staff,Tina Johnson MA and Dennis Mitin M.A, S.W. have Masters degrees in biblical counseling. *ML Zion Church and Mt. Hope Church pick up clients for Sunday morning services. *Terri White R.N.,B.A.from United Psychological Services P.C. presents lectures on ADD/ADHD. *We provide an Aftercare group and resource referrals for clients who have completed IOP. *We utilize motivational speakers from the MSU student body. *A Mary Kay consultants speaks to our clients about proper make-up usage and skin care. * Steve Guthrie MA.,our Agency Coordinator,specializes in lectures on health and nutrition_ *During Insight sessions families of the Living Center clients are invited to participate. *We are currently applying for Education and Prevention Licensing through Capitol Area Substance Abuse Commission. Dimensions of Life continues to progress and explore new services to assist it's clients in achieving personal satisfaction in recovery. 7 - �l •:e JL I• , RESIDENTIAL CARE FACILITIES MAP The Zoning Ordinance'requires the proposed residential care facility be located more than 1,500 feet from an existing residential care facility which provides care for more than six persons. This requirement is met since no other similar licensed facility is found within 1,500 feet of the proposed site. PINESdMHISPERIN I' i v f � 1 I 1 I I. T 'E MA I t 66 I �.R .fir+ AVV4 F. f i1 14 !1 SLU-10-96 , 510 W. Willow St .' Noah+ Residential Care Facility 4 u 25 2p 3201 ` PARKING 827 X 825.d EDMORE 819.7 _ /e I 24 830 23 821 i 821( -- /e L zrr 820.8 1.9 71 24 827 wALL /8 825 82 1.. so :io Via! 34./ 842 840.3. I— 8 839.3 29 cn 20 3/ WALL = i �2 20 U 7 X P9 0 824.8� 83B.8- /�/,// 1 I /9 ALLS 8423.. T I �r 30 25 835 834 5/ 843.8 77-2 842.2 WILLOW B36.7 843.61 t 1 27 24 25 27 30 1 28 38.7 I 4— AIIZ 29 28 � I 1 I JO Z5 I� 32 L3 94 I l i L,719 25 NCU-5-96. Page 1 727 Seymour Avenue GENERAL INFORMATION APPLICANT: Lucy Mazurek 727 Seymour Avenue Lansing, Michigan STATUS OF APPLICANT: Owner REQUESTED ACTION: Class A nonconformity to allow for the retention of a enclosed rear stairwell and storage area for first and second floor. EXISTING LAND USE: Multiple Family Residential (3 unit) EXISTING ZONING: "C" Residential PROPOSED ZONING: Same PROPERTY SIZE & SHAPE: 56' x 126' (7,056 sq. ft.) 56' x 26' (1,456 sq. ft.) SURROUNDING LAND USE: N: Single Family Residential S: Multiple Family Residential (3 unit) E: Single/Multiple Family Residential W: Single/Multiple Family Residential SURROUNDING ZONING: N: "C" Residential S: "C" Residential E: "DM-4" Residential W: "C" Residential MASTER PLAN DESIGNATION: The River Island Comprehensive Plan denotes this area as Moderate Density Residential (6-20 du/ac). NCU-5-96 Page 2 727 Seymour Avenue CASE HISTORY On October 19, 1987 a building permit application was signed off by the City of Lansing Planning Office for "building an outside stairwell in rear" for the subject property. It was noted on the application that the footings and foundation were already in place. This information collaborates a memo date October 10, 1991 (attached), which states that stairwell structure was started without the benefit of a permit and that a permit (#9767C) was obtained after the structure was red-tagged. This memo also states that the third floor of this unit was converted from attic space to living space without a permit also. This is collaborated by a Kellogg Realty letter dated December 5, 1996 (attached). On November 8, 1989 the permit for the stairwell was canceled due to lack of performance and the project remained unfinished on the interior. On December 18, 1989, the applicant registered 725 & 729 Seymour with the City of Lansing as two separate one bedroom units. Beginning on page 3 is an account of the actions which took place in regards to the rear stair addition and the illegal conversion and subsequent occupation of the third floor. It should be noted that the applicant filed a Board of Building Appeals Application on January 1, 1993 to allow for the third floor to be utilized for bedrooms without the code required ceiling height. This appeal was postponed until all zoning issues have been resolved. NCU-5-96 Pape 3 727 Seymour Avenue HOUSING CITY OF LANSING INTEROFFICE COMMUNICATION To Henry Hernandez Manaaer of Code Compliance From: Delores Fuller Code Compliance Officer Date' May 3 1994 SSuNect• Lucy Mazurek 727 N. Seymour Attached are the histories of each court case. Note all the extensions the Judges gave trying to gain compliance.Also, Lucy did spend time in jail because she refused to pay the$300.00 fine Judge Davis imposed.The fine was set on 5-12-93 and Lucy still had not paid it in October when she was arrested again.Judge Davis gave her 35 days in jail. RE:725-27-29 N. Seymour 10-19-87 Building permit issued for building an exterior stairway. 11- 8-89 Building permit issued 10-19-87 canceled. 5-9-90 Inspection appointment set for 5-24-90 at 10:00am. 5-24-90 Inspection refused. 5-30-90 Letter sent by Henry Hernandez requiring an inspection to be set up and providing access or a search warrant will be requested. 6-8-90 Inspection set for 6-21-90 at 2:30pm. 6-21-90 Partial inspection made by Jay Lane and Henry Hernandez. No access was provided to 2nd floor unit or 3rd floor area. 6-22-90 Inspection of 2nd floor unit was made by Jay Lane and Henry Hernandez.The owner still refused access to 3rd floor area. Safety letter was written and mailed. 7-24-90 Search warrant executed to inspect 3rd floor and re-inspect the rest of the house. Repairs not made,Jay Lane requested a complaint and summons from the City Attorney's Office. 7-25-90 Letter sent regarding the Illegal occupancy of the 3rd floor,using the structure as 4 units,and only 1 means of egress from the 3rd floor. 1- 1-91 Area taken over by Delores Fuller. NCU-5-96 Page 4 727 Seymour Avenue 3-25-91 Exterior notice sent for missing siding, sinking porch, uneven steps. 4-7-91 Bob Graham red tagged work being done without permit. 6-27-91 Bob Kruch sent letter requiring a site plan be submitted with an application for a building permit. 8-8-91 Re-inspected property, repairs not made, took pictures, and Judge Davis requested a complaint and summons to be issued concerning the exterior violations. 10-31-91 Re-inspected property,requested a complaint and summons to be Judge Filice issued concerning illegal back addition. 1-14-92 Violation letter sent concerning rear addition and Illegal occupancy on third floor. 2-27-92 Permit issued to Eyke Construction to repair front porch and steps. 3-4-92 Received letter from Eyke Construction requesting the permit be canceled. 3-5-92 Permit issued to Lucy Mazurek for rear siding,windows and roof repair. 4-29-92 Permit issued to Lucy Mazurek for front porch,rear stairs and interior repairs. 6-30-92 Bob Kruch inspected property and said it is almost done. 11-2-92 Letter sent from this office setting up certification inspection for 12-2-92 at 10:00am. 12-3-92 Inspection was made of 725,729, and basement and 3rd floor of 727. A four page violation letter was sent.Also,water heater was not venting properly and a separate letter was sent giving until 12-14-92 to repair said water heater. 12-14-92 Water heater repaired and approved by Frank Eirosius. 1-5-93 Third floor was posted"SUBSTANDARD"due to the condition and Illegal use. 1-12-93 Tags were gone,re-tagged house. 1-18-93 Tags were gone, re-tagged house. 1-22-93 Tags were gone, re-tagged house. 1-26-93 Tags were gone, re-tagged house. 1-29-93 Tags were gone,re-tagged house. 1-30-92 Received a copy of a fire report for a fire at 727. Front window was boarded. 2- 1-93 Tags were gone, re-tagged house. 2-3-93 Tags were gone, re-tagged house. 2- 2-93 Tags were gone, re-tagged house, tags were gone again within 2 hours. NCU-5-96 Page 5 727 Seymour Avenue 2- -93 Henry Hernandez requested a reinspection of the property with Lucy Mazurek while she was in his office. No appointment was made. 2-8-93 Requested search warrant due to existing violations,the number of times the.tags have been removed, and the receipt of the fire report. 2-9-93 Tags were gone, re-tagged house. 2-18-93 Search warrant was executed approximately 8:00pm.Mr.William Arthur Hale was found to be living on the third floor.Most of the violations listed in the December 9, 1992 letter still existed.The first floor of Lucy's unit was badly fire and smoke damaged. The police removed Mr. Hale and all of 727 was tagged, including Lucy's portion due to the fire damage.A letter was sent regarding the fire damage. Also, a request for a complaint and summons was sent to the City Attorney's office concerning the violations still existing. 3-15-93 Tags were gone, re-tagged house. 3-17-93 Received memo from Jim Ruff stating enclosed back stairway was added illegally and does not meet with the zoning requirements. The parcel is zoned"C" Residential,which allows a 2 unit. In 1942,the use of the property as a mufti-family unit became nonconforming.Also,the building permit was misleading, it stated an exterior stairway was to be built.Therefore,the back enclosed stairway must be removed. 5-10-93 Tags gone, re-tagged. 6-21-93 Tags gone, re-tagged. 8-27-93 Tags gone, re-tagged. 10-7-93 Lights on at 727. 1-6-94 Tags gone, re-tagged. 2-2-94 Tags gone, re-tagged. 2-8-94 Tags gone, re-tagged. 3-2-94 Requested search warrant again due to the tags disappearing continually and the belief Lucy is living there. 3-24-94 Search warrant executed at approximately 5:30pm.Found living inside were Lucy Mazurek, Robert Pilch, and their 2 children. Lucy had a warrant out for her and she was arrested. Many violations still existed. The house was re-tagged again. 3-25-94 The tags were off,the day following the search warrant. 4-4-94 A request was made to stencil SUBSTANDARD on the house. The City Attorney and Dennis Sykes agreed. 4-15-94 Stenciled SUBSTANDARD on front and back doors of house, Lucy and her children were inside and would not come to the door. We requested another search warrant. 4-18-94 Stenciled SUBSTANDARD was gone from both doors. NCU-5-96 Page 6 727 Seymour Avenue 5-3-94 As far as I can ascertain,most of the violations still exist.Also, I must follow up on having the illegal back addition removed. 5-4-94 Court- Lucy pleaded guilty and had 90 days to get the work done. 5-18-94 Unit 729 N. Seymour tagged SUBSTANDARD. B-23-94 LPD called and asked why the house wasn't tagged. It was tagged, the tags had come up missing several times.LPD was there with a search warrant.The house was a mess and people were living on the 3rd floor again.I took pictures and LPD wanted the house. I would ask Hank. The electric was cut to the house. 7-15-94 Hank and I re-inspected for court Tuesday.The work isn't even close to done. B-2-94 Review in Court. Court determined work not completed. Court required several things and set review - within 35 days. If work not done-90 days in jail. 8-18-94 Re-inspected property. Belongings still there. 9-12-94 Re-inspected property.Work still not done. 9-13-94 Court. People still living in tagged house along with pets. Lucy was given 10 days to remove pets and belongings in all units,Judge Nickerson will sign Writ if not done. Re-tagged entire house again. 9-14-94 Tags off front of building and partially off the back. NCU-5-96 Page 7 727 Seymour Avenue SPECIFIC INFORMATION Agency Referrals AMERITECH No Comment Board of Water and Light No Concerns Building Safety Office No Reply Code Compliance Office No Reply Community Policing No Reply Consumers Power Company No Reply Continental Cable No Reply Development Office Project does not appear to make property more non-conforming. Are they adding storage space? Downtown Neighborhood Assoc. No Reply Fire Marshal No Reply North Lansing Community Assoc. No Reply Old Forest Neighborhood Assoc. No Reply Public Service Dept. No Reply Transportation Engineer No Reply Walnut Neighborhood Org. No Reply Background Information 727 N. Seymour Avenue is a three unit dwelling containing three one bedroom apartments in the "C" Residential District. Chapter 1250 of the Zoning Code allows for a maximum of a two-family unit. Therefore, this property is considered to have a Class B non-conforming status. Chapter 1294 of the Zoning Code states that a Class B non-conforming building can not be expanded in use without first receiving Class A non-conforming status. The applicant is requesting a class "A" non-conforming status to allow for the retention of the exterior stairwell which was begun in 1987 on the rear of the structure. It has been the contention of Jim Ruff, the current Zoning Administrator, that the initial permit application in 1987 was for an `outside stairwell." The stairway as built, not only expanded the footprint of the structure, but also included storage area which could expand the intensity of the structure. Additionally, the stairway provides access to the third floor stairwell. NCU-5-96 Page 8 727 Seymour Avenue ANALYSIS Location Size and Character The size of the structure is approximately 3,000 ft2 and until 1988 was used as three one bedroom units. The applicant is not proposing to increase the intensity of the structure, but wishes to retain the stairwell and storage area. The relocation of storage, coupled with the addition of a new stairway could have the effect of freeing interior square footage for habitable space (bedroom) which would increase the intensity of the use. However, this work would need a building permit and therefore be regulated by the Planning Office review. The expansion of the use is not in character with the neighborhood or the Zoning District. Whereas the expansion of the footprint is not out of character for the neighborhood. Health. Safety and Welfare The proposed stairwell addition provides an secure and sheltered point of access to the second floor. However there does exist a potential for fire hazard if combustible or flammable materials are stored within the stairwell area designated as storage. Vehicular and Pedestrian Traffic Section 1284.13 of the Zoning Code requires one and a half parking spaces for each one bedroom residential units. There are at least five fully accessible parking spaces on site. The proposed request for Class A non-conforming status will not increase the intensity of the use, so therefore no changes in vehicular and pedestrian traffic is anticipated. NCU-5-96 . Page 9 727 Seymour Avenue Summary This property has been used for three one bedroom units since 1934. It is currently a Class B non-conforming structure. An expansion of the footprint and potentially of the intensity occurred in 1987 with the construction of a rear stairwell and storage area. This expansion required a Class A non- conforming status prior to construction. Sometime after 1984 the attic was converted to habitable space without the benefit of the necessary building permit or Class A non-conforming status. The applicant has been issued violation notices at least four (4) times concerning the illegal occupancy of this space. The expansion of the use is not in character with the neighborhood or the Zoning District. Whereas the expansion of the footprint is not out of character for the neighborhood. Class A non-conforming status will allow the applicant to retain the 1987 stairwell and storage area improvements. Future improvements will still need to be processed with new building permits. The proposed stairwell addition provides an secure and sheltered point of access to the second floor. There is sufficient parking on site for the three one bedroom apartments. There is no adverse impact on vehicular and/or pedestrian traffic. NCU-5-96 Page 10 727 Seymour Avenue Recommendation Based on the fact that the stairway and storage area addition alone does not increase the intensity of the use, staff recommends approval of the applicant's request for Class A non- conforming status with the following conditions. 1. The conversion of the attic space to habitable space appears to have been done illegally and without a permit. This expansion of the intensity of use is not appropriate based upon the non-conforming use and will need to be reverted back to unimproved attic space within six (6) months. It is the applicant's responsibility to schedule an inspection time with the appropriate =_ code compliance officer. Failure to do so, or evidence of use of this space as bedrooms will necessitate the Planning Office initiating the revocation of the Class A non-conforming status as allowed by 1294.09 of the Zoning Code. 2. The applicant will schedule a Safety inspection with the appropriate code compliance officer to review the entire structure and subsequently file for the appropriate building permits to correct any code related violations and to complete the interior of the stairwell. All work will be completed on the structure and finaled by the Building Safety Office within 6 months. Failure to do so will necessitate the Planning Office initiating the revocation of the Class A non-conforming status as allowed by 1294.09 of the Zoning Code. Note: Revocation of the Class A non-conforming status would require the stairway structure be removed or the structure's use be made conforming by converting it to a two family dwelling. D:IDATAIWPEPFECnNCU-5-96.WPD Prepared by: Steven L. Hayward, Senior Planner 72- -7 I V V i T a e."-j cis L— LUL M� Z C IZ� S "w`` S � c7-� N U ►'tit�o-v s � C Cm-2. Tprl,� �2_ C---rs T-1 Q I� i o J TO: LANSING PLANNING BOARD ,MEMBERS FROMi SHAROti L. KELLOGG DATE- DECE.MBER 5. i` 96 RE: 72i-727-729 SEYMOUR STREET As a Realtor lvho has specialized in downtown Lansing sine iv7G. 1 ��1 1 this memorandum from first-hand knowledge of the subject propert\. in 1981 1 listed 725-727-729 Seymour Street and therefore%las through the propene on nunicrous occasions before it was sold on 10/1, 1191 There l\ere tlircc apartments in the buiding it that time. There was no apartment on the third Iloor and there was no outside rear stairway. Then. in 1984, 1 again listed the property for the iic11 omici. Therc l\crC tl.rce ap rinicnis in the building and thCrc l%as no apnnnictu on tale third Iloor nor was there an outside entrance in the rear. Access to tl.0 allic pus through a closet and each person who looked at the properi\ \\as toad that. among other criteria. limited parking space would prohibit Iegahly adding and" apartments in the building. ii N ou hay c Curthcr duestions. I will be available to assist. 421 west Ionia Lansing, Ifichigan '4b933 r ------------------- 4NZ, 9 lgaN 4 M .. . ect i � 1 ---- •- _. .. - -• I �� I ... rep: - LOU I i i - - �41f_i✓i•�1_: 3 "Yt? ZC��35 :yj*):r: „� ,,,,., wuiT�_nrnrc vGi i C1W—INCPF('T(1R PINK—APPLICANT / � I �►oo� anrG �: � d70 . - - -c+. IN QN s rr 'IWO lid 41 7 i T 9M ac n^o WHITC-nFC 71rC vGI I nw-INCOCr7nD PINK-APPI I(;AN7 ° MaN l_ - mo - — - — - F c - - wff .Lit AiS / �'now�C�s b�L- 5�L• -ao� u ��� ��oS oF_nn� WHITF—nFFI!'F YFI I OW—INSPFCTnP PINK—APPLICANT :I � o4 ILI imam ■