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HomeMy WebLinkAbout1997 Planning Board Oct-Dec Minutes FINAL APPROVED 110797 with one correction,Pg 12 Ln 5.13"Pos 3.09"SECONDED BY MR.GOOLSBY, DRAFT TO CLERK 103197 APPROVED 110497 TO CLERK 110797 Minutes of the Regular Meeting LANSING PLANNING BOARD 7 p.m., City Council Chambers Tenth Floor, Lansing City.Halle r 124 West Michigan Menus,'',' Coi i Tuesday, October 7, 1997 1. OPENING SESSION A. Roll Call: Present: Frederick, Goolsby, Greiner, Keene, Miller, Nischan, Ruge, Smith; eight members present. Ex ofcio councilmembers Lilly, Allen; not in attendance. B. Excused Absences - None. C. Introductions: In the absence of Eleanor Love, Planning Manager, James A. Ruff, Zoning Administrator, introduced staff present, himself and Louise H. Christian, recording secretary. 2. APPROVAL OF AGENDA -Approved with two corrections: 7.C.3. Urban Development Committee meeting date is October 28; and 7.E.1.b. Act-7-96, Vacant Land is located on the south side of W. Miller Rd. Corrected agendas have been provided to the audience. Regarding Z-21-97, 5030 S. Cedar St., "J" Parking to "F" Commercial District, Mr. Ruff said the Zoning and Ordinance Committee may report it out to the Committee of the Whole; also Urban Development Committee may refer an item. Mr. Goolsby made a motion, seconded by Mr. Frederick to accept the corrected agenda; voice vote; unanimous; the agenda was approved as corrected. 3. COMMUNICATIONS A. MSPO Society of Planning Officials 1997-'98 Workshop Calendar Chairman Ruge remarked that we are going to be doing a lot of master planning in the next couple of years. A master planning workshop is scheduled for January. B. Walkable Communities, a brochure provided this evening describing a short course offered by Tri-County Regional Planning Commission, touches on community design, traffic calming, safe bicycle travel, secure pedestrian environment, increased property values, attractive positive growth, and reduced crime issues. It is offered November 19 and 20. Mr. Ruff urged members to sign up so that staff can make the arrangements. 4. HEARINGS - Chairman Ruge told the audience about the procedure. Mr. Ruff said both NCU-2-97 and NCU-3-97, on tonight's agenda, are Class A items which are decided at the Planning Board level. They do not go to City Council. PLANNING BOARD MINUTES OCTOBER 7, 1997 PAGE 2 A. NCU-2-97, 801 N. Capitol, Class A Status on NCU Building. Mr. Ruff presented the case, a nonconforming status request for property at 801 N. Capitol zoned "D-1" Professional Office District. The structure, with four one-bedroom units, has Class B nonconforming status at present because of lack of lot area and setbacks. This is an unusual request. It is being sold, but the applicants could not get financing unless they obtained Class A status. The building is not damaged, and no repairs or upgrades are planned; it has been a stable four-unit structure for many years. Mr. Ruge asked if parking is adequate; Mr. Ruff said yes. PAULA TRAVENIA, 241 RAMPART WAY, EAST LANSING. (Provided a picture of the building). It is very well kept, and we do have adequate parking, with accommodations for up to eight. JIM VAN ELLS, 1534 CREYTS RD., LANSING, representing the Travenias on the sale of the property. They bought it about ten years ago and have improved it. Mr. and Mrs. Travenia are retiring and moving and we do have a buyer, but no one will finance it unless it is Class A. Chairman Ruge announced the conclusion of the hearing and referral to the Zoning and Ordinance Committee, meeting at 4 p.m. on Wednesday, October 15, 1997 in the Department Conference Room, 316 N. Capitol. B. NCU-3-97, 1508 E. Michigan, Class A Status Mr. Ruff presented the case, a request by the property owner, Mr. Eric Buchner, for a Class A status to convert a 4-unit home in the "F-1" Commercial District to a two-family dwelling. The building has been fire- damaged, and the fire repair is limited to 50 percent of the value of the structure. Because estimated value of repairs exceeds that limit, they are requesting Class A status for approval of the repairs. The property owner owns this property, plus the one that adjoins the driveway, at 1510 E. Michigan. They control the joint driveway. They considered various options and think that this is the best solution. The structure is boarded up now awaiting repairs, in excess of$50,000. The whole block front north of the alley is zoned "F" Commercial. The block frontage, across from Resurrection Church, looks like residential. Mr. Ruge asked if there was a code enforcement history; Mr. Ruff said we can check that out for the Zoning and Ordinance Committee meeting. PLANNING BOARD MINUTES OCTOBER 7, 1997 PAGE 3 ERICH BUCHNER, 1350 COVE CT. We have owned this four-unit since 1986. It has had commercial zoning, but we have used it as a residential rental. We are asking for approval to convert it to a two-unit. We will lose income, but it will be a benefit to the community because of reducing the parking load. The joint driveway accesses about six spaces behind the house; there are two spaces on the street. We are eager to begin repairs and make the property viable again. Mr. Ruge asked what was happening with 1510; Mr. Buchner said we are in the process of repairing that. The upstairs units are occupied, but the downstairs is boarded to prevent access by a former tenant who was ordered to vacate. Chairman announced the conclusion of the hearing and referral to the Zoning and Ordinance Committee. C. Z-19-97, N.W. Cor. Cavanaugh &Aurelius, "F" Commercial to "G-2" Wholesale District Mr. Ruff presented the case, a request by Jeffrey Poorman, representing E.F. Solomon, owner of the 2.68-acre parcel, who proposes to construct 30,000 to 40,000 sq. ft. of self-storage warehouse space. Mr. Ruff referred to a layout, provided in the packet, of what can fit on the property. A drain running through the property must be considered as a limiting factor. Also the site has been filled over time, making construction difficult. JEFFREY POORMAN, REPRESENTING E.F. SOLOMON, 4000 N. GRAND RIVER AVE, Mr. Solomon has owned the property for over 30 years. We are proposing to do self storage on the site, between 25,000 and 30,000 sq. ft. when developed. The property is zoned "F" Commercial, and we have tried to sell it for twenty years. The soil conditions are suspect. It was filled when Mr. Solomon was building roads, so it is filled with cement and rubble. Storage will work well on the site because we will float a slab and storage can be developed on there. If we developed commercial and had to put down footings, there's no telling how deep we would have to go. There is a drain running through the property, coming from the north and going toward the Solomon pits, which was recently sold to the County for a park. Because we have not been able to sell the property, we propose to develop it and put it to use. Mr. Ruge asked what will be the hours of operation, and will it be fenced? Mr. Poorman said probably 9-9. It will be fenced, especially abutting residential. There is a berm, approximately 6-8 ft. high, which will not be PLANNING BOARD MINUTES OCTOBER 7, 1997 PAGE 4 removed. Mr. Ruge asked if there is access to the storage space on the north side of the farthest north building; Mr. Poorman said yes. We had to leave open space for the storm drain. Mr. Frederick asked about problems with water flow off impermeable drives. Mr. Poorman said the water will go mostly to Cavanaugh to a drain there, and thence to the Sycamore Creek. Robinson Drain goes about 300 ft. north of this site along Aurelius. GUY HILDENBRAND, 1924 LOURDES CT., which is one of the areas in the condominium association. It sounds as though the drains are a point of conjecture. The City Engineer should answer those questions, as opposed to the applicant. I represent approximately 95 percent of the home owners surrounding the land in question. We have a petition signed by approximately 95 percent of the surrounding residents. The consensus is that they do not want it to be rezoned. Regarding the need for storage, within a three-mile radius, there are two self-storage facilities at about 50 percent of capacity. The attempt to rezone and get a structure in there is because of the construction problems they have had in the past and the amount of money it would take to put structures in under the current zoning. As a community, we feel that aesthetically it would be unacceptable. It will take away a lot of the view. Our condo association has 46 units, of which about 32 out of the 46 units have a view of the property in question. We feel it is not necessary. We look at the rezoning from "F" to uG-2" as being the worse of two evils. Our condominium units were constructed by Sam Solomon and we were told when we bought that the field behind us was zoned for residential. The case history should be checked to find out if at one time it was rezoned as commercial, when it was changed to "F", and how that change came about. It is not in the best interests of the area property owners. The self-storage warehouse facilities also tend to be utilized as exterior facilities for storage of RVs, cars, etc. We are concerned with the hours of operation. The area has a noise problem, with the convenience store across the street and with the Bay station open until 10 p.m. It is not a good addition to the neighborhood. Mr. Ruff said the parcel was rezoned from Residential to Commercial in excess of 20 years ago. The Bay station and market across the street is also zoned commercial. A strip mall proposed to be built there was never built. The current zoning is "F" Commercial and "J" Parking. Mr. Hildenbrand presented an original petition together with two extra copies. Only six residential structures within 100 feet of the property in question did not sign the petition because the property owners could not PLANNING BOARD MINUTES OCTOBER 7, 1997 PAGE 5 be contacted. Mr. Hildenbrand asked to go on record as saying that in Hamilton Condominiums alone, representing 46 units in the City of Lansing, residents pay between $120,000 and $150,000 in annual taxes. Mr. Hildenbrand asked about the outcome of petitions in the face of overwhelming opposition. Chairman Ruge said the Zoning and Ordinance Committee will take into consideration the feelings of the residents. So that people are aware of the process, Mr. Ruff called attention to the sheet outlining events involved in a rezoning or a special land use, placed at the entrance to the Chambers. Mr. Frederick asked, if the zoning remains the same, what could be built on this property. Mr. Ruff said under existing zoning, convenience retail or retail uses, office or apartments at the "DM-3" level as an accessory use could be built. The proposed self-storage warehouse is more of a step up from that level. We do not have any other way to handle it. It is handled as an accessory use in some commercial sense where it is not the principal use. When it is principally storage, then it falls under the "G-2" Wholesale District. Mr. Frederick asked, if the zoning were changed, what other businesses could be built. Mr. Ruff said the "G-2" Wholesale District allows warehousing or wholesale distribution business and some assembly of products. It does not allow for the generation of products, created from raw materials a finished product or a product that will be finished somewhere else. It allows for some assembly plus wholesaling and warehousing of products, truck terminals and the like. Mr. Frederick asked about the history of the property, how the soil condition came about, and ownership history. Mr. Ruff said it is not a new situation; it has been this way for a number of years. Mr. Solomon has owned the property for 20 or 30 years. Chairman Ruge announced the conclusion of the public hearing on Z-19-97 is closed; referred to Zoning and Ordinance Committee. D. Z-20-97, 1110 W. Allegan St., "F" Commercial to "C" Residential District Mr. Ruff presented the case, a request by Almus Thorpe of the Greater Lansing Housing Coalition to rezone property at 1110 W. Allegan which has a single-family residential structure on a lot 42 ft. x 84 ft. just west of M.L. King Blvd. The property was developed residentially, and zoned commercially for many years. The home will be rehabilitated for single- family home ownership. In its present sense, it is nonconforming because the work exceeds the value of the structure under Class B nonconforming PLANNING BOARD MINUTES OCTOBER 7, 1997 PAGE 6 status. To allow its continued residential use and home ownership, the applicants have requested rezoning to the "C" Residential District. The applicant is unable to be here tonight. The Development Office referred them for rezoning because as a nonprofit, they are going to use CDBG funds to help rehabilitate the structure and make it available for home ownership. By way of disclosure, Ms. Keene requested that the record reflect the fact that she does own a piece of property approximately one block from this residence. She did receive a notification of the public hearing. ROD PORTER, ATTORNEY WITH CANADY LAW OFFICES, REPRESENTING MR. JONATHAN WATTS. Mr. Watts has a substantial interest in this property. You all have maps. Mr. Watts currently owns 1106 W. Allegan, which is the property immediately adjoining 1110, the subject of rezoning. Mr. Watts also owns around the corner on M.L. King 116. That represents more than one-half of the "F" Commercial Zone. In addition, although it is zoned "C" Residential, Mr. Watts also owns 108, 110 and 104 M.L. King, and around the corner he also owns 1119 W. Michigan. He has a substantial interest in this area. In this particular zone on this corner of Allegan and King, 1100 Allegan is already up and operating as a commercial enterprise, a small corner store. This whole section of less than one-half dozen properties is currently zoned "F" Commercial, and one, on the corner, is operating as "F" Commercial. This is consistent with the Master Plan. Greater Lansing Housing Coalition wants this one piece of property zoned "C" Residential. To rezone this one piece of property in this section that is already zoned "F" Commercial is inconsistent with the Master Plan, and inconsistent with the three other corners of Allegan and M.L. King. If the property is rezoned, it would split up an "F" Commercial section, which could present a problem in the future. Two times in the last twenty-five years, Mr. Watts approached the Board to have these residential districts rezoned "F" Commercial to allow him to develop the property. The attempts were denied. If this property were rezoned, it would be splitting up a solid block of commercial lots of land. The Coalition is going to rehabilitate a preexisting single family residence. They do not need to have it rezoned to "C" Residential. It is already in a permissible use area, even though it is zoned "F" Commercial. It would be highly unusual, and could be considered spot zoning, to rezone one piece of property for this purpose in the middle of a zone of"F" Commercials. For that reason, Mr. Watts wants his objections expressed to having this rezoned to "C" Residential. Chairman Ruge announced the conclusion of the public hearing for Z-20- 97, 1110 W. Allegan St., "F" Commercial to "C" Residential District and referral to the Zoning and Ordinance Committee. PLANNING BOARD MINUTES OCTOBER 7, 1997 PAGE 7 E. Z-21-97, 5030 S. Cedar St., "J" Parking to "F" Commercial District Mr. Ruff presented the case, a request by Semmler Corporation to rezone a portion of property at 5030 S. Cedar Street from "J" Parking to "F" Commercial District for development of a Rite Aid Pharmacy. There is a small section of"J" Parking that bisects the site. It would create a larger corner parcel for development that would be farther away from the intersection. RANDY SEMMLER, 4211 OKEMOS RD., OKEMOS, MI. I have seven copies of an updated site plan which addresses a number of the issues for plan review. (Distributed site plan.) Mr. Ruff said this plan shows the driveway in more detail from the plan in the packet. The entrance to the west on Jolly would be a modified entrance that presently serves Computer Warehouse. It would eliminate curb cuts along Jolly presently serving the gas station. The curb cut leading into this property and the warehouse property, and also serves as an access to the U-Haul from the south would become a three-lane entrance-exit drive. Based upon the proposed land use, the applicant has requested, and staff has agreed that not all the parking would have to be developed with the proposed use. They wanted to have more green space, especially around the entrance on Jolly Road. To keep the front looking nice, and to assist circulation patterns, they wanted this parking pattern and building location and green strip along Jolly. Mr. Ruff said, because of the similarity of this petition and a case that the Board recently addressed, and the fact that they thought that they took care of all the "J" Parking previously, the applicant has requested that if at all possible, that the Board consider this item tonight. The staff report is complete. We did not anticipate receiving any comment different from that in the past. The applicant has met with Public Service and Transportation to work out the site plan work and development ahead of time to keep this moving along. Chairman Ruge announced the conclusion of the public hearing for Z-21- 97, 5030 S. Cedar St., "J" Parking to "F" Commercial District and referral to the Committee of the Whole. F. Z-22-97, Vacant Land 1100 Blk. E. Miller (S. Side), "A" Residential to "G- 2" Wholesale District Mr. Ruff presented the case, a request by Snethkamp Properties to PLANNING BOARD MINUTES OCTOBER 7, 1997 PAGE 8 rezone property in the 1100 Block E. Miller (S. Side) from "A" Residential to "G-2" Wholesale District. The property is located east of the intersection of Pennsylvania where Snethkamp has a dealership; they also own property behind this on Ramada Drive. They want to rezone this property, which they recently purchased from the property owner at 1110 E. Miller, to the "G-2" Wholesale District. This would allow for additional vehicle storage as well as a storage building and potentially for development of a body shop on the Ramada Drive property. The property is 114 ft. x 330 ft. deep, having commercial uses around it with the exception of the two structures adjacent to it. The Master Plan proposes warehouse for this strip of Miller Road between the drain to the east of the house at 1132, and east of the Ramada Drive property. On the south side of Miller Road east of the drain, residential development is recommended. The drain serves as a natural divider for land uses as well. The owners of 1110 were willing to file for rezoning. Staff did not encourage this at this time because it is a valuable single-family home, and it would become a nonconforming structure. GARY STURK, 1895 DANBURY EAST, OKEMOS. We anticipate expanding the use of this current vacant parcel for a body shop. We currently have a two-to-three week delay getting body work done. We are having a difficult time meeting market demand because of limitations of our building size. We may in the next two to five years build a body shop back here. We need more room for vehicle storage and for indoor storage of tools and body items. We have the support of the Larners to the west of the vacant parcel; they were willing to rezone their parcel too. The rezoning is necessary for us to be viable and to expand and grow along with the area. Mr. Sturk presented documents, one, an agreement to support the rezoning, and an addendum to the zoning agreement drawn up by the attorney. Mr. Sturk also distributed a drawing analyzing drain and easement locations, recommending siting of parking and the building, location of a berm and catch basin for parking lot run-off. Chairman Ruge announced the conclusion of the public hearing for Z-22- 97, Vacant Land 1100 Blk. E. Miller (S. Side), "A" Residential to "G-2" Wholesale District and referral to the Zoning and Ordinance Committee. 5. COMMENTS FROM THE AUDIENCE (five minutes each) - None. 6. RECESS - Five minutes. 7. BUSINESS SESSION PLANNING BOARD MINUTES OCTOBER 7, 1997 PAGE 9 A. Minutes for Approval: September 16, 1997. Mr. Nischan made a motion, seconded by Mr. Frederick, to approve the minutes of September 16, 1997, as printed. On a voice vote, Ayes: 8; Nays: 0; motion carried unanimously; minutes of September 16, 1997 were APPROVED. Mr. Goolsby made a motion, seconded by Mr. Nischan, to resolve into the Committee of the Whole; on a voice vote, Ayes: 8; Nays: 0; motion carried unanimously, the Board resolved into the Committee of the Whole. B. Committee of the Whole, Mr. Greiner, Chair. Mr. Greiner, for the benefit of the Committee of the Whole, clarified which items were on the agenda. We will take up Z-21-97, 5030 S. Cedar St., "J" Parking to "F" Commercial District last. 1. Act-7-96, Vacant Land S. Side of W. Miller Rd., 440 ft. W. of Wise Rd., Market for Development, PPN 3305-07-126-022. This was tabled on September 16, 1997. Mr. Ruff said the Board was waiting for information from the Board of Water and Light to finalize the request between Wise Road and Waverly Road, abutting 1-96. The Board has made a statement of what their interest is in this matter; they have requested the rear 330 ft. of the property along 1-96 for a future well site with a 25-foot easement for transmission lines and access along the west property line of the property. Staff recommends that the northern part of the property be marketed for wholesale/warehouse development, not industrial development, reserving a 25-ft. easement along the western boundary for a transmission main and access. Staff also recommends that during the sale of the property, a covenant be established that prohibits billboards on the site; also that the northern portion be rezoned. The City will be pursuing that rezoning application, probably in November. Finally, that sale proceeds be utilized to pay back the costs associated with preparing the property for sale, with the remainder being placed in the infrastructure account per Council policy. Mr. Ruge said we passed this in 1996 with the three conditions. do not see a need for us to take action. Mr. Nischan said the staff report stated that the item went to the Council but never was put on the agenda and moved through because they were waiting for a response from BWL. Mr. Goolsby questioned how it got back to the Planning Board even if City PLANNING BOARD MINUTES OCTOBER 7, 1997 PAGE 10 Council took no action. It would seem to me that they would have to refer it back to us. They could have held it and dealt with BWL themselves regarding the site. Mr. Nischan said in the Urban Development Committee meeting, it was explained that the twenty- five-foot easement was not part of the original proposal. That has been added because of the Board's response. Mr. Ruge made a motion to table this item until we figure out if we need to do anything. Mr. Ruff said the Development Office wants the Planning Board to move this out. The Board could amend any action taken in the past with additional conditions in light of newer information. Mr. Goolsby said the primary question is whether or not Act-7-96 is before City Council. We cannot do anything unless City Council has referred it back to us. We don't want to act on something that we don't know the status of. Mr. Ruff said the Board did act on this act, but it was not sent to the Mayor's office because BWL did not respond. Now that they have responded, staff has brought this back to the Board to incorporate conditions to send to the Mayor and City Council complete. We did not know how much land was going to be sold. There is an offer to purchase the property with or without the BWL well site. Mr. Winnicker would like this moved along. It was never referred to the Mayor or City Council. Mr. Nischan asked how could staff hold something that the Board has acted upon. Mr. Ruff said he will raise this question with Ms. Love. Mr. Greiner said if we approve this with conditions, and one condition is that BWL submit a plan, I see no reason why this comes back. It is simply a condition that has to be fulfilled before it is acted upon by City Council. Mr. Goolsby said the appropriate thing would be to submit it to Council with the three original recommendations and then submit the additional information received on September 18. Mr. Ruff encouraged the Board to dispense with the matter tonight, with the understanding that it has already been dealt with and that what BWL has submitted is in conformance with the action that has already been taken by the Board. PLANNING BOARD MINUTES OCTOBER 7, 1997 PAGE 11 Chairman Greiner said we don't need a motion, because it is not official business. We have dealt with this matter, and it does not need to be dealt with further by us. It had a condition relative to the Board of Water and Light that has now been fulfilled. We have no objection to staff adding a further recommendation and forwarding it on to City Council. 2. Z-21-97, 5030 S. Cedar St., "J" Parking to "F" Commercial District Mr. Ruff said the Board has a full staff report. There is no reason why this should not be supported. It is consistent with the Master Plan as well as development of the area. Staff recommends approval. Mr. Nischan made a motion, seconded by Mr. Goolsby, to approve Z-21-97, 5030 S. Cedar St., "J" Parking to "F" Commercial District. ACTION BY THE COMMITTEE OF THE WHOLE was as follows. On a voice vote, there were Ayes: 8; Nays: 0; unanimous; carried, Z-21-97, 5030 S. Cedar St., "J" Parking to "F" Commercial District was recommended to be APPROVED. Mr. Goolsby said, for the benefit of new members, that the process of going to the Committee of the Whole is new to the Board. Last year Mr. Ruge attended meetings of the East Lansing Planning Board, which dispenses with items the same night of public hearings. We amended our Rules of Administrative Procedure to allow the Chair, when we have a staff report for an item which appears noncontroversial, to refer the item to the Committee of the Whole. This is the first time we have actually done this the same evening. There being no other business before the Committee of the Whole, Mr. Goolsby made a motion, seconded by Mr. Nischan, that the Committee of the Whole arise; voice vote; Ayes: 8; Nays: 0; carried unanimously, the Committee of the Whole arose. C. Committee Reports 1. Committee of the Whole, Mr. Greiner, Chair. a. Act-7-96, Vacant Land S. Side of Miller Rd., 440' of Wise Rd., Market for Development, PPN 3305-07-126-022 PLANNING BOARD MINUTES OCTOBER 7, 1997 PAGE 12 The consensus was that this was not an item for action by the committee; however, the Committee did concur in a message for staff as to how to address this. b. Z-21-97, 5030 S. Cedar St., "J" Parking to "F" Commercial District Based on testimony, evidence presented, and the staff report, it was moved, seconded to approve Z-21-97, 5030 S. Cedar St., "J" Parking to "F" Commercial District. Mr. Greiner made a motion, SECONDED BY MR. GOOLSBY, based on testimony, evidence and the staff report, a copy of which is attached hereto and made a part thereof, to recommend approval of Z-21-97, 5030 S. Cedar St., "J" Parking to "F" Commercial District. PLANNING BOARD ACTION on the motion was as follows. Mr. Ruff said for the benefit of new members, we have commercial properties around the City that have commercial zoning for the building. The old zoning ordinance did not provide for parking requirements as under the new ordinance, but rather used "J" Parking as a buffer to keep buildings away from property lines. Also you can't build a building there unless it is a parking garage. Secondly, it was used to ensure adequate parking on the site. Goolsby . Ave Greiner .Ave Keene . Ave Miller . Ave Nischan Aye Smith Ave Frederick Aye Ruge Ave On a roll call vote, there were: Ayes: 8; Nays; 0; carried; unanimous; Z-21-97, 5030 S. Cedar St., "J" Parking to "F" Commercial District was recommended to be APPROVED. Chairman Greiner said that concludes the report of the Committee of the Whole. 2. Zoning and Ordinance Committee. No chair elected as yet. The Zoning and Ordinance Committee will elect a chairman and vice chairman at the next meeting. In the absence of a Zoning and Ordinance Committee chair, Mr. Ruge presented the report. Next meeting Wednesday, October 15, 1997 at 4 p.m., Department Conference Room, 316 N. Capitol Avenue. PLANNING BOARD MINUTES OCTOBER 7, 1997 PAGE 13 3. Urban Development Committee, Mr. Nischan, Chair. a. Act-14-97, Osborn Street, Street Widening/Right-of-way Acquisition. Osborn Road from Stanley Street to Verlinden Avenue lies between General Motors Plant#6 and the Verlinden Street School and Osborn Park. Beyond the school and park is a residential area to the north and east. The Department of Public Service is now installing sewers on Osborn Road. It proposes to acquire 16 ft. of additional right-of-way, widen the road to allow two-way traffic, and install a new sidewalk. Act 285 requires that the character, location and extent of requests involving the expansion of a public right-of-way be evaluated by the Planning Board. The project will improve traffic flow in the area, removing auto plant traffic from the residential neighborhood. Verlinden, Osborn, and Stanley are collector streets, according to the River Island Comprehensive Plan. Outbound traffic from the plant will be channeled to Osborn and Verlinden. Inbound traffic will be from Verlinden, Osborn, and Stanley. Osborn's eastbound plant traffic will be steered away from the neighborhood to the east. A second phase, if needed, will be to close Drexel and Genesee Streets at Stanley. Based on testimony and evidence on the location, character, and extent of this proposal, the Urban Development Committee found that: (a) The project will not have any adverse impact on the surrounding land uses; (b) Traffic will be steered to collector streets; (c) Council policy requires replacement of park land; (d) New sewers will already be in place before the street is improved. In committee, it was moved, seconded, and carried unanimously (4-0) to recommend approval of the request to widen Osborn Street between Stanley and Verlinden, PLANNING BOARD MINUTES OCTOBER 7, 1997 PAGE 14 contingent upon a plan for replacement of parkland per Council policy. Mr. Nischan made a motion, seconded by Mr. Goolsby, based on testimony, evidence and the staff report, a copy of which is attached hereto and made a part thereof, to recommend approval of Act-14-97, Osborn Street, Street Widening/Right-of-way Acquisition. PLANNING BOARD ACTION was as follows. Greiner Ave Keene .Ave Miller Ave Nischan Ave Smith . Ave Frederick . Ave Goolsby . Ave Ruge Ave On a roll call vote, there were: Ayes: 8; Nays; 0; carried unanimously; Act-14-97, Osborn Street, Street Widening/Right-of-way Acquisition, was recommended to be APPROVED. b. Act-13-97, Sheridan St. and May St., Consolidate Two At- Grade Railroad Crossings. Tabled pending long-range plan information about the railroad's intent to replace tracks and change rail properties. The committee tabled this to avoid piecemeal action on railroad crossings. C. Act-10-97, 6100 Block Ellendale Drive, Easement Reduction Acquisition. Tabled in effect. d. Act-7-96, S. Side of W. Miller Road, 440 ft. West of Wise Road, Market for Development We have already discussed this. e. Election of Officers. Chair, Jarl Nischan; Vice Chair, Deborah Winfrey Keene. Mr. Ruge solicited volunteers to participate in the Principal Shopping District Plan Steering Committee. Mike Smith is a delegate; John Ruge is an alternate. PLANNING BOARD MINUTES OCTOBER 7, 1997 PAGE 15 Next meeting Tuesday, October 28, 1997 at 4 p.m., Department Conference Room, 316 N. Capitol Avenue. 3. Executive Committee - has not met. C. Report from Planning Manager In the absence of Ms. Love, Mr. Ruff said there will be a video program, "Back From the Brink," in the Council Conference Room on October 21 at 5:30 for staff, Planning Board members, ex officio members Lilly and Allen, Mayor's Office representative Bob Johnson, and Jack Roberts from the Attorney's Office. Dinner will be provided. Mr. Ruff has sent a letter to the property owner at Michigan and Grand Avenues requesting an update on implementation and time frame. Regarding the sign issue, by the end of this month, we hope to have a brochure ready to publish for Code Compliance officers. We want to arrange with Channel 28 to do a video explaining signs. Mr. Frederick will have his first night at the Board of Zoning appeals this Thursday, October 9, 1997. D. Pending Items: Future action required 1. Urban Development Committee a. Act-2-95, 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 (UDC Tabled November 26, 1996) e. Act-3-97, Paulson Park Sale (Tabled April 22, 1997) f. Act-5-97, River St., South of E. South St., Vacate ROW (Tabled in Committee June 10, 1997; and again September 3, 1997) 8. NEW BUSINESS List of employee names and phone numbers was included in the packet. PLANNING BOARD MINUTES OCTOBER 7, 1997 PAGE 16 9. COMMENTS FROM CHAIRPERSON Chairman Ruge mentioned the MSPO Master Plan training in January. 10. COMMENTS FROM BOARD MEMBERS Mike Smith reported on the Town Meeting on October 2, 1997. The mayor addressed the audience, and people from McKenna and HNTB showed maps which displayed various aspects of land use and availability in the Principal Shopping District. They were enthusiastic about Lansing's fine attributes which can be used in planning the principal shopping district. Then we broke into small groups to generate key questions about developing the PSD. The striking feature was the similarity of ideas independently arrived at. One idea was the need to preserve historic buildings, particularly in the Northtown area. Other suggestions included a riverwalk on both sides of the river; bike paths; a diversity of shopping and retailing operations downtown; a strong emphasis on downtown as a center for recreation and entertainment; and retention of residential, commercial and industrial usage in a mix. There was both enthusiasm and consensus. The meeting was well attended, but primarily by those with a vested interest in being there. Mr. Greiner said he attended a meeting of the steering committee immediately preceding the Town Meeting. One thing mentioned was getting involvement of the people who don't come downtown now, and to find out how to get them to come back. Ms. Keene said she too attended the Town Meeting, and downtown merchants were in the majority. Input from downtown residents would be helpful, as well as from people outside the City, as the Mayor pointed out. Mr. Frederick who also attended the Town Meeting reported that Judith Corland, owner of the Dancing Goat, was enthusiastic about the process being good for downtown. Mr. Nischan asked about getting a list of Planning Board referrals to City Council, and about the 1997-98 MSPO Workshop Calendar. The Board does not get a sense of closure. Mr. Ruff said we are working on an ever-lengthening list. Mr. Ruff mentioned the Master Plan sessions and asked if members could be available for classes, the Planning Office could coordinate attendance. Mr. Nischan wants to attend Site Plan Review Wednesday, December 10, Frederik Meijer Gardens, Grand Rapids. Mr. Nischan also asked about the Walkable Communities brochure because he is tentatively interested. Mr. Ruff said members are welcome to participate. He needs to know if members are interested. Mr. Ruge said he is going. Mr. Greiner said there are two dates, one for Wednesday, November 19, and Thursday, November 20; and the other one PLANNING BOARD MINUTES OCTOBER 7, 1997 PAGE 17 is Friday and Saturday specialized for East Lansing. Mr. Frederick wants to attend Basic Training November 6 in Detroit, to be announced. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS Mr. Frederick said, regarding signs, that the Happy Elephant Child Care Center's elephant statue still has not been removed. Mr. Ruge asked about the North Pennsylvania construction site. Mr. Ruff will check with the code compliance officer. 2. ADJOURNMENT -was at 9 p.m. Respectfully submitted, Eleanor K. Love, Secretary Lansing Planning Board \mn100797 a:\42 Z-21-97 5030 S. Cedar Street Page 1 "J" Parking to "F" Commercial GENERAL INFORMATION APPLICANT: Semmler Corporation 4211 Okemos Road Okemos, MI STATUS OF APPLICANT: Represents Owner REQUESTED ACTION: Re-Zone the property located at 5030 S. Cedar Street from "J" Parking District to "F" Commercial District. EXISTING LAND USE: Parking for Gas Station EXISTING ZONING: "J" Parking District PROPOSED ZONING: "F" Commercial District PROPERTY SIZE & SHAPE: 25' x 151' (3781.25 sq. ft. +/-) SURROUNDING LAND USE: N: Commercial (U-Haul) S: Commercial E: Office & Commercial W: Commercial (Computer Warehouse & U-Haul) SURROUNDING ZONING: N: "G-2" Wholesale District S: "F" Commercial District E: "F" Commercial District W: "F" Commercial District MASTER PLAN DESIG.: The Southeast Area Comprehensive Plan designates this area for Commercial. SPECIFIC INFORMATION APPLICANT'S PROPOSAL: Semmler Corporation representing Financial Advisors & JAR, owners, have made application to rezone a portion of the property located at 5030 S. Cedar Street from "J" Parking District to "F" Commercial District. The applicant proposes to remove the existing gas station for the development of a new Rite Aid pharmacy with a drive-through window. Z-21-97 5030 S. Cedar Street Page 2 "J" Parking to "F" Commercial AGENCY RESPONSES: AMERITECH: No response received. BUILDING SAFETY: No response received. BOARD OF WATER AND LIGHT: No response received. CODE COMPLIANCE: No response received. COMMUNITY POLICING: No response received. CONSUMERS POWER: No response received. CONTINENTAL CABLEVISION: No response received. DEVELOPMENT OFFICE: No comment. FIRE MARSHAL: No objection to this proposal. PUBLIC SERVICES: Currently reviewing site plan for this project. TRANSPORTATION: No response received. ANALYSIS COMPATIBILITY WITH SURROUNDING LAND USE The area surrounding the subject parcel is principally a commercial area with single family residential to the north on Cloverland. Both South Cedar Street and Jolly Road are fronted by commercial land use and zoning at this location. Currently this site is utilized for parking to serve the existing gas station. The existing gas station will be demolished and the proposed development will be of similar size and scale as other developments along South Cedar Street. COMPLIANCE WITH MASTER PLAN The Southeast Area Comprehensive Plan designates this area for retention of its existing commercial use. Z-21-97 5030 S. Cedar Street Page 3 "J" Parking to "F" Commercial IMPACT ON VEHICULAR AND PEDESTRIAN TRAFFIC The property under review is located at the intersection of S. Cedar Street, which is designated as a principal arterial, and Jolly Road, which is designated a minor arterial. Currently there are two curb cuts which serve this parcel. The proposal represents a reduction of one curb cut by removing the one located on Jolly Road. Ingress/egress will be served by an improved curb cut to the west which serves Computer Warehouse and Uhaul. ENVIRONMENTAL IMPACT The proposed use would not generate obnoxious fumes but potentially will expand the influence of the commercially generated or resultant environmental impacts, primarily noise. The site plan does illustrate positive landscaping improvements, however the abutting properties are zoned commercially, so Landscaping, Screening and Buffering are not required. The existing underground storage tanks would be removed. IMPACT ON FUTURE PATTERNS OF DEVELOPMENT The proposal project is consistent with the comprehensive plan for the area as well as adjacent land uses. It should have no negative impacts on future developments within this area. SUMMARY Currently this portion of property is zoned "J" Parking District. The applicant is proposing to remove the existing gas station and underground tanks to develop a new Rite Aid pharmacy with drive thru service. Therefore, the applicant is requesting the zoning change to "F" Commercial District to allow the construction of a commercial building at this site. This is in conformance with the Southeast Area Comprehensive Plan. There are no significant impacts caused by this proposed development with the exception of eliminating one curb cut and developing a structure which will be of a similar scale and setback with other development in this area. RECOMMENDATION Staff recommends approval of this request based upon the information contained within the report. Report prepared by Steven Hayward, Senior Planner D:\DATA\WPERFECT\Z-21-97.WPD 5 f a xafaTSY s�i7s' I � U LLI wutrisana ARA - Y *NW Emilio �6SSrg A .wu I ssrsn'eslr U MIX i rl•YID -_- - J _ _ J - -- -- ----..----- -- -- ------ 111315 �- OLLY ROAD 7 Z-21-97 5030 S. Cedar St. "J" Parking to "F" Commercial District NOR11TH ' I _ ' II 1�—„• I ell..• n' T.TIT+ a., � --!i77 I ..: ( ,:. ... it-"�ii. Ti7f e� I •I.n +701' 0IVERIAND DR.•V ar. )!L i,o ya SO 7►e (OYTLOT♦1 'IZ•I •w - 4' f 10 If 12 , 13 a 14 IS I —.T•lT •rsa.rwo 01 0 r� t = Cr 1 1 a .� a�a 0I1 Z W 1 � �5 J.LI• f� .,.• 1 O.74 1 Flo ' +• "_.: R 0. �' ,.1 i LLB-3[t=t "� ,. 7 E 738.re' i•f. V, r• w ^ /�•' �p oyy o34 •W 0 I 1 ! 1 f r� 1 to 1 3 Ir U Q 1 7 I . , 1 t 012, 1 J _ O * ..n.•a r.(.a.rw..r.1� I INGHAM 1 • t� 0Om �1 Ok N TaG•!Y'r G*6' Tpf. I 1 J�?r`' 1 I I 0 1 1 Act-14-97, Osborn Road Street Widening, City of Lansing, Acquisition of Right-of-Way GENERAL INFORMATION APPLICANT: Robert Clegg Public Services Department City of Lansing 7th Floor, City Hall 124 W. Michigan Ave. Lansing, MI 48933 STATUS OF APPLICANT: Option to acquire REQUESTED ACTION: Act 285 Review EXISTING LAND USE: R.O.W. EXISTING ZONING: R.O.W. PROPOSED ZONING: No change PROPERTY SIZE & SHAPE: 50' x 720' = 36,000 sq. ft. Existing R.O.W. 16' x 720' =11,520 sq. ft. wide R.O.W. addition to be acquired. SURROUNDING LAND USE: N: Verlinden Street School/Osborn Park S: General Motors Plant No. 6 E: Single Family Residential W: General Motors Plant No. 6 SURROUNDING ZONING: N: "B" Residential S: "I" Heavy Industrial E: "B" Residential W: "I" Heavy Industrial MASTER PLAN DESIGNATION: The River Island Area Comprehensive Plan designates this area as R.O.W. Park and Open Space and Community Facility on the north, Industrial use is on the south. ACT-14-97, Osborn Road Street Widening, Acquisition of Right-of-Way, Page 2. SPECIFIC INFORMATION The applicant is proposing to widen Osborn Road from Stanley Street to Verlinden Avenue. The current R.O.W is 50' wide and the applicant is proposing an additional 16'. Therefore, the entire R.O.W. will be 66' wide. The street will be widened from the existing two lane one-way street to a four lane two-way street to improve traffic flow into and out of the adjacent General Motors Plant No. 6 and will remove traffic from the residential streets. The widening requires additional right- of-way along the north side of Osborn, a portion of which is along the south side of the Verlinden Elementary School. Approximately five feet of the new roadway would extend into the additional right-of-way and a new sidewalk would be constructed the entire length. The Lansing School District has granted a permanent easement to the City of Lansing and is legally described as: Commencing at a point 38 feet North of the Southeast corner of Lot 30 thence South 22 feet, thence West 22 feet, thence Northeasterly to the point of beginning and the south 16 feet of Lots 30-34 incl., Durant Addition, City of Lansing, Ingham County, Michigan, according to the recorded plat thereof, as recorded in Liber 9 of Plats, Page 8, Ingham County Records. AGENCY RESPONSES AMERITECH: No response received as of yet. Assessor: No response received as of yet Building Safety: No objection. BWL: No response received as of yet City Attorney: No response received as of yet Consumers Power: No response received as of yet Development: See attached City policy regarding park land - should consider this in review presented to Council. Fire Marshal: No objection to this plan. Media One: No concerns in this area at this time. ACT-14-97, Osborn Road Street Widening, Acquisition of Right-of-Way, Page 3. Westside Neighborhood Organization: Several neighbors in the area thought it was a good idea. Some upset about losing trees in Osborn Park. Suggestion: Speed bumps or center curb circles in intersections of Stanley and Genesee and Stanley and Drexel, and 1-2 blocks into residential area would reinforce idea of diverting traffic from side streets. MDOT: No response received as of yet Parks and Rec.: This will not have any significant impact on park activities. This widening should not interfere with park use so we recommend the proposed action. Any street tree(s) which are removed will be replaced by the contractor within the park. If land is transferred to another City Department, a fund transfer equal to the fair market value should be credited for land acquisition as part of this replacement policy. These actions assure the people of the City of Lansing that minimum park acreage will be maintained as demands for community services increase. Public Service: No response received as of yet Trans. Engr.: The Transportation Division is completely supportive of this project. The Act 285 process to acquire the right-of-way should be expedited to assure construction is completed this year. This plan is the result of past meetings with neighborhood residents adjacent to the plant and Oldsmobile Officials. The Lansing School District also participated and is also supporting the project. 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 The Public Service Department, in conjunction with the CSO separation project in the area, are proposing to widening Osborn Road from Stanley Street to Verlinden Avenue. The street will be widened from the existing two lane one-way street to a four lane two-way street to improve traffic flow into and out of the adjacent General Motors Plant No. 6 and will remove traffic from the residential streets. The ACT-14-97, Osborn Road Street Widening, Acquisition of Right-of-Way, Page 4. widening requires additional right-of-way along the north side of Osborn, a portion of which is along the south side of the Verlinden Elementary School. Approximately five feet of the new roadway would extend into the addition right-of-way and a new sidewalk would be constructed the entire length. The following is a review of the project in accordance with the standards of the Municipal Planning Act (P.A. 285). LOCATION: The property is located on Osborn Street, south of Saginaw Street between Verlinden Ave. and Stanley Street. The current R.O.W is 50' wide. The applicant is proposing to acquire an additional sixteen (16) feet wide along the entire block on the south side of Verlinden School for the road right-of-way and leave at the small portion at the Verlinden Street intersection as a permanent easement for the sidewalk. Therefore, the entire proposed R.O.W. will be 66 'wide. CHARACTER: The residential character of the neighborhood will not change as a result of widening of Osborn Street. The proposed widening appears to be an overall improvement to the traffic flow in the area. Therefore, it should have no adverse impact on the surrounding area. The majority of the current traffic in the area include cars from the GM #6 Auto industry. The proposed widening will eliminate this traffic from the residential neighborhood. EXTENT: The City has been granted a permanent easement from the Lansing School District to facilitate the widening of Osborn Street. The widening of this street should not present any adverse impact to the traffic in the area. In fact, in terms of traffic flow, the proposed four-lane would be an improvement to the existing two-lane traffic. Another positive attribute is that the auto plant traffic would be removed from the residential neighborhood. SUMMARY The widening of a street should not have any adverse impact on surrounding uses. The character of the area should not change as a result of this proposal. Also, the impact on vehicular traffic will be an improvement over the existintg situation. The attached City Council proceedings outline the policy for disposal of park land for another public purpose. ACT-14-97, Osborn Road Street Widening, Acquisition of Right-of-Way, Page 5. attached City Council proceedings outline the policy for disposal of park land for another public purpose. RECOMMENDATION Based on a review of the location, character and extent of this proposal, staff recommends approval of the widening of Osborn Road from Stanley Street to Verlinden Avenue. e J-J' '+r BER 10. 1979 DECEMBER 10, 1978 COUNCIL PROCEED' z ,xr The Council `" by City Council prior to any action cil f( �� being by the Council in regard to hart e acquisition �k tions it future con- a the .proposed disposal. sing Budget review 1 mai q Areas designated as Park Land shall not n be disposed of in any form, except under vices Recreational 1'" the pt ovisions of the Lansing City Char- .be classified ' 4, ter, Section 8-403.6. B) ID t park land I' land need. A) Disposal of Park Land for Another Public Purpose : T her category , + plete analysis ;.' When park land must be taken for the rojected phy- : 1�ment of the another public use, such a thro way, fire station, ur for any other land reason in the public interest, the City fees. be conducted -.'� of Lansing shall insure the recreation sold services to the people served by the post]is of the City park shall not be diminished. It shall tion .nces relating shal hall include. be the policy of the City of Lansing { ' cial that park land shall be surrenders ;il, the desig- fora legitimate public use only after is acquired a plan is developed aiid adopted by A ` the City Council for replacement of the park land and recreation services, giving weight to the area from which , the land is being taken. The Replace- DepartmentGui meat Plan shall include identification development of the poop a ser�•ed by the park, N 'ark Develop- =. basic functions to be maintained, Plan. This acreage and facilities needed, and nto the Cap- r;l financial impact. the City of z the overall ' If. land is transferred to another City led park de- a Department, a fund transfer equal to T submitted by 1 by and Recrea- the fair market value should be cred- ited for land acquisition as part of t Board to the this replacement policy. 'These ac- part of the tions assure the people of the. City of shall include Lansing that minimum park acreage tion impact will be maintained as demands for tents identi- is < community services increase. 77 I3 Y It• .-.n 1'i at the Parks B) Dlaposal of Park Land Unsuitable working in for Park Development : l ping Depart- Uf City Council i which clan- - If a certain piece of park land should 1 tged by the become unsuitable for park/recera- lassification tion use, the City shall provide for � ►< l �f � tion its disposal through the exchange tl1( ___:� i--,i ;f nnssible. EASEMENT THIS EASEMENT GRANT made this . l9thday of June 1997 between the Lansing School District, whose address is 519 W. Kalamazoo Street, Lansing, MI 48933, (herein Grantor) , and the City of Lansing, a Michigan municipal corporation, whose address is Lansing City Hall, Lansing, Michigan 48933 (herein Grantee) . WITNESSETH: That the Grantor, for and in consideration of the sum of One Dollar ($1.00) to Grantor in hand paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does convey and warrant to the Grantee, its successors, transferees and assigns, an easement in perpetuity over, upon, across, in, through, under and including the air space above the horizontal plane of a certain parcel of property located in the City of Lansing, County of Ingham, and State of Michigan, described as follows: PERMANENT EASEMENT Commencing at a point 38 feet North of the Southeast corner of Lot 30 thence South 22 feet, thence West 22 feet, thence Northeasterly to the point of beginning, and the south 16 feet of Lots 30-34 incl. , Durant Addition, City of Lansing, Ingham County, Michigan, according to the recorded plat thereof, as recorded in Liber 9 of Plats, Page 8, Ingham County Records. (Hereinafter the "Property. " ) This Easement is made subject to the following express conditions, reservations and exceptions: 1. The Grantee shall have the right to use and occupy the Property for construction and operation of a public street right-of-way and sidewalk including without limitation, the full right and authority in the Grantee, its successors, transferees and assigns, and its and their agents and employees, to enter the Property at all times for the construction, maintenance, inspection, repair, renewal, reconstruction and removal of the following: (a) such grades and slopes on the Property as the Director of the Public Service Department of the Grantee shall determine are required by said project, including without limitation, grading and the right to make all excavation, embankment, cuts and fills requisite thereto; Page 1 of 3 Pages (b) any covering on the slope or grade, including without limitation, gravel, stone, brick, block, cement, bushes or other vegetation; 2 . Grantee may also use the Property for any other use consistent with or incidental to the premises. 3 . This easement includes the right of access across Grantor's adjacent property for all Grantee's equipment, material and personnel needed for the aforementioned construction, maintenance, repair, renewal, reconstruction or removal of the aforementioned project. 4. Grantor will not use, occupy or interfere with the Grantee's exclusive use and occupancy of the Property as a public right of way. 5. Grantee shall have the right to cut, trim, remove, destroy or otherwise control any trees, roots, brush, or other vegetation on the Property. 6. Grantee shall restore the Property to its present or an improved condition, except for the aforementioned grading, sloping and physical structures and improvements it constructs thereon. 7 . Grantee shall remove and dispose of backstop located on the property. 8. Grantee shall purchase and have delivered one pair of soccer goals described as: 81H x 24'W x 81D goal with heavy gauge 4" square aluminum facing with white poly finish, specified as Item 9341T by Flaghouse, Inc. or equivalent, and one pair of nets. 9. Grantee shall conduct all its activities in a good and workmanlike manner. 10. This easement and rights herein granted may be assigned by Grantee, provided its successor in interest is a public body, utility or entity. 11. The Grantor acknowledges that it is not aware of any person or other entity which has any right, title or interest in the easement area. This instrument is exempt from the Michigan Transfer Tax pursuant to MCL 207 .505 (a) ; MSA 7.456 (5) (a) , and 1993 PA 330, as amended; MCL 207 .526 (h) (i) ; MSA 7.456 (26) (h) (i) . Page 2 of 3 Pages IN WITNESS WHEREOF, the Grantor has executed this instrument or has caused this instrument to be executed in its corporate name and by its duly authorized officers as of the day and year first above written. WITNESSES: School District of the Cit of Lansing: By: Its: Board of Education Presi rt By. Its: Board f Education' Act ' Secretary STATE OF MICHIGAN ) )ss. COUNTY OF INGHAM ) On this ay of 1997, before me personally appeared who being by me duly sworn is/are to me kr1own to be the same person(s) described in and who executed the foregoing instrument and acknowledged that he/she/it/they executed the same for the intents and purposes therein mentioned. Nota Public (SEAL) . 40.tm County My Commission expires: CAROLE L NELSON NOTARY PU$LO STATE OF MICHIGAN INGHAM COUNTY MY COMMISSION EXP.MAR.17,2001 This instrument prepared by: John M. Roberts, Jr. Senior Assistant City Attorney 5th Floor, City Hall Lansing, Michigan 48933 Page 3 of 3 Pages r n OSBORN RD. tJ ' L• 0 U CIS , c I 0 0�0�PARK t L vERUNn . sa+ooL 14 k Q Ifa-wt I I � 5 8 cr— QD Q l n ow WALL 170667' LIV Ski WALL orate RAMP RAMP ow fof-ca L L 'II �lant SAGINAW J N N. GENESES UWE < ERLINDE o z � z < o SCHOOL � � W cI� � DREXEL �- nccEss Ma-ME-D aETwmv 230PMro5PM & IAMT03AM ** ACCESS PR01-BffED LAD OSBORN ** ALL TI-E Tf"E DRAFT TO CLERK 103197 APPROVED 11-04.97 TO CLERK 11-12-97 Minutes of the Regular Meeting LANSING PLANNING BOARD 7 p.m., City Council Chambers Tenth Floor, Lansing City Hall 124 West Michigan Avenue Tuesday, October 21, 1997 1. OPENING SESSION A. Roll Call: Present: Frederick, Goolsby, Greiner, Keene, Miller, Nischan, Ruge, Smith; eight members present. Ex officio councilmembers Lilly, Allen; not in attendance. B. Excused Absences - None. C. Introductions: Eleanor Love, Planning Manager, Introduced staff present, James A. Ruff, Zoning Administrator; and Louise H. Christian, recording secretary. 2. APPROVAL OF AGENDA - Urban Development Committee meeting is October 28, 1997; Z-19-97 is pending under Zoning and Ordinance Committee. Corrected agenda distributed; approved as printed. 3. COMMUNICATIONS - None. 4. HEARINGS - None. 5. COMMENTS FROM THE AUDIENCE (five minutes each) ANTONIA MARIE MIERNIK, 629 W. LAPEER, representing the Greater Lansing Housing Coalition on behalf of Z-20-97, 1110 W. Allegan St., "F" Commercial to "C" Residential District. The zoning change is being requested so that the GLHC can purchase the property, rehab it and sell it for homeowner-occupied housing for low to moderate income families. This rezoning would make it consistent with the Master Plan for this area. The structure is a residence, always used residentially. Other than the properties to the immediate east, all are zoned residentially. This is a three-bedroom two-bath property with two parking places, dining room, kitchen, bath and study/den downstairs. It would make a significant impact in one of our target areas. RICHARD GAMBER, 1213 W. SHIAWASSEE, representing Greater Lansing Housing Coalition and for three years Vice Chair of Housing Committee, West Side Neighborhood Association. We take the worst houses in any block, rehab them in depth, weatherize them, install new mechanicals with moneys from the City, which holds us to a very high standard. The homeowner will not have major repairs for ten years. We receive certain funds from the City that allow us to do more rehab work on the property than the property is worth. We may have PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 2 acquisition costs and rehab of, say, $55,000 and we may resell it for $40,000, because we have forgivable funds that allow us to do work that would not normally be economical. We take properties that have been rental properties, drug houses, or abandoned, take them down to the studs, and put them back together. (Distributed photo board of rehabilitated houses.) We are trying to put money back into the neighborhood to prompt a renaissance in that area. This is a property we have identified that would make a significant impact on the neighborhood. We believe residential is a reasonable use of the property. It is consistent with the Master Plan, and a big improvement in the neighborhood. I don't think the neighborhood would be improved, in spite of the fact that it is zoned commercial, if it became commercial. City policy is to encourage home ownership. That is what we do, take rental properties and turn them into home- owner properties. With your help, we can continue to do this. Mr. Ruge said he was concerned about the curb appeal of porches. Ms. Miernik said they have improved porch appearance 1,000 percent and also streetscape. Mr. Gamber said they have gone back and landscaped houses previously sold. 6. RECESS - None. 7. BUSINESS SESSION A. Minutes for Approval: Minutes for October 7, 1997 not available. B. Committee of the Whole C. Committee Reports 1. Committee of the Whole. 2. Zonina and Ordinance Committee, Mr. Goolsby, Chair. At the meeting on October 15, Mr. Goolsby was elected Chairman, and Mr. Frederick was elected Vice Chairman for the coming year. a. NCU-2-97, 801 N. Capitol, Class A Status on NCU Building The property is zoned "D-1" Professional Office, which allows residential development up to the "DM-1" Residential density. The property is nonconforming since it does not contain the minimum lot area of 10,400 square feet for the four 1-bedroom units and since the building does not meet the minimum setback requirements for the district. The property therefore currently maintains a Group 3 Class B Nonconforming Status which restricts the cumulative and PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 3 total restoration of the property to no more than 35 percent of the fair market value of the structure. The property is being sold and the financial institution is not willing to finance the purchase without greater repair flexibility in the event of damage to the structure. Section 1294.04(d) sets forth the criteria for evaluating Class A status proposals. The proposed expansion of the nonconforming single family home will not create any traffic, pollution, or parking problems for the area in which it is located. The committee, based upon testimony and evidence, concurred with the staff report and found that it appears the four-unit apartment building had been constructed and used as a four-unit apartment building and will likely continue to be used as such. Further, the property has been well- maintained and has not adversely affected the adjacent land uses. In committee, it was moved, seconded and carried unanimously (4-0) to recommend approval of NCU-2-97, 801 N. Capitol, Class A Status for the four 1-bedroom-unit apartment building. Mr. Goolsby 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 approve NCU-2-97, 801 N. Capitol, Class A Status on NCU Building. Mr. Ruff said regarding the word "expansion" in the staff report, the property is not being expanded. It is strictly Class A status, to remain as is, as a four-unit. Mr. Ruge asked could they expand this property by one apartment? Mr. Ruff said no, as a nonconformity, it does not have the lot area. Originally, it was set up for a fifth unit in the basement; however, it was never finished. If they came in for a building permit to finish it, we could not approve it without another Class A status. Also, they would not have parking to support that. The small site is balanced with four 1-bedroom units. Frederick . Ave Goolsby Ave Greiner . Ave Keene .Ave Miller . Ave Nischan . Ave Smith . Ave Ruge . Ave On a roll call vote, there were: Ayes: 8; Nays; 0; carried; unanimous; NCU-2-97, 801 N. Capitol, Class A Status on NCU Building, was APPROVED. PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 4 b. NCU-3-97, 1508 E. Michigan, Class A Status The applicant is proposing to rehabilitate and convert a fire- damaged, four-unit nonconforming structure to a two-unit with two bedrooms each. The property is zoned "F-1" Commercial. As a nonconforming use, fire repair is limited to 50 percent of the value of the structure. Because the estimated value of the rehabilitation work exceeds this limit, Section 1294 of the Zoning Code requires approval by the Planning Board for the repair work. Section 1294.04(d) sets forth the criteria for evaluating Class A status proposals. The proposal would be a definite improvement over the existing situation. Accessibility and parking would be acceptable and adequate. The proposed fire damage repairs and renovations would require a building permit and inspections. The committee, based upon testimony and evidence, concurred with the staff report and found that it appears the repair of the structure and reduction of density as a two-unit building will be an improvement to the property and-the area. In committee, It was moved, seconded, and carried unanimously (4-0) to recommend approval of NCU-3-97, 1508 E. Michigan, Class A Status for the conversion and rehabilitation of the fire damaged four-unit into a two 2-bedroom dwelling with the following conditions as outlined in the staff report: 1. The work to rehabilitate the structure be completed by May 1, 1998 (approx. 6 months); and 2. The property be inspected and approved as required by the Building and Housing Codes prior to re- occupancy of the building. Mr. Goolsby made a motion, seconded by Mr. Frederick, based on testimony, evidence, and the staff report, a copy of which is attached hereto and made a copy thereof, to approve NCU-3-97, 1508 E. Michigan, Class A Status, with two conditions. PLANNING BOARD ACTION on the motion was as follows. PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 5 Mr. Nischan said the Master Plan and zoning call for the building to be commercial; what is the reason for supporting residential use? Mr. Goolsby said the building has been used residentially for a period of time. This would be a continuation of that usage, but at a lower density than before the fire damage. Mr. Ruff said, considering the block face, some of the existing commercial is conversion of single-family homes. The block face has a residential look. There is a residence next door. We thought reduction from a 4-unit to a 2-unit was appropriate while in residential use. That is also the desire of the applicant. Mr. Greiner said this is the best we can do at this point. Mr. Ruge asked abut the May 1 deadline; is the Class A status revoked if it is not completed? Mr. Ruff said they could request an extension, or at the discretion of the Board, if it is delayed, it could be revoked. Ms. Love said the Zoning Code, under the revocation section of Class A, calls for a vote of the Board to revoke. It is not automatic. Mr. Greiner asked if there is a way the Board could be notified, rather than having to remember the status. Ms. Love said we are working on developing a computerized system that will red-flag such cases. Mr. Ruff said we will be supplying information when we finish the chart of zoning actions. Ms. Keene asked if the applicant indicated how long it would take. Mr. Ruff said they have a contractor and we believe they are ready to roll, just waiting for Board approval and a building permit. The Buchners are here for questions you may have. Ms. Keene asked Mr. Buchner the anticipated time to completion. ERICH BUCHNER. I believe May 1 should not be a problem. We anticipate being done before then. I could come in a month before to give you an update. About 1510 E. Michigan, which we boarded up, we have removed the boarding, done some siding work and other improvements to make it more attractive. Chairman Ruge said the Board would appreciate notification if the completion date is not met. Mr. Buchner said he would be happy to come in around April 1 and provide a progress report. Goolsby . Ave Greiner .Ave Keene . Ave Miller . Ave Nischan . Ave Smith . Ave Frederick . Ave Ruge Ave On a roll call vote, there were: Ayes: 8; Nays; 0; unanimous; carried; NCU-3-97, 1508 E. Michigan, Class A Status was APPROVED. Mr. Ruff said, as a reminder to the Board, NCUs do not go to Council. Based on these actions, we would be able to issue appropriate permits for NCU-3-97 and give the Travenias their letter for financing. PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 6 C. Z-19-97, N.W. Cor. Cavanaugh &Aurelius, "F" Commercial to "G-2" Wholesale District This request to rezone property at the northwest corner of Cavanaugh and Aurelius Road from "F" Commercial District to "G-2" Wholesale District is tabled in the Zoning and Ordinance Committee. The concern is all the uses that could be allowed in the "G-2" Wholesale District. There is some feeling that the self-storage proposed may fit in the area with the appropriate screening and buffering; however, "G-2" Wholesale District opens it to uses that the committee is not comfortable with. The applicant requested us to hold this and look at other alternatives. The committee agreed, and asked staff to look at whether it would perhaps be appropriate to change the ordinance to include self-storage facilities into a different zone, or make them a special land use within a zone where we could put conditions on them. We anticipate there may be some other requests like this around the city. We informed Mr. Poorman this did not mean we were leaning one way or another, but rather that we felt we should see if there was another alternative. We may have a report from staff by the next Z&O meeting. TABLED. d. Z-20-97, 1110 W. Allegan St., "F" Commercial to "C" Residential District This request by the Greater Lansing Housing Coalition (G.L.H.C.) is to rezone property at 1110 W. Allegan from "F" Commercial to "C" Residential District. The proposal to substantially rehabilitate the subject property for home ownership is in compliance with the River Island Comprehensive Plan and fulfills the goals of the City for increased rehabilitation and home ownership. No negative impacts are anticipated from this proposal. The committee discussed the land use relationships, the master plan recommendations and the development of the buffer along Martin Luther King Jr. Boulevard. There was concern, on the part of the committee, that the house could become surrounded by a commercial development, as the current zoning allows, and then be neglected due to the poor situation. Yet, the committee, based upon testimony PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 7 and evidence, concurred with the staff report and found that this is another step for the advancement of the master plan in this area, and the rezoning will be compatible with the existing residential development that dominates the area. In committee, it was moved, seconded and carried unanimously (4-0) to recommend approval of Z-20-97, 1110 W. Allegan St. from "F" Commercial to "C" Residential District. Mr. Goolsby 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 Z-20-97, 1110 W. Allegan St., "F" Commercial to "C" Residential District. PLANNING BOARD ACTION on the motion was as follows. Keene. . . Abstain Miller . Ave Nischan . Ave Smith . Ave Frederick . Ave GoolsbyAve Greiner. . Ave Ruge .Ave On a roll call vote, there were: Ayes: 7; Nays; 0; Abstentions: 1; carried; Z-20-97, 1110 W. Allegan St., "F" Commercial to "C" Residential District was recommended to be APPROVED. e. Z-22-97, Vacant Land 1100 Blk. E. Miller (S. Side), "A" Residential to "G-2" Wholesale District The applicant, Snethkamp Properties, L.L.C., 6131 S. Pennsylvania, Lansing, MI, 48911, is proposing to rezone vacant property in the 1100 Blk of E. Miller Road on the south side of the road from "A" Residential to "G-2" Wholesale. The business is growing, and there is no room for expansion on the existing parcel. The applicant is proposing to include an access road to a,paved parking area and a storage building. The rezoning of this property to the "G-2" Wholesale District would be compatible with the existing nonresidential uses, and an appropriate landscape buffer to reasonably buffer the abutting homes from the development of the site PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 8 is necessary. At the meeting, the committee discussed the buffering with the applicant, and they are committed to it, and will work with staff to accomplish that. The Southeast Area Comprehensive Plan recognizes this area for warehouse use. Therefore, the rezoning is consistent with the Master Plan. There is a potential for a minor increase in vehicular traffic, but no impact on pedestrian traffic. There should be no impacts on the environment, public service or future patterns of development with exceptions to the future zoning of 1110 E. Miller Road. The committee, based upon testimony and evidence, concurred with the staff report and encouraged extensive screening and buffering in accordance with the code. In committee, It was moved, seconded, and carried unanimously (4-0) to recommend approval of Z-22-97, Vacant Land 1100 BIk. E. Miller (S. Side) from "A" Residential to "G-2" Wholesale District. Mr. Goolsby made a motion, seconded by Mr. Miller, 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-22-97, Vacant Land 1100 Blk. E. Miller (S. Side), "A" Residential to "G-2" Wholesale District. PLANNING BOARD ACTION on the motion was as follows. Mr. Nischan asked if the parcel fronting on Miller Road being rezoned is identified in the Comprehensive Plan as recommended for "G-2"? Mr. Ruff said yes; on the south side of Miller Road, the drain is the line between nonresidential warehouse development to the west, and residential development to the east. Mr. Frederick said the drain is a rather imposing barrier. It is not going to allow anything to creep over into the residential section. Mr. Smith asked about any responses received from residences to the east. Mr. Ruff said no responses have been received. Mr. Sturk, who is here tonight, has also tried to contact people to the east to get their input and has been unsuccessful. We did advertise, and mailed to that address. The people to the west volunteered to file for rezoning; we thought it unnecessary. PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 9 Miller. . . Ave Nischan . Ave Smith. Ave Frederick Ave Goolsby . .Ave Greiner Aye Keene Ave Ruae .Aye On a roll call vote, there were: Ayes: 8; Nays; 0; unanimous; carried; Z-22-97, Vacant Land 1100 Blk. E. Miller (S. Side), "A" Residential to "G-2" Wholesale District was recommended to be APPROVED. f. Z-15-97, 2605 Taylor St., "H" Light Industrial District to "I" Heavy Industrial District Mr. Gary Bauman, the applicant, came in to the Zoning and Ordinance Committee and supplied additional information for consideration. The information was received. Mr. Ruff requested that the committee leave this on the table so the staff may evaluate the information. The committee concurred, and Mr. Goolsby suggested that the public hearing information and reports be given to the new members for their review. TABLED. Next meeting Wednesday, November 12, 1997 at 4 p.m., Department Conference Room, 316 N. Capitol Avenue. 3. Urban Development Committee, Mr. Nischan, Chair. Next meeting Tuesday, October 28, 1997 at 4 p.m., Department Conference Room, 316 N. Capitol Avenue. 3. Executive Committee - has not met. C. Report from Planning Manager The City has been negotiating with the County to put a ten-field soccer complex on the 80 acres of the Aurelius Road landfill. DEQ has given approval. We are in the process of spending $1.5 million to install a gas venting system under the playing fields and putting in fill to level out the playing areas. This Thursday night at 7 p.m., Public Service Dept. and their representative, Camp, Dresser & McKee, who have also appeared before the Planning Board, will hold a public meeting at Forest View School for information purposes and to get neighborhood comment. After the meeting, the matter will go to City Council for final approval of the PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 10 contract between the City and the County for construction and operation of the complex. By putting additional fill over the cap, a better barrier will be created for additional environmental protection than exists on-site right now. The venting and maintenance of the environmental features will remain with the City; the County will maintain the fields. The City will be able to pick days and dates the facility will be available to Lansing soccer. The money for the venting and site clearance will be done with environmental bond money, so there will be no actual out-of-pocket cost to the City. By Spring 1999, the fields will be ready for use. The City Council has become interested in making billboard amendments to the existing code. They have sent us a copy of what they would like to do as sign code amendments. Mr. Ruff summarized, saying primarily there would be changes to location, and a cap on the number of billboards, 50; we have about 350 billboard faces now. For a sign company to put up a new sign in accordance with the new distance standards from residential, it would have to be farther from residential and intersections, and the sign company would have to take three nonconforming signs down. It would make most billboard signs in the City nonconforming. Alcohol and tobacco ads would have to be at least 1,000 ft. from a residential district, park, library, church, school, historic district or hospital. Mr. Smith asked about billboards mounted on trucks that can be parked anywhere. Mr. Ruff said if they are mobile units, they are not supposed to be parked. If they are on the street, we cannot regulate them; however, if they are parked on private property, then we can regulate them. Mr. Frederick asked about a unit being parked overnight on its own property (this one, close to where the soccer fields will be), would you be able to prohibit it? Mr. Ruff said if it were parked in back, and not set up for advertisement, he probably would not enforce. Ms. Love said City Council rescinded an action they took a week ago when they approved the Department to apply for a forgivable loan for $1 million for infrastructure. At last night's meeting, they voted to rescind the action, in part due to a large number of residents concerned about a variety of things. They didn't want "their" trees disturbed, they were concerned about low income housing being built in their neighborhood, increases in traffic and new businesses and industries and new warehouse activities going in on the Associated Grocers property north of Lindell. We have been asked why we didn't tell neighbors about this. have been thinking about this, because we are not changing the zoning of any property. This was before the Planning Board; it went to City Council. PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 11 In terms of the residential area, we were trying to promote construction of $120,000-to-$130,000 houses in an area where the median market is $80,000-to-$90,000 houses, and in the industrial section facilitate rehab of the Reid Machinery building for new jobs and investment in an area that has not been yielding any tax dollars for the last 25 years. Until recently, we have been trying to grapple with the Renaissance Zone and how it is going to work and trying to get direction from the state. There has not been a lot to report until about a week ago. When we were finally able to make projections of how we were going to pay for infrastructure, and for other activities, we said we needed people's input about redesigning Victor Avenue, for instance. We can control that, but what people in the audience did not understand was that we cannot control Reid Machinery or Oneida Development, which are privately-owned and held. The state did not provide carrots in the legislation so that we could nudge the developer. Now we have some information from MDOT that we needed before we could go to the community, because we weren't sure where we could put the access road into the industrial area. We now have the opportunity, but it is going to look like a knee-jerk reaction. For new Board members, or anyone else who would like an update, I would be happy to meet with you and review the elements of the renaissance plan for the both Seven Block Area and the area near the Lindell site. The specter of discovery of a toxic dump site has been raised. I recently saw a report indicating the Reid Machinery site is very close to being cleaned up. They are in the midst of getting closure on it right now. For those new members of the Board, if you would like to take a lunch hour, I am open to suggestions. We are going to be out in the neighborhood talking with people. Maybe after the meeting, we could set up some times. If anyone else wants to sit in, let me know. Mr. Frederick asked if the review could be held before the regular meeting of the Planning Board. Ms. Love said this could be done at 6:15 p.m. on Tuesday, November 4, 1997. Ms. Keene said she was aware of the two different renaissance zones. She didn't see how they could be surprised. Ms. Love said it was a not-in-my-backyard situation. Mr. Smith asked what mechanism is used to inform neighborhood people about what will happen. Ms. Love said there were articles in the newspaper. The land was already zoned, and no major changes to existing zoning patterns were planned. In the Southwest Area Master Plan, closing Victor Avenue to eliminate cut-through traffic was identified as a strategy, as was an alternative entrance to the warehouse property on the north side of railroad tracks, and buffering. At the time of the Master Plan, individual residents may not have been there, but the Plan is in effect and in force and many of these ideas were taken from the existing Master Plan. After we received firm information about MDOT about driveway locations, we PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 12 looked at many scenarios. In the next couple of weeks, we would have been ready to go to the neighborhood and present alternatives for access to the warehouse area. The residents would have said, how are you going to pay for it? Until a week ago, we didn't have a way to do that. Regarding industrial, until we can place the road, we can't configure lots in the warehouse park. Mr. Smith said people at the Council meeting did not seem to have prior information but rather were operating on rumor. Ms. Love said the problem was 1,500-sq.-ft. houses costing $127,000 per house including lot and infrastructure, and to make the houses more affordable by underwriting the price of utilities so the price declined to about $100,000, as soon as the word "affordable" was used, people did not hear anything else. Mr. Greiner said people have the idea that they can enjoy vacant land next to them even though it belongs to someone else. They want the trees and wildlife, and they think it is their right to have it remain the same. They get upset when changes are proposed, but they don't want to buy the land to prevent change. Mr. Frederick said education of residents is a way to alleviate the controversy; put the facts out there. Mr. Miller said he lives in the area. The Colonial Village area is a cohesive group with long-term residents, professionals with good incomes who chose to stay in the City and the neighborhood. Residents are concerned about how the area develops. The rumor went through the neighborhood quickly. They did not know what was going on. Mr. Miller is eager to help. Ms. Love said we are trying to look at the concerns and take each of them and make a question-and-answer sheet so we can give people a fact sheet with a map. The fact sheet will be ready by November 4. John Ruge and Michael Smith indicated they wanted to attend the Walkable Communities, November 19 and 20, 1997 in East Lansing. Mr. Nischan wishes to attend the MSPO Site Plan Review, Wednesday, December 10 at Frederik Meijer Gardens, Grand Rapids, and Mr. Frederick wishes to attend Thursday, November 6 in the Detroit Area, location to be announced. Chairman Ruge called members' attention to the Master Planning sessions in January in Grand Rapids. PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 13 D. Pending Items: Future action required. 1. Committee of the Whole a. Act-5-97, River St., South of E. South St., Vacate Right-of- way Tabled September 16, 1997 2. Zoning & Ordinance Committee a. Z-15-97, 2605 Taylor St., "H" Light Industrial District to "I" Heavy Industrial District, Tabled September 16, 1997 for 30 days. b. Z-19-97, N.W. Cor. Cavanaugh & Aurelius, "F" Commercial to "G-2" Wholesale District 3. Urban Development Committee a. Act-2-95, 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 (UDC Tabled November 26, 1996) e. Act-3-97, Paulson Park Sale (Tabled April 22, 1997) f. Act-10-97, 6100 Blk. Ellendale Drive, Easement Reduction g. Act-13-97, Sheridan St. and May St., Consolidate Two At- grade Railroad Crossings 8. NEW BUSINESS A. APA PLANNING - Mail home or office - Member preferences. The American Planning Association mails up to ten subscriptions at the same price, and they will mail to members' home addresses. Members agreed they preferred to receive the APA PLANNING at home. Members received an updated list of Planning Board members, committee chairs and members. 9. COMMENTS FROM CHAIRPERSON - Chairman Ruge - None. 10. COMMENTS FROM BOARD MEMBERS Mr. Smith reported attending the Principal Shopping District meeting. The consultants from the McKenna Group commented that people were positive. It was a well-attended meeting. They also need to reach a larger audience-- PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 14 people in East Lansing and Okemos. Ms. Love said there is another meeting from 6-8 p.m. on October 28 at the Unitarian Church to reach these people to get their input about the Lansing downtown area and how to attract people back to downtown. Ms. Love said primary tasks are finishing a marketing plan, determining land use, and completing a design plan. What do we want, where will we put it, and how will it look. We will have a draft in February which the Planning Board will review in March or April. The City Council will have it in April or May. Mr. Frederick reported that he attended the October BZA meeting. The Board of Zoning Appeals addresses many of the same issues as the Planning Board, but from a different perspective. Specifically, people wanted to do things that the zoning did not allow, but they wanted to do it anyway. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS Mr. Frederick asked about the Cedar Street School on Cedar close to Old Town and south of Grand River; every window is now broken. Ms. Love said the rumor is that the church and school have been bought by Rite Aid. Mr. Frederick said the Happy Elephant Child Care still has the elephant. Mr. Ruff said we are proceeding with developing a sign brochure which will be printed soon. It will address signs on a use basis in a friendly but direct way. It will be the subject of a Channel 28 program. We will move it through with the business community associations in preparation for a January start, and deal with signs on a mile-by- mile or half-mile by half-mile basis. We hope to get voluntary compliance before then. Mr Ruge asked about the parking lot at Michigan and Grand Avenues and about the construction equipment on Pennsylvania Avenue; Mr. Ruff said he will have a response by the November meeting, and he will check on the status of the construction equipment. 2. ADJOURNMENT - was at 9:20 p.m. Respectfully submitted, Eleanor K. Love, Secretary Lansing Planning Board Umn102197 aA42 NCU-2-97: 801 N. Capitol Ave. Class "A" Nonconforming Status GENERAL INFORMATION APPLICANT: Roger & Paula Travenia 241 Rampart Way East Lansing, MI 48823 STATUS OF APPLICANT: Owner REQUESTED ACTION: Class "A" Nonconforming Status PURPOSE: To give greater flexibility in the restoration of this nonconforming four-unit building. EXISTING LAND USE: Four-Unit Residential EXISTING ZONING: "D-V Professional Office District PROPERTY SIZE & SHAPE: 66' X 82.5' (5,445 sq. ft.); Rectangular in shape SURROUNDING LAND USE: N: Single Family Residential S: Multiple Family Residential E: Single and Two Family Residential W: Two Family Residential SURROUNDING ZONING: N: "D-1" Professional Office S: "E-1" Apt. Shop District E: "D-1" Professional Office W: "D-1" Professional Office MASTER PLAN DESIGNATION: River Island Comprehensive Plan designates the west side of Capitol Avenue, between Madison and Oakland for office land use. HISTORY: Property was rezoned from "DMA" Multiple Dwelling District to "D-1" Professional Office District in 1968 along with several other properties (see attached Resolution #1968). The property owners, Roger & Paula Travenia, have pointed out their thorough maintenance of the property in their attached letter. NCU-2-97 Page 2 801 N. Capitol Avenue SPECIFIC INFORMATION DEVELOPER'S PROPOSAL: Class "A" Status to allow the building at 801 N. Capitol Avenue greater flexibility in the restoration of this nonconforming four-unit building. BACKGROUND AGENCY RESPONSES: Ameritech: (No response received yet) Assessor: No comments. Board of Water and Light: Electric Utility The Electric Customer Projects and Marketing Department does not have an objection to this request. Contact Person: Steve Conn 371-6726. Water Utility Water Technical Support/Distribution- Domestic and fire service available. Need service requirements and site plan. Contact Person: Terry Robison 371-6494. Building Office: Restoration will necessitate the acquisition of a building permit. Plans may have to be sealed by an architect or engineer depending upon the scope of work. City Attorney: (No response received yet) Code Compliance: (No response received yet) Consumers Energy Company: (No response received yet) Development Office: Support of parking is sufficient and Class "A" status would result in rehabilitation of the building. Fire Marshal: No objection to this plan. Ing. Co. Drain Commissioner: (No response received yet) Media One (Cable): Media One has no concerns at this time. NCU-2-97 Page 3 801 N. Capitol Avenue Parks and Recreation Dept.: (No response received yet) Public Service Department: (No response received yet) Traffic Engineer: It is my understanding that the existing use will not change. Therefore, the Transportation Division is supportive of the request to upgrade the non-conforming status of this property. Lansing Neighborhood Council: (No response received yet) Capitol Hill Organization: Capitol Hill recommends approval of the Class "A" Nonconforming Status of 801 N. Capitol Avenue. This property has always been well maintained and there would be no negative effect on the nearby properties by granting this request. -Joan Sheldon (Capitol Hill) Downtown Nghbood. Assn: (No response received yet) Walnut Nghbood. Org.: (No response received yet) SPECIFIC INFORMATION Analysis The applicant is requesting Class "A" Status to allow the building at 801 N. Capitol Avenue greater flexibility in the restoration of this nonconforming four-unit building. The property is zoned "D-1" Professional Office which allows residential development up to the "DM-1" Residential density. The property is nonconforming since it does not contain the minimum lot area of 10,400 square feet for the 4 one bedroom units and since the building does not meet the minimum setback requirements for the district. The property therefore currently maintains a Group 3 Class "B" Nonconforming Status which restricts the cumulative and total restoration of the property to no more than 35 percent of the fair market value of the structure. The property is being sold and the financial institution is not willing to finance the purchase without greater repair flexibility in the advent of damage to the structure. Section 1294.04(d) sets forth the criteria for evaluating class A status proposals. These include: 1. Has direct access to a non-local street if the use is non-residential; NCU-2-97 Page 4 801 N. Capitol Avenue 2. No more pollution generated than would be generally associated with uses in that zoning district; 3. Parking requirements are met. Direct Access to a Non-Residential Street This generally applies to uses that are more intense than what is typically allowed in the zoning district such as a retail store on a residentially zoned parcel. A four family home on N. Capitol Avenue (which is a considered a minor arterial) would not have a negative impact on traffic. Pollution Impacts Activities associated with the subject four family home will not generate smoke, odor, air pollution, water pollution, vibration, glare or noise that is more than the level associated with the uses permitted by right in the "D-1" Professional Office District. The neighborhood organization has indicated the property has been well maintained over the years. Parking Requirements are Met Parking requirements according to Section 1284.13 for four one-bedroom units is 6 spaces which are available on site with three of those being accessible at any time. Two spaces are in the detached two car garage and four spaces are available in the parking lot. The garage should be kept available for the parking required for this Class "A" Status. Other According to the Zoning Ordinance, in the case of any fire damage, restoration cannot be more than 50%. Restoration to any fire damage, however, may exceed this amount if a variance is granted by the Board of Zoning Appeals. Summary: The proposed expansion of the nonconforming single family home will not create any traffic, pollution, or parking problems for the area in which it is located. RECOMMENDATION: Staff recommends that the Class "A" Nonconforming Status be approved as requested. The two spaces available in the garage are required to be available to tenants to supply the minimum number of parking spaces for this Class "A" Status. R E C E!V ED Roger & Paula Travenia :')EP 2q 1997 241 Rampart Way East Lansing, Michigan 48823 PLANNING DIVISION 517-333-3808 September 25, 1997 Ms. Donna Wynant. Senior Planner Dept. Planning & Neighborhood Development 316 North Capitol Avenue Lansing, Michigan 48933 RE: NCU-2-97, 801 North Capitol, Class A Status on NCU Bldg. Dear Ms. Wynant: We would like to have the zoning on our building re-classified from "DM-1" to "Class A" status. It came as quite a surprise to learn that back in 1983 that the zoning had been changed, and while we are the third owners since this zoning change, we seemed to be the ones negatively impacted as we attempt to sell this property given what the city has told various mortgage companies. We have, and still do, employ the use of a management company to handle the rental and other related apartment issues. Every tenant we have had in this building since our 10-year ownership has been single, and the tenants that decided to get married, move out for a larger apartment or home. While we have two active stable elderly tenants, we also get LCC, Cooley Law and downtown office workers in this building. During the 10 year ownership our building has not -- Suffered any interior or exterior damage either major or minor; -- Changed from its original four 1-bedroom unit configuration; -- Suffered from any over occupancy problems; -- Had any rentals that included children as this is against the law for a 1- bedroom apartment This apartment building has passed every inspection done by the city and we have made many changes and upgrades not imposed by the city. When we purchased this building, while very structurally sound, it was not well manicured. It was astonishing that no one ever complained about the unruly shrubbery reaching as high as the second floor apartment window level nor the massive undergrowth making it impossible to walk on one side of the building. We cut and removed significant unwanted shrubs and cut hedges to make the outside look more presentable and give it road appeal. I Since we are not slum lords, we have made considerable improvements to make the building secure and a pleasurable place for the tenants to live. We have had one tenant who has lived in the building over 25 years. We took it upon ourselves to make considerable changes to the exterior to increase the security and pleasure for the tenants . . .things like -- Expanding the parking area which can accommodate up to 8 cars for friends and family visitors; -- Installing safety rails around the rear entrance to prevent someone from falling; -- Fixed crumbling steps -- Provided a patio area and secured the door entrance from unwanted intruders Aside from continuous upgrades to the individual apartments, there have been other significant common area improvements over our 10 years of ownership including. . . -- New boiler, water heaters for safety and efficiency -- Extra storage bins for tenant convenience -- Professional washer/dryer service customary to the larger buildings And yet, we still have considerable unused basement space. Interestingly, the building was apparently designed with a 5th unit in mind, but one of the previous owners never followed thru. When we investigated with a local builder in 1991 the potential for installing the 5th apartment given the considerable unused space in the basement, he was told by the city permit office that there would be no problem in granting a permit for the work. We did not follow thru with this idea in 1991 because the contractor's cost was too high. Given the surprising zoning change of 1983, it is rather amazing how a permit was going to be issue for the work. We, like the buyers, would like to close this deal and move on with our lives. We hope your office will see the wisdom of granting us a Class A status and that there are no further impediments to this sale.. Respectfully, Paula & Roger Travenia cc: Jim Van Ells Coldwell Bankers Realty 2 CITY OF LANSING CITY CLERK'S OFFICE To Planning Department The following action was taken by the City Council at a meeting held on December 23, 1968 #1407 #1408 E.204.0 feet to the Northeast cor- - ner of said Kraus Acres, thence on the L-; North line of Kraus Acres N�­89° 67' 1 ' 02",W. 99.0 feet,thence N.0° 02, 58", %I E. 425.77 feet to the point of By Councilman Councilman Helen— ping, said described parcel containing 41.766 acres of land (more or less), Whereas, by petition duly filed on the City of Lansing, Ingham County, 19th day of August, 1968,this Council was Michigan, Petitioned to change the following de- 1 scribed Property from "A" One Family from. "A". One Family Residence District I i Residence District to Community Unit to Community Unit Plan—�2000 block of 3y Councilman lielen-- Plan, all as set forth in the Zoning Code West Miller Road); and .Whereas, by Petition duly filed on the of this City, and Whereas, the Planning Board, pursuant 16th day of September, ,1968,. this Council Whereas, due notice as required by law to Act 207, P.A. 1921, and Section 36-7 of �eycttPeetitioned to change the following has been given for a public hearing on the Zoning Code recommends to the Coun- Dwelling property to 'D-M" Multiple cil that said rezoning be granted as-per 1" Professional said petition, and site development plena deposited with the Office District, all as set forth in the Zon- Whereas, at such hearing held on the Planning Department, and ing Code of this City, and 16th day of December, 1968, all parties - Whereas, due notice as re Interested therein were heard and gvien Whereas, the Planning Committee of the has been given fora eating by {aw due consideration, and' Council,.to whom was referred the report Petitiou, and public hearing on said of the Planning Board, agrees with said Whereas, the property involved is-de- report and likewise recommends that the \4'hcreas, at such hearing held on the scribed as: land be rezoned to a Community Unit 16th day of -December, 1968, all parties Z-86-68-2000 block West Miller Plan, interested therein were heard and given Road Therefore, Be It Resolved, that the Colin- due consideration, and cil .of the City of Lansing hereby OR- Whereas, the property involved More Particularly described as: DAINS that the above described land be scribed as is de- : rezoned from "A" One Family Residence That part of the Northwest r/.t_ of District to a Community Unit Plan Dis- Z_p5_B$—� v 11-213 W. Oakland Avenue Section 8, T3N, R2W, City of Lansing, trict in accordance with the site develop- end 801, 807, 811, 815, 823, 825, 827, Ingham County, Michigan, and that ment plan deposited with the Planning 829, 831 N. Capitol Avenue and 210- part of Outlots `B" and C"of Kraus Board and provided that a landscaped plan 212 W. Madison Str Acres as recorded in Liber 14 of Plats prepared to the satisfaction of the Plan- eet. on page 39,Ingham County Records,and ning Department is deposited with said Whereas, the pro all of Lot 31 of Kraus Acres No. 1 as Department prior to the issuance of occu- larly described as:property is more particu- recorded in Liber 16 of Plats on page pancy permits, 11, Ingham County Records, described Lots I throe gh as follows: Beginning at the South- Be It Farther Resolved, that the Zoning the North t, f h inclusive, except west corner of said Kraus Acres No. 1, Maps be xtQended to indicate this change, Lot No. 1, all of the East 5 rods of said point being East 231.0 feet on the Property being part of Section"Line and parallel with the Ciuck f 50 of the Original Plat, West line of Section 8, S. 0° 02' 58", Adopted by the following vote: City of Lansing, Ill County, W. 231.0 feet from the Northwest cor- d Michigan, Unanimously, ner of said Section 8, running thence 7 i from "D- East 493.41 feet to the Southwest cor- M" Multiple Dwelling District to ner of.Lot 31 of said Kraus Acres No. "D-1" Professional Office District, 1, thence N. 0' 09'. E. 181.0 feet to y Wheless, the Planning the Northwest corner of Lot 31, thence �' to Act 207, P.A. Board, pursuant. East 60.0 feet to the Northeast corner A 1921, has reviewed this of Lot 31, thence S. 0° 09, W. 181.0 petition and recommends that the petition feet to the Southeast corner of Lot 31, { .be approved, and thence East 537.45 feet.on the South - Whereas, the Planning Committee has line of said Kraus Acres No. 1 to the reviewed the report and concurs in the East line of the West t/, of the North- recommendation of the Planning Board, west r/ of said Section 8 (the % line), ' thence on said East line S. 0° 00' 40", Therefore, be it resolved and the City E. 184(i.45 feet to the Northerly right of Lansing ordains that the property above of way line of Highway I-96, thence described is hereby changed from "D-M" on said right of way line N. 78" 04' 10", W. 1015.58 feet to the East line --r-----. Multiple Dwelling District to "D-I" Pru_ of said Kraus Acres, thence on the fessionnl Office District% , as set forth in East line of Kraus Acres N. 0° 02' 58 - the Zoning Code of said City, and E. 266.65 feet, thence on a line 32.0 \.;' ifs it further resolved, that the 'Zoning B N. feet North of and parallel with the ,(� M"Ps be amended to indicate such transfer,line of said Outlot o %- j 89' 67' 02", W. 297.0 feet to the West line of Outlot "B",thence on said West Y%, •�j /c Adapted by the following vote: line N. 0° 02' 58", E. 66.0 feet, thence I"" �G •�^ ' Unanimously, on a line 32:0 feet South of and paral- lel with the North line"of Outlot "B", A^ O -- S. 89° 57' 02", E. 297.0 feet to the East line of Kraus Acres, thence on said East line N. 0° 02' 58 E. 624.0 ' feet, thence on a line 64.0 feet North �'J' --••��)) pp and parallel with the South line of '�.L��,; '•;�'I/` C\==!i�j/.iTj /J f, �i�y/sue"" said Outlot "C" N.'89' 67' 02", W. 29 297.0 feet to the West line of Outlot "C", thence on said West line N. 0° 02' 58", E. 60.0 feet, thence on a line 6.0 feet South of and parallel with the North line of Outlot 'C" S. City Clerk 89' 67' 02", E. 297.0 feet to the East line of Kraus Acres, thence N. 0° 02' NCU-2-97: 801 N. Capitol Ave. NORTH Class"A" Nonconforming Status LOT R66' 22.5' z 23' _ CONCROTM GARAGE DRIVE T NORTH 35' x 40' 1"=20' ca BUILDNGENT ll7 Z CV C-j CD co CC Cn CC a PORCH in R66' SIDE WALK CURB N. CAPITOL AVE. � � fv NCU-3-97 1508 E. Michigan Avenue GENERAL INFORMATION APPLICANT: Erich Buchner 1350 Cove Ct. Okemos, MI 48864 STATUS OF APPLICANT: Owner REQUESTED ACTION: Class A Nonconforming Status EXISTING LAND USE: Four-unit house EXISTING ZONING: "F-1" Commercial PROPOSED ZONING: No Change PROPERTY SIZE & SHAPE: 33' x 99' = 3,267 sq. ft. SURROUNDING LAND USE: N: Church S: Residential E: Vacant house W: Professional Office SURROUNDING ZONING: S: "DM,3Commeec nt all l E: "F-1" Commercial W: "F-1" Commercial MASTER PLAN DESIGNATION: The Northeast Area Comprehensive Plan designates this area for commercial. SPECIFIC INFORMATION DEVELOPER'S PROPOSAL: The applicant is proposing to rehabilitate and convert a fire damaged, four-unit nonconforming structure to two-unit with two bedrooms each. The property is zoned "F-1" Commercial. As a nonconforming use, fire repair is limited to 50 percent of the value of the structure. Because the estimated value of the rehabilitation work NCU 3 97, 1508E Michigan Avenue, Page 2. exceeds this limit, Section 1294 of the Zoning Code requires approval by the Planning Board for the repair work. AGENCY RESPONSES AMERITECH: No response received yet. Assessor: No comments. BWL: Electric Uti ity The Electric Customer Projects and Marketing Department does not have an objection to this request. Owner will need to submit electric plan(s)when finalized. Water Utility Water Technical Support/Distribution Building Safety: A building permit will be required for the repair and conversion of the building. City Attorney: No response received yet. Lansing Neighborhood Council: No response received yet. Media One: No concerns at this time. Development: No comment. Not a CDBG project at this time. Fire Marshal: No objections to this plan. Parks and Rec.: No response received yet. Public Service: No comment. Trans. Engr.: It is my understanding that the proposed use will be less intense than the existing (historical) use. Therefore, the Transportation Division is supportive of the request to establish a non-conforming Class A use. Prepared by DMW 10/97 Page 3. NCU 3 97, 1508E Michigan Avenue, Eastside Neighborhood No response received yet. Organization: P.L.A.C.E.: Neighborhood applauds Mr. Buchner's efforts to restore the housing stock. Currently, parking and traffic are not a neighborhood problem. Please keep us appraised of developments. ANALYM Section 1294.04(d) of the Zoning Code sets forth the criteria for evaluating Class A status proposals. These include: 1. Non-residential uses have direct access to a non- local street; 2. No more pollution generated than would be generally associated with uses in that zoning district; 3. Parking requirements are met. Backaround The house was built in 1914. In 1942,structure was ponverted erty was placed four (4) family Commercial District. In 1952, the there are dwelling unit on a lot containing 3,267 sq. ft. According to the applicant, four accessible onsite parking spaces. The lot is very small (33' x 99') and is nonconforming due to lot area. Primarily though, the use is nonconforming in that residential land uses are only accessory in the "F-1" Commercial District. This property is used primarily as residential. Currently, there is an efficiency and three, one bedroom apartments. The applicant is proposing to rehabilitate the nonconforming structure and convert it to a two-unit with two bedrooms each. As a nonconforming use, fire damages are limited to 50 percent of the value of the structure. The value of the structure is $52,326 and the estimated value of the work is $59,500, which is 113% the value of the structure and exceeds the allowable limit. The property was last inspected as a rental in 1994 and would require an inspection. Grp + Ac-mess to a Non-residential Street This requirement does not apply since this is a residential use. Prepared by DMW 10/97 NCU 3 97, 1508E Michigan Avenue, Page 4. Pollution Impacts The use of the structure as a two-unit with two bedrooms will not have any adverse impacts on pollution or any other environmental factors. Parking Requirements are Met A two-unit, two bedroom house would require four parking spaces. The applicant indicated that there are four accessible on-site parking spaces. The site plan supports this information. Therefore, the parking requirements are not met. Other There have been, over time, several property owners. On October 31, 1994, a code violations letter was sent to Alfred Buchner, the property owner at that time, to correct several violations. As of February 7, 1995, no correction was made to the structure and he was summoned to court. Several counts of housing code violations were charged. Since that time the property has changed hands to the son, Erich Buchner, however, there are still some concerns about the cooperation of, and actual owner of this property. The property located at 1508 E. Michigan Avenue is a non-conforming four unit apartment. The proposed conversion would be an improvement over the existing situation. Because it is a non-conforming use, and has not loss its non-conforming status, it can continue to be used as such. Since it is non-conforming, the amount of repairs is limited to a specific percentage of the value of the structure. In this particular situation, the property was fire damaged and is limited to 50% the value of the structure. If these repairs were less than fifty percent, the applicant could obtain a building permit. The applicant is proposing The lot is very small and a single from four to two, which would be an improvement. family dwelling unit would be ideal but the structures' size and layout is no so conducive to this. Since the property has been used in the past as a four unit, the applicant, could by right, continue its use. The Planning Department makes every effort to have properties in compliance with the Zoning Code. SUMMABY The proposal would be a definite improvement over the existing situation. Accessibility and parking would be acceptable and adequate. The proposed fire damaged repairs and renovations would require a building permit and inspections. Prepared by DMW 10/97 NCU-3-97, 1508 E. Michigan Avenue, Page 5. RECOMMENDATION Staff recommends approval of the Class A status for 1508 E. Michigan Avenue to rehabilitate a four-unit structure into a two unit with two bedrooms with the following conditions: ♦ The work to rehabilitate the structure be completed by May 1, 1998 (approx. 6 months) ♦ The property be inspected and approved as required by the Building and Housing Codes prior to reoccupancy of the building Prepared by DMW 10/97 WE TREAT YOU Ei THE YEAR 0 BUILDERS LUMBER Ar SERVING TILE COMMUNITY SINCE 1908 PORTLAND, MICHIGAN • PHONE 517 647.4131 SO 9/10197 Mr. Erich Buchner 1350 Core Court Okemos, MI 48864 517-347-0422 RE: FIRE DAMAGE TO RENTAL UNITS LOCATED AT 1508 EAST MICHIGAN AVENUE, LANSING Mr. Buchner, Upon inspection of the Fire Damage to the rental units located at 1508 East Michigan Avenue, Lansing, Michigan. The proposed estimate of'the clean up and repair of the structure will be $59,500.00. This figure should put the rental units back in operation. If there are any further question in regards to this matter please feel free to contact me at my office. Thankyou, c�- \ Kobert C. Jones, Pre 'dent BUILDERS LUMBER& S PLY CO. Imb zMM: NC1-3-97, 1508 E. MiehiggM NORTH Class A Nonconforming Status CONCRETE Ji GRAVF t. `ASI'IIAI f 4 _ Z LOT 3 DRIVEWAY EASEMtPI r — 20' LIBER 1417 PAGE 201 Ol Q� [Y_ 21.ti' ZN.f>' 1 IUUSF CONCRETE ,... DRIVE '. l R33' d R33' TO LATHROP ST. SIDEWALK - c E. MtC1iMAN AVE. F z==: NCU-3-97, 1508 E. Michigan Class A Nonconforming Status NORTH lJ 24 PARKIN `� � 30 34 a 11 22 W �- 34 2b 00 /9 28 U PARKING W WALL RESSURRECTION PARKING -66 4RKING 32 G� G� 30 8525 u�µ_3 • E /o851.7 SCHOOL 851.8 850.8 MICHIGAN esi.o AVf I�fSL � lSL� Iso�/ ISd� /�lo /7 F M1521 n29 30 3/ /6 ' 3 --7 33 PARKING C, , „ Z �.FtAR GIG: 23 29 E.. 2/ 33 27 Q 3/ 22 3/ 30 20 849.5 u 850.4 ED 34 26 24 26 2/ 844.4 33 I ❑ g5� 26 20 a 2/ � �J aA6 /8 27 2/ 26 a 29 30 3/ D a 29 27 a I 27 ❑ 22 25 26 4 S T I 849.7 23 u 20 ❑ 3/ ❑ 26 29 22 24 28 ED 2j ^ 2B , 29 B52.9 F-1 Z-19-97 "F" Commercial District to "G-2" Wholesale District GENERAL INFORMATION APPLICANT/OWNER: Jeffrey E. Poorman/E. F. Solomon 4000 N. Grand River Ave. Lansing, MI 48906 LOCATION: Northwest Corner of Aurelius Road and Cavanaugh Road (see Figure 1, Area Map) REQUESTED ACTION: Rezoning from "F" Commercial District to "G-2" Wholesale District EXISTING LAND USE: Vacant EXISTING ZONING: "F" Commercial District PROPERTY SIZE & SHAPE: 363' x 327' - 2.6 acres SURROUNDING LAND USE: N: Multi-family residential S: Institutional and Single Family Residential E: Commercial and Single Family Residential W: Single Family Residential SURROUNDING ZONING: N: "DM-1" Residential S: "A" Residential, "J" Parking E: "F" Commercial, "J" Parking W: "A" Residential MASTER PLAN DESIGNATION: The Southeast Area Comprehensive Plan, designates the subject property for commercial use. Aurelius Road is classified as a minor arterial street, and Cavanaugh Road is classified as a collector street. CASE HISTORY: Annexation: The property was annexed into the City of Lansing in 1962 as part of the "Forest Road" annexation. Zoning: The property was formerly zoned "A" Residential District. The subject property is part of a larger parcel that was rezoned to "F" Commercial District in 1975 (case no. Z-44-75, Ordinance #1783). In 1988, the portion of the original parcel that is now page 2 Z-19-97 "V Commercial District to "G-2" Wholesale District the Hamilton Condos was rezoned from "F" Commercial District to "DM-1" Residential District (case no. Z-32-86, Ordinance #2285). Ownership: A survey of records from the City Assessor's office indicates that the property was acquired by the current owner in 1979. APPLICANT'S PROPOSAL: The applicant is proposing to construct 30,000 to 40,000 square feet of self storage warehouse space. AGENCY RESPONSES: AMERITECH TELEPHONE: No response received. BOARD OF WATER AND LIGHT: The Electric Customer and Marketing Department does not have an objection to this request. Any new building will require a site plan submitted. Water Technical Support/Distribution - Can serve site with domestic and fire system. Aurelius Road is currently under reconstruction. Need service requirements and site plan. BUILDING SAFETY: No response received. CITIZEN PARTICIPATION GROUP: No response received. CONSUMERS POWER COMPANY: No response received. DELHI TWP: No response received. INGHAM CO. DRAIN COMMISSION: No response received. MI D.E.Q.: No objections or info that would raise concerns. MI DEPT. NATURAL RESOURCES: No response received. PARKS AND RECREATION: Resident/Condo & warehouse don't mix well. Perhaps a better location for such a facility be sought. page 3 Z-19-97 "F" Commercial District to "G-2" Wholesale District PUBLIC SERVICES : A site plan will be required prior to any construction. Public Service has no comment for the rezoning of this parcel. TRANSPORTATION: The Transportation Division supports the rezoning request. Site circulation and access/egress issues can be resolved during the plan review process. ANALYSIS An analysis of this request warrants examination of the different land uses permitted in the "F" Commercial District and "G-2" Wholesale District. Both zoning districts have many similarities in terms of the permitted uses. Examples of uses that are inclusive to both zones are a convenience store, restaurant, bar or tavern; post office, public park, motor vehicle service station, on-premises sign, off-street parking facility, office uses, banks, comparison retail stores, a private club, a sales lot (car, equipment, etc), and a theater/hall. By comparison, the "G-2" Wholesale District permits storage warehouses, wholesale businesses, a public garage, motor vehicle repair shops, and educational facilities. One difference between the two zoning districts ("F" & "G-2") that may require clarification is the difference between a motor vehicle service station and a motor vehicle repair station: 1. Motor vehicle service station. "Motor vehicle service station" means any lot used for supplying gasoline, oil and minor accessories at retail directly to the customer and which performs minor repairs. "Minor repairs" means: engine tune up, alternator or generator replacement, rustproofing, battery replacement, fan belt replacement, radiator hose replacement, radiator repair or replacement, tire repair or replacement, wheel balancing, muffler and exhaust system replacement or front end alignment. 2. Motor vehicle repair station. "Motor vehicle repair station" means any lot on which minor repairs, described in [the above paragraph] (96) hereof, are performed and, in addition, any of the following are performed: bumping, painting, replacement of body parts, engine repair other than normal tune-up repair, engine replacement, replacement of transmission or internal transmission parts or repair remaking. The "F" zoning district permits motor vehicle service, while the "G-2" zone permits with conditions, motor vehicle repair, which typically has longer term outdoor storage associated with it. page 4 Z-19-97 "F" Commercial District to "G-2" Wholesale District In addition, a Storage Yard is defined as: Storage yard. "Storage yard," in an A Residential District to a G-1 Business District, means a lot used for the holding of any type of product, which product is not reasonably associated with the principal use itself. "Storage yard," in a "G-2" Wholesale District, "H" Light Industrial District or "I"Heavy Industrial District, means a lot used for the holding, in the open, of any type of product, subject to the following conditions: The product is not junk, unless the junk is associated with the normal functioning of the principal use. The lot is not used as a salvage yard. The product is not normally used in the functioning of the principal use. The potential impact of the proposed zone change is discussed below. COMPATIBILITY WITH SURROUNDING LAND USE The proposed use of self storage warehouse space is potentially compatible with the adjacent condominium development and with other residential land uses. There is a large concentration of condominium housing development in the vicinity (the adjacent Hamilton Condos) in addition to developments on Provincial House Drive and Greenwich Court. In addition, the Trapper's Cove Apartments are less than one mile east on Cavanaugh Road. The attractiveness of the subject property for a small self- storage facility is apparent. If properly designed and adequately landscaped, screened, and buffered from adjacent residential uses, the proposed self storage warehouse could be compatible with, and even complementary to, the surrounding land use. However, the proposed "G-2" zone permits many other uses that would not be compatible with surrounding land uses, and could even be significantly more incompatible than uses permitted by the current "F" Commercial zoning district. Examples of incompatible uses include a warehouse with truck dock facilities and truck traffic, or a motor vehicle repair facility such as a body shop with associated outdoor storage of wrecked vehicles. COMPLIANCE WITH MASTER PLAN The proposed zone change is not consistent with the Southeast Area Comprehensive Plan, which calls for commercial development of the northwest corner of Aurleius and Cavanaugh roads. Typically, warehouse uses are designated along with light industrial uses in the Comprehensive Plan. Staff believes the intent of the Plan was for the subject site to serve as a location for neighborhood shopping services. page 5 Z-19-97 "F" Commercial District to "G-2" Wholesale District IMPACT ON VEHICULAR AND PEDESTRIAN TRAFFIC It is difficult to directly assess the proposed development's impact on traffic. however, self storage facilities generate considerably less traffic than a variety of commercial establishments permitted by the current zoning. However, the potential for truck traffic at this location would be significantly less from traffic generated by a commercial use such as a restaurant or convenience store than from other uses potentially permitted by the "G-2" zoning district. ENVIRONMENTAL IMPACT The proposed self storage warehouse space would have no different environmental impact than most other commercial development of the site. Either type of development would typically create similar amounts of impervious surface (pavement and building coverage). However, the "G-2" Wholesale District would permit development of a motor vehicle repair business establishment which potentially has a more significant environmental impact due to noise, odors, and appearance, than the present zoning would permit. IMPACT ON FUTURE PATTERNS OF DEVELOPMENT Approval of this project should not have a significant impact on future development patterns as surrounding properties are all slated for future residential land use. OTHER Residents of the adjacent condominium development have filed a valid protest petition pursuant to Section 1240.04(h) of the Zoning Code. SUMMARY The applicant is requesting a zoning map amendment from "F" Commercial District to "G-2" Wholesale District to permit construction of a self storage warehouses. The property is located at the northwest corner of Aurelius Road and Cavanaugh Road. The proposal is not consistent with the Southeast Area Comprehensive Plan, which calls for commercial development. RECOMMENDATION Staff recommends denial Respectfully Submitted, Jim Sturdevant, AICP Senior Planner Z-19-97.FE 0 p 4 � � . o ■ Z-20-97 1110 W. Allegan: "F" Com.to "C" Res. GENERAL INFORMATION APPLICANT: Almus Thorpe Greater Lansing Housing Coalition 1017 W. Lapeer Lansing, MI 48915 STATUS OF APPLICANT: Owner REQUESTED ACTION: Rezone property EXISTING LAND USE: Single Family Residential EXISTING ZONING: "F" Commercial District PROPOSED ZONING: "C" Residential PROPERTY SIZE & SHAPE: 42' X 84' = 3,528 square feet SURROUNDING LAND USE: N: Vacant land S. Single Family Res. & Vacant commercial land E: Commercial W: Single Family Residential SURROUNDING ZONING: N: "F" Commercial S: "B" Res. & "F" Com. E: "F" Commercial W: "F" Commercial MASTER PLAN DESIGNATION: The River Island Comprehensive Plan identifies this area for low density residential use (up to 6 units per acre). SPECIFIC INFORMATION DEVELOPER'S PROPOSAL: Applicant proposes to bring the zoning of the property into conformance with the existing use. Restoration costs to this nonconforming property are currently restricted to 35% of the fair market value of the structure which would be $11,895. (The appraised value of the structure is $33,988). The G.L.H.C. proposes to substantially rehab the structure for home ownership. AGENCY RESPONSES: AMERITECH: (No comments received yet.) Assessor: No comments. Building Safety: No objection. Board of Water & Light Electric Utility: The Electric Customer Projects and Marketing does not have a conflict with this request. Contact Person: Ed Suniga 371-6092. Water Utility: Water Tech. Support/Distribution- No comments on rezone. Contact Person: Terry Robison 371- 6494. Consumers Energy: (No comments received yet.) Development: Recommend approval. The project will in part be financed by funds provided by the City. Fire Marshall: No objection to this plan. Media One: Media One has no concerns with this rezoning at this time. Parks & Rec: No comment. Public Service: Public Service has no comments. Trans. Engineer: Residential use should be less intensive than commercial use. There are no specific requirements or recommendations for using this property from the Transportation Division. Z-20-97 Page 3 1110 W. Allegan: "F" Commercial to "C" Residential ANALYSIS BACKGROUND This request by Almus Thorpe of the Greater Lansing Housing Coalition (G.L.H.C.) is to rezone property at 1110 W. Allegan from "F" Commercial to "C" Residential District. Since residential use is permitted in the "F" Commercial district as an accessory use only, and not as the primary use, this property maintains a Class "B" nonconforming status. A rezoning to "C" Residential will eliminate the nonconforming status and allow the G.L.H.C. to completely rehabilitate the structure and sell it to a homeowner. COMPATIBILITY WITH SURROUNDING LAND USE The subject property is located on the eastern edge of a residential neighborhood with single family homes to the south, east and west. The rezoning would bring the zoning of the property into conformance with how it has always been used. The area is predominantly zoned residentially with some commercially zoned properties clustered at the M.L.King Blvd/Allegan intersection. Commercially zoned properties along the east side of King Blvd., as shown in the attached map, however, were acquired by M.D.O.T. to widen the King Blvd. right-of-way. The business at 1100 W. Allegan is zoned commercially but is nonconforming due to limited parking and it not meeting setback requirements. The City has not received any plans for the expansion of this business. COMPLIANCE WITH MASTER PLAN The properties in this area were zoned commercially as early as 1942 when the City adopted its first zoning ordinance. The house was built in 1908 and has been used residentially for the past 89 years. The River Island Comprehensive Plan identifies this area for low density residential use (up to 6 units per acre) with no commercial land use identified along this section of Martin Luther King, Jr. Blvd. A landscape buffer along the west side of the Blvd. is shown in the plan followed by low density residential for future land use. The Comprehensive Plan of 1958 also showed the area along the west side of (Logan) King Blvd. as residential. IMPACT ON VEHICULAR AND PEDESTRIAN TRAFFIC The two spaces required for this single family home are provided in the driveway. Z-20-97 Page 4 1110 W. Allegan: "F" Commercial to "C" Residential which lies alongside the adjacent property's driveway. This is not a joint driveway. Therefore, no negative impact on vehicular and pedestrian traffic is anticipated. ENVIRONMENTAL IMPACT No negative impact on the environment is expected from this rezoning. The applicant proposes to substantially rehabilitate the structure as a single family home and then sell it to a homeowner which will be an improvement to the area. IMPACT ON FUTURE PATTERNS OF DEVELOPMENT The subject property is located in an area that is zoned "F" Commercial. By downzoning it to the "C" Residential district, any assemblage of properties for commercial development will become more limited. The property measures 42' X 84' and is 3,528 square feet in size. The proposed district potentially allows for two family homes if the minimum lot area requirement is met. In this case, the lot could only accommodate a single family home. No second unit could be created in the structure unless additional lot area were added to the subject lot. SUMMARY The proposal to substantially rehabilitate the subject property for homeownership is in compliance with the River Island Comprehensive Plan and fulfills the goals of the City for increased rehabilitation and homeownership. No negative impacts are anticipated from this proposal. RECOMMENDATION Staff recommends the property at 1110 W. Allegan be rezoned from "F" Commercial to "C" Residential district. c:\wp\z2097.djw LOW DENSITY RESIDENTIAL(UP TO 6 UNITS PER ACRE) MODERATE DENSITY RESIDENTIAL(6-20 UNITS PER ACRE) MEDIUM DENSITY RESIDENTIAL(20-50 UNITS PER ACRE) ON] HIGH DENSITY RESIDENTIAL(OVER 50 UNITS PER ACRE) - - - - COLLECTOR STREET COMMUNITY FACILITY MINOR ARTERIAL PROFESSIONAL OFFICE MAJOR ARTERIAL GOVERNMENT OFFICE PARK AND OPEN SPACE COMMERCIAUSUSINESS INDUSTRIAL PARKING 4 HOD 0 0 LI' 7., 11[[1]0000a� �aa OT El �aa1 �a �aa����aa aoo�0000 �r Qo�� as a a a a o . ......... . .... f9mZ11 El a oa o� as 11 .... .... oa aEE11- Li La Em 0aoa � a�a�� F� a a f� : - 1Y. F1, m in Ea o QadEl ......... ;ax . ........... .............. ...... ....... River Island Area (omprehonsive Plan PROPOSED LAND USE TO 1990 LANSING PLANNING DEPT. OCT38 i• IVA �► Z-22-97 1100 Block of E. Miller "A" Residential to "G-2" Wholesale District GENERAL INFORMATION APPLICANT: Snethkamp Properties, L.L.C. 6131 S. Pennsylvania Lansing, MI 48911 STATUS OF APPLICANT: Owner REQUESTED ACTION: Rezoning EXISTING LAND USE: Vacant land EXISTING ZONING: "A" Residential PROPOSED ZONING: "G-2" Wholesale District PROPERTY SIZE & SHAPE: 114.5' x 330' = 37,785 sq. ft. SURROUNDING LAND USE: N: Offices/Wholesale S: Industrial Uses/Motel E: Residential W: Residential SURROUNDING ZONING: N: "G-2" Wholesale S: "G-2" Wholesale E: "A" Residential W: "A" Residential MASTER PLAN DESIGNATION: The Southeast Area Comprehensive Plan recognizes this area for warehouse use. SPECIFIC INFORMATION DEVELOPER'S PROPOSAL: The applicant is proposing to rezone vacant property in the 1100 Blk of E. Miller Road on the south side of the road from "A" Residential to "G-2" Wholesale. The business is growing and there is no room for expansion on the existing parcel. The applicant is proposing to include an access road to a paved parking area and a storage building. Z-22-97, 1100 Block of E. Miller Road, Page 2. BACKGROUND: AGENCY RESPONSES: AMERITECH: No response received yet. Assessor: No comment. BWL: Electric Utility The Electric Customer Projects and Marketing Department does not have any objection to this request. Water Uti fty Water Technical Support/Distribution - Domestic and fire service available. Need current service request and site plan. Building Safety: Development of the site may require Site Plan Review approval. Contact Christine Segerlind, Chief Plan Analyst, for additional information. Consumers Power: No response received yet Media One: No concerns at this time. Development: No comment. Fire Marshal: No objection to this plan. Parks & Rec.: Are residential on either side to be changed? If so, we have no reservations. Public Service: No objection to the zoning change. A site plan is required prior to any work on the site. Trans. Eng. The rezoning of this property will only have a minimal impact on traffic flow on Miller Road if a wholesale development were to occur in the future. The present concern would be the potential use of Miller Road and Ramada Drive for site circulation purposes by the existing dealership. A site plan should be provided for Report Prepared by DMW 10/97. Z-22-97, 1100 Block of E. Miller Road, Page 3. immediate review prior to consideration of this rezoning request. ANALYSIS COMPATIBILITY WITH SURROUNDING LAND USE The surrounding zoning in this area consists of low density residential zoning to the east and west of the subject property and industrial, office and wholesale to the north and south. The subject property is located in the 1100 block of E. Miller Road on the south side of the street. There is a mix of office, commercial and residential land uses. The applicant is proposing to rezone this vacant land from "A" Residential to "G-2"Wholesale to accommodate the expansion of the business, Snethkamp Properties. According to the applicant, the planned use is to include an access road to a paved parking area and a storage building. The storage building would be for special cars, tools and other items. Ideally, the applicant was trying to buy the property (1110 E. Miller Road) contiguous to his property, without much success. The next possible and more realistic location was the vacant lot between 1110 and 1132 E. Miller Road. The rezoning of this property to the "G-2" Wholesale District is compatible with the majority of existing uses, but can conflict with the two abutting residential uses. Landscape Buffer appropriate with the development is essential based upon the existing situation. COMPLIANCE WITH MASTER PLAN The Southeast Area Comprehensive Plan recognizes this area for warehouse use. There is a storm drain just east of 1132 E. Miller which provides a natural divider between the designated warehouse use for the land west of the drain and residential use east of the drain. Essentially, this rezoning, if approved, commits the city to the nonresidential rezoning of at least 1110 E. Miller at some time in the future. IMPACT ON VEHICULAR AND PEDESTRIAN TRAFFIC Miller Road is considered a collector street and there is a potential for a minor increase in vehicular traffic because the "G-2" Wholesale District is more intense than the present zoning which allows low density residential. According to the applicant, the future use of the Ramada Drive parcel may include a body shop and parking for customer's cars. The access to Miller Road may also serve as an improvement to the traffic flow. The access drive could be used to access the property on Ramada Drive, allowing for a much safer entry to S. Pennsylvania at the light at Miller. No sidewalk exists presently, therefore with the development of Report Prepared by DMW 10/97. Z-22-97, 1100 Block of E. Miller Road, Page 4. this site, a sidewalk should be installed in order to incrementally improve pedestrian circulation as redevelopment occurs. ENVIRONMENTAL IMPACT There will be no significant environmental impacts. PUBLIC SERVICE IMPACT There will be no significant impact on public services IMPACT ON FUTURE PATTERN OF DEVELOPMENT The rezoning of this vacant parcel should have no adverse impact on any future pattern of development except as stated above. The Southeast Area Comprehensive Plan recognizes this area for wholesale use. OTHER As of 9/4/97, the owners at the time, Hazel, Doyle and Dale Larner, supported the petition to rezone the property from "A" Residential to "G-2" Wholesale District. Since that time, Snethkamp Properties, LLC now owns the subject parcel. SUMMARY The rezoning of this property to the "G-2" Wholesale District would be compatible with the existing nonresidential uses and an appropriate landscape buffer to reasonably buffer the abutting homes from the development of the site is necessary. The Southeast Area Comprehensive Plan recognizes this area for warehouse use. Therefore, the rezoning is consistent with the Master Plan. There is a potential for a minor increase in vehicular traffic and no impact on pedestrian traffic. There should be no impacts on the environment, public service or future patterns of development with exceptions to the future zoning of 1110 E. Miller Road. RECOMMENDATION Staff recommends approval of the applicant's request to rezone vacant property in the 1100 Blk of E. Miller Road on the south side of the road from "A" Residential to "G-2" Wholesale. Report Prepared by DMW 10/97. �r,�-`V� � T�:z��:- �. �,-•t., _`'t ]�_•a.µ� -•v t- � --�_•a,,�. - �-•,•' :.r� �:�:.--�:,•^+ - .r.���µ�/' n7�rs+-F'•w��. ���:�-� �aa - ��gg �;._`�Ec�"•• ..• ucL;cr..,-s�ll+r � _ �'aP"i� .. `•s4; ,t ''' 1�`�a3 yet q7,� N5 ML •.__ r�_ 1 �� e N i k c .} ir7 , } y'�y r _ � � : .die -}�Ik• '1 � ��Ati�':�,..r�'i,�:1 1 ,�•�,� ' Q3�°i y Z3 ,�- �"f '1�.' 'G` �f`d'',1. } �'- � �•'iY �}',. -R A �Tim_ +L, � � CEl��.L� � •:7 r,y,,�v,.- `; '�• •v '�'(�,�;.^.,,f���1 b,:�Q 1,,7 yr' �'t f. : . } J•lt�.� K� L 'tied •,' �1 .. - .I"•' Lg'I .� _,!'hie}l_.."1;� ��^x._� �' �0 � /l' ��,-. , � �•. � •l�.�-', �� ��1 n•. 1 \j- t F�. �����_ �• /'.t may, .�, 'f'.•� .�„ RrT6 r•' ! �1 s� 5 �' y 'h� • l , , r�rc' 1� ' .v 1 ! YkA Y `, �. .,,s. r ! ]-t'•,:�•.�`��iiyy �'.G�iX ^:S�' � ,yzy�jj,��s.F'�I M�' ,,S, `j+.J 1 um FUTUM PKIYE 0. r� '�� �r ..`�`«�.i;Ix r',�.�j'�i.\ �•µpry ' ;�, r., �!�',1� � •. `, �{r � 1 .. 1 1 � � � vy, � p ire• � � •ter, ,. •!� .- `. \ / rr�.-.. - ^mot_ "`,`, �a.a ;- Z-22-97 Vacant Land 1100 Blk E. Miller (S Side) NORTH "A" Residential to "G-2" Wholesale District 8T/A era io . 74 PARKING Q J �:7 ec74 I NPARKING t I - 667.5• RD 1`�lille� .96T.6111A2.P f860 67.4 866.5 re B62 g tt Kl "F C01ulEQ'UALJ 62. e f 867.0 865.5 60 v i _7 is rr I 867.7 6665 RAMADA DR l 865.4 B67.0 \ rt I6 Regular Meeting LANSING PLANNING BOARD 7 p.m.,Tenth Floor City Council Chambers, Lansing City Hall 4;0 Tuesday, October 21, 1997 AGENDA 1. OPENING SESSION in City Council Chambers at 7 p.m. A. Roll Call B. Excused Absences C. Introductions 2. APPROVAL OF AGENDA 3. COMMUNICATIONS A. 4. HEARINGS - None. 5. COMMENTS FROM THE AUDIENCE (5 minutes each) 6. RECESS 7. BUSINESS SESSION A. Minutes for Approval: Minutes for October 7, 1997 not available. B. Committee of the Whole C. Committee Reports - 1. Committee of the Whole 2. Zoning and Ordinance Committee a. NCU-2-97, 801 N. Capitol, Class A Status on NCU Building b. NCU-3-97, 1508 E. Michigan, Class A Status C. Z-19-97, N.W. Cor. Cavanaugh & Aurelius, "F" Commercial to "G-2" Wholesale District d. Z-20-97, 1110 W. Allegan St., "F" Commercial to "C" Residential District e. Z-22-97, Vacant Land 1100 Blk. E. Miller (S. Side), "A" Residential to "G-2" Wholesale District f. Z-15-97, 2605 Taylor St., "H" Light Industrial District to "I" Heavy Industrial District Next meeting Wednesday, November 12, 1997 at 4 p.m., Department Conference Room, 316 N. Capitol Avenue 3. Urban Development Committee (a) Next meeting Tuesday, October 28, 1997 at 4 p.m., Department Conference Room, 316 N. Capitol Avenue DRAFT TO CLERK 103197 APPROVED 09-97 DRAFT TO CLERK 49_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, October 21, 1997 1. OPENING SESSION A. Roll Call: Present: Frederick, Goolsby, Greiner, Keene, Miller, Nischan, Ruge, Smith; eight members present. Ex offcio councilmembers Lilly, Allen; not in attendance. B. Excused Absences - None. C. Introductions: Eleanor Love, Planning Manager, Introduced staff present, James A. Ruff, Zoning Administrator; and Louise H. Christian, recording secretary. 2. APPROVAL OF AGENDA - Urban Development Committee meeting is October 28, 1997; Z-19-97 is pending under Zoning and Ordinance Committee. Corrected agenda distributed; approved as printed. 3. COMMUNICATIONS - None. 4. HEARINGS - None. 5. COMMENTS FROM THE AUDIENCE (five minutes each) ANTONIA MARIE MIERNIK, 629 W. LAPEER, representing the Greater Lansing Housing Coalition on behalf of Z-20-97, 1110 W. Allegan St., "F" Commercial to "C" Residential District. The zoning change is being requested so that the GLHC can purchase the property, rehab it and sell it for homeowner-occupied housing for low to moderate income families. This rezoning would make it consistent with the Master Plan for this area. The structure is a residence, always used residentially. Other than the properties to the immediate east, all are zoned residentially. This is a three-bedroom two-bath property with two parking places, dining room, kitchen, bath and study/den downstairs. It would make a significant impact in one of our target areas. RICHARD GAMBER, 1213 W. SHIAWASSEE, representing Greater Lansing Housing Coalition and for three years Vice Chair of Housing Committee, West Side Neighborhood Association. We take the worst houses in any block, rehab them in depth, weatherize them, install new mechanicals with moneys from the City, which holds us to a very high standard. The homeowner will not have major repairs for ten years. We receive certain funds from the City that allow us to do more rehab work on the property than the property is worth. We may have PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 2 acquisition costs and rehab of, say, $55,000 and we may resell it for $40,000, because we have forgivable funds that allow us to do work that would not normally be economical. We take properties that have been rental properties, drug houses, or abandoned, take them down to the studs, and put them back together. (Distributed photo board of rehabilitated houses.) We are trying to put money back into the neighborhood to prompt a renaissance in that area. This is a property we have identified that would make a significant impact on the neighborhood. We believe residential is a reasonable use of the property. It is consistent with the Master Plan, and a big improvement in the neighborhood. I don't think the neighborhood would be improved, in spite of the fact that it is zoned commercial, if it became commercial. City policy is to encourage home ownership. That is what we do, take rental properties and turn them into home- owner properties. With your help, we can continue to do this. Mr. Ruge said he was concerned about the curb appeal of porches. Ms. Miernik said they have improved porch appearance 1,000 percent and also streetscape. Mr. Gamber said they have gone back and landscaped houses previously sold. 6. RECESS - None. 7. BUSINESS SESSION A. Minutes for Approval: Minutes for October 7, 1997 not available. B. Committee of the Whole C. Committee Reports 1. Committee of the Whole. 2. Zoning and Ordinance Committee, Mr. Goolsby, Chair. At the meeting on October 15, Mr. Goolsby was elected Chairman, and Mr. Frederick was elected Vice Chairman for the coming year. a. NCU-2-97, 801 N. Capitol, Class A Status on NCU Building The property is zoned "D-1" Professional Office, which allows residential development up to the "DM-1" Residential density. The property is nonconforming since it does not contain the minimum lot area of 10,400 square feet for the four 1-bedroom units and since the building does not meet the minimum setback requirements for the district. The property therefore currently maintains a Group 3 Class B Nonconforming Status which restricts the cumulative and PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 3 total restoration of the property to no more than 35 percent of the fair market value of the structure. The property is being sold and the financial institution is not willing to finance the purchase without greater repair flexibility in the event of damage to the structure. Section 1294.04(d) sets forth the criteria for evaluating Class A status proposals. The proposed expansion of the nonconforming single family home will not create any traffic, pollution, or parking problems for the area in which it is located. The committee, based upon testimony and evidence, concurred with the staff report and found that it appears the four-unit apartment building had been constructed and used as a four-unit apartment building and will likely continue to be used as such. Further, the property has been well- maintained and has not adversely affected the adjacent land uses. In committee, it was moved, seconded and carried unanimously (4-0) to recommend approval of NCU-2-97, 801 N. Capitol, Class A Status for the four 1-bedroom-unit apartment building. Mr. Goolsby 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 approve NCU-2-97, 801 N. Capitol, Class A Status on NCU Building. Mr. Ruff said regarding the word "expansion" in the staff report, the property is not being expanded. It is strictly Class A status, to remain as is, as a four-unit. Mr. Ruge asked could they expand this property by one apartment? Mr. Ruff said no, as a nonconformity, it does not have the lot area. Originally, it was set up for a fifth unit in the basement; however, it was never finished. If they came in for a building permit to finish it, we could not approve it without another Class A status. Also, they would not have parking to support that. The small site is balanced with four 1-bedroom units. Frederick —-_- . Ave Goolsby . Ave Greiner. . . Ave Keene. . .Aye Miller . . Aye Nischan. . . Aye Smith Ave Ruge Aye On a roll call vote, there were: Ayes: 8; Nays; 0; carried; unanimous; NCU-2-97, 801 N. Capitol, Class A Status on NCU Building, was APPROVED. PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 4 b. NCU-3-97, 1508 E. Michigan, Class A Status The applicant is proposing to rehabilitate and convert a fire- damaged, four-unit nonconforming structure to a two-unit with two bedrooms each. The property is zoned "F-1" Commercial. As a nonconforming use, fire repair is limited to 50 percent of the value of the structure. Because the estimated value of the rehabilitation work exceeds this limit, Section 1294 of the Zoning Code requires approval by the Planning Board for the repair work. Section 1294.04(d) sets forth the criteria for evaluating Class A status proposals. The proposal would be a definite improvement over the existing situation. Accessibility and parking would be acceptable and adequate. The proposed fire damage repairs and renovations would require a building permit and inspections. The committee, based upon testimony and evidence, concurred with the staff report and found that it appears the repair of the structure and reduction of density as a two-unit building will be an improvement to the property and the area. In committee, It was moved, seconded, and carried unanimously (4-0) to recommend approval of NCU-3-97, 1508 E. Michigan, Class A Status for the conversion and rehabilitation of the fire damaged four-unit into a two 2-bedroom dwelling with the following conditions as outlined in the staff report: 1. The work to rehabilitate the structure be completed by May 1, 1998 (approx. 6 months); and 2. The property be inspected and approved as required by the Building and Housing Codes prior to re- occupancy of the building. Mr. Goolsby made a motion, seconded by Mr. Frederick, based on testimony, evidence, and the staff report, a copy of which is attached hereto and made a copy thereof, to approve NCU-3-97, 1508 E. Michigan, Class A Status, with two conditions. PLANNING BOARD ACTION on the motion was as follows. Mr. Nischan said the Master Plan and zoning call for the building to be commercial; PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGES what is the reason for supporting residential use? Mr. Goolsby said the building has been used residentially for a period of time. This would be a continuation of that usage, but at a lower density than before the fire damage. Mr. Ruff said, considering the block face, some of the existing commercial is conversion of single-family homes. The block face has a residential look. There is a residence next door. We thought reduction from a 4-unit to a 2-unit was appropriate while in residential use. That is also the desire of the applicant. Mr. Greiner said this is the best we can do at this point. Mr. Ruge asked abut the May 1 deadline; is the Class A status revoked if it is not completed? Mr. Ruff said they could request an extension, or at the discretion of the Board, if it-is delayed, it could be revoked. Ms. Love said the Zoning Code, under the revocation section of Class A, calls for a vote of the Board to revoke. It is not automatic. Mr. Greiner asked if there is a way the Board could be notified, rather than having to remember the status. Ms. Love said we are working on developing a computerized system that will red-flag such cases. Mr. Ruff said we will be supplying information when we finish the chart of zoning actions. Ms. Keene asked if the applicant indicated how long it would take. Mr. Ruff said they have a contractor and we believe they are ready to roll, just waiting for Board approval and a building permit. The Buchners are here for questions you may have. Ms. Keene asked Mr. Buchner the anticipated time to completion. ERICH BUCHNER. I believe May 1 should not be a problem. We anticipate being done before then. I could come in a month before to give you an update. About 1510 E. Michigan, which we boarded up, we have removed the boarding, done some siding work and other improvements to make it more attractive. Chairman Ruge said the Board would appreciate notification if the completion date is not met. Mr. Buchner said he would be happy to come in around April 1 and provide a progress report. Goolsby . Aye Greiner. .Aye Keene. . . Ave Miller . . . . . . . . . . . . . . . . . . . . . . . Ave Nischan Ave Smith Aye Frederick . Aye Ruge Aye On a roll call vote, there were: Ayes: 8; Nays; 0; unanimous; carried; NCU-3-97, 1508 E. Michigan, Class A Status was APPROVED. Mr. Ruff said, as a reminder to the Board, NCUs do not go to Council. Based on these actions, we would be able to issue appropriate permits for NCU-3-97 and give the Travenias their letter for financing. PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 6 C. Z-19-97, N.W. Cor. Cavanaugh &Aurelius, "F" Commercial to "G-2" Wholesale District This request to rezone property at the northwest corner of Cavanaugh and Aurelius Road from "F" Commercial District to "G-2" Wholesale District is tabled in the Zoning and Ordinance Committee. The concern is all the uses that could be allowed in the "G-2" Wholesale District. There is some feeling that the self-storage proposed may fit in the area with the appropriate screening and buffering; however, "G-2" Wholesale District opens it to uses that the committee is not comfortable with. The applicant requested us to hold this and look at other alternatives. The committee agreed, and asked staff to look at whether it would perhaps be appropriate to change the ordinance to include self-storage facilities into a different zone, or make them a special land use within a zone where we could put conditions on them. We anticipate there may be some other requests like this around the city. We informed Mr. Poorman this did not mean we were leaning one way or another, but rather that we felt we should see if there was another alternative. We may have a report from staff by the next Z&O meeting. TABLED. d. Z-20-97, 1110 W. Allegan St., "F" Commercial to "C" Residential District This request by the Greater Lansing Housing Coalition (G.L.H.C.) is to rezone property at 1110 W. Allegan from "F" Commercial to "C" Residential District. The proposal to substantially rehabilitate the subject property for home ownership is in compliance with the River Island Comprehensive Plan and fulfills the goals of the City for increased rehabilitation and home ownership. No negative impacts are anticipated from this proposal. The committee discussed the land use relationships, the master plan recommendations and the development of the buffer along Martin Luther King Jr. Boulevard. There was concern, on the part of the committee, that the house could become surrounded by a commercial development, as the current zoning allows, and then be neglected due to the poor situation. Yet, the committee, based upon testimony PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 7 and evidence, concurred with the staff report and found that this is another step for the advancement of the master plan in this area, and the rezoning will be compatible with the existing residential development that dominates the area. In committee, it was moved, seconded and carried unanimously (4-0) to recommend approval of Z-20-97, 1110 W. Allegan St. from "F" Commercial to "C" Residential District. Mr. Goolsby 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 Z-20-97, 1110 W. Allegan St., "F" Commercial to "C" Residential District. PLANNING BOARD ACTION on the motion was as follows. Keene. . . Abstain Miller . . Aye Nischan . . . . . . . . . . . . . . . . . . . . . . Aye Smith . Aye Frederick . . . . . . . . . . . . . . . . . . . . . Awe Goolsby . Aye Greiner. . . Aye Ruge. .Ave On a roll call vote, there were: Ayes: 7; Nays; 0; Abstentions: 1; carried; Z-20-97, 1110 W. Allegan St., "F" Commercial to "C" Residential District was recommended to be APPROVED. e. Z-22-97, Vacant Land 1100 Blk. E. Miller (S. Side), "A" Residential to "G-2" Wholesale District The applicant, Snethkamp Properties, L.L.C., 6131 S. Pennsylvania, Lansing, MI, 48911, is proposing to rezone vacant property in the 1100 Blk of E. Miller Road on the south side of the road from "A" Residential to "G-2" Wholesale. The business is growing, and there is no room for expansion on the existing parcel. The applicant is proposing to include an access road to a paved parking area and a storage building. The rezoning of this property to the "G-2" Wholesale District would be compatible with the existing nonresidential uses, and an appropriate landscape buffer to reasonably buffer the abutting homes from the development of the site PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 8 is necessary. At the meeting, the committee discussed the buffering with the applicant, and they are committed to it, and will work with staff to accomplish that. The Southeast Area Comprehensive Plan recognizes this area for warehouse use. Therefore, the rezoning is consistent with the Master Plan. There is a potential for a minor increase in vehicular traffic, but no impact on pedestrian traffic. There should be no impacts on the environment, public service or future patterns of development with exceptions to the future zoning of 1110 E. Miller Road. The committee, based upon testimony and evidence, concurred with the staff report and encouraged extensive screening and buffering in accordance with the code. In committee, It was moved, seconded, and carried unanimously (4-0) to recommend approval of Z-22-97, Vacant Land 1100 Blk. E. Miller (S. Side) from "A" Residential to "G-2" Wholesale District. Mr. Goolsby made a motion, seconded by Mr. Miller, 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-22-97, Vacant Land 1100 Blk. E. Miller (S. Side), "A" Residential to "G-2" Wholesale District. PLANNING BOARD ACTION on the motion was as follows. Mr. Nischan asked if the parcel fronting on Miller Road being rezoned is identified in the Comprehensive Plan as recommended for "G-2"? Mr. Ruff said yes; on the south side of Miller Road, the drain is the line between nonresidential warehouse development to the west, and residential development to the east. Mr. Frederick said the drain is a rather imposing barrier. It is not going to allow anything to creep over into the residential section. Mr. Smith asked about any responses received from residences to the east. Mr. Ruff said no responses have been received. Mr. Sturk, who is here tonight, has also tried to contact people to the east to get their input and has been unsuccessful. We did advertise, and mailed to that address. The people to the west volunteered to file for rezoning; we thought it unnecessary. PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 9 Miller. . . Aye lVischan . Aye Smith. . . Aye Frederick. . . Ave Goolsby . . Me Greiner . Ave Keene Aye Ruge. .Aye On a roll call vote, there were: Ayes: 8; Nays; 0; unanimous; carried; Z-22-97, Vacant Land 1100 Blk. E. Miller (S. Side), "A" Residential to "G-2" Wholesale District was recommended to be APPROVED. f. Z-15-97, 2605 Taylor St., "H" Light Industrial District to "I" Heavy Industrial District Mr. Gary Bauman, the applicant, came in to the Zoning and Ordinance Committee and supplied additional information for consideration. The information was received. Mr. Ruff requested that the committee leave this on the table so the staff may evaluate the information. The committee concurred, and Mr. Goolsby suggested that the public hearing information and reports be given to the new members for their review. TABLED. Next meeting Wednesday, November 12, 1997 at 4 p.m., Department Conference Room, 316 N. Capitol Avenue. 3. Urban Development Committee, Mr. Nischan, Chair. Next meeting Tuesday, October 28, 1997 at 4 p.m., Department Conference Room, 316 N. Capitol Avenue. 3. Executive Committee - has not met. C. Report from Planning Manager The City has been negotiating with the County to put a ten-field soccer complex on the 80 acres of the Aurelius Road landfill. DEQ has given approval. We are in the process of spending$1.5 million to install a gas venting system under the playing fields and putting in fill to level out the playing areas. This Thursday night at 7 p.m., Public Service Dept. and their representative, Camp, Dresser & McKee, who have also appeared before the Planning Board, will hold a public meeting at Forest View School for information purposes and to get neighborhood comment. After the meeting, the matter will go to City Council for final approval of the PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 10 contract between the City and the County for construction and operation of the complex. By putting additional fill over the cap, a better barrier will be created for additional environmental protection than exists on-site right now. The venting and maintenance of the environmental features will remain with the City; the County will maintain the fields. The City will be able to pick days and dates the facility will be available to Lansing soccer. The money for the venting and site clearance will be done with environmental bond money, so there will be no actual out-of-pocket cost to the City. By Spring 1999, the fields will be ready for use. The City Council has become interested in making billboard amendments to the existing code. They have sent us a copy of what they would like to do as sign code amendments. Mr. Ruff summarized, saying primarily there would be changes to location, and a cap on the number of billboards, 50; we have about 350 billboard faces now. For a sign company to put up a new sign in accordance with the new distance standards from residential, it would have to be farther from residential and intersections, and the sign company would have to take three nonconforming signs down. It would make most billboard signs in the City nonconforming. Alcohol and tobacco ads would have to be at least 1,000 ft. from a residential district, park, library, church, school, historic district or hospital. Mr. Smith asked about billboards mounted on trucks that can be parked anywhere. Mr. Ruff said if they are mobile units, they are not supposed to be parked. If they are on the street, we cannot regulate them; however, if they are parked on private property, then we can regulate them. Mr. Frederick asked about a unit being parked overnight on its own property (this one, close to where the soccer fields will be), would you be able to prohibit it? Mr. Ruff said if it were parked in back, and not set up for advertisement, he probably would not enforce. Ms. Love said City Council rescinded an action they took a week ago when they approved the Department to apply for a forgivable loan for $1 million for infrastructure. At last night's meeting, they voted to rescind the action, in part due to a large number of residents concerned about a variety of things. They didn't want "their" trees disturbed, they were concerned about low income housing being built in their neighborhood, increases in traffic and new businesses and industries and new warehouse activities going in on the Associated Grocers property north of Lindell. We have been asked why we didn't tell neighbors about this. have been thinking about this, because we are not changing the zoning of any property. This was before the Planning Board; it went to City Council. PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 11 In terms of the residential area, we were trying to promote construction of $120,000-to-$130,000 houses in an area where the median market is $80,000-to-$90,000 houses, and in the industrial section facilitate rehab of the Reid Machinery building for new jobs and investment in an area that has not been yielding any tax dollars for the last 25 years. Until recently, we have been trying to grapple with the Renaissance Zone and how it is going to work and trying to get direction from the state. There has not been a lot to report until about a week ago. When we were finally able to make projections of how we were going to pay for infrastructure, and for other activities, we said we needed people's input about redesigning Victor Avenue, for instance. We can control that, but what people in the audience did not understand was that we cannot control Reid Machinery or Oneida Development, which are privately-owned and held. The state did not provide carrots in the legislation so that we could nudge the developer. Now we have some information from MDOT that we needed before we could go to the community, because we weren't sure where we could put the access road into the industrial area. We now have the opportunity, but it is going to look like a knee-jerk reaction. For new Board members, or anyone else who would like an update, I would be happy to meet with you and review the elements of the renaissance plan for the both Seven Block Area and the area near the Lindell site. The specter of discovery of a toxic dump site has been raised. I recently saw a report indicating the Reid Machinery site is very close to being cleaned up. They are in the midst of getting closure on it right now. For those new members of the Board, if you would like to take a lunch hour, I am open to suggestions. We are going to be out in the neighborhood talking with people. Maybe after the meeting, we could set up some times. If anyone else wants to sit in, let me know. Mr. Frederick asked if the review could be held before the regular meeting of the Planning Board. Ms. Love said this could be done at 6:15 p.m. on Tuesday, November 4, 1997. Ms. Keene said she was aware of the two different renaissance zones. She didn't see how they could be surprised. Ms. Love said it was a not-in-my-backyard situation. Mr. Smith asked what mechanism is used to inform neighborhood people about what will happen. Ms. Love said there were articles in the newspaper. The land was already zoned, and no major changes to existing zoning patterns were planned. In the Southwest Area Master Plan, closing Victor Avenue to eliminate cut-through traffic was identified as a strategy, as was an alternative entrance to the warehouse property on the north side of railroad tracks, and buffering. At the time of the Master Plan, individual residents may not have been there, but the Plan is in effect and in force and many of these ideas were taken from the existing Master Plan. After we received firm information about MDOT about driveway locations, we PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 12 looked at many scenarios. In the next couple of weeks, we would have been ready to go to the neighborhood and present alternatives for access to the warehouse area. The residents would have said, how are you going to pay for it? Until a week ago, we didn't have a way to do that. Regarding industrial, until we can place the road, we can't configure lots in the warehouse park. Mr. Smith said people at the Council meeting did not seem to have prior information but rather were operating on rumor. Ms. Love said the problem was 1,500-sq.-ft. houses costing $127,000 per house including lot and infrastructure, and to make the houses more affordable by underwriting the price of utilities so the price declined to about $100,000, as soon as the word "affordable" was used, people did not hear anything else. Mr. Greiner said people have the idea that they can enjoy vacant land next to them even though it belongs to someone else. They want the trees and wildlife, and they think it is their right to have it remain the same. They get upset when changes are proposed, but they don't want to buy the land to prevent change. Mr. Frederick said education of residents is a way to alleviate the controversy; put the facts out there. Mr. Miller said he lives in the area. The Colonial Village area is a cohesive group with long-term residents, professionals with good incomes who chose to stay in the City and the neighborhood. Residents are concerned about how the area develops. The rumor went through the neighborhood quickly. They did not know what was going on. Mr. Miller is eager to help. Ms. Love said we are trying to look at the concerns and take each of them and make a question-and-answer sheet so we can give people a fact sheet with a map. The fact sheet will be ready by November 4. John Ruge and Michael Smith indicated they wanted to attend the Walkable Communities, November 19 and 20, 1997 in East Lansing. Mr. Nischan wishes to attend the MSPO Site Plan Review, Wednesday, December 10 at Frederik Meijer Gardens, Grand Rapids, and Mr. Frederick wishes to attend Thursday, November 6 in the Detroit Area, location to be announced. Chairman Ruge called members' attention to the Master Planning sessions in January in Grand Rapids. PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 13 D. Pending Items: Future action required. 1. Committee of the Whole a. Act-5-97, River St., South of E. South St., Vacate Right-of- way Tabled September 16, 1997 2. Zoning & Ordinance Committee a. Z-15-97, 2605 Taylor St., "H" Light Industrial District to "I" Heavy Industrial District, Tabled September 16, 1997 for 30 days. b. Z-19-97, N.W. Cor. Cavanaugh & Aurelius, "F" Commercial to "G-2" Wholesale District 3. Urban Development Committee a. Act-2-95, 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 (UDC Tabled November 26, 1996) e. Act-3-97, Paulson Park Sale (Tabled April 22, 1997) f. Act-10-97, 6100 Blk. Ellendale Drive, Easement Reduction g. Act-13-97, Sheridan St. and May St., Consolidate Two At- grade Railroad Crossings 8. NEW BUSINESS A. APA PLANNING - Mail home or office - Member preferences. The American Planning Association mails up to ten subscriptions at the same price, and they will mail to members' home addresses. Members agreed they preferred to receive the APA PLANNING at home. Members received an updated list of Planning Board members, committee chairs and members. 9. COMMENTS FROM CHAIRPERSON - Chairman Ruge - None. 10. COMMENTS FROM BOARD MEMBERS Mr. Smith reported attending the Principal Shopping District meeting. The consultants from the McKenna Group commented that people were positive. It was a well-attended meeting. They also need to reach a larger audience-- PLANNING BOARD MINUTES OCTOBER 21, 1997 PAGE 14 people in East Lansing and Okemos. Ms. Love said there is another meeting from 6-8 p.m. on October 28 at the Unitarian Church to reach these people to get their input about the Lansing downtown area and how to attract people back to downtown. Ms. Love said primary tasks are finishing a marketing plan, determining land use, and completing a design plan. What do we want, where will we put it, and how will it look. We will have a draft in February which the Planning Board will review in March or April. The City Council will have it in April or May. Mr. Frederick reported that he attended the October BZA meeting. The Board of Zoning Appeals addresses many of the same issues as the Planning Board, but from a different perspective. Specifically, people wanted to do things that the zoning did not allow, but they wanted to do it anyway. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS Mr. Frederick asked about the Cedar Street School on Cedar close to Old Town and south of Grand River; every window is now broken. Ms. Love said the rumor is that the church and school have been bought by Rite Aid. Mr. Frederick said the Happy Elephant Child Care still has the elephant. Mr. Ruff said we are proceeding with developing a sign brochure which will be printed soon. It will address signs on a use basis in a friendly but direct way. It will be the subject of a Channel 28 program. We will move it through with the business community associations in preparation for a January start, and deal with signs on a mile-by- mile or half-mile by half-mile basis. We hope to get voluntary compliance before then. Mr Ruge asked about the parking lot at Michigan and Grand Avenues and about the construction equipment on Pennsylvania Avenue; Mr. Ruff said he will have a response by the November meeting, and he will check on the status of the construction equipment. 2. ADJOURNMENT - was at 9:20 p.m. Respectfully submitted, Eleanor K. Love, Secretary Lansing Planning Board \mn102197 a:\42 DRAFT TO CLERK 111014 APPROVED-1 11897 TO CLERK 110597 ` == Minutes of the Regular Meeting r ( ; LANSING PLANNING BOARD 7 p.m., City Council Chambers Ci i ` C��i�'r� Tenth Floor, Lansing City Hall 124 West Michigan Avenue Tuesday, November 4, 1997 1. OPENING SESSION A. Roll Call: Present: Frederick, Goolsby, Greiner, Keene, Miller, Nischan, Ruge, Smith; eight members present. Ex offcio councilmembers Lilly, Allen; not in attendance. B. Excused Absences - None. C. Introductions: Eleanor Love, Planning Manager, introduced staff present, James A. Ruff, Zoning Administrator; Doris M. Witherspoon, Senior Planner; and Louise H. Christian, recording secretary. 2. APPROVAL OF AGENDA - approved as printed. 3. COMMUNICATIONS - None. 4. HEARINGS - AT 7 P.m. A. LS-18-97, 521 & 527 N. Chestnut Mr. Ruff presented the case, a request by John Grossman to divide a parcel of land 66 ft. wide x 198 ft. deep into two 33-ft.-wide lots so that each house can be sold separately. As it is now, nonconforming, it is difficult to get financing. Subdivision regulations require 60-ft.-wide lots in splits. The houses are being rehabilitated. A joint driveway easement will be involved; however, the two single-family homes fit without encroaching on the lot line between them, which is also the natural plat line. Variances to the subdivision regulations require approval by City Council. JOHN GROSSMAN, 1954 MAPLE ST., HOLT, MICHIGAN. I think the split would be good for the neighborhood. I do intend to sell them as single-family homes. As they stand now, it is almost impossible for a home owner to get bank financing. They will have separate tax numbers. Ms. Keene asked how long have you owned the properties; Mr. Grossman said approximately since May. Seeing no one else wishing to comment, Chairman Ruge announced the conclusion of the public hearing for LS-18-97 and referral to the Zoning and Ordinance Committee, next meeting at 4 p.m., on Wednesday, November 12, 1997 in the Department Conference Room, 316 N. Capitol Avenue. PLANNING BOARD NOVEMBER 4, 1997 PAGE 2 B. Z-23-97, 3200 Blk. W. Miller Rd., "A" Residential District to "G-2" Wholesale District Mr. Ruff presented the case, a request by the City of Lansing Development Office to rezone vacant land that the City is proposing to sell. The Master Plan recommends the area for wholesale use, so, prior to sale, the City is requesting the rezoning in accordance with the Master Plan to get it in the zoning district necessary for the development recommended in the Master Plan. The property, located in the 3200 Blk. of W. Miller Rd, is presently zoned "A" Residential. Properties on the south side of Miller Road, are intended for nonresidential uses between Edgewood and this section of Miller and 1-96. An Act 285 review is also in process. The Board of Water and Light is looking at reserving a portion of the property for a well site. Mr. Ruge asked about the road condition. It is not an all-weather road, not for heavy trucks? Ms. Love said it is in bad shape. It is on the list of streets to be resurfaced. Seeing no one else wishing to comment, Chairman Ruge announced the conclusion of the public hearing for Z-23-97 and referral to the Zoning and Ordinance Committee. C. Z-24-97, 526 W. Hillsdale St., "DM-4" Residential to "D-1" Prof. Off. Dist. Mr. Ruff presented the case, a request by Kathleen Gaydos of 522 W. Hillsdale Street to rezone the property at 526 W. Hillsdale Street from "DM-4" Residential to "D-1" Professional Office District for the purpose of creating a professional office in the existing structure. The River Island Plan, 1989 amendment, designates the property for"D-2", home-owner occupancy. In your packet is an explanation of the request, the parking, and the location, just east of Capitol Commons. Mr. Ruge asked how did 515 get to be "D-1"? Mr. Ruff said 515 and the lot next door to it were rezoned more than five years ago. The request involved a burned-out structure, and a residential structure that has never been developed as office. The River Island Plan recommends, if there is further office development, that it develop towards 1-496, and not west into the neighborhoods. With the 1989 amendment, it was further refined. KATHLEEN GAYDOS, 522 W. HILLSDALE. I have lived next door for ten years and have been watching the property. Finally the owner wanted PLANNING BOARD NOVEMBER 4, 1997 PAGE 3 to sell. I recently purchased the building for the purpose of restoring it; however, it is economically-based. If it is an office, I can put the money into it; if it is for tenants, it is going to stay a two-unit, which was never intended. It is cut up strangely. The building in itself is an eyesore. There are no tenants at present. I talked to Channel 47 regarding parking. I spoke with the assistant to the president of First Housing Corporation, owner of most of the block who indicated that an office there would be welcome. She did not have time to write a letter to the Board, but she said it would be a wonderful improvement, and if we needed parking, for the two spaces we need, they would give them to us in the high-rise parking area, though they don't know if this is in violation of HUD or MSHDA rules. It would be in the two areas at the end of the lot closest to the road. I don't think parking is a problem because I live next door in a duplex, and the other attorney who is going to occupy the office also lives next door. I am not going to drive my car ten feet to go to work, so there is two cars out of five people who will occupy the building. There is three spots available. Right now, how the driveways are set up, if it is residential parking, you can park behind one another. Technically, you can easily get six to seven cars in there, but because of the law, you have to allow so many feet in between the cars. If you clear everything out, only three parking spaces are available there. Mr. Ruge said the Master Plan recommends this as "D-2". Could you live with D-2 , which is office downstairs and apartment upstairs? Ms. Gaydos said I live next door, and I thought if I could get them both rezoned on the bottom, the top can stay residential. That wouldn't be a problem. I was initially going to file for the two properties together, except parking was even more of a problem when I use my home, because you have to have four to five spaces, and if it is zoned office, I don't know how that would work with the parking. Yes, I could live with that; they would be side-by-side; there would be enough area, but the one downstairs apartment, 526, is definitely not enough space. STEPHANIE WHITBECK, 620 W. IONIA. Representing the Downtown Neighborhood Association as the Land Use Chair. We received the agency referral on this rezoning. We had prior conversation with the applicant. We did not receive the preliminary staff report that Mr., Ruff was talking about. All we received attached to this was a mortgage survey, so we worked off that and were able to determine that the site requirements in the "D-1" could not be met for this particular property. A quick flip through the "D-2" based on what we just heard, looks like that can't be met either, and the parking, which may be able to be resolved. I am here asking a question on the Master Plan. My sense of the Master Plan is that the original Master Plan was amended as a result of the PLANNING BOARD NOVEMBER 4, 1997 PAGE 4 Farhat litigation, and that basically affected the map for an area north of the Capitol. In reviewing this and seeing that it says residential and working off the original map for that location, when I took this in to Mr. Sturdevant today, he made reference to a 1989 amendment. In this, can't find any date when the Council endorsed this. I spent this afternoon trying to make certain that this is not just a plan. Mr. Sturdevant indicated he had just come across this. I have to make certain, and I have not succeeded at that yet. I spoke to a member of the Planning Board who could not recall whether this went forward and had Council action. I spoke to the Vice Chair of the CDC at that time. She couldn't remember if any action took this on to the City Council to approve. The other thing that made me uncomfortable in relying on this which would be a "D-2" as opposed to residential is that in the body of this particular plan, there is the discussion and in the map which shows an enlargement of a parking lot for the School District Administrative Offices. I recall a conversation with a home owner in that area some time ago who made reference to a plan a number of years back that would have potential of causing some demolition in the neighborhood there, may have included some of the neighborhood not currently part of Capitol Commons to have been part of Capitol Commons and very specifically included the enlarging of that parking lot, and this homeowner indicated that at that time the neighbors in that involved area were active in making certain that the plan was not endorsed. I would like to know by what action and what date the Council did approve this, because if this is what we should be using, and when we have been looking at rezonings south of the Capitol. We believe that the original map was still in play, because that was not affected by the Farhat. On this particular case, I don't think it matters because the issue seems less to be what the Master Plan says than the fact that it does not meet site requirements, but we would like some information on the part of DNA and the Planning staff on when that was approved. Ms. Love said in 1989 that Master Plan was approved by the Planning Board. It is not required to be approved by the City Council. There no requirement under state law that any Master Plan be approved by the City Council. Once it is approved by the Planning Board, it is sent to Ingham County, and it becomes a recorded master plan for the City. "I do not know at this point the exact date that occurred, but that is the process under state law for the adoption of master plans. The Master Plan did look at the possibility of increased parking on Lenawee, and there were a number of residents in the area who were concerned about that particular issue, not about the plan as a whole. "I believe that the plan did go forward to City Council. That particular item related to the demolition of housing may have been left out, that particular specific recommendation, but I can always check it." PLANNING BOARD NOVEMBER 4, 1997 PAGE 5 Ms. Love reiterated, when the Planning Board passes the Master Plan, it is recorded with Ingham County Clerk, with no review. Ms. Whitbeck would like to know if it went to Council. Seeing no one else wishing to comment, Chairman Ruge announced the conclusion of the public hearing for Z-24-97 and referral to the Zoning and Ordinance Committee. Chairman Ruge said we have a public hearing scheduled for 7:30; however, since it is not yet 7:30, we will go to our business session. At 7:30 we will resume the public hearing. 7. BUSINESS SESSION A. Minutes for Approval: October 7 and October 21, 1997. Mr. Goolsby made a motion, seconded by Mr. Nischan, to approve the minutes of October 7 and October 21, 1997. Mr. Ruge said, regarding the minutes of October 7, P. 12, there is no second to Mr. Greiner's motion to approve. (NOTE: Mr. Greiner's motion was seconded by Mr. Goolsby.) On a voice vote, there were: Ayes: 8; Nays: 0; motion carried unanimously;P mutes of October 7 and October 21, 1997 were B. Committee of the Whole - No report. C. Committee Reports . 2. Zoning and Ordinance Committee, Mr. Goolsby, Chair. Next meeting Wednesday, November 12, 1997 at 4 p.m., Department Conference Room, 316 N. Capitol Avenue. 3. Urban Development Committee, Mr. Nischan, Chair. The committee met Tuesday, October 28, 1997 at 4 p.m. (a) Act-10-97, 6100 Block Ellendale Drive, Easement Reduction. The applicants, Calvin and Nancy Meece, 5924 Coulson Court, Lansing, Michigan, propose the elimination of an easement, 50 ft. wide and 100 ft. deep, proceeding west from Ellendale. The property is located just south of 6040 Ellendale Drive. The parcel itself is 75 ft. wide, and the applicants propose a ranch home with an attached garage if the easement on the property were eliminated. The property is in a residential zone; planned for residential, zoned "A" Residential, and is proposed to be used for a single-family home. The property features a 50-foot-wide easement to PLANNING BOARD NOVEMBER 4, 1997 PAGE 6 accommodate the Weigman Drain, which is no longer in use. The Board of Water and Light, Public Service Department, and Ingham County Drain Commissioner all indicate no problems with a reduction or removal of the easement on this property. Based on testimony and evidence on the location, character, and extent of this proposal, the Urban Development Committee found that: 1. The proposal will not have any adverse impact on the surrounding land uses; 2. The proposed reduction in easement will facilitate the development of the parcel owned by the applicants; 3. The utilities have all concurred with the proposal. In committee, it was moved, seconded and carried unanimously (4-0) to recommend approval of the proposed reduction of the Weigman Drain easement on the property just south of 6040 Ellendale Drive, and that the entire Weigman Drain easement be vacated if, after research, staff finds that the easement is no longer necessary. Mr. Nischan made a motion, seconded by Mr. Frederick, to approve Act-10-97, 6100 Block Ellendale Drive, Easement Reduction, and to vacate the entire Weigman Drain easement, if that appears to be no longer necessary. PLANNING BOARD ACTION was as follows. Mr. Goolsby said the City Attorney indicated that the issue of jurisdiction regarding the drain between the City, County, and County Drain Commissioner must be clear so that the City's ability to act in this situation is properly determined. Under Character and Extent, under analysis, it says that the jurisdiction over this drain has not been made evident as of this report. Information is forthcoming from the Public Service Department. Do we have this information tonight? Ms. Love said she did not have any specific information about this particular portion of the Weigman Drain; however, we have vacated other pieces of it previously. Ownership of the Weigman Drain was never properly turned over to the City from the County. They never executed the proper documents. We vacate our interest in the drain; we then send that to the County, and they then have to vacate their interest in the drain. That is the proper procedure. The applicant needs to be made aware, and we will do that, that we have to send it to the County. Once we vacate our interest, the County can vacate the whole thing. The proper wording would be to vacate our interest in the drain. Mr. Nischan and Mr. Frederick accepted the friendly amendment. PLANNING BOARD NOVEMBER 4, 1997 PAGE 7 Mr. Ruge asked if there would be a problem with the City vacating their entire interest, rather than doing it piecemeal, one property at a time. Ms. Love said there are pieces of it that are still in operation as open drains. There was a piece near the back of Builders Square; that is still an active portion. Parts have been abandoned where the open drain is no longer necessary, because of development that has enclosed the drain as part of the subdivision and picked up the storm water. Pieces of it are no longer needed, and pieces in other locations may still be viable. You can't do it all at one time. Chairman Ruge restated the motion, to approve Act-10-97, 6100 Block Ellendale Drive, Easement Reduction, and to vacate the City's interest in the Weigman Drain as it applies to 6100 Block Ellendale Drive. Frederick . . . . . . . . . . . . . . . . . . . . . . Ave Goolsby Ave Greiner. . . Ave Keene. . .Ave Miller. . . Ave Nischan. . . Aye Smith . . . . . . . . . . . . . . . . . . . . . . . . . Ave Ruge . Aye On a roll call vote, there were: Ayes: 8; Nays; 0; carried; unanimous; Act-10-97, 6100 Block Ellendale Drive, Easement Reduction, was APPROVED. At this time, the Board returned to the public hearing scheduled for 7:30 p.m. on Housing Needs, Priority Nonhousing CD Needs, Use of Federal Formula Program Funds and CIP Needs for 1998-99. HEARINGS - AT 7:30 p.m. D. Housing Needs, Priority Nonhousing CD needs, Use of Federal Formula Program Funds and CIP Needs For 1998-99 Ms. Witherspoon said this is the opportunity for community organizations to come and speak on their needs. This is our planning document that we submit to HUD, our Consolidated Strategy and Plan submission. In your packet, you have a schedule of events. It is a five-year plan, and we update the document every year, so that now we are in Fiscal Year 1998-99. BEVERLY WIENER, ECONOMIC CRISIS CENTER. I am here to speak very briefly on behalf of six different organizations that are involved in what we call transitional housing. I want to tell you what that is, and how we think that fits in with City plans. Transitional housing is not a well- known concept. We fill a gap between emergency shelter and long-term permanent housing. We try to prevent people who are in shelters from PLANNING BOARD NOVEMBER 4, 1997 PAGE 8 becoming homeless again, but by being able to work with people for up to two years, we can teach them to be either good renters, or one of our goals is to help some of them become homeowners. We work with them on budgeting, money management; we work with them on cleaning up past credit, home maintenance, home cleanliness, shoveling walks and mowing lawns, all the things that we think are necessary for them to become responsible community members, and, as I said, some of them will become home buyers at the end of the two-year period. Others may take a little longer, but we can begin that process. We come out of the problem of homelessness, and we know that is partly related to the scarcity of low-cost rental housing, and the difficulty that a lot of people have with money management that keeps them from buying homes and becoming stable members of the community. So we are trying to work with people to move them into a different kind of a situation. There are, several models. Several have apartments or houses, and you may know about some of these from your past experience. They make these available to former shelter residents, and work with them, provide services to teach them to improve their skills. Those would be Ballentine Stepping Stones, Advent House, and the Housing Resource Center. All of them have apartments or houses that they make available with these supportive services. Loaves and Fishes has just opened their Zacchaeus House, where three families are living in the house that was next to Loaves and Fishes, and will be living in a cooperative living situation with shared kitchen facilities and supportive services, again to upgrade their skills in the housing area. The Economic Crisis Center, and now the coordinated Extended Care Program of the Red Cross are working with people with services only. They don't have any properties, but they go into people's home and they provide services to help them to become home owners. We want this to be a context for you, as you think about reviewing the Comprehensive Plan. There is such a need for both rental, but also low-cost home owners by people are trained to have the skills they need to become owners. All of us in these transitional housing programs work together. We even have an organization; we call it GLATHNet, the Greater Lansing Area Transitional Housing Network. I am going to provide you with a list of those organizations. We certainly, if it ever became possible to fund some of these programs in the future out of some of these funds, we would be happy to talk to you, but at this point, what we want you to do is to be aware of us and how we fit into the. housing picture. Several of us will be giving a very brief presentation on each of our programs. I know you are busy people, so we don't want to take a lot of your time. If there are any questions, I would be glad to answer them, and here are some things we are going to distribute. Thank PLANNING BOARD NOVEMBER 4, 1997 PAGE 9 you. (Distributed information sheets.) PATTI JONGKEND, BALLENTINE STEPPING STONES. Ballentine Stepping Stones is a program of Catholic Social Services, St. Vincent Home. We serve single mothers with children. What we find is that women in particular are at high risk of becoming homeless for a variety of reasons. We can serve up to 16 families at one time. They do pay rent; they do have apartments on-site, along with our case management services. We also provide services to the mothers in the way of groups, as well as to the children. We believe women are at a high risk because they are often earning entry-level positions. Because they are single parents, they often lose their jobs at the time their children become ill because most employers need people there in the service industry, the food industry, any kind of hospital setting. What we try to do is help the whole family stabilize again, help that mother get better training, or a better job, help them learn how to pay their bills, how to care for their children, and in general stabilize their lives. We believe transitional housing is a very important part of the whole homeless network. We hope that you will think about us in the future. We are not in competition with shelters. Our group is a very tight network, both transitional as well as shelters. We really are part of our City's continuum of care. I have brought a few descriptions of our program, should you like to read them, and I won't take any more of your time. Thank you. (Distributed descriptions.) DONALD LEAF, DIRECTOR OF LOAVES AND FISHES MINISTRIES. I too have a hand-out, a one-page letter for you to look at. This one-page hand-out gives you a summary of our services and programs for the homeless population in the Lansing area. It also does two other things. It encourages you to recommend funding for emergency shelters, because we run an emergency shelter that is filled almost every night, but it also encourages you to think about the possibility of directing maybe new funds, or if funds are available, to meet the operational cost of transitional programs. You have heard some general information from my colleagues already, and I would like to look at it from a little different perspective. This year the U.S. Department of Labor issued a publication entitled "Employment and Training for America's.Homeless." This publication was compiled over a six-month period, from 63 centers across the United States involving over 45,000 people. As you look at the tables and the statistics that were presented, you will find that they are not starving. When women were asked, women with families, were asked why they were homeless, the number one response was 44 percent of the time PLANNING BOARD NOVEMBER 4, 1997 PAGE 10 because of abusive family situations. We have that occurring here in the Lansing area. Many times our transitional programs are trying to respond to that situation. Forty-two percent of the families talked about the lack of affordable housing, and affordable housing is one of those issues that you need to deal with. We need it to be dealt with in the Lansing area; it is critical. Thirty-eight percent talked about job loss with a lack of work. In a related question, these mothers with children were asked, what are the obstacles that get in the way of employment. Fifty-five percent of the time the answer was the lack of transportation. That is not surprising. Fifty- four percent of the time it was the lack of training or vocational skills; 48 percent of the time it was the lack of child care centers, and 41 percent of the time it was minimal work histories. I bring these statistics to you because these are very common to the families that we find are asking us to come into our transitional homes. One of the difficulties is that we have not been able to find funding sources or sources of money that will help offset some of our day-to-day operating costs. Loaves and Fishes Ministries joined in partnership with the City of Lansing two years ago, and with the Michigan State Housing Development Authority, to remodel a home to the north of our shelter facility, to put on a new addition. We just completed that project, and the state stopped funding, providing operating cost money to fund the operation. So we have the bricks and mortar; we have the building up; we have it in place, but we lack the funding to be able to extend open our services completely. The goal of the transitional housing providers is to provide for a family, and in our case, it is a mother with children, a safe, stable environment. We do that at Loaves and Fishes Ministries. We take a woman out of an abusive situation, out of a hostile negative situation, and we try to stabilize her life and her children's life. While she is with us, we try to establish a time of stability, a time when this mother might be able to reassess. Does she need to have further education, further training, so that she can go on and earn a wage that is adequate to support her family as she moves from our transitional setting into permanent housing. Or does this mother need to get involved in the workplace and work while we are supporting her in a direct way until she is able to have a work history that allows her again to earn the wage that is going to support her family when she leaves us. During this time of stability, we also need to work with that mother on cleaning up her credit and help her in developing parenting skills, conflict resolution skills, money management, all those things that are going to make this family successful, and hopefully not return to a state of homelessness once they leave Loaves and Fishes Ministries. We have not been able to extend the services fully in our transitional house because we lack the operational funds. When you invite a family into a transitional setting, you are really asking to be there for two years. Beverly said that earlier. You PLANNING BOARD NOVEMBER 4, 1997 PAGE 11 can't pull the rug out from underneath a family half way through the process because you lack the funding. So we haven't been able to go forward like we hoped because we don't have the adequate funding. If there is just one concept that you remember from my presentation tonight, I hope it is this. Emergency shelters are necessary and needed. We have them filled every night, but emergency shelters do not fundamentally change people's lives. It takes time to change people's lives; you can't do it overnight. If people are going to become self-sufficient, it must take time and transitional homes to provide that. I hope you will look at this issue for the City of Lansing. If there is any way that you can build it into your planning document, or provide support for it, we would appreciate that. We have provided information to the mayor and to his staff, and they are looking at that issue for us, and maybe if there is anything that you can do for us, we would certainly appreciate that. Thank you so much for your time and for listening to this presentation. PEGGY PERTNER, AMERICAN RED CROSS. We have a new program called Coordinated Extended Services, which is designed to help homeless clients address the underlying issues causing their homelessness, get into permanent housing and stay there. We have six case managers, six workers who will act as case managers to work with the clients for up to two years, setting goals, mutually agreed upon goals, and continuing to work with the clients up to six months after they get into permanent housing. This is a new program that we just received funding for beginning July 1 and my purpose here is here to introduce you to it. Are there any questions. Thank you. BILL LUDWIG, ADVENT HOUSE MINISTRIES. I am the shelter resource coordinator. Our director took ill this afternoon, looked at me and said "You're it." Just to give you a brief description of what we run at Advent House Ministries, we have provided a transitional housing program to the homeless in the Lansing Area for the last nine years. Currently, the program provides space in three homes located in the northwest side of the City. These belong to St. Lawrence Hospital, and are rented to Advent House for a minimal fee. Advent House is responsible for the minor repairs and maintenance. These are single-family homes, each occupied by one family for a period of anywhere from 6 to 24 months. We can accommodate up to 20 individuals, approximately 5 adults and 15 children at any given time. During their stay, the family is companioned by staff and volunteers, with weekly visits and monthly support group meetings as they go through the process of transition to permanent housing. The family is also are responsible for paying utilities in the shelter home, and for saving money. We provide a savings account for each home toward rent and deposit so that when they go into permanent PLANNING BOARD NOVEMBER 4, 1997 PAGE 12 housing, they will have that money. The transitional housing program at Advent House is volunteer- and staff-intensive as we create an environment in which families can identify, evaluate, and begin to solve long-term issues that contribute to their homelessness. Applicant families are interviewed by a team of volunteers and staff to discern which family is best able to use the opportunity provided in our program. As the family's progress is tracked through the program process, volunteers and staff work with the family to evaluate the progress and strategize solutions as well as pursue permanent housing. The environment created in this program is one of unconditional regard for the family as human beings as they learn to operate within a conditional structure focused on their actions and decisions. Participation in this type of environment has enabled many of our families to make dramatic life changes. Then they become and remain permanently housed. If there are any questions, I would be happy to answer them; otherwise, that is our program. Thank you. BEVERLY WIENER, ECONOMIC CRISIS CENTER. Again, I am Beverly Wiener, from the Economic Crisis Center. We are a shelter for homeless families, located in East Lansing, but we serve a lot of Lansing people, and we move a lot of people into Lansing, because, frankly, that is where the affordable housing is for our people. Three years ago, we were one of the earlier transitional housing programs, so ours has been in existence for three years, and we have learned a lot in that time. I have a hand-out that tells you a little more about what we do. It is very intensive work. As I mentioned, we don't have real estate. We work with people in their homes. One person works with about ten families intensively, and some other families less intensively. They work on everything, from keeping a job and keeping stable housing to budgeting money, to making sure the kids are successful in school, and making sure the next generation will be stable. We work with them for up to two years. We have had six families graduate so far. Out of our program we have had a couple who have become homeowners, one who is in the process of buying a home, and the others are renters. I don't want to spend a lot of your time. I think you have gotten the idea of how we work with people, so one more time I will give you something to pass around. This is a new concept; we just didn't know how familiar people were with it, and we wanted to make sure you had a chance to understand it. We welcome you all to come and visit our programs or call us if you have any questions. Thank you. ROSE NORWOOD, HOUSING RESOURCE CENTER, LANSING. We have been serving the Greater Lansing community for going on 25 years PLANNING BOARD NOVEMBER 4, 1997 PAGE 13 now. We have a range of housing counseling services from homeless prevention through home ownership. Transitional housing is one of the programs that we provide; we now have seven units of housing where we can help families for up to two years, by helping and strengthening that family so that they can be productive citizens in our community. We also have our homeless prevention program where we assist families either that are about to become homeless or who have already become homeless into getting them into stable housing and keeping them in their housing. That program is funded through emergency service dollars that is part of what your committee looks at. Another one of the programs that we have is home ownership. What we do is help people become home owners because we believe that by helping people become home owners, we help stabilize the community and that family. We have a number of programs designed to help. One is down payment assistance, where we can actually provide up to $3,000 to a low-income family to help them purchase a home here in the City of Lansing. We have one-on-one counseling, to help low-income families overcome credit issues so that they can be mortgageable. We are looking at other programs such as designing mortgages that include repair costs so that we can fix up the housing as we are selling it here in the City. All these programs address specific needs that we have here in the community to (1) improve the housing stock that we have, and (2) create home ownership opportunities for the families that live here currently, turn our renters into home owners. If you have any questions, I would be happy to answer them. Thank you. CHERYL REISNER, DIRECTOR, LANSING NEIGHBORHOOD COUNCIL. I am here to speak to you tonight regarding the things that the Council is doing. Lansing Neighborhood Council has been around for 17 years. One of the many things we do is to work with neighborhood groups. At this time, we have 37 neighborhood groups that we are working with in Lansing. We had our annual meeting two weeks ago, and 21 neighborhoods were represented out of that 37. We each year work and put on a paint blitz in June, usually the first or second Saturday in June, depending on the rain. We paint houses for low income senior citizens or disabled people. This last year we painted 22 homes. Twenty of them were all done in one day; the other two were finished within a week. In past years it has taken until September to finish some of them. This year we were very happy to be able to do it. We had 449 volunteers from local churches, banks, neighborhood groups, local unions, anything imaginable, any type of union or any group available came out to help, which was really wonderful. We had people calling from Grand Ledge and Haslett and Okemos and Williamston asking to, be part of our effort. This year's Paint Blitz will be our tenth year. Bea Christy Awards dinner PLANNING BOARD NOVEMBER 4, 1997 PAGE 14 is held every February. Last year we also celebrated our tenth year of the Bea Christy Awards dinner, which is a dinner that recognizes neighborhood people who do wonderful things for the neighborhood, whether it is taking someone to the doctor, making chicken soup. We have had people who went out and fought against prostitution, bad landlords, whatever is needed in a neighborhood. These are the people who work behind the scenes without much recognition, and unfortunately, we can only recognize one of them per year. The last year we had 13 applicants that were recognized in the ceremony, and one overall winner which was Al Kochka. We also work with neighborhood groups in 501.c.3. training so that they can go after neighborhood grants to have things happen in their neighborhood. We have held a few problem- solving seminars dealing with tenants' problems, landlord problems, nuisance houses. We also work with the Lansing Police Department to keep neighborhoods in touch with their area officers, and to keep them involved in their neighborhood watch programs. We are working right now with initiatives with the Lansing School District to get the Lansing School District and the neighborhoods talking on a more even basis to keep the communication and cooperation going, because whether there is a neighborhood school in your area or not, the schools affect the neighborhoods, whether it is positive or not so positive. We also help neighborhood groups navigate through the process of planning and zoning issues, and City Council issues that come up. A lot of the neighborhood groups are just starting out, and most of them either formed because something wonderful happened in their neighborhood, or, as I am always told over the phone, "They are trying to cut down our trees and build condos." That is one of the favorite things that we get each week, that the terrible Planning Board is doing to the neighborhoods. So we try to disarm them and get them down the right track as to who to go to, who they need to talk to, and what needs to be done to help them feel that they are unified in power, and not just one little guy against the big guys. have a letter here that you should have received from Juanita Mitchell, Potter-Walsh Neighborhood Organization. She is the president of the Lansing Neighborhood Council at this time. I don't know if you received that letter as to date. Is it all right if I read it real quick? Juanita is out of town, and she is not able to be here tonight, so if you make copies, it would be great. Also, this is a list of our neighborhood groups at this time. If you have any questions, please call the office. Thank you. (Provided letter and list.) STEPHANIE WHITBECK, HERE AS LAND USE CHAIR OF THE DOWNTOWN NEIGHBORHOOD ASSOCIATION. I have no material to give you. We are not asking for any funding. We would like to discuss PLANNING BOARD NOVEMBER 4, 1997 PAGE 15 three somewhat policies issues that are embodied budgetarily within the plan. The first one is that in working with a number of different neighborhood representatives during the course of this past summer, Historic Preservation is an issue in a number of neighborhoods. It is certainly a priority in the Downtown Neighborhood Association. As you know, we have a proposed Historic District. I have a question as I looked through the five-year plan today, I did note that budgetarily within at least one, if not two, aspects of the five-year plan that lead-based paint abatement and historic preservation seem to be narratively and budgetarily within the same area, and my only question would be, we have seen a reduction in referrals for historic restoration, and I am just hoping that might not be because of the very important program of lead- based paint abatement that we might want to be reserving and we might want to be careful on what we spend on historic preservation if that is the case. I think we ought to discuss that, and if there is a way so that we make certain that greater amounts of work and sometimes different kinds of work might be capable of being done in the CDBG program for exterior work that is afforded through the historic preservation aspect of the program. Secondly, from a neighborhood perspective, I do note that there seems to be narratively a focus on rehab of multiple units as opposed to single- family residential. There is a reference to it under leveraging in the five- year plan. We would think that so many plans refer to the need to strengthen neighborhoods through single-family owner-occupied homes, and we see that that's an issue in the Goals and Objectives for the Twenty-First Century, and we would wonder if there ought to be some sort of greater focus on single-family homes as part of the CDBG program. In addition to that, we have had some of a concern for the last year or two, however long it has been that as a city we have shifted from a perspective of grants for rehab and shifted to a loan program. We did that not under federal mandate, but rather under local option. We do note that there is a state attorney general opinion that does indicate that when municipalities elect under local option to shift from grant to loan, that they risk the federal government coming in at any time and recapturing any funds paid back. We also note that to some degree, it seems that when we have gone to loans as opposed to grants, that it may leave some people out of the market, the lowest-income folks, that when they have to meet 120 percent of post-rehab and an appraisal on their house, that they may not really be able to accept it, and that might be, for example, some of the difficulty in Seven Block, and that we think that it would be worthwhile that the City, we think that as a policy, and that we perhaps when we want to do acquisition, relocation and demolition in Seven Block, that we use PLANNING BOARD NOVEMBER 4, 1997 PAGE 16 some other funding source other than funds recaptured from loans from people who really probably would do better with grants. That's all I have to say. Thanks. Seeing no one else wishing to comment, Chairman Ruge announced the conclusion of the public hearing for Housing Needs, Priority Nonhousing CD needs, Use of Federal Formula Program Funds and CIP Needs For 1998-99. 5. COMMENTS FROM THE AUDIENCE (five minutes each) - None. 6. RECESS - None. Chairman Ruge said we will resume Committee Reports, Urban Development Committee, Mr. Nischan, Chair. Mr. Nischan, for the sake of convenience, changed the report order, taking the third item second. © Act-5-97, River St. South of South Street, Vacation of ROW The committee had tabled this item pending a letter from the City Attorney's office regarding the River and Waterfront Board response and recommendation on this proposal. The question centered on whether or not action can be taken without the River and Waterfront Board, which is unable to get a quorum and take official action. Mr. Rieske presented a copy of the River and Waterfront Board ordinance. Summarizing, basically it says if you send it to them and they have had it for 30 days, you have done what you were required to do. So we did take that back up and the committee found, based on testimony and evidence on the location, character and extent of the proposal, that 1. the River and Waterfront Board had been contacted regarding this proposal; 2. the River and Waterfront Board's failure to respond with an official committee action according to the ordinance in no way invalidates the referral to said Board; and 3. Planning Board and Council action may proceed despite lack of an official River and Waterfront Board action. In committee, it was moved, seconded, and carried unanimously (4-0) to remove Act-5-97, River St. South of PLANNING BOARD NOVEMBER 4, 1997 PAGE 17 South St., Vacation of Right-of-way from the table. On a voice vote, the motion carried unanimously (4-0). Mr. Ruge made a motion, seconded by Ms. Keene, to recommend approval of the request for the vacation of the River Street right-of-way between South Street and the railroad right-of- way to the south. Mr. Nischan made a motion, seconded by Mr. Frederick, to approve Act-5-97, River St. South of South Street, Vacation of ROW. Chairman Ruge passed the gavel to Mr. Greiner who stated that Mr. Nischan has made a motion, seconded by Mr. Frederick, to recommend approval of Act-5-97, River St. South of South Street, Vacation of ROW. PLANNING BOARD ACTION on the matter was as follows. Goolsby . Nay Greiner. . .Aye Keene. . . Aye Miller . . Ave Nischan . . . . . . . . . . . . . . . . . . . . . . Ave Smith . Ave Frederick . . Ave Ruge Ave On a roll call vote, there were: Ayes: 7; Nays; 1; carried; Act-5-97, River St. South of South Street, Vacation of ROW was APPROVED. Mr. Nischan, resuming, said the remaining items on our agenda were postponed and no action could be reported. (b) Act-16-97, E-W Alley North of 500 Block, W. Genesee, Dedication as Public Alley. The City of Lansing Development Office, developer of residential improvements in the 500 Blk. W. Genesee, requests that the alley north of the residences on the 500 Blk. of W. Genesee would be designated as a public alley. The surrounding area is zoned and used as single- and multiple-family residences. The alley, which is 20 ft. x 330 ft. long, was constructed as part.of the redevelopment of the block, which included the construction of six homes. The Development Office reported that the alley was included in the original concept plan as a public alley, and designation as a public alley will result in the placement on the street PLANNING BOARD NOVEMBER 4, 1997 PAGE 18 maintenance schedule and the proper maintenance by the Public Service Department. Development Office further reports that the federal funds that were used for the redevelopment of the area cannot be used for the maintenance of the infrastructure in that area. The Public Service Department cites insufficient funds as a reason for suggesting that an alternative be found. The alternatives identified are these: 1. Continue Development Office responsibility for the alley. However, no funds are available, and no source of funds has been identified for this alternative. 2. Designate the alley as a public alley, and transfer jurisdiction to the Department of Public Service. Although state Act 51 funds can be used for alley maintenance, the Public Service Department has insufficient funds for presently operating, maintaining and improving the existing public alleys. The addition of another alley would provide a further financial burden. 3. Vacate the alley to the abutting property owners. This alternative would relieve the City of any responsibility for maintenance, but would be difficult to obtain agreements with all property owners and difficult to enforce the maintenance of the alley, including snow removal. It may be a way of inviting problems within the neighborhood. Faced with these alternatives, the committee requested further information on the original development plans and agreements, and input from property owners. In committee, it was moved, seconded, and carried unanimously (4-0) to postpone action on this matter until further information can be provided. On a voice vote, the motion carried unanimously (4-0); Act-16- 97, East-West Alley North of 500 Blk. W. Genesee, Dedication as Public Alley was POSTPONED. Mr. Nischan said there was one item not written here that he wanted to point out to be sure it was part of the report. We asked staff to take a look at each of the pending PLANNING BOARD NOVEMBER 4, 1997 PAGE 19 items and give us a reason for not getting rid of them since they have been on there for a while. Our intent is to clear all the pendings at the next meeting, unless there is some active reason to keep them pending. We would expect that by next meeting we will either have it there for action, or have a note that says there will be action on it soon and we are just waiting to get this in place, or they are going to say it is inactive. Mr. Nischan noted that the committee did feel it was important to keep tracking items. We would like to see them tracked as a staff advisory or information only case, rather than having it on our work agenda, because we are prepared to make decisions on them. Next meeting Monday, November 24, 1997 at 4 p.m., Department Conference Room, 316 N. Capitol Avenue. 3. Executive Committee - did not met. C. Report from Planning Manager Ms. Love said that basement parking will soon be available. For those who have the garage parking card, you may begin using it at our next meeting. They are going to be changing systems, and you will be turning in your old card in exchange for a new one. For those Board members who do not as yet have the card, you will be mailed one before the next meeting. The card allows you to enter the basement from the Michigan Avenue side, turn left at the first opportunity, and park in the Council places or in judges' places. They are not here on Tuesday nights. Do not park to the left in the Police area. D. Pending Items: Future action required 1. Urban Development Committee a. Act-2-96, 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 (UDC Tabled November 26, 1996) e. Act-3-97, Paulson Park Sale (Tabled April 22, 1997) 8. NEW BUSINESS - None. PLANNING BOARD NOVEMBER 4, 1997 PAGE 20 9. COMMENTS FROM CHAIRPERSON Chairman Ruge reported he had a talk with the Chairman of the Historic District Commission, Stephanie Whitbeck, and she would be interested in having a liaison from the Planning Board to attend their meetings. If anyone is interested, let Chairman Ruge know. Ms. Love said they meet once a month, first Thursday of the month at 5:30; meetings usually last until 7:30 or 8:30. 10. COMMENTS FROM BOARD MEMBERS Mr. Nischan said in the October 7 meeting, we talked about Act-7-96. We passed it through the Planning Board, but it never got to the Mayor and Council. I raised the question of how can staff hold something we have passed and not transmit it to the Mayor and Council. Ms. Love said it was not an intentional holding. We were trying to find out from the Board of Water and Light if they wanted to place a well site here. Mr. Nischan said he would appreciate it in the future something like that becomes necessary, he would like to know, so that we can have a sense of continuity and closure. Ms. Love said we are trying to compile a complete compendium of all of the cases and their status. Mr. Goolsby said, for new board members, he hosts a Christmas party every year; this year on Saturday, December 13. Details will follow at the next meeting. People are asked to bring things for the food bank. This year's theme is Malta. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS Mr. Greiner said the elephant is still at the Happy Elephant Child Care Center. Mr. Ruge asked about the construction equipment on N. Pennsylvania, Grand and Michigan parking lot, or Cavanaugh-Cedar St. right-of-way. Mr. Ruff said he has referred the N. Pennsylvania matter for code enforcement. He has been working on the sign brochure, and has no new information on the other matters. Mr. Ruff said, for Mr. Frederick's benefit, there are ten BZA cases for November. 2. ADJOURNMENT - was at 8:20 p.m. Respectfully submitted, Eleanor K. Love, ecretary Lansing Planning Board \mn110497 a:\42 Act-10-97 Easement Reduction of a portion of the Wiegman Drain Ellendale Drive, 6100 block GENERAL INFORMATION APPLICANT: Calvin and Nancy Meece 5924 Coulson Court Lansing, MI 48911 STATUS OF APPLICANT: Owner of subject property REQUESTED ACTION: Act 285 Review EXISTING LAND USE: Vacant EXISTING ZONING: "A" Residential PROPERTY SIZE & SHAPE: Subject parcel: 75' X 100' Easement area: 50' along Ellendale, 100' deep SURROUNDING LAND USE: N: Single Family Residential S: Vacant E: Single Family Residential W: Vacant SURROUNDING ZONING: N: "A" Residential S: "A" Residential E: "A" Residential W: "A" Residential MASTER PLAN: The Southeast Comprehensive Plan designates this area as Residential 0-7 du/acre. SPECIFIC INFORMATION APPLICANT'S PROPOSAL: The applicant is requesting that a portion of the Wiegman Drain Easement be reduced in width to provide greater flexibility for the construction of a single family home. 1 PLANNING BOARD 6100 Block of Ellendale Drive: Easement Reduction AGENCY RESPONSES: Ameritech: (No comments received) Assessor: No comments Board of Water & Light: Electric Utility: The Electric Customer Projects and Marketing Department has no objections in the drain easement. The BWL has underground electric buried across the front of the lot in a 10' front lot line easement. Contact Person: Bob Strobel 371-6082 Water Utility: Water Technical Support/Distribution- No conflict with easement-revision. Contact Person: Terry Robison 371- 6494 Fire Marshal: (No comments received) MI DEQ: (No comments received) Public Service Dept. I have had O & M investigate the sewer within this easement to verify that it has been abandoned. Public service has no problem with the reduction of this easement. Building Office: (No comments received) City Attorney: The issue of jurisdiction over the drain between City and County and County Drain Commission must be clear so that City's ability to act in this situation is properly determined. Development Office: Is there evidence that this is the City's easement? Recommend title commitment in absence of a recorded copy of easement. Possibility that it could be county 2 PLANNING BOARD 6100 Block of Ellendale Drive: Easement Reduction drain easement. Regardless, if not needed for drain system, why not? Fire Marshal: No objection to this request. Ingham Co. Drain Comm: Jurisdiction of this drain easement was turned over to the City of Lansing by resolution. The Drain Commission does not have a problem with the reduction in easement, particularly since the drain has actually been removed at this location. Media One: Media One has no concerns in this area at this time. ANALYSIS Evaluation Act 285 requires that the character, location and extent of requests involving the vacation of a public right-of-way be evaluated. Location The section of the Wiegman Drain that is being requested to be reduced is located on a vacant lot in the 6100 block of Ellendale Drive (south of 6040 Ellendale Drive). The subject parcel is 75 feet wide and 100 feet deep. The easement along the north side of this property is approximately 50 wide by 100 feet deep. Character and Extent The property is currently vacant. The applicant proposes to have a single family home built on this property, but needs a reduction in its width to give greater flexibility for locating the home. The jurisdiction over this drain has not been made evident as of this report. Information is forthcoming from the Public Service Department. 3 PLANNING BOARD 6100 Block of Ellendale Drive• Easement Reduction mm The request by Calvin and Nancy Meese to reduce the Wiegman Drain on their property appears reasonable based on the review of the Character, Extent and Location of the proposal. No negative impacts are anticipated from this action. RECOMMENDATION Staff recommends the request by Calvin and Nancy Meece that the City reduce that portion of the Wiegman Drain that is located on their property reserving appropriate easements as necessary be approved. 4 r�-TV.- July 1, 1997 4� a j1j(. 0.1 City of Lansing Planning Office 316 N. Capitol Lansing MI 48933-1236 ATTN: FROM: Calvin L&Nancy A Meese 5924 Coulson C ourt Lansing MI 48911 (517) 887-8780 RE: Reducing easement on Ellendale Lot (Description of lot included) We would like to have easement on newly purchased lot on Ellendale Drive, Lansing MI reduced as much as possible. It is our understanding that this drain was detached,and a new drain installed running along Ellendale. We were told it does still drain some water,but apparantly is not as important as it once was. We may wish to build closer to the north lot line; therefore we would like as much room as possible to build a new home. Thank you very much for your consideration on this matter. 611 d Act-10-97 NORTH Reduction in a portion of the Wiegman Drain Easement 1600 Block of Ellendale Street 13 51t?-6 51 y phV Vr o 013RARITAN 3547 027 2�5 h Q h u� �,\ a0 °U�49 28 /1 ' ;� o .� 0 62 63 64 65 Vo ^^ M � 41 48 29 o ` 01` 10 O �� 61 $� �9 a o 3 e 50 J103 v v 17o.7(,' \ 376 , r as �' �z°•�s' i o J� Off\ 60 h 'Z 42 9 , ry o 0 47 3 0 30 ^ i uW Q13 �� J�o.�J• _ Y ` 51 \ nJ v '9 �e ��* cgs' 03 h 43 46 31 ��\ O t 0� g $� V ' Jjj.S7' \ \ 58 52 �s' o n h o q�. 7 lu' 3 ' 4 45 32 �11 ° 1 57 05 rj ,; 53 �y,.s 3 o �`0 56 q6 ry \ 644 33 0 e5�5 ^54 _WIEGMAN DRN ESMT 43 34 5 WARRI dNGm TQ2O^2 fM 4 WJ c 41 36 v 1 \ -3 !�1 Z N 0 W 1 a 39 36 � 37 2 � M h h i i Act-10-97 NORTH Reduction in a portion of the Wiegman Drain Easement 1600 Block of Ellendale Street N 120.85 - - o\ �- ! 4G0' E I 40 2 -- - _ - -� - - - - - rn � I U1 W. _` - l -N 8- 160.I1' N' y�- ♦n A • N1�\a220N83-46'10"E 01 — PP — -- — - — N , 01 -4 I w a /t,�\oU465 i " �' \�� 05745E .y .�61 ," Nd1122.27 - - -"lw 'WEST i n O �- — I� 60.00' r - - m cn 00 �mO � O cr, 20O'5 Q, i �' o O 4O E! Oo O o N7 3 ''e 1 ,r Cn 5 �W o 0 9 i t'• 'n I� f m O N. WEIGMAN DRAIN (65' Easement) I "�N 1 O w EAST 165.715 L10' Ut. i I i ty — - - — 0 v Ut i 1 i ty EasPme:nt a WARRINGTON ST o 165.82' I EAST 165•82 � _. ._ 0 � � U � O < /K— F- rn CD Z D a z o -A ° o ro O D m f Oo -i CD O O o (D m _ o W W Ln W O rn O c - m I -I Act-5-97 Page 1 Vacation of River Street Right-of-Way south of East South Street GENERAL INFORMATION APPLICANT: Christman Constructors, Inc. 324 E. South Street Lansing, MI 48910 STATUS OF APPLICANT: Adjacent property owner. REQUESTED ACTION: Vacation of Street Right-of-Way. EXISTING LAND USE: Public Street. EXISTING ZONING: Un-zoned Right-of-Way. PROPOSED ZONING: West half "H" Light Industrial District. East half "I" Heavy Industrial District (assumes zoning of adjacent parcels.) PROPERTY SIZE & SHAPE: Approximately 250' x 50' (see graphic). SURROUNDING LAND USE: North: Red Cedar River South: Commercial/Industrial East: Industrial/Storage West: Industrial/Storage SURROUNDING ZONING: North: "H" Light Industrial and "A" Residential (across the River). South: "H" Light Industrial East: "I" Heavy Industrial West: "H" Light Industrial MASTER PLAN DESIGNATION: The South East Master Plan denotes this area as becoming either industrial or commercial in land use. CASE HISTORY: This portion of River Street was vacated 4-9- 1931 as a 80' wide right-of-way and then re- recorded as essentially a 50' wide right-of-way on 10-13-1947. Act-5-97 Page 2 Vacation of River Street Right-of-Way south of East South Street SPECIFIC INFORMATION DEVELOPER'S PROPOSAL: With the recent acquisition of 1216 River Street, Christman Constructors has purchased all the properties on either side of River Street. Due to company growth they are in the early stages of expansion. The applicant is interested in the vacation of the right-of-way to combine their properties and secure them with continuous fencing. AGENCY RESPONSES Fire Marshall: No Objection. AMERITECH: No Comment Received. Media One: No Concerns. Trans. Engineer: No Comment Received. Assessor's Office: State of MI statute says this must go to Circuit Court . Send me a copy of vacating description for review before it goes to vacating body. Consumers Power Company: No Comment Received. Board of Water and Light: See attached Memo Public Service Department: Public Service currently has a 48" storm sewer and an 8" sanitary sewer in this right of way. If the house is the only place connected. to the sanitary that pipe may be abandoned. The 48" storm is the outlet for the Diamond REO Plat and will remain active. If the street is vacated an easement for the sewers is required and no structure can be built within the easement. Attorney's Office: Must go through Circuit Court, be reviewed by the River and Waterfront Board and if sold, go before a vote of the electors. River and Waterfront Board: See Attached Interoffice Communications. Act-5-97 Page 3 Vacation of River Street Right-of-Way south of East South Street ANALYSIS With the recent acquisition of 1216 River Street, Christman Constructors has purchased all the properties on either side of River Street. Due to company growth they are in the early stages of expansion. The applicant is interested in the vacation of the right-of-way to combine their properties and secure them with continuous fencing. Evaluation The Planning Board, in accord with Act 285, Public Acts of 1931, is required to review and make recommendations regarding location, character and extent of this project. CHARACTER The 1200 block of River Street is approximately 50 feet wide and 200 feet long from East South Street to the Grand Trunk Rail Road right-of-way. The Street has served as un- paved access to 1216 River Street since at least 1927. This property has been reviewed by the Senior Preservation Planner for historic significance, who found nothing significant about the structure which is the only residential structure surrounded by industrial zoned land. A demolition permit has been issued for the removal of the structure. It appears that this portion of River Street was originally platted to provide access to the south side of the Grand Trunk Rail Road tracks, however the City's right-of-way only extends through the north half of the GTRR right-of-way, not through the south half. Additionally, the area to the south of the subject right-of-way was recently re-plated as cul- de-sac with no planned extension to River Street. Therefore, it would be very unlikely that this street would ever be extended south across the railroad into the industrial park. LOCATION The location of this portion of River Street has primarily provided vehicular and utility access to 1216 River Street from East South Street. The City of Lansing currently has a 48" box culvert at approximately a 17' depth within this portion of the right-of-way. It would be necessary to retain an easement at the current 50' width for the maintenance of this storm sewer. There may be additional services from the Board of Water and Light and Consumers Energy which may also need to utilize a utility easement. EXTENT Since this portion of River Street was dedicated by deed, it would need to be vacated. Due to the fact that a portion of the subject right-of-way is within 25 meters (82.5 feet) of the river, this vacation must go through Circuit Court. Currently, the applicant proposes to utilize the site and the adjacent property as a storage/construction yard which will be combined as one parcel and fenced. Act-5-97 Page 4 Vacation of River Street Right-of-Way south of East South Street RECOMMENDATION The staff recommends that the 1200 block of River Street be vacated as requested subject to the following conditions: LlTJG tT'1 ��Gti',4-�U..D. 1. The creation of necessary utility easements, 2. That the applicant combine the parcels into one consolidated parcel through the Assessor's Office. 3. That the applicant adheres to the Zoning Administrator's comments within the River and Waterfront Board's response and landscape and buffer the visible side to the river to assist with beautifying the river frontage. D\DATA\WPERFECT\ACT-5-97.WPD Prepared by:Steven L.Hayward,Senior Planner,(517)483-4076 E c BOARD OF WATER AND LIGHT • I` MEMO "i-.ANNING I')tV!'Sio(v CORPORATE PLANNING June 17, 1997 TO: Steven L. Hayward Department of Planning and Neighborhood Development FROM: Rosemary Sullivan, Corporate Planning Department (517) 371-6034 RE: Request for Closure of portion of River Street Request by the Christman Constructors, Inc. to request the street closure of the portion of River Street south of East South Street. The applicant is planning to expand their facilities within the area and have purchased the properties adjacent to this right-of-way. Upon securing a Demolition Permit from the City of Lansing, the applicant proposed to demolish the house located at 1216 River Street. ELECTRIC UTILITY The Electric Customer Projects and Marketing Department DOES Have OBJECTION to the demo request. The BWL has facilities that serve the subject property and adjacent property both served by distribution facilities located in this ROW. No provisions have been made for their relocation. Contact Person: Bob Strobel 371-6082 WATER UTILITY Water Technical SupporUDistribution -Water Distribution has a 06"and 01"line in area to serve 1215 and 1216 South Street. If service is to remain, easement would be required. Contact Person: Terry Robison 371-6494 ELECTRIC PLANNING AND SYSTEM STUDIES BWL uses this street right-of-way to access a distribution pole at the Railroad property. It would be to the Board's best interest to keep an easement to allow future access. Contact Person: Bruce Archer 371-6081 STEAM UTILITY No problem. Contact Person: John Huhdt. 371-6497 ENVIRONMENTAL SERVICES There are no Environmental concerns. Contact Person: Gail Peterson 371-6366 STREET LIGHTING No conflict with street lighting. If street is vacated by City, street lighting facilities will be removed. Contact Person: Roger Adsit 371-6085 06-97-05.doc CITY of LANSING INTEROFFICE COMMUNICATION To: Steve Hayward, Senior Planner CC: File From: Jim Ruff, Zoning Administrator Dane: July 23, 1997 Subject: Act-5-97, River Street R(W,Vacation As you are aware, the River and Waterfront Board does not have sufficient membership to be actively meeting and therefore can not official reply to the referral of this matter. In absence of their review and seeing that I have staffed this board for a number of years, let me at least provide some input based upon the Board's practice and existing documents. The Board basically looks at accessibility to the river, appearance from the river, and impact to the river environment. First, the vacation would normally be reviewed by the Board since the issue deals with property within 150 feet of the Red Cedar River. The property does not directly abut the river, but is separated by another right of way in excess of 50' known as E. South Street.-South Street provides continuous public access to Red Cedar River regardless of the vacation of the subject portion of River Street. Based upon these locational characteristics, the Board's typical concern with reserving public access to the river is not an issue. Secondly, the City already owns the land abutting the river, therefore the landscaping adjacent to the river-is the City's responsibility and won't necessarily change Wth the vacation of River Street. Finally, I do not have any indication that the use of the adjacent property will substantially change with the vacation of the street that would alter the environment of the river. I would encourage that as the property is redeveloped, landscaping and buffering improvements be made to beautify the river frontage. JR c:l..)ac1 Tmmo PLANNING BOARD MINUTES SEPTEMBER 3, 1997 PAGE 4 Ms. Love said, considering the length of the agenda, would members be interested in moving up the time for the Z&O Committee meeting to 3 p.m.? Mr. Ruff said people know the committee meeting starts at 4 p.m.; however, we would not get out by 5 or 5:30. Mr. Goolsby said with his schedule it would be better to go late rather than start early. Mr. Nischan said he had to leave at 5:50 p.m. or 5:55 p.m. "Rather than starting early, we will go with the regular time, so we don't throw the applicants off." 3 Urban Development Committee, Mr. Frederick, Chair. The committee last met on July 29, 1997. a. Act-5-97, Vacation of River Street Right-of-Way south of East South Street. Christman Constructors, Inc., 324 E. South Street, have requested the vacation of the River Street Right-of-way south of South Street. River Street runs south from downtown, dead-ends at the Red Cedar River, begins again south of the river, and extends one block south to a Grand Trunk Western Railroad Right of way, where it dead-ends. There is no continuation of River Street south of the railroad. The area to be vacated is essentially rectangular, and measures approximately 250 ft. x 50 ft. A house located at 1216 River Street, the only property other than Christman Constructors that the street serves, was purchased and razed by Christman, which now owns all the properties on either side of the street right-of-way. They would like to consolidate and secure all properties from vandalism. The street has served as unpaved access to 1216 River Street since at least 1927. The vacated right-of-way would assume the zoning classification of the adjacent parcels. The west half would be "H" Light Industrial District; the east half"I" Heavy Industrial District. The South East Area Comprehensive Plan denotes this area as becoming either industrial or commercial in land use. The City of Lansing currently has a 48-inch box culvert at approximately a 17-ft. depth within this portion of the right- l PLANNING BOARD MINUTES SEPTEMBER 3, 1997 PAGE 5 of-way. It would be necessary to retain an easement at the current 50-ft. width for the maintenance of this storm sewer. There may be additional services from the Board of Water and Light and Consumers Energy which may also need to utilize a utility easement. The River and Waterfront Development Board is also required to review this proposal, and a memorandum from Jim Ruff, Zoning Administrator, addresses this requirement. Due to the proximity of this right-of-way to the Red Cedar River, Circuit Court has jurisdiction over the decision to vacate the right-of-way. The committee deliberated, and, based on its review of the location, character, and extent of the proposal, found that: a. With the sale of 1216 River St. to Christman Constructors, the subject River Street right-of-way is no longer needed to provide access to the property. b. An easement at the current 50-ft. width is necessary for the maintenance of a storm sewer. C. It is no longer in the public interest to retain ownership of this portion of South Street. d. An environmental quality concern exists about outdoor storage in close proximity to the river, but Christman Constructors reports that it has had no problems with complying with all regulations. The committee moved to table the decision on Act-5-97 until the City Attorney provides clarification on the legal sufficiency of the Zoning Administrator's comments in lieu of action by the River and Waterfront Development Board, which has not met for some time and has no plans to meet in the near future. The committee has not as yet received the clarification. The issue should remain on the table. b. Act-7-97, 400 Blk. S. Grand Avenue, CATA Ground Transportation Center, ROW Reduction In 1995, the Planning Board and City Council approved Act-15-95 for land assembly for the CATA Transportation Center. CATA worked with the City on site planning and development, including improvements in the Grand Avenue right-of-way. The necessity of the right-of-way vacation arose after construction was underway. Fred Sible, Purchasing Manager for the Capital Area Transportation Authority, submitted the request for the ROW vacation. CATA, the owner and developer of the y�N S I Ai DEPARTMENT OF PLANNING AND NEIGHBORHOOD DEVELOPMENT 316 N.CAPITOL.AVENUE•LANSING,MI 4893371236•(517)483-4066• FAX:(517)483-6036 jI(CHIG �' PLANNING OFFICE David C.Hollister,Mayor MEMORANDUM TO: Urban Development Committee FROM: Steven Hayward, Senior Planner DATE: - October 21, 1997 RE: River and Waterfront Board's review of Act-5-97 Chapter 264 of City of Lansing Ordinances defines that the River and Waterfront Board must review all appropriations within 150 feet of the three waterways within the City of Lansing. On June 5, 1997 Act-5-97, the vacation of River Street south of South Street, was referred to the Rive and Waterfront Board for their review. A quorum was not in attendance, so the Board could not take action. Section 264.04 states that It shall be conclusively presumed that a matter has been reviewed by the Board as required by this chapter if the matter has been referred to the Board more than thirty days prior to its submission to Council. It is staff's interpretation of Chapter 264 that we have met the requirements of referring Act-5-97 to the River and Waterfront Board and that action by the Planning Board and City Council is appropriate. MAY 10.1993 COUNCIL PROCEEDING 186 Signed: Tony Benavides YEAS:Councilmembers Beal,Benavides,Brockwell,Canady, Bob Brockwell Ford,Lilly,Schmidt Alfreda Schmidt NAYS:None BY COUNCILMEMBER BENAVIDES: Age;Councilmember Belen That the report of the Committee be adopted. By Councilmember Lilly May 10,1993 That the ordinance be given immediate effect for the health and CARRIED UNANIMOUSLY welfare of the residents ORDINANCES FOR INTRODUCTION Carried unanimously There were no ordinances for introduction May 10,1993 t ORDINANCES FOR PASSAGE ORDINANCE NO.860 By Councilmember Lilty: AN ORDINANCE OF THE CITY OF LANSING,MICHIGAN,TO That we proceed to the passage of Ordinances. AMEND CHAPTER 264 OF THE CODIFIED ORDINANCES OF THE CITY OF LANSING, MICHIGAN FOR THE PURPOSES OF By Councilmember Lilly: CHANGING THE NAME OFTHE WATERFRONT DEVELOPMENT That the Ordinance when read be considered as read in its entirety. BOARD TO THE RIVER AND WATERFRONT BOARD,CONTINU- ING THE EXISTENCE OF SAID BOARD AND TO READOPT BY THE COMMITTEE ON PHYSICAL DEVELOPMENT CHAPTER 264: By Councilmember Lilly: The City of Lansing ordains: Section 1.That Chapter 264 of the Code of Ordinances of the Resolved by the City Council of the City of Lansing that an City of Lansing,Michigan,be amended,to read as follows: «;. Ordinance To Amend Chapter 264 of the Codified Ordinances of 264.01 PURPOSE the City of Lansing, Michigan,for the purpose of changing the THE RIVER AND WATERFRONT BOARD IS TO BE CON- tk name of the Waterfront Development Board to the River and CERNED WITH PROMOTING IMPLEMENTATION OF THE Waterfront Board, continuing the existing of said Board and to WATERFRONT PLAN THAT IS BASICALLY DIRECTED AT THE: ' readopt Chapter 264 be placed on order of immediate passage. (a)INCREASED PUBLIC ACCESS TO,AND USE OF,THE �j BY THE COMMITTEE ON PHYSICAL DEVELOPMENT C17Y'S WATERFRONT; 4 (b)DEVELOPMENT AND/OR REDEVELOPMENT OF THE By Councilmember Lilly: WATERFRONT THAT IS SENSITIVE TO PUBLIC USE AND THAT Resolved by the City Council of the City of Lansing that an IS MAINTAINED IN THE BEST MANNER POSSIBLE;AND Ordinance To Amend Chapter 264 of the Codified Ordinances of (c)PRESERVATION AND IMPROVEMENT OF THE NATURAL the City of Lansing, Michigan,for the purpose of changing the ENVIRONMENT OF THE RIVER WATER AND RIVERFRONT name of the Waterfront Development Board to the River and LAND. Waterfront Board, continuing the existing of said Board and to 264.02 DEFINITIONS. readopt Chapter 264 be now passed. AS USED IN THIS CHAPTER: YEAS: (a) "WATERFRONT" INCLUDES AN AREA OF BOTH LAND AND WATER RELATED TO THE GRAND RIVER,THE RED NAYS: CEDAR RIVER AND SYCAMORE CREEK WITHIN THE CITY.THE ABSENT: AREA OF LAND SHALL BE A STRIP OF LAND,ON BOTH BANKS OF THE WATER BODY,BOUNDED BY THE NORMAL WATER'S By Councilmember Lilly EDGE AND A LINE ISO FEET,HORIZONTAL MEASURE,FROM To table the Ordinance for one week AND PARALLELING SUCH EDGE.THE AREA OF WATER SHALL Carried unanimously, BE THE WIDTH OFTHE RIVER OR CREEK ITSELF,I.E.THE AREA, Council President Canady absent for the ACROSS THE BODY OF WATER FROM NORMAL WATER'S vote on this item EDGE TO NORMAL WATER'S EDGE.THE NORMAL WATER'S fi May 3,1993 EDGE SHALL BE DETERMINED FROM THE MOST RECENT By Councilmember Lilly TOPOGRAPHIC MAPS OF THE CITY THAT ARE ON FILE IN THE DEPARTMENT OF PLANNING AND MUNICIPAL DEVELOPMENT To take from the table the Ordinance changing the name of the AND IN THE PUBLIC SERVICE DEPARTMENT. Waterfront Development Board,continuing the existance of said (b)"WATERFRONT PLAN"REFERS TO THE DOCUMENT Board,and readopting Chapter 264;and proceed to the passage of ENTITLED PLAN FOR DEVELOPMENT OF LANSING S WATER- Ordinances FRONT, DATED FEBRUARY, 1974.COPIES OF SUCH DOCU- MENT ARE ON FILE IN THE DEPARTMENT OF PLANNING AND By Councilmember Lilly MUNICIPAL DEVELOPMENT. That the Ordinance,when read,be considered as being read in its' 264.03 ESTABLISHMENT; MEMBERSHIP; TERMS; CHAIR- entirety and that an affirmative roll be attached PERSON;COMPENSATION. THERE IS HEREBY ESTABLISHED A RIVER AND WATER- Adopted by the following vote: FRONT ROARD IN AND FOR THE CITY THE 80ARD SHALL i. i 187 COUNCIL P INIG ��J L- T?�f� MAY 10,1993 CONSIST OF EIGHT MEMBERS WHO SHALL BE APPOINTED , N THIRTY DAYS PRIOR TO ITS SUBMISSION TOCOUNCIL FROM THE CITY AT LARGE MEMBERS SHALL BE APPOINTED "a (c)FAILURETO COMPLY WITH ANYOFTHE REQUIREMENTS BY THE MAYOR WITH THE ADVICE AND CONSENT OF L OF THIS SECTION SHALL NOT AFFECT THE VALIDITY OF ANY COUNCIL EXCEPT AS HEREIN PROVIDED, APPOINTMENTS ACT OF COUNCIL AND QUALIFICATIONS OF MEMBERS OF THE BOARD SHALL 264.05 MEETING SPACE AND STAFF ASSISTANCE FROM BE CONSISTENT WITH THE PROVISIONS OF THE CITY PLANNING AND MUNICIPAL DEVELOPMENT DEPARTMENT. CHARTER REGARDING BOARD MEMBERS.THE MEMBERS OF THE DEPARTMENT OF PLANNING AND MUNICIPAL DEVEL- THE BOARD SHALL BE APPOINTED FOR FOUR-YEAR TERMS, OPMENT SHALL PROVIDE MEETING SPACE AND SUCH STAFF {� WITH TWO TERMS EXPIRING EACH YEAR.ALL CURRENT ASSISTANCE AS IS REASONABLE AND NECESSARY TO N WARD POSITIONS ARE HEREBY CONVERTED TO AT-LARGE ENABLE THE RIVER AND WATERFRONT BOARD TO CARRY I: POSITIONS.ALL PERSONS HOLDING SUCH POSITIONS SHALL OUT ITS DUTIES. CONTINUE TO SERVE AS BOARD MEMBERS FOR THE RE- 264.06 MEETINGS. MAINDER OF THE TERM OF THEIR APPOINTMENT. THE RIVER AND WATERFRONT BOARD SHALL MEET NOT THE CHAIRPERSON OF THE BOARD SHALL BE ANNUALLY LESS THAN ONCE A MONTH AND MAY MEET AT SUCH OTHER ELECTED BY THE MEMBERS OF THE BOARD.ALL MEMBERS TIMES AS THE BOARD MAY DETERMINE THERE SHALL BE A OF THE BOARD SHALL SERVE WITHOUT COMPENSATION. FIXED PLACE OF MEETING AND ALL MEETINGS SHALL BE 264.04 GENERAL DUTIES AND POLICY. OPEN TO THE PUBLIC.THE BOARD SHALL ADOPT ITS OWN (a)THE DUTIES OF THE RIVER AND WATERFRONT BOARD RULES OF PROCEDURE AND KEEP A RECORD OF ITS ARE AS FOLLOWS: PROCEEDINGS SHOWING THE ACTION OF THE BOARD AND (1) TO PROPOSE AND EVALUATE POLICIES, PROGRAMS THE VOTE OF EACH MEMBER UPON EACH QUESTION AND PROJECTS TO BRING ABOUT THE DEVELOPMENT, CONSIDERED.THE PRESENCE OF FIVE MEMBERS SHALL BE ENVIRONMENTAL PROTECTION AND IMPROVEMENT OF THE NECESSARY TO CONSTITUTE A QUORUM. RIVERS AND WATERFRONT ACCORDING TO THE WATER- 264.07 CONFLICTS OF INTEREST. FRONT PLAN AND THE BEST INTERESTSOFTHE CITYAND TO NO RIVER AND WATERFRONT BOARD MEMBER SHALL ADVISE THE MAYOR AND COUNCIL ACCORDINGLY; HAVE ANY INTEREST WHATSOEVER, DIRECT OR INDIRECT, (2)TO REVIEW AND COMMENT UPON ALL REQUESTS FOR EXPLICIT OR IMPLICIT, IN ANY PRIVATE WATERFRONT $r-;jc'1,j N'4 REZONINGS OF WATERFRONT LAND AND TO ADVISE THE DEVELOPMENT PROJECT FOR WHICH HE OR SHE MAKES A PLANNING BOARD AND COUNCIL UPON THEM; DECISION,CONTRIBUTES A JUDGMENT OR APPROVES ANY (3)TO REVIEW AND COMMENT UPON ALL BUILDING ADMINISTRATIVE ACTION. ! L -z y PERMITS FOR STRUCTURES OR PROJECTS ON WATERFRONT 264.08 EXPIRATION OF CHAPTER. LAND;AND ACCORDING TO SECTION 3-307 OF THE CITY CHARTER, S (4)TO REVIEW AND COMMENT UPON ALL PROPOSED THE ORDINANCE FROM WHICH THIS CHAPTER IS DERIVED 4o 'APPROPRIATIONSWATERFRONT DEPARTMENTS DIVISIONS (ORDINANCE SD LT SHALL EXPIRE WHICH AFFECT LAND AD TO ADVIE THE ON AP , 2003 UNLESS COUNCIL FORMAL MAYOR AND COUNCIL UPON THEM. ACTION TO RE-ENACT THE SAME (b) IT SHALL BE THE POLICY OF THE CITY THAT THE Section 2.All ordinances or parts of ordinances inconsistent with ADMINISTRATION OF THE CITY SHALL NOT SUBMIT RECOM- the provisions hereof are hereby repealed. MENDATIONS OR REQUESTS FOR REZONINGS OF WATER- Section 3.This ordinance shall take effect on April 26,1993. FRONT LAND,OR THE REFUSAL THEREOF,TO COUNCIL FOR By Councilmember Lilly FINAL ACTION UNTIL THEY HAVE BEEN REVIEWED BY THE RIVER AND WATERFRONT BOARD AS REQUIRED BY THIS That this ordinance,being necessary for the immediate preserva- CHAPTER.IT SHALL ALSO BE THE POLICY OF THE CITY THAT lion for the public peace,health,or safety shall take effect upon it's ALL APPLICATIONS FOR BUILDING PERMITS BE REVIEWED BY passage. THE BOARD AS REQUIRED BY THIS CHAPTER.IT SHALL MARILYNN SLADE,CITY CLERK FURTHER BE THE POLICY OF THE CITY THAT NO PROPOSED APPROPRIATION WHICH AFFECTS WATERFRONT LAND CONSIDERATION OF LATE ITEMS SHALL BE SUBMITTED TO OR REQUESTED OF COUNCIL BY 1/ From Councilmember Benavides; A Committee Report THE CITY'S ADMINISTRATION OR BY ANY CITY AGENCY OR recommending a change of intent for the Public Service BOARD UNTIL IT HAS BEEN REVIEWED BY THE BOARD AS Department REQUIRED BY THIS CHAPTER.IN ADDITION,ANY AGENCY'S HANDLED AS RESOLUTION#271 BUDGET MATERIAL WHICH AFFECTS WATERFRONT LAND, INCLUDING CAPITAL IMPROVEMENT PROPOSALS,SHALL BE 2/From Councilmember Benavides;A letter from MayorCrawford SUBMITTED TO THE BOARD BEFORE SUBMISSION TO THE recommending an allocation of $2,400 to the Black Child and MAYOR, AND THE BOARD'S WRITTEN RECOMMENDATIONS Family Institute SHALL BE SUBMITTED TO THE MAYOR ALONG WITH EACH REFERRED TO THE COMMITTEE OF THE WHOLE AGENCY'S RECOMMENDATIONS.THE MAYOR SHALL TRANS- MITTHEBOARD'SRECOMMENDATIONS TOCOUNCILALONG 3/ From Councilmember Benavides;A request that the rules be WITH BUDGET MATERIAL FOR THAT AGENCY. 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Ex officio councilmemberg'Lilly Allen; not in attendance. B. Excused Absences - None. C. Introductions: Eleanor Love, Planning Manager, introduced staff present, William C. Rieske, Principal Planner; and Louise H. Christian, recording secretary. 2. APPROVAL OF AGENDA - Mr. Goolsby said that Z-24-97 is tabled; there will be no action on it this evening. Approved with that amendment. 3. COMMUNICATIONS - None. 4. HEARINGS A. Act-15-97, Chestnut St., 400 Blk., Vacate for Ferris Park. Mr. Rieske presented the case, a request by the Development Office to vacate street right-of-way, Chestnut Street between Shiawassee and Genesee, to unify Ferris Park. The area is located in a residential neighborhood. The River Island Comprehensive Plan designates the area for parks and open space. A Preliminary Land Use Study, Ferris Park/Parking Lot (1989), recommends this proposed action. The vacated right-of-way would be incorporated into the park and developed according to the Ferris Park Land Use Study. There will be temporary arrangements for State of Michigan employees parking for a time until that parking can be relocated from the part that is paved. ELLEN KAYS, 427 W. SHIAWASSEE. My house is directly across from and faces the current Ferris Park parking lot. In the more than 18 years I have lived there, I have had to look at that eyesore. In the summer I have dust from the dirt lot; in the winter, I am awakened between 3 and 4 a.m. by snowplows. I have been working with other residents to get rid of the parking lot and get back the parkland. I support the vacation. It will be the beginning of the end of this particular urban blight. I want to say thank you to the Director and the staff of the Department of Planning and Neighborhood Development for their efforts. Over the past 12 years, we PLANNING BOARD NOVEMBER 18, 1997 PAGE 2 have come close a couple times. We are all extremely grateful. I understand that the dirt lot will be vacated within a couple months after the conveyance from the State to the City, but that the legislative staff will be allowed to park there for a while longer until suitable parking can be found. I am concerned about that. I would hate to see the legislative staff parking issue be shifted to a back burner. We won't let this issue rest until we have the entire two-block park back. I support the proposal. STEPHANIE WHITBECK, 620 W. IONIA, HERE AS LAND USE CHAIR OF DOWNTOWN NEIGHBORHOOD ASSOCIATION. The DNA is very grateful for all the City and staff have done on this. In the early '70s, the park suddenly turned into a parking lot. A Model Cities summer program had inner city children at a day care camp, part of the day at the YWCA and part of the day at Ferris Park. One day they went there to play, and it was being torn up and turned into this ugly eyesore. We hope full closure has been brought to this. We hope all the parking there will be eliminated. There are two kinds of parking now, dirt parking, and paved parking. If there is anything you can do to bring full closure to this, we would appreciate it. BOB COCHRAN, 403 N. SYCAMORE, DOWNTOWN NEIGHBORHOOD ASSOCIATION. I want to thank city staffers and Dennis Sykes' department for bringing this piece of Ferris Park to fruition. We support it. Eight or nine years ago, a $39,000 study proposed a gazebo, trees, benches, and picnic areas. The vacation is the first step. I would urge consideration of state parking and getting them out, the sooner the better, and relocating them to Shiawassee and N. Capitol. Thank you for this first step. Seeing no one else wishing to comment, Chairman Ruge announced the conclusion of the public hearing for Act-15-97 and referral to the Urban Development Committee, next meeting at 4 p.m., on Monday, November 24, 1997 in the Department Conference Room, 316 N. Capitol Avenue. B. Act-19-97, Capitol Ave. at Dwight St., Create Cul-de-sac at Intersection. Mr. Rieske presented the report, request by John Patenge and Peter Wagoner to close the intersection of Dwight Street with North Street in order to reduce cut-through traffic through the residential neighborhood. There are two alternatives; "A" would have a cul-de-sac on Dwight Street and have Capitol extend to North Street; and "B" would have Dwight Street turn right, or northward, onto Capitol Avenue and close off both streets for access to North Street. Both alternatives are being evaluated. PLANNING BOARD NOVEMBER 18, 1997 PAGE 3 Mr. Nischan asked if the traffic calming study has been done in the area. Mr. Rieske said no, that will be part of the consideration. One goal of the traffic study will be to address problems on a neighborhood scale rather than individual problems as they are identified on a complaint basis. A traffic calming study is scheduled for the area. Mr. Ruge asked about the petitioners; are they only people interested? How much interest is there in the neighborhood? MARY PATENGE, 126 W. NORTH ST. Our address is North Street, but our house is on the point. Our driveway is on Dwight Street. Some of the houses having a North Street address have a Dwight Street backyard. We have a petition with more than two signatures. In the 16 years I have lived there, we have had two traffic calming counters done. I am in support of the cul-de-sac. Traffic studies have shown an excess number of vehicles and excessive speed for a residential area. Vehicles use Dwight as a cut-off to avoid the traffic light at Turner and North. Only a small percentage is neighborhood traffic. Vehicles on Dwight Street disobey the speed limit and "Slow--Children" sign and the "No Trucks Allowed" sign. The west end of Dwight Street suffers more because the intersection at Capitol and Dwight is very wide, on a downhill grade, with traffic speeding up downhill especially. If they get through the light at Grand Avenue and North, they speed even faster. We have spoken with Transportation Division; the only thing we have gotten is a couple counters. They have not put up any deterrents, no speed bumps, no stop signs, nothing; they said they would not work. It's not an 8-5 problem; it happens all weekend long. This is a small residential pocket and an unsafe situation. We have a school bus pick-up on Dwight. There are other ways for emergency vehicles to enter the neighborhood. Our Community Policing officer, talking about the crime rate going up, said he did not think it would be a problem. Usually a criminal wants a quick way out. We have a tremendous amount of traffic at a high rate of speed, and it is very unsafe. Ms. Love asked Ms. Patenge if she preferred Alternative "A" or Alternative "B". Ms. Patenge said she preferred the alternative where the cul-de-sac is not on Dwight Street, but moved up to Capitol and North, the one where Capitol and Dwight make a loop. The neighborhood would still have access through Dwight around the corner to Capitol to Reasoner Park. GORDON SMALL, 109 W. DWIGHT. It is a nice residential area with 30- plus homes on the street, a street to be proud of. We do suffer from a high volume of traffic at high speeds. If we could make the loop or the cul-de-sac, it would prevent getting around the light at Turner and North. PLANNING BOARD NOVEMBER 18, 1997 PAGE 4 The City has condemned the old paint shop; it is a vacant eyesore. It is being used to store junk cars. Take that property and make a left turn lane off North Street at the light to go north on Turner, so it would be more advantageous to have a left turn. Ms. Love asked if they are going to Boichot? Mr. Small said it is not cement trucks, it is moving vans going down Washington, Riders, United Van Lines, Two Men and a Truck using a cut-off. DARLENE A. KITTLE, 106 W. DWIGHT, right across the street from Gordon, on the west end. If they are coming from the airport, if the light is green, they can really speed. I am concerned about the speed. There are children in the neighborhood who may chase balls into the street, or who shove each other at the bus stop. If we could get drivers to slow down, we would appreciate it. Our houses are being sided and landscaped. The ribbon cutting was just held at Reasoner Park. People with young children will want to use the park; it is brand-new. BILL JENKINS, 216 E. DWIGHT. I have lived on Dwight Street for 47 years. I don't see a problem. They posted the "No Trucks" and it is not being observed. Before we had new curbs and gutters, there was a "No Parking" sign between 216 and 218 Dwight, and there was no problem. Now people park there, and on the other side of the street, too, which leaves one lane in the middle which is not safe. Now there is a sign near Turner. Boichot does not come down there, but the main people are the United Van Lines across from Reasoner Park, and also Stan's Produce on the corner of Turner and Reasoner. I don't agree with the cul-de-sac design. If you have a street with no traffic, you are going to have crime problems. Also the Fire Dept. almost every day uses Dwight Street as a cut-off to go out Turner. Dwight Street has been a school bus stop for children for many years. If the City or the school board felt the street was unsafe or excessively busy, they wouldn't use it for a bus stop. If everyone in the City wanted streets closed to nonresidential traffic, nothing would move at all. This area was approved for residential and light industry. I knew that when I bought my house. RICH ROLLIS, 1710 N. CAPITOL AVE. I have lived there for about two years and I have seen some of the traffic that comes off of North Street onto Dwight Street. If there is no traffic coming towards you, it is an easy left turn. I support the cul-de-sac in principle, because something needs to be done, because it is just a matter of time until somebody is injured, especially at the corner of N. Capitol and Dwight Street. I don't agree that because the street has been used for light industry, it necessarily should be kept that way. PLANNING BOARD NOVEMBER 18, 1997 PAGE 5 ED LIPE, 111 E. DWIGHT ST. Easily, Reasoner Street, which turns into Capitol Street, could get ten percent of the through traffic. The gist of the situation is that we want to deter through traffic. When we do a traffic study, could we also post a traffic study as Capitol comes to Dwight, which picks up off Reasoner, so that it gets the total of the traffic, and that heavy truck traffic is a problem, United Van Lines. A regular Art Van truck that parks down for breakfast every morning and cuts through. If we could, when we have the traffic study, also have radar posted so that we can track violations and the speed at which the violations occur. Ms. Love explained that, throughout the City, the Traffic Dept. is doing what they call traffic calming studies in residential neighborhoods. This is a case in point of the type of thing they are looking for when they do the neighborhood studies. Of the data they gather, they do speed counts, accident data at intersections and mid-block, total traffic counts; they look at traffic control devices presently existing in the neighborhood; stop sign locations and directions facing. Can United Van Lines go out to Seagar Street and down that way? So they do have another way to get out, to Russell and Seagar, and Reasoner and Washington. We will find out when your area is scheduled. JEANNE LIPE, 111 E. DWIGHT ST. I agree with what my neighbors have said. Dwight being used as a cut-off is only saving about a block and a half. If they would just go to the light and turn left, it is only two minutes more. That's not too much to ask for, instead of cutting through our neighborhood. We don't like cut-through traffic that is going to head north on 127 or heading to DeWitt and using us as a cut-through. We have a young child. We have a fenced-in backyard, and about 15 feet of front yard. I do not let him play in the front yard. Once my husband's car was hit as we were turning in our driveway. Please take this into consideration. Seeing no one else wishing to comment, Chairman Ruge announced the conclusion of the public hearing for Act-19-97 and referral to the Urban Development Committee meeting on Monday, November 24, 1997 in the Department Conference Room. C. Act-20-97, E. St. Joseph St., Vacate Between Cherry St. and Grand Avenue - WITHDRAWN 5. COMMENTS FROM THE AUDIENCE - None. 6. RECESS PLANNING BOARD NOVEMBER 18, 1997 PAGE 6 7. BUSINESS SESSION A. Minutes for Approval: November 4, 1997. Mr. Nischan made a motion, seconded by Mr. Frederick, to approve the minutes of November 4, 1997. On a voice vote, there were: Ayes: 8; Nays: 0; motion carried unanimously; minutes of November 4, 1997 were APPROVED. B. Committee of the Whole - No report. C. Committee Reports 2. Zoning and Ordinance Committee, Mr. Goolsby, Chair. The committee met on November 12, 1997. a. LS-18-97, 521 & 527 N. Chestnut St. This is a request by John Grossman to divide a parcel of land 66 ft. wide x 198 ft. deep into two 33-ft.-wide lots so that each house can be sold separately. As it is now, nonconforming, it is difficult to get financing. Subdivision regulations require 60-ft.-wide lots in splits. The houses are being rehabilitated. A joint driveway easement will be involved; however, the two single-family homes fit without encroaching on the lot line between them, which is also the natural plat line. Variances to the subdivision regulations require approval by City Council. Staff believes that the best opportunity for these structures to be used for home-owner-occupied single family use is to re-split the lots as proposed. While the new lots could potentially be used for duplex dwelling units, these units could be in compliance with the density and off-street parking requirements of the Zoning Code. Staff recommends approval with the condition that the joint driveway easement be recorded with the new deeds to the properties. The committee found, based on testimony, evidence and the staff report, that the lot split will not adversely affect the surrounding land use or provide for an additional lot to be constructed upon but merely correct a situation that will allow these properties to be conforming to other zoning requirements, putting the houses on separate lots. PLANNING BOARD NOVEMBER 18, 1997 PAGE 7 In committee, it was moved and seconded to approve LS-18-97, 521 & 527 N. Chestnut St., recommending that the property be divided into 33-ft.-wide lots with the condition that the joint driveway easement be recorded with the new deeds to the property. Motion carried unanimously, 3-0. Mr. Goolsby made a motion, seconded by Mr. Frederick, based on testimony, evidence and the staff report, a copy of which is attached hereto, and made a part thereof, to recommend approve of LS-18-97, 521 & 527 N. Chestnut Street. PLANNING BOARD ACTION was as follows. Frederick . . . . . . . . . . . . . . ..... . . . . . Ave Goolsby Ave Greiner. . . Ave Keene .Aye Miller. Ave Nischan. Aye Smith . . Ave Ruge . Ave On a roll call vote, there were: Ayes: 8; Nays; 0; carried; unanimous; LS-18-97, 521 & 527 N. Chestnut Street was APPROVED. b. Z-23-97, 3200 Blk. W. Miller Rd., "A" Residential to "G-2" Wholesale District This is a request by the City of Lansing Development Office to rezone property located in the 3200 Block of W. Miller Rd. from "A" Residential District to "G-2" Wholesale District. This is an application by the City of Lansing to rezone the property to bring it into conformance with the Master Plan. Last year we also considered Act-7-96 which was to market this piece of property. The City Council has approved this, and there is an interested buyer. Mr. Lilly questioned the City making this application for rezoning. We discussed that at the committee. We felt it is appropriate for the City to do this request at this time in order to expedite this process. A potential buyer cannot apply for a rezoning. By the City doing this, we bring it into conformity with the Master Plan. The Development Office proposes to sell the property for warehouse, office and commercial development and/or as a possible Board of Water and Light well site. PLANNING BOARD NOVEMBER 18, 1997 PAGE 8 The rezoning of this property to the "G-2" Wholesale District would be compatible with the existing nonresidential uses and an appropriate landscape buffer to residential uses. The Southwest Area Comprehensive Plan recognizes this area as becoming industrial/warehouse use. Therefore, the rezoning is consistent with the Master Plan. There is a potential for a minor increase in vehicular traffic and little to no impact on pedestrian traffic. There should be no impacts on the environment, public service or future patterns of development. Staff recommends approval of the applicant's request to rezone vacant property in the 3200 Blk of W. Miller Road on the south side of the road from "A" Residential to "G-2" Wholesale. Mr. Goolsby informed the committee that the Council dealt with the Act 285 at the Monday, November 10 council meeting, approving the Act 285 without condition. Mr. Goolsby stated that it was all right with him, based upon the types of conditions they were and the policies of the City. Also, it was.discussed by Mr. Lilly that he thought the purchaser should have filed for the rezoning instead of the City. J. Ruff responded that since the purchaser does not have a legal interest in the property until the Council would take action on the sale of the property, the purchaser is not allowed to file for rezoning; therefore, to expedite the process and to ensure that the zoning will be in conformance with the Master Plan, the Development Office filed the rezoning request. The committee found, based on testimony, evidence and the staff report, that the rezoning would be compatible with the existing nonresidential uses and the Master Plan, and that the development of the property can be compatible with the adjacent residential uses with an appropriate landscape buffer. In committee, it was moved, seconded, and carried unanimously (3-0) to approve Z-23-97, 3200 Blk. W. Miller Rd., from "A" Residential to "G-2" Wholesale District. PLANNING BOARD NOVEMBER 18, 1997 PAGE 9 Mr. Goolsby 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 Z-23-97, 3200 Blk. W. Miller Rd., from "A" Residential to "G-2" Wholesale District. PLANNING BOARD ACTION was as follows. Goolsby . Ave Greiner .Ave Keene. . . Ave Miller . . Aye Nischan Ave Smith Ave Frederick . . Ave Ruge Ave On a roll call vote, there were: Ayes: 8; Nays; 0; carried; unanimous; Z-23-97, 3200 Blk. W. Miller Rd., from "A" Residential to "G-2" Wholesale District, was APPROVED. C. Z-24-96, 526 W. Hillsdale St., "DM-4" Residential to "D-1" Professional Office District TABLED IN COMMITTEE. d. Z-15-97, 2605 Taylor St., "H" Light Industrial District to "I" Heavy Industrial District This matter was before the committee previously. It was tabled in committee to give the applicant an opportunity to present additional information and perhaps another landscape and buffering and site. proposal. The applicant presented that; the committee and staff reviewed it. The applicant wants to rezone the west 250 feet of the property for use as an auto salvage and towing facility. The applicant is requesting a zoning map amendment from "H" Light Industrial District to "I" Heavy Industrial District for 33,000 sq. ft. of a parcel of 0.924 acres. The committee had a real concern, not necessarily with the applicant, but with what could occur in a heavy industrial zone in the future if the applicant were to vacate the premises. There is a possibility, with some additional work, that his plan could work, but the location is right across the street from a residential area, and the potential exists for even heavier industrial types of uses than what is proposed. In committee, it was found, based upon testimony, evidence PLANNING BOARD NOVEMBER 18, 1997 PAGE 10 and the staff report, and submission of the additional information, that the rezoning to Heavy Industrial would not be compatible with the adjacent residential properties. Further, the zoning of the property would allow uses significantly more harmful to the neighborhood regardless of the applicant's immediate use of the property which has created conflict within the neighborhood. In committee, it was moved, seconded, and carried unanimously (3-0) to deny Z-15-97, 2605 Taylor St., "H" Light Industrial District to "I" Heavy Industrial District. Motion carried unanimously, 3-0. Mr. Goolsby made a motion, seconded by Mr. Frederick, based on testimony, evidence and the staff report, a copy of which is attached hereto, and made a part thereof, to recommend denial of Z-15-97, 2605 Taylor St., "H" Light Industrial District to "I" Heavy Industrial District. PLANNING BOARD ACTION was as follows. Goolsby . Ave Greiner .Ave Keene. . . Ave Miller . Aye Nischan . . Ave Smith . Ave Frederick . Aye Ruge Ave On a roll call vote, there were: Ayes: 8; Nays; 0; carried; unanimous; Z-15-97, 2605 Taylor St., "H" Light Industrial District to "I" Heavy Industrial District was DENIED. At the Zoning and Ordinance Committee meeting, Mr. Miller, who was not able to be present, was granted an excused absence. Next meeting Wednesday, December 10, 1997 at 4 p.m., Department Conference Room, 316 N. Capitol Avenue. 3. Urban Development Committee, Mr. Nischan, Chair. Next meeting Monday, November 24, 1997 at 4 p.m., Department Conference Room, 316 N. Capitol Avenue. 4. Executive Committee - did not met. C. Report from Planning Manager PLANNING BOARD NOVEMBER 18, 1997 PAGE 11 Ms. Love called members' attention to the packet containing the annual evaluation by Planning Board members of the work of the Department, a charter requirement. In addition to that, the work program we are presently operating under is also attached. The work program is set in four sections, Administration, Comprehensive Planning Services, Zoning and Land Use Controls, and Clerical Support. Administration is ongoing, with the number one priority being the need to update the Comprehensive Plan. A copy of the Work Program is attached. Neighborhood plans, the Principal Shopping District Plan, GIS, and Historic Studies were identified as top priorities in Comprehensive Planning. Ms. Love also reviewed other office functions. Regarding Z-14-97, 233-235 N. Pine St., "D-2" Res./Office to "D-1" Prof. Office, the Chair of the Development and Planning subcommittee of Council has asked that I facilitate between the applicant and the neighborhood at a meeting next Tuesday morning. D. Pending Items: Future action required 1. Urban Development Committee a. Act-2-96, 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 (UDC Tabled November 26, 1996) e. Act-3-97, Paulson Park Sale (Tabled April 22, 1997) 8. NEW BUSINESS - None. 9. COMMENTS FROM CHAIRPERSON Chairman Ruge asked for a copy of an article from MAPA Magazine. 10. COMMENTS FROM BOARD MEMBERS Mr. Nischan thanked Ms. Love for the 1996-97 Planning Board-City Council actions. He asked, for the Urban Development Committee meeting on Monday, November 24, 1997, for the traffic calming schedule for the Capitol-Dwight-North neighborhood in Act-19-97. He also requested recommendations for disposition of all Pending Items under the Urban Development Committee. PLANNING BOARD NOVEMBER 18, 1997 PAGE 12 Ms. Love noted, concerning Act-14-97, Osborn Street, Street Widening/Right-of- way Acquisition, there is a Council policy established in 1979 that says if you take dedicated parkland for another public purpose, you have to get fair market value if you are selling it to another public entity. If you are trading from one department to another, you have to get an equitable trade such that the recreational space of the Lansing residents is not diminished. They asked for a recommendation. Bill suggested, on the Osborne site, that since Public Service wants that sliver along Osborne from Parks, and Parks wants the back part of Parking Lot No. 7 on Washington, that a swap be arranged. We need to make that a formal recommendation as part of the transmittal to the Mayor and Council so that they can adopt that in accordance with their policy done in 1979. Bill will be bringing that to the Urban Development Committee as part of an addendum to Act-14-97. Ms. Love said that the staff on behalf of the Board should recommend to the City Council an appropriate course of action in accordance with their policy. Mr. Nischan suggested a discussion in the Committee of the Whole; Mr. Goolsby said the Board can refer the matter to the Committee of the Whole for discussion at the next meeting. Mr. Smith said he would be attending the Walkable Communities Short Course in East Lansing Wednesday and Thursday, November 19 and 20, with Mr. Ruge and Senior Planner Donna Wynant. Mr. Smith also remarked on questions from Council Members about why, frequently, no comments or responses have been received from various departments. He too was curious. Mr. Rieske said, for example, on Act-15-97, some of the responses had been received, and some had not. Some changes will be made to the staff report prior to the next meeting. We try to list responses verbatim, but sometimes we do not receive responses. "No response received" is different from "No comment." Ms. Love said some departments are very good at supplying comment. If we think comment from a particular department would be particularly germane, we prod them. Some agencies are very good at responding, for example, Board of Water and Light never fails to return a response. Mr. Miller said, regarding the GIS in the work plan, he is interested. He chairs the Department of Environmental Quality's GIS efforts and works extensively with Arc View and ARC/INFO. He was concerned about the consultant--some applications are flashy and impressive, and others, though less dazzling, are nevertheless basic but vitally important. "I see tremendous applications for GIS within the City." It will be a valuable tool for the Assessor, for the base map used for the Census Bureau, and for groundwater management. "It is important that we recognize the other aspects of this." Ms. Love said on December 3 at 9 a.m., there is an interdepartmental meeting including Board of Water and Light. PLANNING BOARD NOVEMBER 18, 1997 PAGE 13 Ms. Keene asked about the MSPO session in January 14, 1998, from 12:30 to 4:30 p.m. on Master Planning in the evening at the Doubletree in Novi. Ms. Love will register for eight or nine people. Mr. Frederick reported on the marathon BZA meeting lasting until 11:30 p.m. One of the highlights was the approval of the variance on setback for BRD Printing in Seven Block area. Another thing was a parking structure that Ferguson is going to be putting up next door to a building Ferguson is restoring, very close to his development, in the floodplain. His request was granted, but the BZA was interested in ensuring that the back part of the parking structure be in keeping with the historic nature of Old Town, because that part of the structure will be viewed from the River Trail. "I was asked to convey that interest when it is presented to us." 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS Mr. Frederick said he wanted to congratulate Mr. Ruff on getting rid of the elephant. It is gone. Mr. Miller said the heavy equipment on Pennsylvania is still there, and they are moving it closer to the street. Mr. Smith brought the current issue of American Prospect that has an article called "Metropolis Unbound" by Robert Geddes. It is also on the Internet. Mr. Geddes is the former dean of the School of Architecture at Yale. Mr. Rieske remarked about the resolution on the American Heritage Rivers initiative. Mr. Nischan made a motion, seconded by Mr. Miller, that the Planning Board support the American Heritage Rivers initiative; voice vote, unanimous; carried. Mr. Goolsby said he would support the resolution; however, he was concerned about the river becoming "a laboratory for reinvention of federal programs. . . . " Ms. Love congratulated Mr. Ruge on the recent birth of Christopher John Ruge. 2. ADJOURNMENT - was at 9:05 p.m. Respectfully submitted, Eleanor K. Love, Secretary Lansing Planning Board Unn111897 a:\43 LS-18-97 521 & 527 Chestnut Street Variance from the minimum lot width requirement GENERAL INFORMATION PROPERTY OWNER: John M. Grossman 1954 Maple Street Holt, MI 48842 EXISTING ZONING: "C" Residential District REQUESTED ACTION: Split the current parcel in half (one 66 foot wide lot into two 33 foot wide lots). This action requires a variance from the minimum lot width requirement of 60 feet. Section 1236.07 of the Subdivision Regulations requires the minimum lot width of all lots platted or created from existing parcels, lots or unplatted land shall be sixty feet at the building line... EXISTING LAND USE: Two single family residential homes PROPERTY SIZE & SHAPE: 66 feet by 198 feet ( 13,068 square feet) SURROUNDING LAND USE: N: Single Family and Two Family Residential S: Two Family Residential E: Single Family and Two Family Residential W: Single Family and Two Family Residential SURROUNDING ZONING: N: "C" Residential District S: "C" Residential District E: "C" Residential District W: "C" Residential District MASTER PLAN DESIGNATION: The River Island Area Comprehensive Plan, Future Land Use Map, designates this area for medium density residential development (20 - 50 units per acre). CASE HISTORY: According to records from the City Assessor's office, the subject structures were built in the 1870's. This area is part of the City's original plat, and was platted with 66' by 165' lots. At the time these structures were built, they were built on half lots. At some later date, these two half lots were combined and LS-18-97 521 & 527 Chestnut Street page 2 Variance from the minimum lot width requirement additional property was added to the rear in order to increase the off street parking area (see Site Plan). AMERITECH TELEPHONE: No response received. ASSESSOR: If Council approves this split during 1997 we can divide it for the 1998 Roll. If Council approves after Jan 1 '98 we can't divide on Tax Rolls until 1999 tax year. Make sure Council has a good set of descriptions to vote on. BOARD OF WATER & LIGHT: The Electric Customer Projects and Marketing Department does not object to this request. Water Technical Support/Distribution - no conflict. Steam utility - no steam BUILDING SAFETY: Property boundary must be at least 3' from any door or window openings or the openings must be removed. Wall closer than 3' must.have afire resistant rating of 1 hour. Table 5-A City of Lansing Uniform Building Code 1994 edition. CODE COMPLIANCE: No response received. CONSUMERS ENERGY: No response received. COMMUNITY DEVELOPMENT: Width of lots would appear to be the same as those on either side of subject property once divided. It appears that joint driveway situation will result. Easement on deed will be required to assure use of joint drive in future. Make split conditional on owner providing deeds with easement language. Make sure deeds yet filed with county. MEDIA ONE: No response received. PUBLIC SERVICES : Public Service has no requirements for this lot split but recommends the southern parcel has an easement of ingress and egress to the asphalt parking. LS-18-97 521 & 527 Chestnut Street page 3 Variance from the minimum lot width requirement Applicant's Proposal The applicant is proposing to re-split the property so each structure is on a separate lot. Each lot would be 33 feet wide by 198 feet deep, or 6,534 square feet. The proposed lot sizes are consistent in width with other established lots of record in the neighborhood (see Area Map) and would actually be 33 feet deeper than most other lots in the same block. Currently, the property is used for two single family units. If the lot split is approved, two possibilities exist: ► the lots could be sold and used as home-owner occupied single family units; ► each structure could be converted into a duplex dwelling unit, with up to two bedrooms in each unit, and still be in compliance with the "C" Residential District. There is sufficient parking on each lot to meet the requirements for either single family or two family use. The applicant has also provided a joint driveway easement to be recorded with the new deeds for the properties. Each structure appears to meet the minimum setback requirements for the "C" Residential District. Analysis Staff believes that the best opportunity for these structures to be used for home-owner occupied single family use is to re-split the lots as proposed. While the new lots could be used for duplex dwelling units, these units could be in compliance with the density and off-street parking requirements of the Zoning Code. RECOMMENDATIONS: Staff recommends approval with the condition that the joint driveway easement be recorded with the new deeds to the properties. Respectfully Submitted, Jim Sturdevant, AICP Senior Planner July 24, 1997 LS-18-97.FE i CERTIFICATE OF SURVEY— 1at4t sore ,sa 7 Al C<i es7nk;"'- LOgal_Descriptiout (As Furnished) ���� PG•�� LOT #10 LOT #11 1"= 6 AI. OUT N FENCE ox our LOT Loil oPOVA LAW t a. a LOT #3 LOT #2 DECK 19 16. 3' 2 STORY FRAME 2 STORY 'o RES,b, FRAME . iq RES. 26* DECK GRAVEL 1 1 1 66,TO STREET I.MJE � 6' CONC. JASPR CHESTNUT STREET o set Line stake D s Deeded Distance H - measured Distance • sound As doted P - Platted Distance o sat Iron and Cap we hereby certify that we have surveyed the property herein describadl that the buildings and inprove"at■ as shown are entirely within the property lines and that there are no visible ancroachsients upon the above described property, except as shown hereon. FRED WHITE ENGINEERING COHPANI 2300 north Grand River Avenue �Nwhita, p.s. #12034 Lansing, Michigan 48906 survey Not 977236 Phone (517) 321-7111 Dates February 21, 1997 12 4 © © r IIIN loorp ,■ `I,I mom NJ 1 o■ II 01 857.7 ,© FERRISPARK �q oil 0 -,d , i �■ ollow I r I�0Il0$1 �1 �/ Io,tsll I r ' I � � • , 4 , I rt I Z-23-97 3200 Block of W. Miller Road "A" Residential to "G-2" Wholesale District GENERAL INFORMATION APPLICANT: City of Lansing - Development Office 316 N. Capitol, Suite 2 Lansing, MI 48933 STATUS OF APPLICANT: Owner REQUESTED ACTION: Rezoning EXISTING LAND USE: Vacant land EXISTING ZONING: "A" Residential PROPOSED ZONING: "G-2" Wholesale District PROPERTY SIZE & SHAPE: Approximately 8.73 acres SURROUNDING LAND USE: N: Residential S: 1-96 Expressway E: Vacant W: Vacant SURROUNDING ZONING: N: "A" Residential & "C" Residential S: Public Right-of-Way E: "G-2" Wholesale W: "A" Residential MASTER PLAN DESIGNATION: The Southwest Area Comprehensive Plan recognizes this area for warehouse use. SPECIFIC INFORMATION DEVELOPER'S PROPOSAL: The City of Lansing is proposing to rezone vacant property in the 3200 Blk of W. Miller Road on the south side of the road from "A" Residential to "G-2" Wholesale. The Development Office proposes to sell the property for warehouse, office and commercial development and/or as a possible well site for the Board of Water and Light well site. Z-23-97, 3200 Block of W. Miller Road, Page 2. BACKGROUND: AGENCY RESPONSES: AMERITECH: No response received yet. Assessor: No comments. BWL: Electric Utility The Electric Customer Projects and Marketing does not have an objection to this request. Water Utility Water Technical Support/Distribution - BWL can service property for commercial. No conflict with request. BWL has a continuing interest in acquiring a portion of the property for a well site. Building Safety: No objection. City Attorney: No response received yet. Consumers Energy: No response received yet. Media One: No concerns at this time. Development: The property is being rezoned pursuant to the P.A. 285 review recommendation adopted by the Planning Board. The warehouse zoning is also required by the prospective purchaser of the property for a proposed tractor sales outlet. Lansing Neighborhood Council: No response received yet. Fire Marshal: No response received yet. Parks & Rec.: Proposal looks fine as long as it is compatible with adjoining land uses. Public Service: No objection to the rezoning, however it should be noted Report Prepared by DMW 11/97. Z-23-97, 3200 Block of W. Miller Road, Page 3. that storm drainage may be quite involved. A site plan is required prior to any construction of a development. Trans. Eng. No response received yet. ANALYSIS COMPATIBILITY WITH SURROUNDING LAND USE The subject parcel is located on the south side of W. Miller Road approximately 440' west of Wise Road and consist of various uses. The abutting property to the east is owned by Gordon's Food Service and has warehouse buildings, a former church building and a residence which are used for office purposes. The majority of the properties to the north and west consist of residential uses and the 1-96 expressway is located to the south. The rezoning of this property to the "G-2" Wholesale District is compatible with the majority of existing use. Landscape buffering appropriate with the development is essential. COMPLIANCE WITH MASTER PLAN The Southwest Master Plan denotes this area as becoming an industrial/warehouse land use. The zoning is consistent with the Master Plan. IMPACT ON VEHICULAR AND PEDESTRIAN TRAFFIC If the vacant property is used for warehouse, office or commercial development, there will be a potential increase in vehicular and/or pedestrian traffic. However, the property may also be used as a well site for the Board of Water and Light, lessening the impact. Miller Road is considered a collector street and there is potential for a minor increase in vehicular traffic because the "G-2" Wholesale District is more intense than the present zoning which allows low density residential. ENVIRONMENTAL IMPACT None anticipated. However, if a building is being constructed, there will be a temporary disruption, during the construction period, in the environment as with any new development. Report Prepared by DMW 11/97. Z-23-97, 3200 Block of W. Miller Road, Page 4. PUBLIC SERVICE IMPACT None anticipated. IMPACT ON FUTURE PATTERN OF DEVELOPMENT The rezoning of this vacant parcel should have no adverse impact on any future pattern of development since the Southwest Area Comprehensive Plan recognizes this area as becoming an industrial/warehouse land use. OTHER The City of Lansing purchased this 8.73 acre parcel on May 30, 1974 for the purpose of developing a south end fire station. This proposed public purpose is no longer intended for the site. An Act 285 Review (Act-7-96) was conducted on the subject property to allow the property to be marketed finding that it is no longer needed for its initially intended use. Planning staff recommended approval of the Act 285 Review with the following conditions: That the Board of Water and Light submit a proposed site plan to the Planning Office showing proposed location of well and necessary easements. This information will be reviewed, and if found reasonable in size and with minimal effect on property value, it will be allowed. If this necessitates an amendment to the February 1, 1996 appraisal, it is recommended that the City's fee be paid with BWL funds, That the City of Lansing's Real-estate Broker advertise for potential businesses for the City of Lansing to partner with MDOT for an Economic Development Grant to upgrade the necessary portion of W. Miller Road from a Class "B" to "A" road; That the sale of this property be contingent upon the potential developer submitting a rezoning request to a district.that would facilitate the industrial/wholesale purposes as identified in the Southwest Master Plan. That the proceeds of the funds be utilized to (1) pay back appraisal account, other accounts for surveys, etc, (2) Balance of revenues to infrastructure account per Council policy or for improving road from Class "B" to "A". Report Prepared by DMW 11/97. Z-23-97, 3200 Block of W. Miller Road, Page 5. SUMMARY The rezoning of this property to the "G-2" Wholesale District would be compatible with the existing nonresidential uses and an appropriate landscape buffer to residential uses. The Southwest Area Comprehensive Plan recognizes this area as becoming i ndustria Vwarehouse use. Therefore, the rezoning is consistent with the Master Plan. There is a potential for a minor increase in vehicular traffic and little to no impact on pedestrian traffic. There should be no impacts on the environment, public service or future patterns of development . RECOMMENDATION Staff recommends approval of the applicant's request to rezone vacant property in the 3200 Blk of W. Miller Road on the south side of the road from "A" Residential to "G-2" Wholesale. 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On S 86.32'E^ /6q�33'. t HIGHWAY 1-96 Z-15-97 2605 Taylor Street "H" Light Industrial to "I" Heavy Industrial District GENERAL INFORMATION APPLICANT/OWNER Gary Bauman, Best Auto by CONTRACT: 2605 Taylor Street Lansing, MI 48906 OWNER OF RECORD Hubert & Mildred Wade 2048 Eden Street Leslie, MI REQUESTED ACTION: Rezoning from "H" Light Industrial to "I" Heavy Industrial District LOCATION: West side of Taylor Street, west of the west end of Randolph Street, south of Filley Street, northeast of the Conrail rail yard (see Figure 1, Area Map) EXISTING LAND USE: Former location of Wades All Car Service EXISTING ZONING: "H" Light Industrial District PROPERTY SIZE & SHAPE: The west 250 feet ( 33,000 sq. ft.) of a parcel that is 305 feet by 132 feet ( 0.924 acres) SURROUNDING LAND USE: N: Commercial S: Industrial E: Single Family Residential W: Industrial, Transportation SURROUNDING ZONING: N: "H" Light Industrial District S: "I" Heavy Industrial District E: "B" Residential District W: "I" Heavy Industrial District MASTER PLAN DESIGNATION: The Northeast Area Comprehensive Plan, 1990, designates the subject property for industrial and warehouse use. The Plan also call for maintenance of the existing residential neighborhood to the east. Taylor and W. Randolf Streets are designated as local streets, while Filley Street is designated as a truck route. CASE HISTORY: The subject property was rezoned from "A" page 2 Z-15-97 "H" Light Industrial to "I" Heavy Industrial District CASE HISTORY: The subject property was rezoned from "A" Residential District to "H" Light Industrial District in 1958. APPLICANT'S PROPOSAL: The applicant wants to rezone the west 250 feet of the property for use as an auto salvage and towing facility. AGENCY RESPONSES: BOARD OF WATER AND LIGHT: The Electric Customer Projects and Marketing Department has no objections to the proposal as presented. Water Technical Support/Distribution - No comments on rezone. BUILDING SAFETY: No response received. CITIZEN PARTICIPATION GROUP: No response received. CODE COMPLIANCE: A Zoning ordinance, correction notice was sent to Best Towing, 6-19-97. He then called an suggested he talk to zoning. He has applied for a variance. No other action will be taken pending the outcome of the request for a zoning change. COUNCIL OFFICES: No response received. CONRAIL: No response received. DEVELOPMENT: No Comment ECONOMIC DEVELOPMENT/TIFA: The EDC has no objection to the proposed rezoning. FIRE MARSHALL: No objection to this plan. INGHAM CO. DRAIN COMMISSION: No response received. INGHAM CO. HEALTH DEPT.: See attached letter. MI DEPT. ENVIRONMENTAL QUALITY:No response received. page 3 Z-15-97 "H" Light Industrial to "I" Heavy Industrial District MI DEPT. NATURAL RESOURCES: No response received. LANSING POLICE DEPT.: No response received. PUBLIC SERVICES: No adverse impact to sewer system. A site plan will be required prior to any new construction. TRANSPORTATION: The present use of this property has generated traffic and parking complaints from the adjacent residents. A more intensive use of this property is not recommended. There are no parking regulations on Taylor Street as long as one passable lane is maintained. Difference Between "H" and "I" Districts The Zoning Code defines land uses that are permitted in the "H" Light Industrial and "I" Heavy Industrial Districts with a distinct difference. The"H" Light Industrial District requires most industrial processing occur in an enclosed structure. Both zoning districts permit a motor vehicle repair station as a use subject to special conditions, or which meets all of the following conditions: All activities shall be conducted within an enclosed structure. Any vehicle stored on the lot shall be stored in an enclosed structure or within a completely fenced area. The "I" Heavy Industrial District permits a salvage yard as a use subject to special conditions, which meets all of the following conditions: The materials are enclosed by a structure or a fence, not less than eight feet in height, that obstructs vision. The materials stored within twenty feet of the fence described in paragraph (j)(1) hereof shall not exceed the height of the fence. A plan is submitted to and approved by the Planning Division, which plan shows the type and location of the fence. No outdoor burning occurs on the lot on which the salvage yard is located. Essentially, the "H" Light Industrial District and "I" Heavy Industrial District permit motor vehicle repair and associated outdoor storage, while the "I" Heavy Industrial District permits the outdoor processing and storage of salvaged vehicles. There is a significant difference between the potential operational characteristics of motor vehicle repair and salvage operations. The salvage operation is regulated to the "I" Heavy Industrial District because it typically involves operations that occur out-of- page 4 Z-15-97 "H" Light Industrial to "I" Heavy Industrial District doors, such as vehicle disassembly and car crushing, and have associates!' noise impacts. It also involves longer term out-of-door storage than would be typical for a motor vehicle repair establishment. ANALYSIS The potential impact of the proposed zone change is discussed below. COMPATIBILITY WITH SURROUNDING LAND USE The proposed use of a salvage yard is not compatible with the adjacent residential neighborhood. Staff believes this to be the single most important factor which this proposed development could impact. Relative to most land use impacts (noise, air quality, view, etc.), the proposed industrial development (outdoor processing and storage of scrap motor vehicles) is more intensive than the current railroad use on the adjacent "I" Heavy Industrial District. Typically, a function of the Zoning Ordinance is to provide for a transition of land use intensity between residential areas and non-residential areas. This "land use transition" is not well established between the residential neighborhood east of Taylor Street and the industrial area west of Taylor Street; however, the proposed zoning of "I" Heavy Industrial actually creates less of a transition (or more of a contrast) between the land use of adjacent properties on either side of Taylor Street. COMPLIANCE WITH MASTER PLAN The Northeast Area Comprehensive Plan, 1990, designates the subject property for industrial and warehouse use. The Plan also calls for maintenance of the existing residential neighborhood to the east. Taylor and W. Randolf Streets are designated as local streets, while Filley Street is designated as a truck route. Decreasing the level of transition between the residential and industrial areas would not be consistent with the Plan's intent to protect the existing residential neighborhood. IMPACT ON VEHICULAR AND PEDESTRIAN TRAFFIC As indicated by the Transportation Engineer's comments, "the present use of this property has generated traffic and parking complaints from the adjacent residents. A more intensive use of this property is not recommended. There are no parking regulations on Taylor Street as long as one passable lane is maintained." While some of the parking complaints may be associated with the motor vehicle repair aspect the business establishment (which is permitted by the current zoning), the proposed salvage business may increase heavy truck traffic to the site; however, it is difficult to assess if there would be any significant difference in the impact of the proposed salvage operation and other uses permitted by the current "H" Light Industrial District. page 5 Z-15-97 "H" Light Industrial to "I" Heavy Industrial District ENVIRONMENTAL IMPACT The applicant has submitted a "Pollution Incident Prevention Plan" which has been approved by the Ingham County Health Department, Bureau of Environmental Health (see attached letter). Therefore, it appears that preventative measures, in accordance with environmental codes, have been implemented to prevent soil and groundwater contamination. The proposed salvage yard may have a negative environmental impact due to potential for increased noise and long term outdoor storage of scraped vehicles. IMPACT ON FUTURE PATTERNS OF DEVELOPMENT Approval of this project may have impact future development patterns in that the stability of the established single family residential neighborhood may be negatively impacted by an outdoor salvage and storage facility. Decreased home ownership, or market pressure for the transition of adjacent residential structures to non-residential use, may influence future development patterns. SUMMARY The applicant is requesting a zoning map amendment from "H" Light Industrial District to "I" Heavy Industrial District for 33,000 sq. ft. of a parcel of 0.924 acres. Staff's major concerns are the potential decrease in land use transition between an existing single family residential neighborhood and the subject site, and the potential for increased noise from a salvage operation. RECOMMENDATION Staff recommends denial Respectfully Submitted, Jim Sturdevant, AICP Senior Planner Z-15-97.FE Jm;" auni�,Jlea& �e �e Bruce B.Bragg,M.P.H.,Director OoO�VV� Dean G.Sienko,M.D.,M.S.,Medical Director Human Services Building � � ��� d✓�eslfi(l 5303 South Cedar Street (517) 887-4312 P.O. Box 30161 Lansing, Michigan 48909-7661 FAX (517) 887-4560 July 31, 1997 Mr. Jim Sturdevant, Senior Planner ' City of Lansing Dept. Of Planning J, 5 316 N. Capitol Ave. Lansing, MI 48933-4066 RE: File No. Z-15-97, 2605 Taylor Street, Lansing, MI Dear Mr. Sturdevant: Please accept these comments on behalf of the Ingham County Health Department, Bureau of Environmental Health regarding the above mentioned site. We have personally visited the site and have the following comments to offer: 1. The owner of Best Auto Repair and Services (Mr. Gary Bauman) has complied with the requirements set forth by this Department. He has contained his critical/hazardous materials and has an approved Pollution Incident Prevention Plan on file with this office. 2. Along with the City of Lansing wastewater treatment plant (WWTP) personnel, we have inspected the drain system and found it to be functional and terminates at the wastewater treatment facility. 3. There are at least 3 monitoring wells located on the North side of the site which are associated with the Oven Fresh Leaking Underground storage tank cleanup. If, in the future, these wells are not used for sampling purposes they should be properly abandoned by the potentially responsible parry (PRP) to prevent further contamination of the aquifer. 4. Our experience with Mr. Bauman to date has been positive and he has strived to operate in an environmentally responsible manner. If you should have any questions regarding this site please feel free to contact me at your convenience. We appreciate the opportunity to make comment on this permit application. Sincerely, 's� Mark C. Piavis Bureau of Environmental Health MCP:mwt Ingham County is an Equal Opportunity, Affirmative Action Employer, M/F RECEIVED To Whom it may concern, 7� PLANNING DIVISION My wife and I are Residents of Lansing, we live at 422 W. Randolph St., Lansing. We are writing to express our opinion on the Heavy Industrial Project in our neighborhood. Not only will this he an una voidahle eyesore, but will also cause property values to decrease and expose children and pets to an unsafe environment, whether it he increased pollution or physical harm. We hope that our disapproval of this change is quite clear and we would also ask that this he considered upon disapproval / approval of the Heavy Industrial Zoning. Thank you, Andrew and Eileen Grosnickle 422 W. Randolph Lansing MI. 48906-2953 (517) 484-4614 815197 r Regular Meeting LANSING PLANNING BOARD 7 p.m.,Tenth Floor City Council Chambers, Lansing City Hall Tuesday, November 18, 1997 AGENDA 1. OPENING SESSION in City Council Chambers at 7 p.m. A. Roll Call B. Excused Absences C. Introductions 2. APPROVAL OF AGENDA 3. COMMUNICATIONS A. 4. HEARINGS A. Act-15-97, Chestnut St., 400 Blk., Vacate for Ferris Park B. Act-19-97, Capitol Ave. at Dwight St., Create Cul-de-sac at Intersection B. Act-20-97, E. St. Joseph St., Vacate Between Cherry St. and Grand Avenue - WITHDRAWN 5. COMMENTS FROM THE AUDIENCE (5 minutes each) 6. RECESS 7. BUSINESS SESSION A. Minutes for Approval: November 4, 1997 B. Committee of the Whole C. Committee Reports - 1. Committee of the Whole 2. Zoning and Ordinance Committee a. LS-18-97, 521 & 527 N. Chestnut St. b. Z-23-97, 3200 Blk. W. Miller Rd., "A" Residential to "G-2" Wholesale District C. Z-24-97, 526 W. Hillsdale St., "DM-4" Residential to "D-1" Prof. Off. Dist. d. Z-15-97, 2605 Taylor St., "H" Light Industrial District to "I" Heavy Industrial District Next meeting Wednesday, December 17, 1997 at 4 p.m., Department Conference Room, 316 N. Capitol Avenue 3. Urban Development Committee Next meeting Monday, November 24, 1997 at 4 p.m., Department Conference Room, 316 N. Capitol Avenue. DRAFT TO CLERK 121597 APPROVED 410698 TO CLERK 012398 Minutes of the Regular Mee irF IVE D LANSING PLANNING ROARO 7 p.m., City Council Chambers Tenth Floor, Lansing Cii�M,'Qf'u CITY CLERK 124 West Michigan Avenue Tuesday, December 2, 1997 1. OPENING SESSION A. Roll Call: Present: Frederick, Goolsby, Greiner, Keene, Miller, Nischan, Ruge, Smith; eight members present. Ex officio councilmembers Lilly, Allen; not in attendance. B. Excused Absences - None. C. Introductions: Eleanor Love, Planning Manager, introduced staff present, James A. Ruff, Zoning Administrator, and Louise H. Christian, recording secretary. 2. APPROVAL OF AGENDA - A revised agenda was distributed. Item B. Committee of the Whole, 1. Act-14-97, Osborn Street, Street Widening/Right-of- way Acquisition was pulled from the agenda. The revised agenda was approved. 3. COMMUNICATIONS - None. 4. HEARINGS A. Z-25-97, 300 Blk. S. Butler, W. Side, "C" Residential to "D-1" Professional Office District Mr. Ruff presented the case, a request by the City of Lansing Development Office, owner of the properties in part of the 300 Blk. S. Butler, to rezone the properties from "C" Residential to "D-1" Professional Office District. The Seven Block Development Plan designates this area as Professional Office and to be so zoned. The prospective development includes single-family and mixed residential office use consistent with the Seven Block Development Plan. DIANNE CLARK, 921 W. LENAWEE ST. I also chair the Seven Block Citizens District Council. We are at a point in the Seven Block Citizens District Council where we realize that the plan needs some extensive amendments. We meet tomorrow night. A proposal was pulled from last night's agenda. I am wondering if this also should be tabled until we look at the plan and how we decide how to amend the plan as a whole rather than on a piecemeal basis. Maybe we would want to not make an amendment at this time or move forward with a proposal that might be addressed or have to be changed later on in the plan. We don't have a PLANNING BOARD DECEMBER 2, 1997 PAGE 2 prospective developer. We want to come up with something that would be attractive to some prospective developers. Ms. Love said this is a public hearing. We don't take action the night of the public hearing; this is to receive input from the residents. Your comments concerning tabling will be taken into consideration when the committee meets. STEPHANIE WHITBECK, 620 W. IONIA, here as the Land Use Chair of the Downtown Neighborhood Association. The Association has been in existence for 20 years, and the boundaries are the river, the river, the river, King, which in fact means that Seven Block is within what has been our traditional boundaries. They have their own neighborhood Association, predominantly through the CDC. We are here as the Downtown Neighborhood Association in support of the residents who live in Seven Block; we are here in opposition to the petition that is forwarded to you from the Development Division of the Planning Department to rezone this. We believe it is precipitous to be considering a rezoning of this land when there is no one who has an ownership interest in this land with a plan to specifically develop it. Yesterday's Council meeting pulled a resolution in which there was a proposal to transfer property in order to move the two Credit Union properties. It seems unusual when there is a proposal that was going to Council yesterday for something that is residential, to have before you today a rezoning to rezone it for "D-1" use. Residential under "D-1" would not be a principal use but a special use with conditions. It is already zoned for residential purpose. There is no evidence that there is any need for any office space in that area even though it is currently part of the Seven Block Plan. We will give you tonight an assessment that we have done several weeks ago that is not an exhaustive study, but it is an accurate study, that there are clearly 1.25 million sq. ft. of vacant commercial and office space in the central business district. This suggests to us that if it is difficult getting it filled there, it is ridiculous to try to fill it in the middle of any of these neighborhoods, or a place like Seven Block. Although the Seven Block Plan allowed for office space there, clearly, what was at the core of that entire redevelopment that everybody has been trying to accomplish for years is the problem of housing stock that is in bad condition, and far too much rental property. It doesn't make sense to do anything other than what the Seven Block really was about, which is to have owner-occupied property in that area, and for all of these reasons, we oppose it, and we hope in your wisdom, you also will do so. We were not able to get a written response to you by the deadline at noon today. We were somewhat involved in a number of meetings with the City and so we have PLANNING BOARD DECEMBER 2, 1997 PAGE 3 a copy for everybody of our response, which we would like to give them, as well as the inventory of vacant space. Seeing no one else wishing to comment, Chairman Ruge announced the conclusion of the public hearing for Z-25-97, 300 Blk. S. Butler, W. Side, "C" Residential to "D-1" Professional Office District and referral to the Zoning and Ordinance Committee meeting on Monday, December 10, 1997 in the Department Conference Room. B. SLU-12-97, NE Corner of Miller & Waverly Roads, Church Mr. Ruff presented the case, a request by Rev. C. Clayton, New Mt. Calvary Baptist Church, to construct a new church on the northeast corner of Waverly and Miller Roads. The property is currently vacant, zoned "F" Commercial. In this zoning, churches are allowed with a special land use permit. The irregularly-shaped site is approximately 5 acres in size. REV. C. CLAYTON, PASTOR, NEW MT. CALVARY BAPTIST CHURCH. don't have anything to add. Seeing no one else wishing to comment, Chairman Ruge announced the conclusion of the public hearing for SLU-12-97, NE Corner of Miller & Waverly Roads, Church, and referral to the Zoning and Ordinance Committee. 5. COMMENTS FROM THE AUDIENCE - None. 6. RECESS - None. 7. BUSINESS SESSION A. Minutes for Approval: November 18, 1997. Mr. Greiner made a motion, seconded by Mr. Frederick, to approve the minutes of November 18, 1997. On a voice vote, there were: Ayes: 8; Nays: 0; motion carried unanimously; minutes of November 18, 1997 were APPROVED. B. Committee of the Whole 1. Act-14-97, Osborn Street, Street Widening/Right-of-way Acquisition Chairman Ruge asked, since the Urban Development Committee approved Act-14-97, and the Planning Board approved it in October, does it need to come back to the Planning Board? PLANNING BOARD DECEMBER 2, 1997 PAGE 4 Ms. Love said, as we were preparing the letter to the Mayor, the one thing that bothered me was the Parks Department land being expropriated by Public Service, even though it was staying in public domain. "I asked the staff to look at what the City's policy was." The policy is that when Parks Department land is taken for another public purpose, the amount of recreational space available to the Lansing residents must be made whole. We had another action, the parking lot on S. Washington at about the same time. Parks wanted the back of that property from Public Service, and Public Service wanted a sliver of park land from Parks, and this seemed like a perfect opportunity for a swap. Ms. Love would rather the matter is straightened out at the department level. We are making sure that both Parks and Public Service are amenable to the swap, and in the course of talking to them about this, the Public Service Department is concerned because when they sell the parking lot, the revenue goes to the parking system, not to the City's funds. They want to make sure that what they are getting in trade from the Parks Dept. is greater than or equal to what they are giving up from the salable space. What they would sell to the public is being diminished by what they are having to give to the Parks Dept. They want to determine whether or not we have shortchanged the parking system in this trade. We want to bring back a recommendation to the Board when we have all of the departments agreeing so that when both issues go to City Council, we will have an appropriate recommendation for the City Council. Mr. Greiner asked if we acted prematurely, or are we going to do another recommendation regarding the swap? Ms. Love said we are trying to make sure that we have the appropriate materials before we ask the Planning Board to take action on it. It may be an amendment to recommend a specific swap of property in order to meet the City policy regarding park lands. The original recommendation is appropriate. Mr. Goolsby said the policy is that the swap has to be even? Ms. Love said the policy says that the amount of recreational land cannot be diminished, so it can be equal to or greater than, but it can't be less than. It would be less than, by 500 sq. ft. We have to work that out between Public Service and Parks. Mr. Ruge said the UDC recommendation was that the Osborne St. proposal be approved and that City Council's policy replacing park land be followed. "I think we already gave our blessing to that. I don't know if we need to approve this specific piece of property." PLANNING BOARD DECEMBER 2, 1997 PAGE 5 Mr. Greiner said this sounds similar to Act-7-96; that particular act had been fulfilled. It may be that, if the original motion encompassed everything we needed, we don't need another motion. Mr. Goolsby said if our recommendation states that it be consistent with the City's policy, it covers Planning Board policy and becomes an administrative matter. Maybe in the future we need to look at wording our recommendation to make sure that everybody knows what we are talking about. In terms of letting staff work out minute details, the administration can do this. It has no impact on the Planning Board because our recommendation was consistent with the policy. Ms. Love said it is incumbent on staff to have all the parts ready before it comes to the Board. Mr. Greiner said a matter would only need to come back to the Board if it would or might have changed Board action. If it is merely something that finalizes our intentbinteSt in our Ms.rLovelsaid he wouad be it only needs to be followed throughyaff. glad to deal with it. C. Committee Reports 2. Zoningand Ordinance Committee, Mr. Goolsby, Chair. Next meeting Wednesday, December 10, 1997 at 4 p.m., Department Conference Room, 316 N. Capitol Avenue. 3. Urban Development Committee, Mr. Nischan, Chair. The Urban Development Committee met on November 24, 1997 and dealt with several items. 1. Act-3-96, 300 Blk. S. Grand Avenue, Blks. 130 and 131, Sale for Redevelopment. Removed from pending; given inactive status. 2. Act-10-96, 501 E. Kalamazoo (Former Spartan Inn Site), Visitors Welcome Center, Greater Lansing Conv. & Visitors Bureau. Removed from pending; given inactive status. Mr. Goolsby made the point that whether or not a case is inactive, it is still pending in the committee. "I do have a concern of it not appearing on the agenda . . . ." Part of the reason it's still in PLANNING BOARD DECEMBER 2, 1997 PAGE 6 committee and pending is for historical purposes. "I think it still officially pends." Mr. Ruff said at times in the Board of Zoning Appeals, there are occasions when the Board will discharge a case without prejudice, so that there is not a decision for or against. If the case is simply too old to deal with again, a new case can be filed, with the agreement of the applicant, so that a negative connotation is not attached to the case or an inappropriate variance is not granted. There may be opportunities in the Planning Board for a case, especially one requested by the administration, to be discharged without a decision because of inactivity. If the issue is resurrected, it could be issued a new number and have a new public hearing because of new facts. Many Act 285s come to us with the idea that action should be started, but then activity ceases and the cases get too old. If a case sits too long, it is good to just get rid of it; however, we can refer to it later if necessary. Why make a decision that may affect it in the future? If it is a request by the City, it would be better to discharge it without prejudice, with concurrence of staff. Mr. Goolsby said we should address the situation in The Rules of Administrative Procedure. Mr. Nischan said the City initiated this but then met with obstacles. It's not the committee's job to be the City's watchdog. The request can be resubmitted. Ms. Love volunteered to check Mason's Manual of Legislative Procedure and bring potential mechanisms to the next meeting. Mr. Greiner asked if a filing fee is charged; Ms. Love said yes, after January 1, 1998. Fees are applied to the cost of advertising the public hearing. Some cases have been initiated by individuals wanting to buy City land. 3. Act-3-97, Paulson Park Sale Withdrawn by Public Service. 4. Act-15-97, Chestnut St., 400 Blk., Vacate for Ferris Park This is a request to vacate the 400 Block of Chestnut Street to incorporate it into Ferris Park. The committee found, based on testimony and evidence, that the vacation of the 400 Block of Chestnut will consolidate Ferris Park and beautify the area, and that it is in conformance with the Preliminary Land Use Study, PLANNING BOARD DECEMBER 2, 1997 PAGE 7 Ferris Park/Parking Lot, and that it will facilitate the redevelopment of Ferris Park while accommodating the State of Michigan's short- term need for employee parking facilities. In committee, it was moved, seconded and carried unanimously (3- 0) to vacate the 400 Block of Chestnut Street, reserving appropriate utility easements, for consolidation with the remainder of Ferris Park, which was acted on in Act-1-97, after the City gains ownership, and to dedicate the vacated right of way as parkland. Mr. Nischan made a motion, seconded by Ms. Keene, based on testimony, evidence and the staff report, a copy of which is attached hereto and made a part thereof, to approve Act-15-97, Chestnut St., 400 Blk., Vacate for Ferris Park. PLANNING BOARD ACTION was as follows. Mr. Ruge noted a letter from the State of Michigan, Jerry Lawler, opposing the vacation because they might not have an entrance to their parking lot until the City works out alternative parking as part of the agreement between the City and the state. Mr. Greiner said conditions provide for parking until alternative parking is found. Frederick . Ave Goolsby Ave .Ave Greiner . Ave Keene . Ave Nischan . Ave Miller . Ave Smith . Ave Ruae On a roll call vote, there were: Ayes: 8; Nays; 0; carried; unanimous; Act-1 APPROVED. Chestnut St., 400 Blk., Vacate for Ferris Park was (b) Act-16-97, East-West Alley North of 500 Blk. W. Genesee, Dedication as Public Alley The City of Lansing Development Office is requesting that the east-west alley north of the 500 Block of Genesee be designated as a public alley. The alley was constructed as part of the redevelopment of the block, which included the construction of six new homes. Part of the development ideal was homes without driveways with setback sidewalks, and alleys in back of the house to reach the garage. Without the alley designation, the alley cannot be maintained with public moneys. The committee found, based on testimony and evidence, that designating the alley as a public alley provides the best PLANNING BOARD DECEMBER 2, 1997 PAGE 8 assurance of funding for long-term maintenance. Further, the committee found that if the area behind each garage is designated private properly, construction of future houses would be dependent upon alley access and maintenance. In committee, it was moved, seconded, and carried unanimously (3-0) to recommend approval of Act-16-97, East-West Alley North of 500 Blk. W. Genesee, Dedication as Public Alley. Mr. Nischan made a motion, seconded by Ms. Keene, based on testimony, evidence and the staff report, a copy of which is attached hereto and made a part thereof, to recommend approval of Act-16-97, East-West Alley North of 500 Blk. W. Genesee, Dedication as Public Alley. PLANNING BOARD ACTION was as follows. Goolsby/ . Ave Greiner .Ave Keene . Ave Miller . Ave Nischan . Ave Smith . Ave Frederick . Ave Ruge Ave On a roll call vote, there were: Ayes: 8; Nays; 0; carried; unanimous; Act-16-97, East- West Alley North of 500 Blk. W. Genesee, Dedication as Public Alley, was APPROVED. Mr. Nischan called members' attention to the Schedule of Action on Pending Items: Act- 2-96: Target Date March 24, 1998; Revision to Guidelines of Administrative Act 285 Reviews Target date: January 27, 1998; Act-13-97 and Act 19-97: February 24, 1998. Next meeting Tuesday, January 27, 1997 at 4 p.m., Department Conference Room, 316 N. Capitol Avenue. 4. Executive Committee - did not met. C. Report from Planning Manager Ms. Love, as promised last meeting, listed items that the Planning Office will be working on FY 1999 beginning in July 1998. At our last meeting, we reviewed the work program from 1998. There are some modifications and movements; some things won't appear on the list that were on the '98 list, for instance, the River Point Plan. One suggestion to be undertaken in the future is communication towers; it will appear here. Ms. Love reviewed a prioritized list of projects and asked the Board to adopt it for PLANNING BOARD DECEMBER 2, 1997 PAGE 9 transmission to the mayor and council. It is broken into four parts, administration, comprehensive planning, land use controls, economic development, and clerical support. Regarding comprehensive planning, updating the city-wide comprehensive plan, we plan to complete the background studies and trend analysis reports in all the major areas. By July of 1998, we will be in the implementation phase of the PSD plan. The third is to implement existing neighborhood plans. We will finish the North Lansing Plan; we will be implementing the Seven Block Plan and working on the renaissance zone plans. We have identified neighborhood enterprise zones and, lastly, the BTS Plan, which will include purchasing the 40 acres of land from the State of Michigan. We want to initiate a GIS system, for which we received software today, and expect hardware by December 5, 1997. We want to support historic preservation activities. We received a matching grant from the State of Michigan (State contribution was approximately $22,000, and the City contributed approximately $10,000 for a total of approximately $32,000) to do reconnaissance and intensive level historic surveys for primarily the downtown area. We will be coordinating and supporting the Capitol Area Historic District Committee activities and their report, to be finished by next July. We want to continue to develop a series of educational materials that can be utilized throughout the community to promote and create understanding throughout the City concerning historic preservation. We will continue to administer existing districts and administer the housing preservation program applications--the Historic District Commission can award $6,000 per facade. We want to develop the groundwater management plan, including the brownfields reclamation plan, and we are hiring an intern from January through June, a Ph.D. student at MSU in groundwater, who will help us set up database programs and work on our groundwater management plan. In August we will apply for a grant to the EPA for $250,000 for groundwater planning. In late June we hope to have a one-day seminar to initiate people who might use this program, such as bankers and realtors, concerning kinds of things we will have available when we have the information up and running. We want to conduct generalized land use studies in corridors such as E. Michigan Ave., Jolly Rd., Waverly Rd., US-27 from Lake Lansing north to Sheridan Rd., Mt. Hope, S. Cedar from 1-496 to Mt. Hope, Cedar-Larch, and Miller Road. We will continue to conduct Act 285 reviews, and work with state and federal agencies to promote an accurate . census. We will continue to coordinate with Economic Development Corporation on various projects, to coordinate the Capital Improvements Program process, and to coordinate the Main Street Program. We will continue to coordinate the City Beautification Program, and continue to support regional cooperation. PLANNING BOARD DECEMBER 2, 1997 PAGE 10 Under Land Use controls, we will continue to work on all of the different kinds of land use petitions that we deal with, provide technical support to boards and committees, provide support to the general public through the zoning counter, and provide support to City Council and the administration. We have code amendments that affect land use controls that we would like to deal with, including communication towers, home occupations, ground water regulations that will come out of the groundwater management plan, residential care, and the sign code. On December 9, 1997, the Committee on Development and Planning will be considering the amendments to the billboard ordinance. The Landscape Screening and Buffering ordinance reaches sunset in 1998. We want to strengthen the ordinance, adding performance bonds and other elements. Child care regulations, parking regulations, and subdivision regulation controls may be required under the recently amended state law. We will be going to a seminar to evaluate our ordinance relative to the new state law. We also continue to provide zoning assistance to the Building Safety office by signing all the building permits and doing site plan evaluations, sign code administration and support, and legal support on land use issues. We now have four lawsuits. We also follow up on conditions for landscaping and for special land use requirements. We also have clerical and administrative support. Under groundwater management, Mr. Miller asked for a focus on brownfields reclamation and adding protection of drinking water sources. Concerning conducting generalized land use studies on traffic corridors, Mr. Smith asked if bike lanes will be incorporated on the corridors. Regarding land use controls, the Walkable Communities Short Course made the point that cyclists need to have places to walk their bikes and store them when they are downtown. Mr. Nischan suggested information from Walkable Communities be incorporated into various items of the work program. Ms. Love said she has sent a copy to the Transportation Division because of all the good ideas for traffic calming. We need to incorporate elements in the regulations. Mr. Greiner suggested, under code amendments, looking at special land uses. We have been receiving proposals that may be right for the parcel of property but require a zoning that is more intense zoning. While we might be in favor of a proposal, we are not in favor of other allowable uses in the zoning category. It might be possible to look at a category that allows more intense uses in a less intense-zoned property by special land PLANNING BOARD DECEMBER 2, 1997 PAGE 11 use, so that you rule out everything else that would otherwise be available in that zone. One example would be Cavanaugh and Aurelius where he needs a zoning that is too intense, but the proposal might have been OK, but we can't accommodate it according to the special land use section. Mr. Goolsby made a motion, seconded by Mr. Miller, to approve the Work Plan as presented by the Planning Manager, with the additions and changes suggested; voice vote; unanimous; the Work Plan was APPROVED. Ms. Love said the University of Michigan students who have been working on the riverfront between Saginaw and Grand River Avenue will give their final presentations on December 10, 1997, 1:30-3 p.m., in Rm. 202, the Lansing Center. She encouraged attendance by the Planning Board. Ms. Love called Board members' attention to the notes taken by Mr. Smith at the Walkable Communities workshop and thanked him for attending. The Board is signed up for 9 spots for the Master Planning session offered by MSPO at the Novi Doubletree Inn on January 14, 12:30-4:30 p.m. A basic training session for new planning commissioners will be offered in February or March in Battle Creek. Ms. Love will finalize arrangements with Mr. Miller and Mr. Frederick. Mr. Ruff announced that beginning in January, entry to the Department Conference room will be through the Capitol Avenue entrance to Building Safety, rather than through the east entrance. Building Safety staff will escort attendees to the Conference Room. D. Pending Items: Future action required. 1. Urban Development Committee a. Act-2-96, Case and Grand River Ave., Sale to Wohlert for Parking Lot. Action Target Date March 24, 1998. b. Act-3-96, 300 Blk. S. Grand, Blocks 130 and 131, Original Plat, Sale for Redevelopment. Inactive. C. Act-10-96, 501 E. Kalamazoo (Former Spartan Inn Site), Visitors Welcome Center, Greater Lansing Conv. & Visitors Bureau. Inactive. PLANNING BOARD DECEMBER 2, 1997 PAGE 12 d. Revision to Guidelines of Administrative Act 285 Reviews. Information/Action Target Date January 27, 1998. e. Act-13-97, Sheridan St. and May St., Consolidate Two At- grade Railroad Crossings. Action Target Date February 24, 1998. f. Act-19-97, Capitol Ave. at Dwight St., Create Cul-de-sac at Intersection. Action Target Date February 24, 1998. 8. NEW BUSINESS A. Approval of 1998 Planning Board Meeting Schedule. Mr. Nischan made a motion, seconded by Mr. Goolsby to approve the schedule as presented; voice vote; unanimous; the 1998 Planning ROVED. Board Meeting Schedule was B. Cancellation of regularly scheduled December 16, 1997 meeting. Mr. Goolsby made a motion, seconded by Mr. Miller, to cancel the December 16, 1997 Planning Board meeting; voice vote, unanimous, cancellation of the December 16, 1997 meeting was APPROVED. 9. COMMENTS FROM CHAIRPERSON Mr. Ruge asked if the request was made for information on towers; Ms. Love said yes. 1o. COMMENTS FROM BOARD MEMBERS Mr. Nischan requested and was granted an excused absence for the meeting of January 6, 1998. Mr. Smith presented a summary of the Walkable Communities Short Course. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS Mr. Ruge asked Mr. Ruff about the sign enforcement program; Mr. Ruff said he was continuing work on the sign brochure which he hopes will be completed in about a week. 2. ADJOURNMENT - was at 9:05 p.m. Respectfully submitted ACT-15-97 400 Block Chestnut Street GENERA . INFORMATION PROPERTY OWNER: City of Lansing APPLICANT: Development Office, Department of Planning and Neighborhood Development, City of Lansing 136 N. Capitol Ave., Suite D-2 Lansing, MI 48933-1234 EXISTING ZONING: N/A REQUESTED ACTION: Vacate street right-of-way EXISTING LAND USE: Public Street PROPERTY SIZE & SHAPE: 82.5 feet by 396 feet ( 32,670 square feet) SURROUNDING LAND USE: N: Single Family and Two Family Residential S: Single Family and Two Family Residential E: State Employees Parking Lot W: Ferris Park SURROUNDING ZONING: N: "DM-3" Residential District S: "DM-3" & "DM-4" Residential Districts E: "A" Residential District W: "A" Residential District MASTER PLAN DESIGNATION: The River Island Area Comprehensive Plan, Future Land Use Map, designates this area for park and open space. CASE HISTORY: Attached are excerpts from Preliminary Land Use Study, Ferris Park/Parking Lot, (1989). In summary, the parking lot east of Chestnut Street was once part of Ferris Park until the State of Michigan (its owner) turned it into a parking lot. The Preliminary Land Use Study recommended as one alternative closing of the 400 Block of Chestnut Street and re-unification of Ferris Park. Cr ACT-15-97 400 Block Chestnut Street age 2 Vacate for Ferris Park AGENCY REFERRALS AMERITECH TELEPHONE: No response received. ASSESSOR: We note both Blocks adjacent to the proposed Chestnut Street vacation are owned by the same party, namely the State of Michigan; and presume the two Blocks (78 & 79) and vacated street will be combined into one tax parcel in the year succeeding the actual vacating action. ATTORNEY: Is it intended that this property become dedicated park property? If so, perhaps that should also be part of the 285 review. BOARD OF ED. (LANSING): No response received. BOARD OF WATER & LIGHT: No response received. CATA: No response received. DOWNTOWN NBH'D ASSOC: See attached. GENESEE NBH'D ASSOC: Genesee N'hood Assoc. supports a proposal to vacate the right-of-way of Chestnut Street between Shiawassee and Genesee Streets. G.N.A. look(s) forward to the reuniting of Ferris Park, currently separated by Chestnut Street. CODE COMPLIANCE: No response received. CONSUMERS ENERGY: No response received. MEDIA ONE CABLE: Media One will be able to remove all overhead lines except for pole on N/E corner of Shiawassee and Chestnut. DEVELOPMENT: This action is strategic to reclaiming the east portion of the park as parkland. The strategy is consistent with the Preliminary Land Use Study, Ferris Park/Parking Lot prepared for the City in 1989. Recommended approach subject to utility easements ACT-15-97 . 400 Block Chestnut Street page 3 Vacate for Ferris Park and only after City gains ownership which should happen in January , 1998. EDC/TIFA: The EDC has no objection to the proposed plan. FIRE MARSHALL: No response received. LANSING NEIGHB'HOOD COUNCIL: No response received. MI DEQ: The MDEQ has no knowledge of any contamination at this location. We have no objections to the proposed project. MI DEPT. MGT & BUDGET: No response received. MI DNR: No response received. MI DOT: No response received. MI STATE CAPITOL FACILITY OPERATIONS: See attached letter. PARKS AND RECREATION: We support the right-of-way vacation. The expansion of Ferris Park from parking to open space/recreation is more in keeping and would enhance the surrounding residential land use. LANSING POLICE DEPT.: No response received. PUBLIC SERVICES : Public Service has no problem with vacating this right-of-way. An easement shall be maintained for the storm sewer and public service needs to review the plans for the closure of the roadway with the details at Genesee and Shiawassee Streets. TRANSPORTATION: (Extension requested, response forthcoming.) TRI-COUNTY R.P.C.: No response received. Applicant's Proposal The applicant is proposing to vacate the Chestnut Street right-of-way in order to expand Ferris Park in a manner suggested by the Preliminary Land Use Study, Ferris 400 Block Chestnut Street ACT-15-97' Vacate for Ferris Park Page 4 Park/Parking Lot. Several design alternatives that were proposed in the study are attached to this report for informational purposes, however, it is not the purpose of this report to select a design for the expanded park (or even to debate the merits of various alternatives). It is simply the purpose of this request to assess the impact of the proposed street vacation. Review under Act 285 requires an assessment of the location, character, and extent of the property and its use. Location The 400 block of Chestnut Street is located between Ferris Park on the west side and Sate of Michigan parking lots on the east side. The land use of blocks to the south is a mixture of residential and office, with the State Capitol complex located only two blocks to the south. Land use to the north is essentially residential, primarily a mixture of single family and duplex units. Recently,adjacent 500 block of Genesee Street redevelopment of six new single family homes on the adlce Character The property is within the current Chestnut Street right-of-way and is either sidewalk or paved street with curb and gutter. Chestnut Street is a local, two-way street extending northward from Ottawa Street and past Saginaw Street (the next arterial roadway). Pine Street is a major south-bound collector street located one block west of Chestnut Street, and Walnut Street is a major northbound collector street located one block east of Chestnut Street. Extent The extent of the proposed vacation is limited to the right-of-way for a public street, which is 82.5 feet wide by 82.5 feet by 396 feet ( 32,670 square feet). There are also several public utility easements (see agency referrals, above) and access to the State Legislature parking lot for which easements will need to be retained. RECOMMENDATION Staff recommends that the right-of-way for the 400 block of Chestnut Street be vacated and dedicated as part of Ferris Park with the conditions that utility and access easements be retained as necessary. Respectfully Submitted, Jim Sturdevant, AICP Senior Planner July 24, 1997 ACT15-97.FE II CAPITOL COMMITTEE ID:517-373-8040 NOV 19 '97 16 :27 No .002 P .02 - LEGISLATIVE COUNCIL FACILITIES AGENCY Capitol Facility Operations CqpWRUUdW P.O.BOX 80014 L wLv,MI 48004614 Tewhone:(61T)8?8-0184 Jerry lAwkr teas:(617)SY84M oirec9ar November 17, 1997 Mr. Jim Stirdevant Senior Planner Lansing Department of Planning and Neighborhood Development 316 N. Capitol Avenue Lansing,MI 48933-1236 Dear Mr. Stirdevant: Reference is made to a Multi-Agency Referral Sheet dated October 20, 1997 concerning file number ACT-15-97 400 Block Chestnut Street received in this office on the afternoon of Friday,November 13, 1997 and our telephone conversation this morning concerning the proposal of the City of Lansing to vacate the right-of-way of Chestnut Street between Shiawassee and Genesee Streets to connect the two halves of Ferris Park. As you are aware, Public Act 531 of.1996 approved by the.Governor January 12, 1997 and effective on that date authorized the State Administrative Board to convey certain parcels of state owned property to the City of Lansing including Blocks 78 and 79(Ferris Park)of the Original Plat of the City of Lansing. A copy of the Public Act 531 of 1996 is attached for your information.The Act also placed several conditions on the conveyance of Blocks 78 and 79 including section 3.c. which provides: That the grantor(State) may continue to operate and maintain the existing hard surface parkins lot which occupies the south portion of Block 79, Original Plat, City of Lansing, Ingham County, Michigan, until such time as the state and the City of Lansing are abke to agree upon an alternate parking plan for employees. Both the State and the City shall us their best efforts to develop and agree on an alternate parking plan; however, the State shall be the final judge of whether an acceptable parking plan has been established. MI CAPITOL COMMITTEE ID :517-373-8040 NOV 19 '97 16 :28 No .002 P .03 The paved.portion of Block 79 is controlled by the Michigan House"of Representatives and is used by employees of the.House for parking. The lot is administered by the Legislative Council Facilities Agency for the Houso of Representatives. The entrance to the paved portion is on Chestnut between Shiawassee and Genesee Streets. An automatic parking gate is utilized to enter/exit the paved lot. The gate is powered by electricity from the Chestnut Street right-of-way. No representative of the City has contacted this office and it is my understanding in talking to Mr. Tim Bowlin,Director of House Administration, that no representative of the City has contacted the House Business Office with: A plan to replace the existing House parking spaces at another location nor has the House accepted or agreed to any such plan as provided by the Public Act. A plan to move, modify or replace the entrancetexit to the paved portion of the lot. The eptraace%xit would have to be moved to Shiawasee or Walnut if Chestnut was vacated. Since the City has not presented any plan to provide alternate parking or a plan to move the parking lot entrance/exit, we must strongly oppose the City of Lansing proposal to vacate the right-of-way of Chestnut Street between Shiawasee and Genesee Streets until the City complies with the letter and spirit of Public Act 531 of 1996. It would be appreciated if you would forward to this office, a copy of your report and notices of any Planning Board, City Council, etc. meetings at which this is on the agenda. Do not hesitate to contact this office if you have any questions concerning this correspondence. Sincerely, Jerry Lawler Director cc: Tim Bowlin, House Business Office Robert Mosher, Real Estate Division, Department of Management and Budget MI CAPITOL COMMITTEE ID :517-373-8040 NOV 19 '97 16 :29 N0 .002 P .05 of the date.may convoy to the city of Lansing,for considomtion Sec.t.Cu'i'fio aitxta ad e �of the daPart�nant of�and budget and located in the of$1.00,certain ixol1Q dep at city of Laming,Ingham.county,]diabiM;and described Is Block 78 and Block 19,Original Plat,City at Lansing,Ingham County,Michigan. (z) The description of the property in subsection (1) is approximate and subject touatmant as considered trative board or attorney general by survey or other legal daseription• r�xssary by the.state admints (3)The conveyance authorized in-this aecLion ahall provide for the following: ,� that upon (a) property shall be dedicated land used oxctusively for public park purposes the That the park the state may reenter and repossess the p OpcitYr terndnating termination of that use or use for any other.paarposo, of.the public using the pr'op�Y shall be �ntee►s saute in the property. All residents and nonresident ,the conveyance *be shall provide that the grwitee subject to the same annual and daily foes,tons,And Conditions-�or facilities. ,Ay waive daily ieea or valve fees for the use of epee t of reentry and fails to promptly deliver possession of (b)That if the grantee.&gmtes the state exercise of its sigh b an action to quiet title to,and regain the property to the state,the attorney general,on behalf of the stasis,> wy of,the ro hard surface parking lot which occupies the (c)That.the grantor may continue to ope of rate and mslnta3n the existing until such dine as the state and the south portion of Block 19,Original Plat,city toI,aneipa Ingham County,e Sall, are able to agree upon an alternate parking plan for employees.Both the state and the city shall use City of Lansing an alternate parking plan; however, the state shall be the final judge of t on heir beet efforts to develop and agree whether an sees table 'ng plan has been established. (d)That the gran tOr'shall discontinue t ee use of the parking lot which oaaapies the north pO7 On of Bl no than 1 year after conveyance of 00 property- dscape plan for the remainder of Block 79 upon (e)That the city of Lansing shall reseed,develop,and implement a Ian conveyance of the property. wont of natural maources, on behalf of the state, muy convoy to the city of Lansing► for Sea S. (i) The doParba rt located in Ingham county, Michigan, more Of state owned property consideration oee�bed�the ofoll�owirag parcels . P 1 A lParktn?T.Ot On GranrL&t'a'SS11: All of that parcel bound e of bounded on the north by the south line Block 112,of the recorded plat of the City;on the east Bloc 118,plat of City, and on the west by oast lino of Grand by the Grand River;on the south by the north line of Street,City of Lansing. • - ;,,-.n.....,�ae,.><r.�tr Gnurflel: • no oast 1,079.9 feet of the north 110 rods(1,8)5 feet of the southeast 1/4, section-10,To,RZW,city of Lansing, subfoct to mad eaeenwnts,containing 46 amw,more or lees- .. that of the northwest 1/4 of the southeast 1/4,Section 81 T4N,1t2W,City of lensing,commencing at the All of part thence duo west to the east line intersection of the north line of West MaPle Street;with the wort line of State street, the north t al feet them ' of prineeton Avenue,thence south along Princeton Avon to the north iLig except Avenue,c►aet along l7aloford Avenue to the W��g lUtO acres more or less.along. City of Lansing, . • Parcel T.I'Mmid York): at a point on the northerly right-of-way line of All that part of'soction 14,TO,R2W,Liming township,beginning Po on 14, then Street as oxtended, and as now surveyed 1-1)2 rods oast of the east ll8 line of Section ant 1-1/8 East Kalamazoo ce wester ale said river to a Po being s of the east D2 of the easterly along said right-of way line to the relocated Red.Cedar River,�lwg�►�, s part east of Ug-1Q7 rods east of the east 1/8 line of Section 14,thence northerly P southeast 1/4 except street righ"f--way,S.46.gems;also Urbandale.Number One,Lots 476 to 486lying right-of-way. de that l"A"shall be used exclusively for municipal (2)The conveyances authorized by'"section slaall,prmn Na' k tared used exeluaaively for park and parking.purposes and that parcels "1i," "C," and "D' .hall be dedicated psi k�to the lace of recreational purposes and shall be available for u80 by members of the laonoral public without regard P • aa- 1Q� OEM © ► l '� l II l I � ■r©r �� JJ ro I� I II 0 © ' FERRIS i� • 119, 1 �I IL �q 01,00 0dv ,. I Ile$I' ii r ,+ ,I I 1■ 41, _ r EZ mom- was xx I� , • I�I����,� ....ter ±. . ■ -�-- "Ip =,-,, ■;-}`��. -: _- -, • II10 0011 r, 10 1 I - Q 1 e y ■ ,z._ � .. �..� a '����� o � : V + I I -I T I �J r, • � IL Lf o i i 1 ,`�H(6 ._ rj . 0 0 C ❑ Scab In FM so ,00 Figure 2a An all-park scheme that provides on-site parking. _ A41e,IU USA', a - ill tWL- _ ' r r ex_S r L_J _ r Scab In feet 0 50 100 200 Figure 2b An all-park scheme that provides a poollskating rink. • � IIJ I 1 �I c r �i�.�y i i, M �'�lG .• � � r 68 LDS ,17 ..Tj J L _j I i.. .-sL 8cd•In Feet 0 50 100 2ou Figure 2c An all-park scheme that provides additional open play area. �i I � - • 1 LLI - j --00 G�►ApACaS I IfL A. f • ` 1 I 1 V I I ' ` Scale In Feel 0 50 100 200 Figure 3a A half-park/half-housing scheme that provides a park,an open field,and 24 townhome units. ---------------- I J -�CoZ,�NI-bM _j i -.--alp r . ' ED I ULJ Sql�kl FMlt 0 60 100 200 Figure 3b A half-park/half-housing scheme that provides a park and 34 townhome units with a backside orientation to an open commons. C©( , • J ILII'LA`1 _ I If I — r�.• `.f - I �. . .� � • __ I 1, r' �. _�� , Scale In Feet 0 SO 100 200 Figure 3c A half-park/half-housing scheme that provides a park and 40 townhome units. Ferris Park _ I I �_,__, I; , Lansing, Michigan 1i ❑ ❑ ! Preliminary De*n Plan �.. S ..., Logwo �Cp um is • _ ,,�'- �5>. r it _�w.....w. 9 9 sa awassee Sneer J u nE-1 E15 M!- , EF y C Of UK~„y rr r-r ' ® ��� eel • w M �I F19L"4 A preliminary design plan for the new Ferris Park. ACT-16-97, E-W Alley north of 600 Blk of Genesee Designation as a public alley GENERAL INFORMATION APPLICANT: City of Lansing Development Office 316 N. Capitol, Suite 2 Lansing, MI 48933 STATUS OF APPLICANT: Owner REQUESTED ACTION: Designation as public alley SIZE AND SHAPE: Approx. 20' x 330' = 6,600 sq. ft. APPLICANTS' PROPOSAL: The applicant is requesting that the East-West alley north of the 500 Block of Genesee be designated as a public alley. This alley was constructed as part of the redevelopment of the block which included the construction of six new homes. EXISTING LAND USE: Alley EXISTING ZONING: R.O.W. PROPOSED ZONING: No change SURROUNDING LAND USES: N: Single and Two Family S: Single Family E: Single and Multiple Family W: Single and Multiple Family SURROUNDING ZONING: N: "C" Residential S: "DM-4" Residential E: "C" and "DM4" Residential W: "C" and "DM-4" Residential MASTER PLAN DESIGNATION: The River Island recognizes this as R.O.W. Report prepared by DMW 11/97. ACT-16-97, E-W Alley north of 500 Blk W Genesee, Alley Designation Pages . BACKGROUND: AGENCY RESPONSES: Ameritech: No response received yet. Assessor: See attached. BWL: Electric Utility The Electric Consumers Projects and Marketing Department has no conflicts with this request. Water Utility Water Technical Support/Distribution - No comments. Building and Safety: No objection. Development Office: Recommend approval. Will result in placement on street maintenance schedule and in correct jurisdiction of Public Service Department. Genesee Neighborhood Association: The Genesee Neighborhood Association supports the City of Lansing's request that the east-west alley north of the 500 Block of Genesee be dedicated as a public alley. Downtown Neighborhood Organization (DNO): No response received yet. Lansing Neighborhood Council: No response received yet. Fire Marshal: No response received yet. Media One: No concerns with this area at this time. MDOT: No response received yet. Parks and Rec.- This should remain a private alley to be repaired and maintained by the property owners. The City is not in a position Report prepared by DMW 11/97. ACT-16-97, E W Alley north of 500 Blk W. Genesee, Alley Designation Page 3. for additional road improvements and maintenance since it can't keep up with what it has now. Public Service: There are insufficient funds presently for operating, maintaining, and improving the existing public alleys. The addition of another alley to the system would provide a further financial burden of the city. Therefore, public service recommends that the alley be a private alley. Transportation Eng: See attached. 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 The following is a review of the project in accordance with the standards of the Municipal Planning Act (P.A. 285). LOCATION: The alley is located north of the 500 block of W. Genesee Street between Pine and Chestnut and runs east and west. This alley was constructed as part of the redevelopment of the block which included the construction of six new homes (low-moderate housing) on the south side of the alley. The alley is 20' wide by 330' deep lot and measures approximately 6,600 sq. ft. The alley is legally described as: N 20 FT OF S 55 FT LOTS 5 & 8, AND S 35 FT of E 49.5 FT LOT 5 BLOCK 73 ORIG PLAT CHARACTER: This is a new alley which was constructed to provide access to the garages on the adjacent parcels that were constructed with the new houses. The residential character of the area will not change as a result of the alley being designated as a public alley. EXTENT: The City of Lansing, through its Development Office, initiated the redevelopment of the block face which included the development of Report prepared by DMW 11/97. ACT-16-97, E-W Alley north of 600 Blk W Genesee, Alley y Designation Paae 4 = y six (6) new single family homes that would be designed to fit in with the older neighborhood. The alley access to the rear of the residential properties is critical to the design concept. The Transportation Engineer and the Parks and Recreation Department advocate that since the alley primarily serves the new home sites, and since designation as a public alley brings a related cost, the alley should be conveyed to adjacent property owners as a private alley. However, this strategy ignores the importance of assuring that the alley be properly maintained in the future. The alley is highly visible in the neighborhood. If it were to be neglected and fall in disrepair, a common occurrence in situations where "commonly" owned private drives are installed, there would be a negative impact on not only the adjacent properties, but the immediate neighborhood in general. The City has made a substantial investment in this area. Homeownership and property values are increasing. The east portion of Ferris Park is soon to be reclaimed as a park. Private investment is increasing. The modest annual cost to maintain the alley would serve to further protect the public and private investment already made in the neighborhood. A project in the 600 Block of W. Shiawassee Street was similarly designed with the alley remaining in public control to assure long term maintenance and repair. It is noted that the plan to redevelop the block face of the 500 block of W. Genesee Street included the strategy to develop the alley as a public alley. The alley was designed with the assistance of the Public Service Department according to standards consistent with a public alley. The maintenance responsibility for the public alley would be that of the Public Service Department. OTHER: The Transportation and Public Service Department has been involved in the Genesee Street project since its inception and aware of the maintenance situation. The Development Office would like to have this area designated as a public alley. However, they have no funding to maintain the alley. There are possible funds to access from the Public Service Department's Act 51 for street improvements. Also, it cost extra dollars to design and build an alley to specifications required for a public alley. As indicated Report prepared by DMW 11/97. ACT-16-97 E-W Alley north of 500 Blk W. Genesee, Alley Designaflon PagLS above, the Transportation and Public Service Department was aware of the initial intent of this effort. SUMMARY The redevelopment of the 500 block of W. Genesee Street included the strategy to design access to the new home sites through a newly constructed alley that would be designated as a public alley to assure coordinated long term maintenance and repair. Keeping the alley in good repair and properly maintained is critical to sustaining and supporting the improvement of the neighborhood. The alley has been designed by the City according to standards that would qualify it as a public alley. These factors combine to offset the marginal public use of the alley and modest cost to maintain it over time. RECOMMENDATION It is recommended that the alley located north of the 500 block of W. Genesee be designated as a public alley and placed under the jurisdiction of the Public Service Department. Report prepared by DMW 11/97. and -the �;20 ,'the °South oii s feet =of .< 55 ;$19 73,` .Original Soutt , 5=-feet .� T n .Lo the Plat:: 'f qW .� �8k.9Y ~ 6 reGA r. BUILDING SITE 1 The West 60 feet of Lot 7 and the West 60 feet of the South 35 feet of Lot 8, Block 73, Original Plat, City of Lansing, Ingham County, Michigan, according toSh36 recorded and 38plat Ingham CountysRecordset forth in. Liber 2, of Plats, page BUILDING SITE 2 The East 42 feet of the West 102 feet of Lot 7 and the East 42 feet of the West 102 feet of the South 35 feet of Lot 8, Block 73, Original Plat, City of Lansing, Ingham County, Michigan, according to the recorded plat thereof, as set forth in Liber 2, of Plats, pages 36, 37 and 38, Ingham County Records. BUILDING SITE 3 The East 42 feet of the West 144 feet of Lot 7 and the East 42 feet of the West 144 feet of the South 35 feet of Lot 8, Block 73, Original Plat, City of Lansing, Ingham County, Michigan, according to the recorded plat thereof, as set forth in Liber 2, of Plats, pages 36, 37 and 38, Ingham County Records . BUILDING SITE 4 The East 21 feet of Lot 7 and the East 21 feet of the South 35 feet of Lot 8, also the West 21 feet of Lot 6 and the West 21 feet of the South 35 feet of Lot 5, Block 73, Original Plat, City of Lansing, Ingham County, Michigan, according to the 36eC rded plat thereof, as set forth in Liber 2, of Plats, pages 38, Ingham County Records. BUILDING SITE 5 The East 42 feet of the West 63 feet of Lot 6 and the East 42 feet of the West 63 feet of the South 35 feet of Lot 5, Block 73, Original Plat, City of Lansing, In County, Michigan, according to the recorded plat thereof, as set forth in Liber 2, of Plats, pages 36 , 37 and 38, Ingham County Records. S !1�r CITY ASSESSOR'S OFFICE C 3rd Floor,city Hall 124 W.Michigan Ave. Lansing,MI MW3-1687 (517)483-4020 RECFIVED �fcH tG �� 7 OCT 1 0 V5 David C. Hollister, Mayor PLANNING DIVISION To: City of Lansing Planning Board City Planning Dept.,Doris Witherspoon Re: Comments on ACT 16-97 I'm not sure what you want to do when you claim to"dedicate"this alleyway. Dedication is a term referring to conveying lands to the Public for a specified purpose,such as a street, alley or parkland. Generally this is a gift or grant from a Private person/corporation, as a part of a recorded plat(subdivision)of land. In the instance shown on ACT 16-97,the City already owns the land in question, and is already_ using that land as an alleyway.That was the intent in the original lot split application of a year or two ago. As far as the Assessor's Office was concerned,this is a City-owned alleyway, and has been given a tax description and parcel number indicating that situation. A copy of the parcel print-out and tax map are attached. Further, there are many alleys and street rights-of-way in the City which were acquired in circumstances similar to the one on Genesee Street,probably over 100 of them! No one has asked for any of them to be"dedicated". They were purchased by the City,through deeds,just like this alley, and used as Public ways. It has been professed to me by some City Attorneys that the use of an acquired land as a street may be a form of dedication. Others disagree,stating that dedication itself must be a separate act,usually called out in a deed.The common thread, however, seems to be that of=.As above, if it is mod as an alley, it is an alley, as long as the City has a deed for the property,which we do. If the issue in one of assuring access along the alley to members of the Public,as distinct from the abutting owners: do not dedicate the alley; designate it as a Public alley.This action merely says the alley is officially recognized as such and is open to the Public. We would not have to wont'quite as much about difficulties with Land Title or Vacating authorities in the future,when the status of these properties may change, and the City wants to rid itself of this alley. Whichever method is chosen,make certain an accurate and complete description is used in the Council Action. John C. t, hmell,Tax Descriptions and Mapping Specialist, October 9,1997 "Equal Opportunity Employer" CITY of LANSING INTEROFFICE COMMUNICATION E c IF OCT I '7 997 TO: Doris Witherspoon, Senior Planner PLANNING DIVISION FROM: David A. Berridge, Transportation Engineer DATE: October 13, 1997 • . SUBJECT: ACT-16-9.1: Dediaatlon of Public Ailey This alley was,cgnstruoted as,part of publlcall ' funded project by the Development Office of the`. rttiing i aiad Neghborhood Development Department in conjunction with the Pu1{��1( ervice-Department. It runs"in an east-west direction between Chestnut anc� +ne and..serves six housing, units on the south side of the alley. The property is cu>''ently controlled by the Development Office. The alle- . o d'Ybe deeded to the adjacent:`-benefitting property owners as a private alley. T ai_' �s fdr}one block and has no public benefit, since it only provides access_. he arages on the adjacent parcels that were constructed with the new . r . ;. houses:`° t : It is clear that`the Dev�eti,Qpment Office should not retain ownership and . i s mainten 'e onsit�il ty. Howe�er)�the' rrerquest to make this a public alley is not the best., fact 3, f There arounsu fai,ient`funds presently for operating, maintain g a mprovg the existitipublic alleys. Addition of another alley to the systefii w 1 provide'a further financiah'burden. Therefore, it is::recommended that the:alley..be a private alley. If you have ariV.questions, please fee{`free to contact me. cc: Em innicker Robert Clegg file: Genessee Street pc458\wp7win\data\plann4ng\wtherapoon.701.wpd ACT -16-97, E-W Alley North of 50pr Blk of Genesee NORTH Designation as a public alley .� i 3 ° � 03� tIUJ w q9• - O 3 : � ;y 0 16 3 0\ � d 0 Ov O 0� 0 r 0 0� 0a sy-ti 5 v • . . �rf.7f' �•• ♦r' sv• +�• P1• Q319' V 1� ia8 r.oy 600 y�g 53,o SI3 508 i•`I-f• yl� y' L�P�E2. S T. 1 U11 1,01 sit .511A, 517 fl]-13 Ml k •+ �• sI' f6' 1 33` . 33' 11rS' ir'r" 'Ib" s 0� � M \ 12 3� 1� y �\ I as' a 00, 12 74 11 S.b' ` �Q 3 \ o; * �\ rob. 3 bN Z a\ 10— \01 r M h Q \ M w M e o 4 Uj Z ti 0 w \ 05\ 4 h ti 0 9 4 \ i, S 9 lV r `5 5� o / � 0�� 8 73 5 1 s h los' IV " 1y � J-4 o'er60 \0 \ \ \36 �' 7 1' ' 50' 4 . 1 514-2f fi SIFIL M, + 5' Soo YxAxo 40 yZ Lot 11 =E GEKESL- F- r, 330. • •�- III � 3 \3 q O 01 � k O Found Iron 40' ?0' C ' 0• SNEld I OF Y O Found Monument J • Set Iron (M) Measured SCALE: 1' - 40' (R) Recorded `r CHE5mur SM&T FI N 0.04' (dZ5 FT. NLt R.aw..) £am, NORM/�/�(AW) m to l W' (Al) 274.90' (A1) 00' M04' .CFI. 65M (A1) F.I. F.I. 11.00' �PARM � Ab.7 � 66�00' (R) °' F.I. a .x'AOf' FL6596' (Al) ad N a00' 0 0 At l' (M/) 101.00' (Al) £a 15' o AMW 8 tri 1.4 PARICEZ g O O Na 6 h 101.A0' N01001111 E A $' g PAR= e No.5 3 � o 101.00, AKJIO'Ol'11 E 64 PARLEZ Z LOT 4 $ LOTS LDT 6 S h LOT 9 3 LOT S LOT 7 w FLOC A" 7 3 Na 4 ORIGINAL FLAT, TOWN 3F HIC�HIGAN lol.ao' cNOW THE CITY OF LANSING.> o Atxrol•1>•E INGHAH C:OLINT}; HIC:HIGAN N (LIFER 4 5F PLATS, PAGES 3 —30) g PARCEL g w Na 3 f lol.aa' y� 4+ M710'O/'/1 E 4i 1 ru PARM V. 2 101.00' 4ti re, $ PAR -4 OJ ° ICEL No.1 $ PIZ 11.00• � o t2aoo 1o1.00' A00.01 11 E (A/) NOR7H (R) 84W of BEARIAI&% PINE SMET (82.5 FT. W. Ro.W.) owca f4L PUT of 7w 'ro*w OF mzcHIGW MOW CHY OF L4M4I/VIM1 FAVMM COMM. MlQSUGM( AS RECWWO IN LrBD?? OF PLAM PAGES X J7 AW .J4 IAtWW LOUffY AFC A M I hereby cutffy that I have surveyed and mapped the ���� �F�•M�C6,;, OF PAW OF M= 73 , long above platted and or dm:rlbW on 10-14-96 �.`& ;••'" '� PLAT. TWN OF MIMMw and that flew ratio of downs on the unadjusted fWd �* KENDALL : 'f CM OF LANSINO. SEOTION 16. y 1 observdioris . 1:5000 or better and that R pgIOF SE ONAL 34N—R2�. Dc UM:CO.. MIa'QOA�'� mphemente of PA 1= 1970, as amended have bow PORTER No. :McNAMEELAW wd v , • 39082 •JQ'• '& SEELEY ®. J PROFESSIONAL WNEYOR No.39M •,� •••....••'•� CK** INC. aws c=nr. I—su—;;w Job No. 961788 1 Field Book No. 511—S ������4f r is 1�`��` 3131 Baum SM ffnW NO AFBM ML Atoe C_ ACT -16-97, E-W Alley North of 500 Blk of Genesee NORTH Designation as a public alley 1 •� ew+atinv so v�oa uTY� LU w modal ` M: rYt.O• _ . 1 M.w con`.WAA w.r"-Fy HOW V*L*S er urr. i � I _. WFgT-GF t EE -STREET- CPhota ea 6-,U�> • • 11 • ■ © I 1