Loading...
HomeMy WebLinkAbout2007 Planning Board July-Sept Minutes FINAL Approved as written 11-7-07 Draft to Clerk October 11, 2007 Approved November 7, 2007 To Clerk December 7, 2007 Minutes of the Regular Meeting LANSING PLANNING BOARD 7:00 p.m., Tenth Floor, Council Chambers Lansing City Hall Tuesday, September 18, 2007 1. OPENING SESSION C The meeting was called to order at 7.-00 p.m. by Mr. Frederick, Acting Chair. A. Roll call: Present: Frederick, Ruge, Bruch, Williams. B. Staff Attending: Stachowiak. rti C. Excused absences: Cordill. D. Absent: None. Dr. Bruch made a motion, seconded by Mr. Ruge to approve an excused absence request from Ms. Cordill for tonight's meeting. On a voice vote, the motion carried unanimously (4-0). 2. APPROVAL OF AGENDA Mr. Williams made a motion, seconded by Mr. Ruge to approve the agenda. On a voice vote, the motion carried unanimously (4-0). 3. COMMUNICATIONS A. Letter from Honigman Miller Schwartz and Cohn LLP regarding Z-5-2007 concerning spot zoning. B. Five letters of support from churches and neighbors regarding SLU-3- 2007. 4. HEARINGS A. Ordinance Amendments — Contract Zoning Ms. Stachowiak gave a brief overview. Ms. Ann Andrews, representative of Annabelle & Associates, Inc., stated that they do support the ordinance and it is a very good change not just for their project but it will add flexibility for future development of other City projects. There are several cities who have already adopted this: Flint, Brighton, Lincoln Park, Flat Rock, Dexter and Ann Arbor is considering it. It is certainly something that has been supported by a wide variety of diverse interest groups (i.e. environmental groups, Board of Realtors, developers, Michigan townships). Overall, there has been support and she urged the Board to pass the ordinance. She also urged PLANNING BOARD MINUTES September 18, 2007 Page 2 the Board to approve the request for Annabelle's use under the conditions of the proposed ordinance. Ms. Marchelle Smith, representative of the City of Lansing Economic Development Corporation, stated that early on this year her office began working very closely with the owners of doggie day stop and they were very excited about their business concept. Ms. Andrews and her partners are taking careful consideration and thought in to bringing a unique type of business that is becoming popular in many urban cities. The proposed building is underutilized and outdated. The doggie day spa presence and proposed renovations will bring a high end urban design and unique image to the downtown area. The combination of a retail pet store can offer a variety of services by creating job opportunities, business attraction and improve the overall quality of the community. The EDC supports the application for the rezoning and encourages the Board to act favorably. Seeing no one else wishing to speak, Mr. Frederick closed the public hearing for the Ordinance Amendments — Contract Zoning and was referred to the Committee of the Whole for this evening. 5. COMMENTS FROM THE AUDIENCE (3 minutes each) Seeing no one wishing to address the Board, Mr. Frederick closed the public comment period. 6. RECESS was not taken by the Board. 7. BUSINESS SESSION A. Consent Items 1. Minutes for Approval: (Minutes will be presented for consideration at a later date) B. Committee Reports 1. Zoning and Ordinance Committee, Mr. Ruge, Chair a. Z-7-2007, 1030 S. Holmes Street, "B" Residential District to "D-1" Professional Office District This is a request by Spartan Internet Consulting Corp. to rezone the property at 1030 S. Holmes Street, more specifically described as: Lots 1 through 13 inclusive & Lots 21 through 34 inclusive, Block 11 Manufacturers Addition No 2, City of Lansing, Ingham County, MI PLANNING BOARD MINUTES September 18, 2007 Page 3 from "B" Residential District to "D-1" Professional Office District. If approved, the applicant intends to utilize the building at this location for an internet consulting service (office use). Staff recommended approval of Z-7-2007, 1030 S. Holmes Street, "B" Residential District to "D-1" Professional Office District. Mr. Williams asked if there were any comments from Spartan Internet on the partial rezoning. Mr. Ryan Vartoogian, President of Spartan Internet Consulting located at 115 W. Allegan Street, stated that he would like clarification of the Parks system taking over that segment of the property and asked if this would be maintenance or ownership. Ms. Stachowiak stated that the Board has recommended that from 20 feet from the existing asphalt area that it remain zoned "B" Residential District. The Board is stressing that not necessarily all but a good portion of that property be donated to the City's Parks and Recreation Department so it can remain a park for the neighborhood. She stated that this is not a condition of the rezoning but a recommendation from this Board. Mr. Frederick asked what if the Parks and Recreation Department do not take ownership of the land. Ms. Stachowiak stated that the president of the neighborhood association, Adam, had talked with Mr. Vargoogian about the possibility of may be the neighborhood taking over a portion of it. Mr. Vartoogian stated the company's intentions are to retain all of the green space and to look at potentially moving or extending the play equipment further from the parking area. This is both from a safety perspective as well as an area perspective. Mr. Ruge made a motion, seconded by Dr. Bruch, to recommend approval of Z-7-2007, 1030 S. Holmes Street, "B" Residential District to "D-1" Professional Office District. Frederick Ave Ruge. Ave Bruch Ave Williams Ave On a roll call vote, there were: Ayes: 4; Nays: 0; carried; unanimous. Approved. PLANNING BOARD MINUTES September 18, 2007 Page 4 b. SLU-3-2007, 209 N. Walnut Street, Special Land Use Permit— Church This is a request by Samina Shahabuddin for a Special Land Use permit to utilize a portion of the building at 209 N. Walnut Street for church services. The proposed church would accommodate up to 20 parishioners. Churches are permitted in the "D-1" Professional Office district, which is the designation of the property at 209 N. Walnut Street, if a Special Land Use permit is approved by the Lansing City Council. Staff recommended approval of SLU-3-2007, 209 N. Walnut Street, Special Land Use Permit — Church, with the following conditions: 1. The occupancy of the church is limited to 20 individuals; 2. All church activities, meetings, classes and services occur only during those hours that the office(s) in the building are not in operation; and 3. That there be 2 street trees in front of the building. Mr. Williams asked if the street trees would be facing Walnut Street. Mr. Ruge said yes and that they would be between the curb and the sidewalk. Mr. Ruge made a motion, seconded by Dr. Bruch, to recommend approval of SLU-3-2007, 209 N. Walnut Street, Special Land Use Permit — Church, with the following conditions: 1) The occupancy of the church is limited to 20 individuals; 2) All church activities, meetings, classes and services occur only during those hours that the office(s) in the building are not in operation; and 3) That there be 2 street trees in front of the building. Frederick . . . . . . . . . . . . . . . . . . . . Ave Ruge. . . Ave Bruch Ave Williams Ave On a roll call vote, there were: Ayes: 4; Nays: 0; carried; unanimous. Approved. Next meeting, Wednesday, October 10, 2007, at 4:00 p.m. 316 N. Capitol Ave., Department Conference Room. 2. URBAN DEVELOPMENT COMMITTEE, Ms. Cordill, Chair Next meeting, Tuesday, September 25, 2007, at 4:00 p.m. 316 N. Capitol Ave., Department Conference Room. PLANNING BOARD MINUTES September 18, 2007 Page 5 Mr. Williams made a motion, seconded by Dr. Bruch to dissolve into the Committee of the Whole. On a voice vote, the motion carried unanimously (4-0). 3a. COMMITTEE OF THE WHOLE a. Z-5-2007, 600 S. Capitol Avenue, "D-1" Professional Office District to "F-1" Commercial District This is a request by Annabelle & Associates, Inc. to rezone the property at 600 S. Capitol Avenue, more specifically described as: Lots 1, 2 & 3, Block 159 Original Plat, City of Lansing, Ingham County, MI from "D-1" Professional Office District to "F-1" Commercial District. If approved, the applicant intends to construct an addition to the building, improve the parking area and establish a day care center for dogs with some rooms available in the lower level for overnight care of dogs. Ms. Stachowiak stated that the Board's recommendation is that this request be approved under the contract zoning. If City Council does not accept the contract zoning, then the Board's recommendation is to deny the rezoning without the contract. Dr. Bruch stated that she visited the site and there is a retaining wall on the northwest wall, issues with trees, a shed, and it is a whole sea of asphalt out there. She asked if any of these things will be dealt with during site plan review. Ms. Stachowiak stated that it will have to go through site plan review because the applicant is proposing a huge addition on to the building. In this case, the only buffer requirements will be along the street frontage. Mr. Ruge asked if a building of this size and this use needs to have all that parking. Ms. Stachowiak stated that there will be so many different activities in this building: daycare, overnight care, grooming and the pet store. With the addition, they will probably need it just to meet the City's requirements and there is a little bit of flexibility in the ordinance from a staff standpoint. If the applicant is willing to convert some of these parking spaces to landscape islands, the Planning Office would be willing to make that exchange. Dr. Bruch strongly recommended that landscape islands be added and some of the asphalt be removed. PLANNING BOARD MINUTES September 18, 2007 Page 6 Mr. Frederick made a motion, seconded by Mr. Williams to recommend approval of Z-5-2007, 600 S. Capitol Avenue, "D-1" Professional Office District to "F-1" Commercial District under contract zoning for this use only, with the recommendation that the applicant work with staff to reduce parking in exchange for landscaping. On a voice vote, the motion carried unanimously (4-0). b. Ordinance Amendments — Contract Zoning Ms. Stachowiak gave a brief overview and stated that all proposals will have to be reviewed by the Planning Board. Mr. Frederick is pleased to see this happening and it will give the Board a lot more flexibility in the business that they have done. It will certainly untie their hands in a lot of the things the Board has had to address. Dr. Bruch stated that her concern is that this would sit with the Law Office. Ms. Stachowiak stated that it will not because this is a hot issue with the EDC and the administration regarding the rezoning case at 600 S. Capital. Since the two have to progress together, this will move quickly. Mr. Williams asked if the Mayor's Office is in support of this ordinance amendment. Ms. Stachowiak said yes. Mr. Williams made a motion, seconded by Mr. Frederick to recommend approval of Ordinance Amendments — Contract Zoning. On a voice vote, the motion carried unanimously (4-0). Mr. Frederick made a motion, seconded by Mr. Ruge to arise from Committee of the Whole. On a voice vote, the motion carried unanimously (4-0). 3b. COMMITTEE OF THE WHOLE a. Z-5-2007, 600 S. Capitol Avenue, "D-1" Professional Office District to "F-1" Commercial District This is a request by Annabelle & Associates, Inc. to rezone the property at 600 S. Capitol Avenue, more specifically described as: Lots 1, 2 & 3, Block 159 Original Plat, City of Lansing, Ingham County, MI from "D-1" Professional Office District to "F-1" Commercial District. If approved, the applicant intends to construct an PLANNING BOARD MINUTES September 18, 2007 Page 7 addition to the building, improve the parking area and establish a day care center for dogs with some rooms available in the lower level for overnight care of dogs. Dr. Bruch gave a brief overview. Dr. Bruch made a motion, seconded by Mr. Williams, to recommend approval of Z-5-2007, 600 S. Capitol Avenue, "D-1" Professional Office District to "F-1" Commercial District. Frederick . . . . . . . . . . . . . . . . . . . . Ave Ruge. . . Aye . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bruch . . . . . . . . . . . . . . . . . . . . . . . Ave Williams . . . . . . . . . . . . . . . . . . . . . Aye On a roll call vote, there were: Ayes: 4; Nays: 0; carried, unanimous. Approved. b. Ordinance Amendments — Contract Zoning Dr. Bruch gave a brief overview. Dr. Bruch made a motion, seconded by Mr. Williams, to recommend approval of Ordinance Amendments — Contract Zoning. Frederick . . Aye Ruge. . . . . . . . . . . . . . . . . . . . . . . . Aye Bruch . . Aye Williams . . . . . . . . . . . . . . . . . . . . . Aye On a roll call vote, there were: Ayes: 4; Nays: 0; carried; unanimous. Approved. 4. EXECUTIVE COMMITTEE C. Old Business — None. D. Report from Planning Manager— None. E. Pending Items: Future action required 1. Zoning and Ordinance Committee a. Z-1-2006, 310/312 Chestnut b. Z-3-2006,W. Edgewood c. Z-17-2005, Polly& Benjamin d. Z-12-2006& SLU-7-2006 2727 Lyons Avenue 2. Urban Development Committee a. Master Plan Project 3. Committee of the Whole 4. Planning Board PLANNING BOARD MINUTES September 18, 2007 Page 8 8. NEW BUSINESS — None. 9. COMMENTS FROM CHAIRPERSON — None. 10. COMMENTS FROM BOARD MEMBERS Dr. Bruch asked about the status of the letters from the last meeting. Ms. Stachowiak stated that she would check with Mr. Rieske. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS — None. a. Dollar Store-Willow Street&MLK Blvd.- landscaping&buffering (May 20, 2003) b. Grovenburg property-dumpster in ROW(July 1, 2003) c. 2714 W. Jolly Road-church with large statue in front yard (January 20, 2004) d. W.Willow Street- Grace Tabernacle Church-no landscaping (May 4, 2004) e. Michigan Ave& Shepard Street-sign business-several banner signs nailed to the outside of building (May 4, 2004) f. 2702 S. Cedar Street-no landscaping (May 18, 2004) g. 2410 S. Pennsylvania Ave.-no landscaping (November 3, 2004) h. 2200 W. Holmes Road- Bad Habits-excessive signs(May 3, 2005) i. 2618 Cavanaugh Road. - registered rental&front yard paved, used for parking (October 4,2005) j. Keeps Party Store-Aurelius Road-illegal signs (July 5, 2006, July 18, 2006& September 5, 2006) k. Clarion Hotel—two big signs advertising Great Lakes Condominiums (December 5, 2006) I. The Firm—review requirements for fenced outdoor patio(December 5, 2006) m. 928 Pacific Ave.—6 foot fence in front yard on a corner lot(February 6, 2007) n. 4311 S. Cedar Str.—barber shop in a residential neighborhood& illegal signs (April 3, 2007) o. 1409 Eureka Str.—large hole in roof of the porch (July 17, 2007) 12. ADJOURNMENT - Meeting was adjourned at 7:35 p.m. Respectfully submitted, William C. Rieske, Secretary, Planning Board PBMinutes.091807.doc Approved as written 11-7-07 Draft to Clerk October 3,2007 Approved November 7, 2007 To Clerk December 7,2007 Minutes of the Regular Meeting LANSING PLANNING BOARD 7:00 p.m., Tenth Floor, Council Chambers -' Lansing City Hall Tuesday, September 4, 2007 �...:? 1. OPENING SESSION The meeting was called to order at 7:00 p.m. by Mr. Frederick, Acting Coair.`:' - N .: CJ A. Roll call: Present: Frederick, Ruge, Bruch, Cordill, Williams. B. Staff Attending: Stachowiak, Rieske. C. Excused absences: None. D. Absent: None. 2. APPROVAL OF AGENDA Ms. Cordill made a motion, seconded by Dr. Bruch to approve the agenda. On a voice vote, the motion carried unanimously (5-0). 3. COMMUNICATIONS A. Letter of opposition from Vernon J. & Grace M. Andrews regarding SLU-3-2007 4. HEARINGS A. Z-7-2007, 1030 S. Holmes Street, "B" Residential District to "D-1" Professional Office District This is a request by Spartan Internet Consulting Corp. to rezone the property at 1030 S. Holmes Street, more specifically described as: Lots 1 through 13 inclusive & Lots 21 through 34 inclusive, Block 11 Manufacturers Addition No 2, City of Lansing, Ingham County, MI from "B" Residential District to "D-1" Professional Office District. If approved, the applicant intends to utilize the building at this location for an internet consulting service (office use). Ms. Stachowiak gave a brief overview. Dr. Bruch asked if the issue of losing the play space and open space had been figured out. Ms. Stachowiak stated that the neighborhood association president is in the audience tonight. 'To her knowledge, the neighborhood has not come forward to the school district asking to PLANNING BOARD MINUTES September 4, 2007 Page 2 purchase this property. They have worked with this particular applicant or at least are aware of this applicant's plans for this property and are supportive of the proposal. Dr. Bruch stated that she dislikes the passing of the open space into private hands rather than public hands. Ms. Stachowiak stated that the City does not have the resources to maintain its existing parks let alone take on any others. As far as the neighborhood is concerned, the property is available to them for purchase just as it is to Spartan Internet Consulting. Dr. Bruch asked if there is anything that the Board can do to have the City look into this issue because this will happen more and more as schools continue to go this route of getting redone as to separating the open space from the building and splitting the lots. Whether it stays school property and the school district continues to maintain it without having the building. Ms. Stachowiak stated that she does not believe that the school district is really interested in doing it. Dr. Bruch stated that this may actually be the best use for the public. Ms. Stachowiak stated that she could talk with the school district and see if they are receptive to this. She can do this before the next meeting. Mr. Rieske stated that the open space issue would be able to be addressed under a contract zoning situation and that another possibility is to have that open space remain "A" Residential District. Ms. Stachowiak stated that it still does not make it available to the public. It keeps it as a fenced in green space. Mr. Ryan Vartoogian, President of Spartan Internet Consulting, located at 115 W. Allegan Street, stated that they are in the process of working with the City of Lansing Economic Development Corporation, faculty from Michigan State University and the neighborhood association to help develop the Holmes Street School into the future headquarters of Spartan Internet Consulting. They are also developing a technology center for the mid-Michigan region as an outreach program to youth within the City to educate them on the fields of information technology as well as career opportunities. This is in response to a growing shortage in enrollment within computer science and computer engineering fields nation wide. This is a win situation for the City of Lansing. Mr. Vartoogian added that he had already purchased the property and that the purchase agreement has been approved with the school district. Mr. Adam Pitcher, resident of 1052 Parker Street and President of the Holmes Street School Neighborhood Association, stated that the neighborhood has come together with overwhelming potential since they last talked with the Board. The neighborhood wants to ensure the growth and productivity. The neighborhood association's request with the Holmes Street School is to require a purchaser who will enhance the area and protect the precious green space. They believe that Spartan Internet Consulting will do both. He stated that Spartan Internet Consulting has agreed to work with the neighborhood on developing creative solutions to help this area along with the surrounding areas. They have assured the PLANNING BOARD MINUTES September 4, 2007 Page 3 residents that the green space can be worked out so that most of it can be preserved for its original intent. The City of Lansing has assured the residents that they too are committed in finding a way to retain the green space for the neighborhood use. The neighborhood is very excited about this endeavor and support this purchase. Mr. Mike Jones, resident of 1222 Climax Street, stated that he was in favor of the previous proposal by Teen Challenge. He is disappointed and he comes as a resident of a neighborhood that is not supportive of this proposal. He thinks that people were intimidated by the Mayor's Office the last time. He stated that it was the Mayor's Office that held up the purchase of this property until the purchase offer was expired and Teen Challenge chose not to go through that process a second time. He was disappointed that the Mayor's Office held up the request after the Planning Board and majority of the City Council members showed support of the proposal. He is still quite troubled about how the past proposal fell by the wayside. He wished that the Planning Board or City Council had challenged the Mayor's Office after what appeared to be deliberately holding up the request until after the offer had expired. If there is going to be an integrated response to green space, he has not seen it sorted through yet. He wished that it would have been thought of ahead of time and presented instead of residents wishing that the City would do one thing or another. They would like to see something more concrete presented. He hopes that the Board can set the pace for it and the residents can read that as more encouraging for the future direction of projects like this. Seeing no one else wishing to speak, Mr. Frederick closed the public hearing for Z-7-2007, 1030 S. Holmes Street, "B" Residential District to "D-1" Professional Office District and was referred to the next Zoning and Ordinance Committee meeting scheduled to meet September 18, 2007 at 6:30 p.m. in the City Council Conference Room at 124 W. Michigan Avenue. B. SLU-3-2007, 209 N. Walnut Street, Special Land Use Permit - Church This is a request by Samina Shahabuddin for a Special Land Use permit to utilize a portion of the building at 209 N. Walnut Street for church services. The proposed church would accommodate up to 20 parishioners. Churches are permitted in the "D-V Professional Office district, which is the designation of the property at 209 N. Walnut Street, if a Special Land Use permit is approved by the Lansing City Council. Ms. Stachowiak gave a brief overview. Dr. Bruch asked if the Board could get information when they next meet regarding other churches in the area and local bars in the area. Ms. Stachowiak stated that this church is nowhere near any bars and that she PLANNING BOARD MINUTES September 4, 2007 Page 4 could have this information for the next meeting. Reverend Carin Bowes, applicant, stated that this zoning would be most appropriate with the services being offered. Although they do have twelve other centers around the country, most of those properties are zoned commercial and residential because they have people who live in them and they also offer classes to the public. She stated that this has worked well too, and the church is a more appropriate zoning for the services that they offer. They have classes on Tuesday, Wednesday and Thursday evenings and these classes are all outside of their office hours, typically starting between 7:00 p.m. and 7:30 p.m., and services on Sunday mornings outside of office hours. This would not conflict at all with any parking situations and they have already spoken with the renter of the social equity office who rents below their office. They are fine with what the church has and it will not be conflicting with their work. She sees this a being a win-win situation and with being around other churches in the area that they are only bringing light and opportunities for people to deepen their experiences with having peace in their lives. It is all for the purpose of helping people. Mr. Ruge asked if the church will have pews or seats. Reverend Bowes stated that the church will have seats and would accommodate up to 20 people. Ms. Monica Zuchowski, resident of 320 N. Walnut Street and President of the Downtown Neighborhood Association (DNA), stated that the DNA is not taking a position on the proposal but does have some questions. She asked about the Sunday morning services and if the spaces on Walnut Street will be packed for St. Mary's. She stated that this will be a parking conflict on the street on Sunday mornings. With the site description, there are seven off street parking spaces to the rear and two more along the north side of the building. The letter shows that there are nine parking spaces in the back of the building and three extra one rented from the building from 215 N. Walnut. She stated that the DNA would like to know how many spaces there are. She mentioned getting input from the churches within the two block radius (i.e. St. Paul's Christian United Methodist, St. Mary's Catholic Church, the Baptist Church and the Presbyterian Church). She stated that it would be interesting to hear their comments and also if anyone has commented on the color of the building. She has heard from a number of people in the neighborhood that it is the most vivid blue color and it really stands out. It does not blend in with the neighborhood which has more subdued colors. She stated that there are some people in the community who are not thrilled with the color of the building. Seeing no one else wishing to speak, Mr. Frederick closed the public hearing for SLU-3-2007, 209 N. Walnut Street, Special Land Use Permit — Church and was referred to the next Zoning and Ordinance Committee PLANNING BOARD MINUTES September 4, 2007 Page 5 meeting scheduled to meet September 18, 2007 at 6:30 p.m. in the City Council Conference Room at 124 W. Michigan Avenue. Mr. Ruge asked if the other churches would have been notified. Ms. Stachowiak stated that the churches within 300 feet would have been notified and this included the First Presbyterian Church and St. Mary's Catholic Church. Ms. Cordill asked if state-owned parking lots were available for those coming into the downtown area for parking on Sundays. Ms. Stachowiak stated that they can get a lease from the State of Michigan to use it. Ms. Zuchowski stated that the State parking lots are generally open in the evenings and on the weekends. The Legislative parking lots are closed if the Legislature is still in session. This would mean the Capitol lot, the Ferris parking lot and the Roosevelt Building. The Capitol lot is open if the legislature is not in session after 5:00 p.m. and the Roosevelt Building is open primarily for the use of the three churches in that block. They were the only three churches (St. Paul's, Central United Methodist Church and the Baptist Church) that wanted to enter in an agreement with the State of Michigan. Those three churches are allowed to use the Roosevelt Building parking structure in the evenings and on the weekends. She believes that building is locked down at either 10:00 p.m. or 10:30 p.m. St. Mary's church was not interested in entering into an arrangement. Those parking do pay a nominal fee to the State of Michigan for using the Roosevelt building structure. If the gates are up, people can use the parking lots. Mr. Frederick inquired about the number of parking spaces that are actually on the property and if the applicant meets the requirements. Ms. Stachowiak stated that the applicant does not meet the requirements. It is currently non-conforming and can remain this way. Staff would need to figure out if the applicant would meet the requirements with the 20 parking spaces plus the residential units they have there. The applicant would need 6 to 7 parking spaces just for the church itself. Staff will need to figure out how many bedrooms are in each one of the residential units because they will need to have their own parking spaces. These parking spaces will need to be in addition to what the church needs. What usually happens in these situations is they are capped on their occupancy for the church at the available parking. 5. COMMENTS FROM THE AUDIENCE (3 minutes each) Ms. Sahrina Shahabuddin, representative of Center of Light, stated that with the current parking situation, there are nine parking spots: seven in the back and two on the side. They are renting three parking spots from the building next door at 215 N. Walnut. This gives the church 12 parking spots. The two residential units that are currently there, they are in the process of renovating and converting PLANNING BOARD MINUTES September 4, 2007 Page 6 them into a one unit where the ministers are going to be living. It is not another two or more rental spaces that are going to need parking spots. It is the church. Seeing no one else wishing to address the Board, Mr. Frederick closed the public comment period. 6. RECESS was taken by the Board. 7. BUSINESS SESSION A. Consent Items 1. Minutes for Approval: (Minutes will be presented for consideration at a later date) 2. UDC Report a. ACT-12-2007, Flowage Easement for Soundwall Project Dr. Bruch asked about having the soundwall only on the west when all the sound is now going to bounce to the east side. Now the ease side will be noisier. Mr. Rieske stated that would be a question for MDOT. Dr. Bruch asked if MDOT could answer it. She stated that the sound walls do not get rid of the noise. The noise bounces and now the middle of the neighborhood will hear more of it. Ms. Cordill stated that she wondered why MDOT stopped the sound wall further to the north and did not go south of Saginaw Street. It does not immediately impact her but she knows that there are streets, Fernwood Avenue and Lee Blvd, where a ramp is right there. She was wondering why MDOT did not address that one. Mr. Rieske stated that he could ask for some information regarding that project and provide this at the next meeting. Dr. Bruch asked if the Board is supposed to receive information before the projects begin. Mr. Rieske stated that this is an issue. In this case, they found that they were putting water on to the Board of Water and Light property and they wanted an easement. They have the right to do that. This is not much of a Planning issue because the planning has already been done on the project. MDOT is not responsible to the City for submitting the plans. He stated that it would be nice to have coordination all around but it does not always happen. Mr. Williams stated that this was an appropriate time to let the Board know that, as an employee of MDOT and working in the Executive Office, he will refrain from discussion and abstain from voting on this matter. PLANNING BOARD MINUTES September 4, 2007 Page 7 Mr. Frederick stated that since this is a consent item, the only way to have a vote is if there would be an objection and he has not heard any objections to allowing MDOT to let water flow on BWL property. It is going to be a control flow and not a flood. They just want the right to drain the water from one side of the property to the other. Dr. Bruch stated that she had an objection to the letter MDOT sent and that it said MDOT has the right to remove trees as necessary. The part not added back in is replacing those trees. She stated that the minute a tree is cut it impacts the area. She requested that if trees are cut down, they be replaced to mitigate that impact. Mr. Rieske stated that the Planning Office will forward this request as a further recommendation. APPROVED w/o Objections. b. Michigan School for the Blind Historic District Study Committee Preliminary Report APPROVED w/o Objections. C. Riverbend/Whitehall Neighborhood Enterprise Zone (NEZ) APPROVED w/o Objections. B. Committee Reports 1. ZONING AND ORDINANCE COMMITTEE, Mr. Ruge, Chair Next meeting, Tuesday, September 18, 2007, at 6:30 p.m. 124 W. Michigan Avenue, City Council Conference Room. 2. URBAN DEVELOPMENT COMMITTEE, Ms. Cordill, Chair Next meeting, Tuesday, September 25, 2007, at 4:00 p.m. 316 N. Capitol Ave., Department Conference Room. 3. COMMITTEE OF THE WHOLE 4. EXECUTIVE COMMITTEE PLANNING BOARD MINUTES September 4, 2007 Page 8 C. Old Business — None. D. Report from Planning Manager— None. E. Pending Items: Future action required 1. Zoning and Ordinance Committee a. Z-1-2006, 310/312 Chestnut b. Z-3-2006,W. Edgewood c. Z-17-2005, Polly& Benjamin d. Z-12-2006&SLU-7-2006 2727 Lyons Avenue 2. Urban Development Committee a. Master Plan Project 3. Committee of the Whole 4. Planning Board 8. NEW BUSINESS — None. 9. COMMENTS FROM CHAIRPERSON — None. 10. COMMENTS FROM BOARD MEMBERS Ms. Cordill stated that it was brought up in the public hearing about the reuse of the Holmes Street School and the Mayor postponing a decision. She would like for it to be clear that the Board did not influence that request. The Planning Board held a hearing, made a decision and forwarded the recommendation to the City Council Office. It almost sounded like it was a little tainted and she did not want any appearance of that. Mr. Williams stated that with the special land use permit for the church on Walnut Street, he asked if there was a mechanism in place to solicit comment from the other neighborhood churches that have not already been informed of this proposal. Mr. Rieske stated that the Planning Office will need to ask them and make that connection. Mr. Williams stated that as someone who used to live in that neighborhood and spent time downtown on Sundays, there are parking issues from time to time, and he would like to hear some comments from the other churches in the neighborhood. They may not have anything to add but he would like to give them the option to make a statement. Dr. Bruch asked about notification to the Law Office regarding the Board's outstanding issues. There are some issues over a year old that have not been addressed. Can the Board respectfully write a letter to request that these issues be addressed and continue until there is progress. She stated that the Board needs to move forward on these. Dr. Bruch made a motion, seconded by Ms. Cordill to continually connect with the Law Office regarding the Board's outstanding requests and that these requests be addressed. Mr. Ruge suggested that the letter should have a list of the items that the Board is interested in. He is hesitant to send the Law Office two letters a PLANNING BOARD MINUTES September 4, 2007 Page 9 month because it would be intolerable. He recommended sending one letter every six months because it would be much more effective. Mr. Williams asked if it would be appropriate to ask someone from the Law Office to make presentation before the next Board meeting as to an update on outstanding issues. Mr. Rieske stated that the idea of putting repeated requests dilutes the Board's credibility and effectiveness. The Law Office attends City Council meetings and having someone attend a Planning Board meeting may not be effective, but he can certainly ask. Mr. Williams asked about a written update. Mr. Rieske stated that a written update may be possible. This was accepted as a friendly amendment. On a voice vote, the motion carried unanimously (5-0). Dr. Bruch inquired about additional Board members and asked if the hold up was in the Mayor's Office or if diversity is not currently available in the pool of applicants. Mr. Rieske stated that the Board appointments are basically at the purview of the Mayor's Office and he has talked with them about it. Ms. Cordill made a motion, seconded by Dr. Bruch to request a written update from the Mayor's Office regarding miscellaneous items including ordinances and the status of filling Board vacancies. On a voice vote, the motion carried unanimously (5-0). Dr. Bruch asked about an update on the Master Plan. Mr. Rieske stated that it can be done at the Urban Development Committee or during Committee of the Whole meetings. Dr. Bruch stated that she will not be able to attend the Zoning and Ordinance Committee meetings because she teaches until 6:00 p.m. on Wednesdays. Dr. Bruch inquired about how many schools are currently vacant and how many in the future may be going through this. There are five playgrounds that are no longer available to the neighborhoods and Lansing was already short of playgrounds in neighborhoods. In the past, the planning was well done to make sure that there were playgrounds in neighborhoods. Mr. Rieske stated he would have to look into the matter. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS — None. a. Dollar Store-Willow Street&MILK Blvd. -landscaping&buffering (May 20, 2003) b. Grovenburg property-dumpster in ROW(July 1,2003) c. 2714 W. Jolly Road-church with large statue in front yard (January 20, 2004) d. W.Willow Street-Grace Tabernacle Church-no landscaping (May 4, 2004) e. Michigan Ave& Shepard Street-sign business-several banner signs nailed to the outside of building (May 4, 2004) f. 2702 S. Cedar Street- no landscaping (May 18, 2004) g. 2410 S. Pennsylvania Ave. -no landscaping (November 3, 2004) h. 2200 W. Holmes Road- Bad Habits-excessive signs(May 3, 2005) i. 2618 Cavanaugh Road. - registered rental &front yard paved, used for parking (October 4,2005) j. Keeps Party Store-Aurelius Road-illegal signs(July 5, 2006, July 18, 2006& September 5, 2006) k. Clarion Hotel—two big signs advertising Great Lakes Condominiums (December 5, 2006) I. The Firm—review requirements for fenced outdoor patio (December 5, 2006) m. 928 Pacific Ave.—6 foot fence in front yard on a corner lot(February 6,2007) n. 4311 S. Cedar Str.—barber shop in a residential neighborhood & illegal signs (April 3, 2007) o. 1409 Eureka Str.—large hole in roof of the porch (July 17, 2007) PLANNING BOARD MINUTES September 4, 2007 Page 10 12. ADJOURNMENT - Meeting was adjourned at 8:00 p.m. Respectfully submitted, t William C. Rieske, Secretary, Planning Board PBMinutes.090407.doc Approved as written 11-7-07 Draft to Clerk September 19, 2007 Approved November 7, 2007 To Clerk December 7,2007 Minutes of the Regular Meeting LANSING PLANNING BOARD 7:00 m., Tenth Floor, Council Chambers ``' c71 7,0 Lansing City Hall c ` ' r Tuesday, August 21, 2007 < — r7"i 1. OPENING SESSION r-� The meeting was called to order at 7:03 p.m. by Mr. Frederick, Acting Chair.6.) A. Roll call: Present: Frederick, Ruge, Bruch, Cordill, Williams. B. Staff Attending: Stachowiak, Rieske. C. Excused absences: None. D. Absent: None. 2. APPROVAL OF AGENDA Dr. Bruch made a motion, seconded by Ms. Cordill to approve the agenda as amended. On a voice vote, the motion carried unanimously (5-0). Ms. Stachowiak stated that under the Committee of the Whole, ACT-4-2007 should be removed because the case is under the Urban Development Committee and will have action taken at that time. 3. COMMUNICATIONS A. Letter of support from Addiss and Associates regarding Z-6-2007 & PRD-2-2007 B. Letter of opposition from Sandi Finley regarding Z-6-2007 & PRD-2-2007 C. Letter of opposition from Judith D. Hill regarding Z-6-2007 & PRD-2-2007 D. Letter of opposition from Ann Kostin-McGill regarding SLU-2-2007 E. Letter of opposition from Amy & Joe Johnson regarding Z-6-2007 & PRD-2-2007 F. Letter of opposition from Paula Houseman regarding Z-6-2007 & PRD-2- 2007 G. Letter of opposition from Robert Nelson regarding Z-6-2007 & PRD-2-2007 H. Letter of opposition with attachments from Sandi Finley regarding Z-6-2007 & PRD-2-2007 I. Letter of opposition from Kathleen Pease regarding Z-6-2007 & PRD-2- 2007 J. Letter of opposition from Virginia Sue Johnson regarding Z-6-2007 & PRD-2-2007 K. Letter of opposition from Nancy Wireman regarding Z-6-2007 & PRD-2- 2007 L. Letter of support from the Lansing Economic Development Office regarding Z-5-2007 PLANNING BOARD MINUTES August 21 2007 Page 2 M. Letter of opposition from Clark Hill on behalf of Michigan Manufacturers Association regarding Z-5-2007 N. Letter of opposition from Linda Appling regarding Z-6-2007 & PRD-2-2007 O. Letter of opposition from Judith Terbrack regarding Z-6-2007 & PRD-2- 2007 P. Letter from Lawrence Franklin requesting information regarding Z-6-2007 & PRD-2-2007 Q. Petition in opposition to Z-6-2007 & PRD-2-2007 4. HEARINGS A. Z-4-2007, Vacant Lot - Trudy Lane, "A" Residential District to "C" Residential District This is a request by Robert Beagan to rezone the vacant lot located directly north of 2724 Trudy Lane, more specifically described as: Commencing 360 Feet West & 200 Feet South of Northeast Corner of West % of Southeast 114, Thence South 100 Feet, West 29 7.3 7 Feet, North 100 Feet, East 297.37 Feet to Beginning; Section 26 T4N R2W, City of Lansing, Ingham County, MI from "A" Residential District to "C" Commercial District. If approved, the applicant intends to construct a duplex on the subject property. Ms. Stachowiak gave a brief overview. Mr. Robert Beagan, resident of 1850 Dennison Road, East Lansing, stated that he did not have anything and would be willing to answer any questions the Board may have. Mr. Al Diaz, resident of 2900 Forest Road, stated that he has concerns with the size, 100 ft. wide by 300 ft. deep, and is not sure how the applicant will fit this particular building in this area. There are three homes on this street and this building would be a good divider between the condominiums and the neighborhood. He believes that the duplex will be too tight for this particular area as far as parking. He asked if the applicant will build a dividing fence. He stated that it is just nice to have that divider between the houses and the condominiums. He is concerned about privacy, getting the building to fit properly on the parcel, and drainage. He stated that he is opposed to the proposal. Seeing no one else wishing to speak, Mr. Frederick closed the public hearing for Z-4-2007, Vacant Lot - Trudy Lane, "A" Residential District to "C" Residential District and referred it to the Committee of the Whole for this evening. PLANNING BOARD MINUTES August 21, 2007 Page 3 B. Z-5-2007, 600 S. Capitol Avenue, "D-1" Professional Office District to "F-1" Commercial District This is a request by Annabelle & Associates, Inc. to rezone the property at 600 S. Capitol Avenue, more specifically described as: Lots 1, 2 & 3, Block 159 Original Plat, City of Lansing, Ingham County, MI from "D-1" Professional Office District to "F-1" Commercial District. If approved, the applicant intends to construct an addition to the building, improve the parking area and establish a day care center for dogs with some rooms available in the lower level for overnight care of dogs. Ms. Stachowiak gave a brief overview. Dr. Bruch asked about other uses permitted under the "F-1" Commercial District, if the applicant decided to sell the property. Ms. Stachowiak stated that the "F-1" District would allow a lot of other uses: any type of restaurant including fast food, any type of office and retail, gas stations and car sales. Ms. Ann Andrews, resident of 1390 Haslett Road, Williamston, stated that she and her partners, Angela Brown and Robin Hiar, are proposing to build a downtown, very high end daycare and spa, kind of like a Douglas J. Academy for dogs. This is the atmosphere they are trying to create. She believes that the business is good for the downtown for three reasons: 1) They will add at least 15 jobs to the downtown area; 2) They will invest on a corner that needs beautification. They will put $1.7 million into this project. She has a photo of how the site will look when it is finished. She believes that this will improve property values in this area; and 3) They intend to offer evening seminars, training and other types of events (i.e. guest speakers who will draw people to the downtown area in the evenings and on weekends and make the City a more lively spot). She believes that this is important because it adds to the "big city" attitude and lends some sophistication to City. She stated that doggie daycares and spas are sprouting up all over and they have been very, very successful in many parts of the country. She thinks Lansing deserves one and ought to have one. She stated that the market that is available for bringing people downtown is huge. There are about 28,000 people who work in the downtown area, and according to national statistics, 44.8 percent of them have dogs. This means that just for people who work downtown, the market is 12,500 people. If all of Ingham County was included, there would be about 277,000 people, with 44.8 percent of them have dogs. This would mean PLANNING BOARD MINUTES August 21, 2007 Page 4 there are 124,050 people who would be drawn to events happening downtown. This would certainly improve downtown's economy. She stated that the pet industry is growing by leaps and bounds. The recent Pet Manufacturers Association puts the industry as a whole at $40.8 billion. The national market for just high end care is $2.7 billion. She does see this as a boom for downtown Lansing. She stated that there are concerns about noise, odor, traffic and aesthetics. With respect to the noise, they have a three part plan to abate any noise that would be coming from the facility. They will use sound absorbing materials and keep the dogs occupied. The space downstairs that will be used for the suites are large, at least 80 square feet and each of them will have a television which does keep the dogs occupied and not barking. They will also have a security wall around the building that will buffer any further noise that might emanate. On Sunday, they had a bark fest in the parking lot. There were nine dogs and they got them riled up and barking. They took the decibel readings very close up and it was at approximately 94 to 95 decibels which is pretty loud. By the time someone gets to the MMA and stands outside their front door, the decibel reading was about 64 to 65 without the security wall. This is about normal conversation. Their building is up high and the MMA building is down low and therefore, there is a natural barrier right there. With St. Joe Hwy., every time a car or truck went by, the decibel meter hit between 72 and 74 decibels. This was more noise than what nine barking dogs would cause. The protection that they have already put there will more than abate any noise problems that could possibly exist. She stated that she does not believe that there will be a problem with feces. She is a member of the American Boarding and Kennel Association and the standard is double pack all the dog droppings and put them in a dumpster. They will do better than that. They will double bag all of the feces and go into a sealed container within their security area and it will only be trolleyed out at the time the dumpster will be picked up. In any event, they calculated that they would only be generating about 3.3 gallons a day which is not that much to take care of. With traffic, they have a very innovative way to move people in. There will be a drop off service and they will take care of each car as it comes around. They will have plenty of time during the rush hour to get 40 to 50 dogs in without any trouble. Lastly, the new zoning statute, MCL 125.3405, allows this body to recommend and the City Council to adopt conditions that they volunteer. They will volunteer to have the City put conditions on their property that it can only be used for this doggie daycare and spa and other than that, it will revert back to Professional Office. They will also allow the City to add any recommendations regarding the ambient noise levels so that it will not exceed the regular ambient noise levels of the neighboring properties. PLANNING BOARD MINUTES August 21, 2007 Page 5 Mr. Roger Thornburg, resident of 3961 Raven Circle, Okemos, stated that he supports the proposal. His office is located at 611 S. Capitol and has been there for over 30 years. There are apartments in the area with tenants who have dogs. He has had this property for lease for offices for over two years. They need the kind of innovative, adaptive re-use and planning that helps them to be more like Old Town, ReoTown and more like the Stadium District. They need a lot of help in this neighborhood. There are four out of five buildings for sale on his block and have been vacant for years in some instances. What is being proposed is not only good for the neighborhood but very good for Lansing. He stated that he just ran into Pat Gillespie, developer for the Prudden building. Mr. Gillespie indicated that they have a number of condominiums selling for $297,000 and apartments renting for $1,200. To him, this is staggering in Lansing. These residents are pet people and have pets. They need and want these kinds of services. He stated that these are the sorts of things that he thinks are innovative, like Ann Arbor and Grand Rapids. These are places that have really built a city. He has lived and worked downtown for a really long time and he is proud to be from Lansing. The City needs help, particularly on south Capitol Avenue. They have tried a lot of things. He believes that the applicant will make this area better for the neighborhood and bring a lot to the City. These are amenities that the downtown people need. They don't just want people downtown from 8:00 a.m. to 5:00 p.m. The City has had this for a long time. There is currently an inordinate amount of office vacancies. When people who are as innovative as Ms. Andrews and try to help this City and put this kind of time and effort in to it, he certainly thinks that not only is it good for the City, they are to be commended for what they are doing. No one is closer to this building than he is. He has looked at it for 26 years. He is looking forward to what Ms. Andrews is contemplating and the improvement to the neighborhood and the community. Mr. Paul Novak, resident of 1132 S. Genesee Drive and representative of the Michigan Manufacturing Association (MMA), stated that he is a proud Lansing resident and dog owner. He stated that the MMA would like to register their objection to the proposal. This is a spot zone. The adjacent properties to the north, south, east and west of this property are zoned "D-1" Professional Office District and what is being proposed is a more intensive use of an "F-1" designation for this particular property. The MMA has essentially four concerns: 1) Disposal of waste and the potential odor issues that will be associated with this type of use; 2) Noise issues; 3) Safety; and 4) Traffic. There will be outdoor dog areas. The adjacent property, MMA, is designed to be a welcoming center for various industries not only throughout the country but throughout the world who would be coming to Lansing to hear how the city has a business environment that is conducive to manufacturing and business investment. What they are looking for is some indication of what the regulatory climate is like in Michigan and PLANNING BOARD MINUTES August 21, 2007 Page 6 whether they would be able to invest in this state and bring jobs to this state. What they will be by is an adjacent land use with barking dogs and particularly in these hot summer months, a very nasty odor issue. Irrespective of whether conditions could be placed on the proposal and he questions whether they would be enforceable, the damage would have been done when those entities and individuals come into the MMA's facility and get that type of enduring, mental impression of the city of Lansing. With safety, there is a concern considering there are approximately 43 dogs on average per day that are projected to be coming in to the facility and the possibility of one or two dogs getting loose. There are traffic considerations that could be associated not only with this facility but with any use from an expanded and more intensive "F-V use for the property. In section 1268.03 of the City's ordinance, it has specific setback requirements for the operation of a kennel. He thinks that this would be an operation of a kennel. Among those, there would be at least 400 feet from any lot line. If there is an outside exercise run, that the property be not less than 10 acres. He thinks that this violates both of those provisions as well and would consequently constitute a non-conforming use. He looks forward to have more discussions with the applicant about the proposal. The MMA's position is that this particular rezoning proposal should be opposed. Mr. Brigham Smith, resident of 314 Memphis Street, stated that he forwarded a recommendation letter from the EDC Office. He spoke with Mr. Bob Trezise and the EDC Office is on board and in favor of this proposal. Mr. Bob Johnson and Mr. Bob Trezise have been excited about the prospect of redevelopment along this cooridor and seeing something new develop here. He wanted to make sure that the Planning Board took a look at the EDC's recommendation as it considers this application. Mr. Don Morrison, resident of 9920 Sunrise Drive, Pinckney, MI, stated that stated that he is a business owner in Lansing and have been for the past 10 years. He has been in and out of the city for the last 20 years. He stated that the doggie daycare is not really in the vocabulary here. It is a spa. Doggie spas are all over Ann Arbor, MI and the residents here in Lansing should be accepting this with open arms. As a business owner, he feels that it will draw in people to the downtown area. Downtown Lansing needs to be revitalized. His business is in downtown Lansing and it is a shame at 5:00 p.m. when you do not see people walking down the street. It is this type of thing that he firmly believes is another aspect of the business of downtown and it will help revitalize the area. In Ann Arbor, when they talk about spas, people come PLANNING BOARD MINUTES August 21, 2007 Page 7 from miles and mile to bring their animals there. He thinks this is real important. He spoke with Mr. Gillespie, people are spending $297,000 for a condominium in downtown Lansing and they have pets. As someone looks at Lansing as a whole, he would love to see it like Ann Arbor or Grand Rapids. It is another way of life and it is a great, solid aspect to the business in revitalizing downtown Lansing. Ms. Robin Hiar, resident of 6233 Peck Road, Eaton Rapids, stated that she is one of the partners for this proposal. Part of the concept of coming up with this was to have a place where they would like to take their own pets. They are very committed to their animals and they are her children. Part of the concept was to provide safety for the employees and the pets. If the Board would like to take a closer look, they would be more than happy to show it to them. It demonstrates that registered pet owners will be able to pull up and drop off their pets. There are some chutes that the animals will be directed to for safety and efficiency. Their biggest concern is having someone lose their pet and they tried to provide that in their plan. This is something that they definitely would want to help. They would be more than happy to speak to the Board and would love for the Board to view the design. Mr. Robb Munger, P.O. 408, Caledonia, MI, stated that Michigan needs jobs and this lady is looking at investing $1.7 million in to Lansing. He has been all over the country and parts of the world and have watched these doggie daycares. He could not believe that somebody could make a business out of it and actually succeed. It is extremely successful. He applauds people who are willing to invest. He thinks that manufacturing associations with the case of China and where Michigan's jobs are going to (North Carolina, South Carolina). We need to support people like this. He is saying this as a citizen of MI. He is in real estate and has watched interest rates at 17%, 18% and 19% and for someone to invest money in Michigan right now with the jobs that are needed, we need to applaud ladies like this. Seeing no one else wishing to speak, Mr. Frederick closed the public hearing for Z-5-2007, 600 S. Capitol Avenue, "D-1" Professional Office District to "F-1" Commercial District and referred it to the Committee of the Whole for this evening. C. Z-6-2007 & PRD-2-2007, 28.47 Acre Parcel - West end of Hunter's Ridge Drive, Rezoning from "CUP" Community Unit Plan to "A" Residential District, Planned Residential Development Z-6-2007 is a request by Robb Munger, DuRay Development, to rezone the vacant 28.47 acre parcel of land at the west end of Hunter's Ridge Drive, more specifically described as: PLANNING BOARD MINUTES August 21, 2007 Page 8 PART SE 1/4 COM SW COR HUNTER'S RIDGE SUB, TH W 1236.99 FT TO CITY LIMITS, N 155.04 FT TO E'LY BANK GRAND RIVER, N'LY ON BANK TO POINT DUE W OF NW COR HUNTER'S RIDGE CONDOMINIUMS, E 1098.09 FT TO SAID NW COR, SLY ALONG W'LY LINES ABOVE PLATS TO POB; EXC LANDS TO BANK OF SAID RIVER LYING WLY OF A LINE COM S 89DEG 37MIN 30SCD W 2105.24 FT AND N OODEG 22MIN 30SCD W 50 FT AND N 09DEG 13MIN 45SCD E 199.06 FT FROM SE COR SAID SEC, TH NE'LY 195 FT ALONG 596.57 FT RAD CURVE TO RT CHORD BEARING N 28DEG 11 MIN 50SCD E 194.13 FT, N 247 FT, W 310 FT +/- TO E BANK GRAND RIVER & POE; SEC 25 T4N R3W, CITY OF LANSING, INGHAM COUNTY, MI from "CUP" Community Unit Plan to "A" Residential District. The purpose of the rezoning is to permit a Planned Residential Development (PRD-2- 2007) on the subject property. The proposed development consists of 123 single family detached condominium units. Ms. Stachowiak gave a brief overview. Dr. Bruch asked about the river trail and if this development will allow the trail to continue. Ms. Stachowiak stated that it has been planned and the Parks and Recreation Department did not make any comments. Mr. Rieske stated that he does not believe that any easements or property acquisitions have taken place in that area. He has worked with the Parks and Recreation Department extensively on the river trail and issues related to it. Thus far, this has not come up as being a possibility at of yet. Ms. Stachowiak stated that the river is far enough away that if they wanted to put the river trail through here, they easily could. Even the units are outside of the flood plain area along the river. It could accommodate it. Dr. Bruch asked if the Board can add a setback of 25 feet or more. Ms. Stachowiak stated that it does not matter because those are not lot lines. They are just unit lines. If they wanted to come through and do an easement, the lot lines are not going to be relevant at that point. Ms. Stachowiak stated that her concern would be if the buildings were any closer to it that there would be a building obstruction in the way. This is all proposed to be raw land back there. There would be more than adequate room. It would be easy as such time that the river trail did come through there for them to grant an easement to the City or even dedicate land to the City for use for the river trail. Dr. Bruch asked if this could be added now. Ms. Stachowiak said that it could. Mr. Frederick asked about this property, regardless, something can go here. Ms. Stachowiak stated that what could go there by right without even having to go before the Board even for a planned residential development, is a continuation of the existing development along Hunter's Ridge. This would only need to go through the site plan approval and PLANNING BOARD MINUTES August 21, 2007 Page 9 there would be no public process like this. Mr. Rick Pulaski, Nederveld Planning and Engineering, stated that this is a 28.47 acre site and to the west is the Grand River. To the east is Waverly Road and that access is off Hunter's Ridge. This will be site condominiums with private roads and 123 units. This is significant because they are 4.3 units per acre. This will be serviced by sanitary sewer, water main and underground utilities (phone, gas, electric and cable). Before they start any plan, they basically look for the opportunities that the land presents to them. They look for opportunities to preserve and in this case, they are right along the Grand River, and they do want to preserve the Grand River frontage. They do not have any kind of key holing of lots that go up to that. Looking at the plan, it is all going to be in a common area right there along the flood plain. To the south, there are some wetlands and a drain. They are not touching those and are leaving them as preservation areas. They look for spots where there can be practical connections. In this case, it is not very practical to go to the west because there is a river. It is not very practical to go to the north because there is an existing development. They cannot cross to the south because of the stream, flood plain and more development to the south. There are not any areas for connection there. There is one logical point and that is Hunter's Ridge connection. They also look at where they are in the whole context of land development and density. They are not in a real urban area and as designers, they really like to do a lot of urban design, urban planning and urban revitalization. But they recognize that this is more of a suburban area and an area that needs to be protected and have a little bit of a different design than the typical cityscape. Mr. Munger wanted to preserve as much natural character as practical, and wanted to create and basically encourage a sense of community. This design needs to be one that fosters interaction and the gathering of people. Mr. Munger wanted them to try for a coved approach. This really struck a cord with him because it makes a lot of sense for this site. With the coved approach, the elements are winding streets and this helps to slow down traffic and make it safer for pedestrians. It gives more of a quaint and peaceful feel. The Board agreed to give Mr. Pulaski three more minutes. Mr. Pulaski stated that the first aspect of a coved development is winding streets. There is a nice rural feel as you go through the streets. They are quaint. They want to encourage pedestrian travel and keep kids safe so they do put sidewalks in. They create little pockets in a safe place where kids can play under the watchful eye of their parents. This is seen throughout the development. There are little pods of backyard areas where kids can go and be watched by parents and babysitters. PLANNING BOARD MINUTES August 21, 2007 Page 10 They try for connectability. There are no long cul-de-sacs. The whole project connects itself as you wind your way through there. Because they want to keep the trees as much as possible within this site, they are no looking to create a bunch of walk out lots and really scoop up the dirt. The approach that Robb is taking on this one is to go with a slab on grade design. This really helps to preserve and protect the character of that whole area and you can preserve a lot of trees this way by not basically recreating what the earth looks like right there. Finally, there is the variable home setback idea. As you look across the streetscape, you can see that when they go on outside curb, they tend to push the houses further back. On the inside of a curb in some places, the houses come closer to the street. This is kind of a non linear approach and it creates these little coves or pocket areas that just make it inviting and an interesting streetscape that is lined with sidewalks and street trees. He stated that the Master Plan does call for up to 14 units per acre and the zoning calls for up to 7 units per acre. They are at 4 units per acre. They want to be judged on the merits of their plan along and not just the fact that they are not as bad as what they could be. They really think that they have brought to the Board a good plan, sound design, good connection, and a good addition to the community of Lansing. Ms. Cordill asked if this development was intended to be a phased development. Mr. Pulasky stated that the development would be phased and as they work through a lot of the engineering details and the site plan process, they will have to bring the site plan back before the Board as well. The Board will be able to see what those phases are going to be. There would probably be two to three phases as this point. Mr. Pulasky stated that they would be willing to provide a right-of-way easement for any kind of walkway. Mr. Homer Lartigue, Jr., resident of 4143 Thackin Drive, stated that he is opposed to the proposed development which would be to the north of his residence. There is Rivers Edge to the east of him, Arbor Pointe to the south, Hunter's Ridge to the northeast, and now a new development is being proposed. With the development, it really does not enhance the property value of where he lives. He stated that they really do not need to have another set of apartments or condominiums, attached or detached, in the neighborhood. He does not know if these condominiums are going to be sold out right or leased. The only access that he sees is from Waverly Road going through the Hunter's Ridge subdivision. There is quite a bit of traffic that will be on Waverly Road entering and exiting that particular area. If each household had one adult, there would be 123 vehicles. If there are two adults in the home, there would be 246 vehicles going in and out of the Hunter's Ridge subdivision. He does not know if data has been collected about the demographics concerning the amount PLANNING BOARD MINUTES August 21, 2007 Page 11 of traffic that this is going to generate in that area. There are stop lights at Sheffield Blvd., Shepard Street and Waverly Road, Holmes and Waverly Roads, and the only alternative is to put in another stop light to handle all the traffic coming from both Hunter's Ridge and also for the proposed development. There is going to be quite a bit of congestion in the area. The winding roads only pertain to the development itself not when someone is trying to access Waverly Road, which is currently a busy street. He is concerned about the noise level that is going to be produced. The applicant talked about a buffer. His residence is just past the Smith Evan drain and he is not going to have much of a buffer there. He is not sure if the applicant intends to take the woods out of that area or not. There is also quite a bit of wild game in that area and they will be disturbed. The new development that is going on to the north of him has deer trying cross hills. Mr. John L. Ardison, resident of 3500 Seaway Drive, stated that he lives in the area of the proposed development and he moved there in 1982. There are a lot of creeks in the area and underground creeks. Sometimes the water rises up to about 14 feet high and comes right up to the back of his neighbor's patio. A few years ago, the City had to come in there and take out one of the drains because it had burst. They had to put in a new drain system because it was flooding. A lot of times when the water got in there it would plug up the drain and the sewer would shoot out the top. He does not think that apartments should go back there because there is too much water that backs up from the Grand River and it goes past his house. That area should be a natural park. If the woods gets taken out, the water will take out his house. If you care about the animals, then do no approve the request. Currently the animals do not have much of a place but back in that area, they do. It is not a very large area but it is a nice place for the animals to be. There was a lady killed up on Hunter's Ridge and she was buried right along the creek. The police came and he told them that they came too far. The police found her later. The residents do not want any more of this and they need their neighborhood to stay clean and healthy for the children. Ms. Patricia Amato, resident of 4138 Thackin Drive, stated the woods are directly behind her property and she purchased her home in 1969 before any of the developments were there. She had plenty of plans when she bought her house and the whole area was supposed to be a golf course, tennis courts, nature trails and it was supposed to be beautiful. It was rezoned by Francis Fine to multiple dwellings. There were a lot of meetings and it went before the City and was approved because there were no objections. She was concerned about transients and the overflow of the people. All of her concerns have come true. The transits in Glenburne are in and out and do not care about the houses. Even though they are purchasing them, they do not care about them and they are run down. With Canterbury Commons, they were supposed to be very nice PLANNING BOARD MINUTES Auqust 21, 2007 Page 12 but ended up being low cost housing. Arbor Pointe (formerly Canterbury Commons) has police there constantly. At Glenburne, there are shootings and she can hear the guns. The applicant is talking about constructing 123 more units there and currently they are over abundance. She has talked to LPD and everything from the north is coming to the south to the whole area there. Traffic wise, this is a very bad place to have traffic. Look at the statistics of the accidents. When the 7-11 was there and since then, there are at least 2 to 3 accidents within a two-week span. It is to close to Holmes Road to add another traffic light. Traffic would be continuously stopping. She is not sure what the cost of the new units would be and if they can be purchased or rented. She has not heard anything about them and needs more information. She stated that the Board has to look at the whole picture. They are trying to clean up the City and the Board is making it more to where there are drugs, killings and shootings. It's getting worse. If more apartments are put it there, this is what the neighborhood is going to have. Talk to the police and they will tell you. It is all moving to the south. Her neighborhood was promised what it was going to have when all the other buildings went in. It turned out exactly like her neighborhood. She asked the Board to think seriously about this proposal. Ms. Emma Jackson, resident of 3510 Seaway Drive, stated that she is directly behind the proposed site. She purchased her property in 1976 and was told that no one could build behind her. It was owned by the City and was a nature park. She is concerned about the traffic, drug traffic and the noise. They do have wildlife in this area. She is opposed to this proposal. Ms. Sandra Finley, resident of 3936-3 Hunters Ridge Drive, stated that she has a map marked with all of the residents who are handicapped, elderly or otherwise not able to walk great distances. She brought in pictures that she took this past Sunday of Hunter's Ridge Drive. Hunter's Ridge Drive is a boulevard that is one block long. There are 116 apartments, 72 condominiums and the people are driving there every day. The only time the streets get cleaned during the winter is when people complain or when a school bus almost gets hit pulling out from this area. There is still construction and the work is not done. She is concerned that if Hunter's Ridge is the only access, is the City going to come in and make sure the streets are in good repair for the thousands of tons of vehicles and equipment that will be going back to that area. Will the City make sure that those vehicles are not going to tear up the streets so that the residents cannot get in and out of their homes? She has trouble walking and neighbors who cannot walk at all and how are they going to get out of their homes? She does not want to have to worry about somebody not being able to get out because an ambulance cannot get in to get them. She does not want to worry about the noise pollution from the construction work that starts at 6:30 to 7:00 a.m. or be doing this for the next four or PLANNING BOARD MINUTES August 21, 2007 Pane 13 five years because of the various phases. She asked the Board to consider this very carefully. She stated that Hunter's Ridge is a wonderful place to live and is a very quiet street. Mr. Frederick asked for the pictures and asked Ms. Stachowiak if she could forward them on to the Transportation Department regarding the condition of Hunter's Ridge Road. Mr. Lawrence Franklin, resident of 3524 Seaway Drive, stated that he is three doors down from the proposed development. He does not agree with the proposed development. He has been a part of other developments and he thinks that applicant of this proposal did not take in to consideration the people in the community. He is concerned with the size of the lots of the proposed condominiums and the medium price range of those homes. He would hate to see that development 20 years from now turn in to something like Arbor Pointe. There are problems in Arbor Pointe and with 123 units being proposed, it is not a good situation for that area. This area is a gem and Lansing is a beautiful city. He moved to Lansing approximately 20 years ago and fell in love with it. He does not think that he will ever leave. He stated that the proposed project does not do any justice. Maybe the Board could review it and scale it back some. Thackin and Seaway Drives are not good for this project. Ms. Beverly Rhodes, resident of 4144 Thackin Drive, stated that the reason she purchased her house was because it was on a dead end street and there was nature in the back. Her kids could grow up, be safe and play. In the neighborhood, the residents know each other and note that type of thing. All of the reasons for her purchasing the property will change now. If there is going to be an exit out of the area other than Hunter's Ridge, it will come right by her house and this will reduce her property values. She does not believe that her neighborhood should pay for someone else to profit and she has a real problem with that. She does not have anything against the developer and she thinks the development is a beautiful thing. But, the developer needs to think about what they are putting on the residents who have been there the longest. Ms. Delores Body, resident of 3920-1 Hunters Ridge Drive, stated that she just moved into the condominiums this past March and has been a City resident all of her life. She commends business, jobs and bringing money into the City. She does not commend over populating it to the extent where she wants to consider schools outside of Lansing for her three year old. She is glad that the City is going to look at her road and see the condition of it. She has worked around construction and it is loud and they are going to go late with trying to get houses done on time. She does not care what is done to make the river accessible. People are not going to want them walking down their sidewalks to get to the river. Currently, there are deer that walk through their back yards. Her daughter does not get to see this in some parts of Lansing. To her, it is really PLANNING BOARD MINUTES August 21, 2007 Page 14 important that the wildlife be preserved and this area be preserved. She is not against building houses. Two houses could probably be built back there and not have all the damage that will be done with 123 units. She asked what will happen to it down the line. She can understand these starting out at as a $100,000 house but it will not end up being like that. What if people do not want to purchase them. With safety, her daughter can go out the front door without her being right behind her and having to watch her. When she purchased the condominium, she bought it for the long term. She really hates to think that she will have to start looking at Holt, Grand Ledge, Eagle, Wacousta or something other than Lansing just so that she can be proud of where her daughter is living and the people she has for neighbors. She does not know if the new development will be a gated community. She wants to preserve the wildlife and environment around the area. This development will mess with the sewer, Grand River, and add all kinds of run-off to the river. They cannot get the City to fix the streets now. She stated that there are too many units and to scale back the units. She wants to be proud of Lansing. Ms. Alice Phiffer, resident of 3924-1 Hunters Ridge Drive, stated that she has lived here for the past 25 years and this area has been a peaceful, quiet and friendly community for most of that time. There have been a few skirmishes and finally are getting to the point where the apartment management is improving the situation. This is a very pleasant neighborhood. There are 20 to 30 deer that come out to sleep and eat on their lawns. There is a huge flock of turkeys and any other kind of wildlife anyone can imagine. She sits there and watches it from her windows. There main home and hideaway is back in that field. She has walked the field and woods for the past 25 years. She stated do not tell her that there will not be heavy equipment coming in because they are going to need about 3,000 cubic yards of dirt just to put in one great big gulley back there if they want to build in it. The heavy equipment is going to destroy the streets for Hunter's Ridge and will destroy the peace and the life that she has worked for 25 years and earned. The noise will be horrendous in Hunter's Ridge and there will be no such thing as peace. Fixing the street will not help it. This would make it so that the residents can go out of the gated community and immediately get passed the gates, stomp on the accelerator because it is a straight shot to Waverly Road. She hears this every day and every night as people come out of the last driveway of the apartment complex. As for the sewers, she stated that they are over burdened. When the City sanitary sewer backs up because of the overloading in the apartments, it comes up in her basement and that has not been repaired yet. She can see it with 123 more houses. There are just too many things to mention. There residents were not told any of the truth from the beginning and they have gotten several stories from the developer or associates of the developer. She asked why the residents could not have been told everything up front. What is the value going to be for these units? No one has given any clues to the residents. The developer could put up little PLANNING BOARD MINUTES August 21, 2007 Page 15 shacks and the residents would have no say in the matter because it is zoned for that many houses per acre. Ms. Linda Appling, resident of 4010 Thackin Drive, stated that she is concerned with the selling of the new homes and is not sure how the developer is going to sell any of them. Michigan is already one of the top three states for home free closures and within this state, one out of every three hundred homes is in the process of foreclosure. The major employers in the Lansing area (i.e. State of Michigan, General Motors) have been decreasing the number of employees. In the case of General Motors, they have been closing plants. With this back drop, place an additional 125 units for sale and expect them to sell. This is simply unrealistic. Where does the developer plan to get these people from? If these 125 units go on the market, they will ultimately be used a rental property. It is her belief that this will increase the number of rental units, crime and traffic, and will cause a general decrease in property values for the current residents. She stated that a significant number of houses are currently for sale and people have been unable to sell them. There are a number of condominium units for sale that have not been able to sell. Placing these additional units on the market is simply going to decrease the value of the current houses. Given the problems outlined, she urged the Board to reject the proposal. However, if the Board elects not reject the proposal, she suggested that this matter be placed on the ballot so that people may vote. As an alternative to building more housing units, she suggested that the land be turned into a nature conservatory for local species of plants, trees and birds. This would improve the overall quality of life in Lansing and reduce the amount of pollution and heat entering the air. Mr. Warren Timothy Beam, resident of 3940-1 Hunters Ridge Drive, stated that he has lived there since 1978 and about half of that land is a flood plain. There are so many properties around Lansing standing empty, people are losing jobs and the City is losing industry. There should be more concern for building things like something that is going to employ someone rather than some place to stay that is going to devalue the rest of the properties. One thing that has not been mentioned about Hunter's Ridge, for the last few years there were a couple of bald eagles living in there. There are not very many Lansing neighborhoods who can make that claim. They get all kinds of different species of owls and hawks. They have white tail deer and it is beautiful. His wife was concerned about sewage and someone addressed that issue. Being able to get out of Hunter's Ridge Drive will have to be addressed. They have called since 1978 to have the road repaired. Normally they are told that because it is in the City of Lansing but because it is in Eaton County, they are not City residents. So, nothing gets done about it and when they do get around to repairing the roads, it has never been repaired properly at least since 1978. PLANNING BOARD MINUTES August 21, 2007 Page 16 Ms. Iris Beach, resident of 3333 Moores River Drive, stated that she was originally told that this was going to be a complex for senior citizens. Later on, a gentleman was talking about how they wanted to have a safe place for their children to play. She hears disconnect. Mr. Merritt Norvell, resident of 4236 Pine Tree Lane, Lansing Township stated that he lives to the east of the proposed development and no one has informed him about this development. He has been aware for several years that the developer has been trying to get a right- of-way through his development to build this project. For those who have not been down Pine Tree Lane and the area being discussed, it is probably the most beautiful location on the Grand River. There are all kinds of wildlife in this area and the wildlife is pretty comfortable with the residents. He stated that 123 units in that area is going to create a density in that neighborhood that would be unbelievable. The City cannot handle it and the streets cannot handle it. The streets currently are in ill repair. There are no sidewalks up and down Waverly Road and it is very difficult for all of the residents to get onto Waverly Road any time during the day. It is very dangerous exiting on to Waverly Road with the traffic and the density there. There are apartments to the south of this area that are high density. Kids and the river do not go together. There are kids all the time running around the back and they have to shoo them out of there because there have been children who drowned in the rock pile lagoon right there beside his development. If there are little kids and a river, then you have a problem. As far as he is concerned, there are only seven houses in his development. All of the residents take great pride in those houses and have invested a lot of their lives and resources in to those houses. They would not like to see their property values reduced. Ms. Jennifer Smith, resident of 3938-4 Hunters Ridge Drive, stated that she has lived there over three years and it is a beautiful, breathtaking place. She loves her home and waking up, drinking coffee as she watches the deer and listens to the birds sing. She would really hate to see this development happen. She has a new stepson who is twelve years old and likes to play outside. She is afraid for his safety and that if he rides his bike outside, he will have to contend with the construction vehicles. What kid wants to be cooped up in the house all summer or anytime during the year? She asked that the proposal be reconsidered. She is definitely opposes the proposal. Ms. Judy Grewett, resident of 3944-4 Hunters Ridge Drive, stated that she has lived there more than 20 years and is very happy. With the fees, the buildings have been constantly upgraded and have vinyl siding. They are now getting re-roofed. She asked if these units will be tract homes and what the sizes would be for the homes. She wants to see what these homes will look like. She asked about the square footage of these homes. These units will not have basements. Will these homes be sold for investments so people can rent them? There are some conscientious renters but we know how renters are. They have run into a lot of non- PLANNING BOARD MINUTES August 21, 2007 Page 17 conscientious renters in their own complex who have destroyed a building once it has been foreclosed on. They are angry and they take it out on the condominium. There are so many properties between her and these wonderful complexes built down the street closer to Moores River Drive. There are $500,000 homes built in this area and now the developer wants to build down the street behind her development and ruin all of their foliage and trees. This would destroy everything that the residents hold dear. She stated that there is so much property, why their area? Ms. Rosemary Glast, resident of 3963-1 Hunters Ridge Drive, stated that she lives on the rental side of Hunter's Ridge Drive and she is opposed to the development. Ms. Judy Hill, resident of 3936-1 Hunters Ridge Drive, stated that she is opposed to the development. Mr. Henry Hill, resident of 913 E. Saginaw Street, stated that he is supportive of the requests by DuRay Development. He owns the property in question and stated that it is private property even though some of the area residents have used it for other things. Hilda Burroughs, resident of 3934-2 Hunters Ridge Drive, spoke in opposition to the request citing concerns with traffic, wildlife preservation and impact on surrounding property values. Mr. Robb Munger, P.O. 408, Caledonia, MI, spoke in support of the request. He stated that the proposed development will be much lower in density than the surrounding area and that the homes will be stick-built in the $100,000 - $130,000 range. Ms. Susie Oliver, resident of 3920-3 Hunters Ridge Drive, spoke in opposition to the request citing concerns about increased traffic on the deteriorating Hunters Ridge Drive. Seeing no one else wishing to speak, Mr. Frederick closed the public hearing for Z-6-2007 & PRD-2-2007, 28.47 Acre Parcel - West end of Hunter's Ridge Drive, Rezoning from "CUP" Community Unit Plan to "A" Residential District, Planned Residential Development and referred it to the Committee of the Whole for this evening. 5. COMMENTS FROM THE AUDIENCE (3 minutes each) Ms. Mary Chesley, resident of 3121 Glasgow Drive, spoke in opposition to SLU-2-2007. She stated that the cell phone tower will be incompatible with the surrounding residential neighborhood and that it will create a safety hazard for children in the area. PLANNING BOARD MINUTES August 21 2007 Page 18 Ms. Joan Wright, resident of 2735 Trudy Lane, spoke in opposition to Z-4-2007 and stated that she would prefer to see a single family home built on this lot. Ms. Ann Kostin McGee, resident of 2513 Skye Road, spoke in opposition to SLU-2-2007 and stated that the proposed location of the cell tower is inappropriate because of its close proximity to the neighboring homes. The children in the area will be attracted to the cell phone tower which could present some serious safety hazards. Mr. James Davis, resident of 2400 Skye Road, spoke in opposition to SLU-2-2007 and stated that he will have to look at the tower from his windows which is an aesthetically pleasing view. Mr. Joe Swanson, resident of 3226 Glasgow Drive, spoke in opposition to SLU-2-2007 and stated that there are other locations in the area that could be considered for a cell phone tower. This particular location is right in the middle of a residential neighborhood. Ms. Ruth Joan, resident of 3232 Glasgow Drive, spoke in opposition to SLU-2-2007 citing concerns with aesthetics and safety. Seeing no one wishing to address the Board, Mr. Frederick closed the public comment period. 6. RECESS was taken by the Board. 7. BUSINESS SESSION A. Consent Items 1. Minutes for Approval: July 17, 2007 The minutes of July 17, 2007 were APPROVED. B. Committee Reports 1. ZONING AND ORDINANCE COMMITTEE, Mr. Ruge, Chair Next meeting, Tuesday, September 18, 2007, at 6:30 p.m. 124 W. Michigan Avenue, City Council Conference Room. 2. URBAN DEVELOPMENT COMMITTEE, Ms. Cordill, Vice Chair a. ACT-4-2007, Groesbeck Drain, Disposition of BWL Property This is a request by Patrick Lindemann, Ingham County Drain Commissioner for an easement for the continued use PLANNING BOARD MINUTES August 21, 2007 Page 19 of the Groesbeck drain. There are three (3) issues that need to be addressed in approval of the ACT 285 Review for the easement: - Storm Sewer Easement (Exhibit A) - Ponds Easement (Exhibit Al) - Covenant Deed (Exhibit A2) The easement will allow the Ingham County Drain Commission to construct and maintain the storm water system and filter containments from the storm water run-off in the creation of a wetland area. The storm sewer easement will have a 36" outlet pipe in the easement area which will release water from the detention pone to Lake Lansing Road and eventually to the Grand River. The purpose of the easement is for the construction, operation, maintenance and improvement of the county drain in the existing roadway and to access the grantee, the Groesbeck Park Drain Drainage District, the parcel located to the east of the easement area. In addition, the ponds easement, similar to the storm sewer easement includes settling ponds, water quality improvement and wetland habitat mitigation. In reference to the covenant deed, the Michigan Department of Environmental Quality requires that a covenant deed is issued in granting this easement to allow the grantee permission on the property in order to clean, maintain, etc. This area consists of 6.833 acres. Ms. Foster inquired about the need for fencing around the detention area. Ms. Stachowiak stated that it will not be deep enough to necessitate a fence. Mr. Rieske stated that Lansing Township is aware of this proposal and is supportive. Ms. Cordill made a motion, seconded by Dr. Bruch, to recommend approval of ACT-4- 2007, Groesbeck Drain, Disposition of BWL Property Frederick . . . . . . . . . . . . . . . . . . . . Aye Ruge. . . . . . . . . . . . . . . . . . . . . . . . Ave Bruch Aye Cordill. Ave Williams Aye On a roll call vote, there were: Ayes: 5; Nays: 0; carried; unanimous. Approved. Next meeting, Tuesday, August 28, 2007, at 4:00 p.m. 316 N. Capitol Ave., Department Conference Room. PLANNING BOARD MINUTES August 21, 2007 Page 20 Ms. Cordill made a motion, seconded by Mr. Ruge to dissolve into the Committee of the Whole. On a voice vote, the motion carried unanimously (5-0). 3a. COMMITTEE OF THE WHOLE a. SLU-2-2007, 3215 W. Mt. Hope Avenue, Telecommunications Facility This is a request by Haley Law Firm on behalf of T-Mobile Central, for a Special Land Use permit to construct a 125-foot, monopole, telecommunications tower at 3215 W. Mt. Hope Avenue. The property is commonly known as Grand Haven Manor and the tower will be located at the south end of the site. The property is zoned "DM-Y Residential District which permits public/private utility facilities, with a special land use permit, if approved by the Lansing City Council. The Planning Board held a public hearing on July 17, 2007 at which time the applicant's representative spoke in favor and seven individuals spoke in opposition to the request. Dr. Bruch expressed concerns about the removal of trees on the site. Mr. Frederick accepted a friendly amendment to require that trees be replaced on a 1 to 1 ratio. Mr. Williams also accepted the friendly amendment. Mr. Frederick made a motion, seconded by Mr. Williams to recommend approval of SLU-2-2007, 3215 W. Mt. Hope Avenue, Telecommunications Facility with the following conditions: 1) With the exception of the lease area and the driveway, all mature trees be preserved and the root balls protected during construction; 2) The proposed monopole tower provide for a co-location of antennas; and 3) The tower shall not interfere with telemetry communications of local hospitals and emergency services. On a voice vote, the motion carried unanimously (5-0). b. ACT-8-2007, 425 S. Grand Avenue, Acquisition This is a request by the Planning and Neighborhood Development Department to acquire the Center for the Arts property at 425 S. Grand Avenue for temporary parking and eventual redevelopment. The site would provide parking as needed during the rehabilitation of the South Grand ramp, and the building could be leased to a tenant until the property is redeveloped. Mr. Frederick recommended, as a friendly amendment, that a letter from the Planning Board Secretary be sent to the Public Service Director and the Transportation & Parking Office PLANNING BOARD MINUTES August 21, 2007 Page 21 Manager requesting traffic calming (e.g. raised pedestrian crosswalk) on S. Grand Avenue at the intersection of S. Grand Avenue and Lenawee Street. Mr. Ruge accepted the friendly amendment. Mr. Ruge made a motion, seconded by Mr. Frederick to recommend approval of ACT-8-2007, to acquire the Center for the Arts property at 425 S. Grand Avenue for temporary parking and eventual redevelopment. On a voice vote, the motion carried unanimously (5-0). c. ACT-13-2007, 1215 E. Mt. Hope Avenue, Sidewalk Easement & ROW use This is a request by DLZ Michigan Inc., on behalf of the Lansing School District, to utilize the Harding Avenue road right-of-way, east of 1215 E. Mt. Hope Avenue, for a bus/parent pick-up and drop-off lane. The proposal will result in the city sidewalk being relocated outside of the road right-of- way to the school property. The applicant is proposing to provide an easement to the city of Lansing, as depicted and described on the attachments, to accommodate the sidewalk. Ms. Cordill made a motion, seconded by Mr. Frederick to recommend approval of ACT-13-2007, 1215 E. Mt. Hope Avenue, Sidewalk Easement & ROW use. On a voice vote, the motion carried unanimously (5-0). d. Z-4-2007, Vacant Lot - Trudy Lane, "A" Residential District to "C" Residential District This is a request by Robert Beagan to rezone the vacant lot located directly north of 2724 Trudy Lane, more specifically described as: Commencing 360 Feet West & 200 Feet South of Northeast Corner of West % of Southeast 114, Thence South 100 Feet, W est 29 7.3 7 Feet, North 100 Feet, East 297.37 Feet to Beginning; Section 26 T4N R2W, City of Lansing, Ingham County, MI from "A" Residential District to "C" Commercial District. If approved, the applicant intends to construct a duplex on the subject property. The Planning Board held a public hearing this evening, at which time one individual spoke in opposition to the request. PLANNING BOARD MINUTES August 21, 2007 Page 22 Mr. Frederick made a motion, seconded by Mr. Williams to recommend approval of Z-4-2007, Vacant Lot - Trudy Lane, "A" Residential District to "C" Residential District. On a voice vote, the motion carried unanimously (5-0). e. Z-5-2007, 600 S. Capitol Avenue, "D-1" Professional Office District to "F-1" Commercial District This is a request by Annabelle & Associates, Inc. to rezone the property at 600 S. Capitol Avenue, more specifically described as: Lots 1, 2 & 3, Block 159 Original Plat, City of Lansing, Ingham County, MI from "D-1" Professional Office District to "F-1" Commercial District. If approved, the applicant intends to construct an addition to the building, improve the parking area and establish a day care center for dogs with some rooms available in the lower level for overnight care of dogs. The Planning Board held a public hearing this evening, at which time the applicants and four individuals spoke in favor of and one individual spoke in opposition to the request. Mr. Frederick made a motion, seconded by Ms. Cordill to recommend approval of Z-5-2007, 600 S. Capitol Avenue, "D-1" Professional Office District to "F-1" Commercial District. On a voice vote, the motion carried unanimously (5-0). f. Z-6-2007 & PRD-2-2007, 28.47 Acre Parcel - West end of Hunter's Ridge Drive, Rezoning from "CUP" Community Unit Plan to "A" Residential District, Planned Residential Development Z-6-2007 is a request by Robb Munger, DuRay Development, to rezone the vacant 28.47 acre parcel of land at the west end of Hunter's Ridge Drive, more specifically described as: PART SE 114 COM SW COR HUNTER'S RIDGE SUB, TH W 1236.99 FT TO CITY LIMITS, N 155.04 FT TO E'LY BANK GRAND RIVER, N'LY ON BANK TO POINT DUE W OF NW COR HUNTER'S RIDGE CONDOMINIUMS, E 1098.09 FT TO SAID NW COR, S'LY ALONG W'LY LINES ABOVE PLATS TO POB; i EXC LANDS TO BANK OF SAID RIVER LYING W'LY ' OF A LINE COM S 89DEG 37MIN 30SCD W 2105.24 FT AND N OODEG 22MIN 30SCD W 50 FT AND N 09DEG PLANNING BOARD MINUTES August 21, 2007 Page 23 13MIN 45SCD E 199.06 FT FROM SE COR SAID SEC, TH NE'LY 195 FT ALONG 596.57 FT RAD CURVE TO RT CHORD BEARING N 28DEG 11 MIN 50SCD E 194.13 FT, N 247 FT, W 310 FT +/- TO E BANK GRAND RIVER & POE, SEC 25 T4N R3W, CITY OF LANSING, INGHAM COUNTY, MI from "CUP" Community Unit Plan to "A" Residential District. The purpose of the rezoning is to permit a Planned Residential Development (PRD-2-2007) on the subject property. The proposed development consists of 123 single family detached condominium units. The Planning Board held a public hearing this evening, during which the applicant and two individuals spoke in favor of and six individuals spoke in opposition to the request. Other individuals cited concerns regarding drainage, the sewer system, safety, traffic, noise, street maintenance, drug trafficking, wildlife preservation and property values. Mr. Frederick made a motion, seconded by Mr. Williams to recommend approval of Z-6-2007, 28.47 Acre Parcel - West end of Hunter's Ridge Drive, Rezoning from "CUP" Community Unit Plan to "A" Residential District. On a voice vote, the motion carried unanimously (5-0). Mr. Frederick made a motion, seconded by Mr. Williams to recommend approval of PRD-2-2007, 28.47 Acre Parcel - West end of Hunter's Ridge Drive, Planned Residential Development, 123 Single Family Units, with the following conditions: 1) The developer retain as many of the existing mature trees on the site as possible and protect the drip lines during construction; 2) Pedestrian scale street lighting be utilized throughout the development; 3) The buildings be designed so that the garages do not project closer to the street than the front wall of the houses; and 4) The applicant provide an easement, 25-feet in width, along the entire frontage of the Grand River for future use by the city for the riverwalk. On a voice vote, the motion carried unanimously (5-0). Mr. Williams made a motion, seconded by Mr. Frederick to arise from the Committee of the Whole. On a voice vote, (5-0), the motion carried unanimously. 3b. COMMITTEE OF THE WHOLE a. SLU-2-2007, 3215 W. Mt. Hope Avenue, Telecommunications Facility This is a request by Haley Law Firm on behalf of T-Mobile Central, for a Special Land Use permit to construct a 125-foot, monopole, telecommunications tower at 3215 W. Mt. Hope n PLANNING BOARD MINUTES August 21, 2007 Page 24 Avenue. The property is commonly known as Grand Haven Manor and the tower will be located at the south end of the site. The property is zoned "DM-3" Residential District which permits public/private utility facilities, with a special land use permit, if approved by the Lansing City Council. Dr. Bruch made a motion, seconded by Mr. Williams, to recommend approval of SLU-2-2007, 3215 W. Mt. Hope Avenue, Telecommunications Facility with the following conditions: 1) With the exception of the lease area and the driveway, all mature trees be preserved and the root balls protected during construction; 2) The proposed monopole tower provide for a co-location of antennas; and 3) The tower shall not interfere with telemetry communications of local hospitals and emergency services. Frederick . . Ave Ruge. . . . . . . . . . . . . . . . . . . . . . . . Ave Bruch . . . . . . . . . . . . . . . . . . . . ..... Ave Cordill. . . . . . . . . . . . . . . . . . . . . . . Ave Williams . . . . . . . . . . . . . . . . . . ... . Ave On a roll call vote, there were: Ayes: 5; Nays: 0; carried; unanimous. Approved. b. ACT-8-2007, 425 S. Grand Avenue, Acquisition This is a request by the Planning and Neighborhood Development Department to acquire the Center for the Arts property at 425 S. Grand Avenue for temporary parking and eventual redevelopment. The site would provide parking as needed during the rehabilitation of the South Grand ramp, and the building could be leased to a tenant until the property is redeveloped. Dr. Bruch made a motion, seconded by Mr. Williams, to recommend approval of ACT-8-2007, 425 S. Grand Avenue, Acquisition. Frederick . . . . . . . . . . . . . . . . . . . . Ave Ruge. . . . . . . . . . . . . . . . . . . . . . . . Ave Bruch . . . . . . . . . . . . . . . . . . . . . . . Ave Cordill. . . . . . . . . . . . . ... . . Ave Williams Ave On a roll call vote, there were: Ayes: 5; Nays: 0; carried; unanimous. Approved. c. ACT-13-2007, 1215 E. Mt. Hope Avenue, Sidewalk Easement & ROW use This is a request by DLZ Michigan Inc., on behalf of the PLANNING BOARD MINUTES August 21, 2007 Page 25 Lansing School District, to utilize the Harding Avenue road right-of-way, east of 1215 E. Mt. Hope Avenue, for a bus/parent pick-up and drop-off lane. The proposal will result in the city sidewalk being relocated outside of the road right-of- way to the school property. The applicant is proposing to provide an easement to the city of Lansing, as depicted and described on the attachments, to accommodate the sidewalk. Dr. Bruch made a motion, seconded by Ms. Cordill, to recommend approval of ACT-13-2007, 1215 E. Mt. Hope Avenue, Sidewalk Easement & ROW Use. Frederick . . Ave Ruge. . . . . . . . . . . . . . . . . . . . . . . . Aye Bruch Aye Cordill. Ave Williams Ave On a roll call vote, there were: Ayes: 5; Nays: 0; carried; unanimous. Approved. d. Z-4-2007, Vacant Lot - Trudy Lane, "A" Residential District to "C" Residential District This is a request by Robert Beagan to rezone the vacant lot located directly north of 2724 Trudy Lane, more specifically described as: Commencing 360 Feet West & 200 Feet South of Northeast Corner of West % of Southeast 114, Thence South 100 Feet, W est 29 7.3 7 Feet, North 100 Feet, East 297.37 Feet to Beginning; Section 26 T4N R2W, City of Lansing, Ingham County, MI from "A" Residential District to "C" Commercial District. If approved, the applicant intends to construct a duplex on the subject property. Dr. Bruch made a motion, seconded by Mr. Williams, to recommend approval of Z-4-2007, Vacant Lot - Trudy Lane, "A" Residential District to "C" Residential District. Frederick Ave Ruge. Aye j Bruch Ave Cordill. Ave Williams . . Ave On a roll call vote, there were: Ayes: 5; Nays: 0; carried; unanimous. Approved. PLANNING BOARD MINUTES August 21, 2007 Page 26 e. Z-5-2007, 600 S. Capitol Avenue, "D-1" Professional Office District to "F-1" Commercial District This is a request by Annabelle & Associates, Inc. to rezone the property at 600 S. Capitol Avenue, more specifically described as: Lots 1, 2 & 3, Block 159 Original Plat, City of Lansing, Ingham County, MI from "D-1" Professional Office District to "F-1" Commercial District. If approved, the applicant intends to construct an addition to the building, improve the parking area and establish a day care center for dogs with some rooms available in the lower level for overnight care of dogs. Dr. Bruch stated that Z-5-2007 was tabled during the Committee of the Whole discussion. f. Z-6-2007 & PRD-2-2007, 28.47 Acre Parcel - West end of Hunter's Ridge Drive, Rezoning from "CUP" Community Unit Plan to "A" Residential District, Planned Residential Development Z-6-2007 is a request by Robb Munger, DuRay Development, to rezone the vacant 28.47 acre parcel of land at the west end of Hunter's Ridge Drive, more specifically described as: PART SE 1/4 COM SW COR HUNTER'S RIDGE SUB, TH W 1236.99 FT TO CITY LIMITS, N 155.04 FT TO E'LY BANK GRAND RIVER, N'LY ON BANK TO POINT DUE W OF NW COR HUNTER'S RIDGE CONDOMINIUMS, E 1098.09 FT TO SAID NW COR, S'LY ALONG W'LY LINES ABOVE PLATS TO POB; EXC LANDS TO BANK OF SAID RIVER LYING W'LY OF A LINE COM S 89DEG 37MIN 30SCD W 2105.24 FT AND N OODEG 22MIN 30SCD W 50 FT AND N 09DEG 13MIN 45SCD E 199.06 FT FROM SE COR SAID SEC, TH NE'LY 195 FT ALONG 596.57 FT RAD CURVE TO RT CHORD BEARING N 28DEG 11 MIN 50SCD E 194.13 FT, N 247 FT, W 310 FT +/- TO E BANK GRAND RIVER & POE; SEC 25 T4N R3W, CITY OF LANSING, INGHAM COUNTY, MI from "CUP" Community Unit Plan to "A" Residential District. i The purpose of the rezoning is to permit a Planned Residential Development (PRD-2-2007) on the subject property. The PLANNING BOARD MINUTES August 21, 2007 Page 27 proposed development consists of 123 single family detached condominium units. Ms. Cordill mentioned to avoid cobra head street lighting. Dr. Bruch accepted this as a friendly amendment. Mr. Ruge asked if it would be better to say that pedestrian scale street lighting is required. Ms. Cordill stated that she liked that because it was more specific. Dr. Bruch made a motion, seconded by Mr. Williams to recommend approval of Z-6-2007, 28.47 Acre Parcel - West end of Hunter's Ridge Drive, Rezoning from "CUP" Community Unit Plan to "A" Residential District. Frederick . . . . . . . . . . . . . . . . . . . . Aye Ruge. . . . . . . . . . . . . . . . . . . . . . . . Ave Bruch . . . . . . . . . . . .. . . . . . . ... ... . Ave Cordill. . . Ave Williams . .. . . . . . . . . . . . . . . . . . . . Ave On a roll call vote, there were: Ayes: 5; Nays: 0; carried; unanimous. Approved. Dr. Bruch made a motion, seconded by Mr. Williams to recommend approval of PRD-2-2007, 28.47 Acre Parcel - West end of Hunter's Ridge Drive, Planned Residential Development, 123 Single Family Units, with the following conditions: 1) The developer retain as many of the existing mature trees on the site as possible and protect the drip lines during construction; 2) Pedestrian scale street lighting be utilized throughout the development; 3) The building be designed so that the garages do not project closer to the street than the front wall of the houses; and 4) The applicant provide an easement, 25-feet in width, along the entire frontage of the Grand River for future use by the city for the riverwalk. Frederick . . . . . . . . . . . . . . . . . . . . Ave Ruge. . . . . . . . . . . . . . . . . . . . . . . . Ave Bruch . . . . . . . . . . . . . . . . . . . . . . . Ave Cordill. . . Ave Williams . . . . . . . . . . . . . . . . . . ... . Aye On a roll call vote, there were: Ayes: 5; Nays: 0; carried; unanimous. Approved. 4. EXECUTIVE COMMITTEE I C. Old Business — None. D. Report from Planning Manager— None. E. Pending Items: Future action required 1. Zoning and Ordinance Committee a. Z-1-2006, 310/312 Chestnut b. Z-3-2006,W. Edgewood PLANNING BOARD MINUTES August 21, 2007 Page 28 c. Z-17-2005, Polly& Benjamin d. Z-12-2006&SLU-7-2006 2727 Lyons Avenue 2. Urban Development Committee a. Master Plan Project 3. Committee of the Whole 4. Planning Board 8. NEW BUSINESS — None. 9. COMMENTS FROM CHAIRPERSON — None. 10. COMMENTS FROM BOARD MEMBERS Dr. Bruch asked when the Board will get to some of the zoning items (i.e. modifying of the zoning for the contract). Ms. Stachowiak stated that the Board will have that right away. Dr. Bruch stated that she would like to see some of these items on the next Zoning and Ordinance agenda. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS a. Dollar Store-Willow Street& MLK Blvd.-landscaping &buffering (May 20, 2003) b. Grovenburg property-dumpster in ROW(July 1,2003) c. 2714 W.Jolly Road-church with large statue in front yard (January 20, 2004) d. W.Willow Street-Grace Tabernacle Church-no landscaping (May 4, 2004) e. Michigan Ave& Shepard Street-sign business-several banner signs nailed to the outside of building (May 4, 2004) f. 2702 S. Cedar Street-no landscaping (May 18, 2004) g. 2410 S. Pennsylvania Ave. - no landscaping (November 3, 2004) h. 2200 W. Holmes Road- Bad Habits-excessive signs (May 3, 2005) i. 2618 Cavanaugh Road. - registered rental&front yard paved, used for parking (October 4,2005) j. Keeps Party Store-Aurelius Road-illegal signs(July 5, 2006, July 18, 2006& September 5, 2006) k. Clarion Hotel—two big signs advertising Great Lakes Condominiums (December 5, 2006) I. The Firm—review requirements for fenced outdoor patio(December 5, 2006) m. 928 Pacific Ave.—6 foot fence in front yard on a corner lot(February 6,2007) n. 4311 S. Cedar Str.—barber shop in a residential neighborhood & illegal signs (April 3, 2007) o. 1409 Eureka Str.—large hole in roof of the porch (July 17, 2007) 12. ADJOURNMENT - Meeting was adjourned at 10:57 p.m. Respectfully submitted, G� William C. Rieske, Secretary, Planning Board PBMinutes.082107.doc Approved as written 8-21-07 Draft to Clerk July 27,2007 Approved August 21,2007 To Clerk August 22, 2007 Minutes of the Regular Meeting _ LANSING PLANNING BOARD 7:00 p.m., Tenth Floor, Council Chambers Lansing City Hall Tuesday, July 17, 2007 1. OPENING SESSION `= The meeting was called to order at 7:03 p.m. by Mr. Frederick, Acting Chair. c-rt A. Roll call: Present: Frederick, Ruge, Cordill. B. Staff Attending: Stachowiak, Rieske. C. Excused absences: Czekai, Bruch D. Absent: None. 2. APPROVAL OF AGENDA Ms. Cordill made a motion, seconded by Mr. Ruge to approve the agenda. On a voice vote, the motion carried unanimously (3-0). 3. COMMUNICATIONS 4. HEARINGS A. Z-2-2007, 6040 S. ML King Blvd., "A" Residential District to "F" Commercial District This is a request by Besco Water Treatment Inc. to rezone the property at 6040 S. ML King Blvd., more specifically described as: Lot 18, Also Lot 19 except the southwesterly 17 feet thereof, Webster Farm Subdivision No. 1, City of Lansing, Ingham County, MI from "A" Residential District to "F" Commercial District. The purpose of the rezoning is to bring the commercial use of the lot into compliance with the zoning ordinance. Ms. Stachowiak gave a brief overview. Seeing no one else wishing to speak, Mr. Frederick closed the public hearing for Z-2-2007, 6040 S. ML King Blvd., "A" Residential District to "F" Commercial District and referred it to the Committee of the Whole for this evening. PLANNING BOARD MINUTES July 17, 2007 Page 2 B. Z-3-2007, Vacant Lot East of 401 Fenton Avenue, "F" Commercial District to "A" Residential District This is a request by Frazier Builders to rezone the vacant lot located immediately east of 401 Fenton Avenue, more specifically described as: South 110.3 Feet of Lot 82, Jessop's Home Gardens Subdivision from "F" Commercial District to "A" Residential District for the purpose of constructing a single family dwelling on the subject property. Ms. Stachowiak gave a brief overview. Ms. Katy Frazier, resident of 2511 Doane Hwy., Charlotte, and Chief Financial Officer (CFO) of Frazier Builders, stated that Frazier Builders bought the property and would like to build a single family home on the lot. It is probably not large enough to construct anything commercial. The rest of the street has a lot of homes as well. Seeing no one else wishing to speak, Mr. Frederick closed the public hearing for Z-3-2007, Vacant Lot East of 401 Fenton Avenue, "F" Commercial District to "A" Residential District and referred it to the Committee of the Whole for this evening. C. SLU-4-2007, 3215 W. Mt. Hope Avenue, Special Land Use Permit - Telecommunications Tower This is a request by Haley Law Firm on behalf of T-Mobile Central, for a Special Land Use permit to construct a 120-foot, monopole, telecommunications tower at 3215 W. Mt. Hope Avenue. The property is commonly known as Grand Haven Manor and the tower will be located at the south end of the site. The property is zoned "DM-3" Residential District which permits public/private utility facilities, with a special land use permit, if approved by the Lansing City Council. Ms. Stachowiak gave a brief overview. Mr. Frederick stated that the Public Service Department's last comment is that the gravel access drive already exists and asked if it would be able to be built in to the site plan. Ms. Stachowiak stated that is does already exist and that it will be included in the site plan. Mr. Waley Haley, representative of T-Mobile, stated that when he went to the Committee of the Whole meeting, he was having some issues with the landlord. The landlord was having second thoughts about potential future developments and adding additional Grand Haven buildings in the back. The landlord was afraid that the location that was picked for the tower would potentially impede them from adding an extra building. To PLANNING BOARD MINUTES July 17, 2007 Page 3 accommodate the landlord, T-Mobile moved the tower a little bit to the southeast. T-Mobile kept the tower tucked back up into the woods to the south of the drainage easement. One of the comments that was made was relative to the setback to the south. That whole setback is all woods from the south to the abutting neighborhood. Mr. Jonathon Solis, resident of 5901 Richwood Street, Apt. #12, stated that he is opposed to the cell phone tower. He lives by a tower and he stated that there is a lot of debris that piles up. The owner does not come out there to clean the area. He stated that it also causes a hazard. He lives in an apartment area and there are a lot of kids. Even though there might be a fence around the tower, kids do climb on fences and they kick right through the gate and could play around the tower. There are no adults supervising the area and things could happen. A cell tower is not a good thing to have in a neighborhood. If T-Mobile wants to build a tower, they can move further south of the City out in the woods where there is lots of green space and trees. This is a nice neighborhood and there should not be a tower there. Mr. Frederick asked about the location of the tower. Mr. Solis stated that it is between Pennsylvania and Cedar Street, further down from the fire station and close to the Meijer store. Mr. Solis stated that there is currently a lot of debris on the site and no one cleans the area. Even though the tower is gated, kids can get through it. There are a lot of problems. Mr. Frederick asked Ms. Stachowiak to refer the trash incident to the appropriate authority. Ms. Ann Cassengill, resident of 2513 Skye, stated that her property abuts the proposed site. She chose to live in Lansing and she loves it. She loves the location of her home. This is a residential area and is a wonderful neighborhood. She stated that this is no place for a cell phone tower. This would be a huge eye sore. She is concerned with her property value because she has put a lot of money into her home and she would like to expand her home. Should she ever wish to sell her home and move, she would chose to stay in Lansing. She is concerned about health issues with this. She has done a lot of research on-line about the cell phone towers and they do emit radiation. With the research she has done and with what the conclusive evidence is, there has not been 20 years of research because cell phone towers are fairly new. She asked if all of the parents of the Lewton School children been notified. Their kids will be directly exposed to this because the tower is not that far away. She stated that this case has come up once before and it seems like this keeps going over and over again. She would like for this to be over and done with. She opposed the request before and she is now back here again. She loves her neighborhood and it is a beautiful neighborhood. The tower will be a huge eye sore and a health concern. PLANNING BOARD MINUTES July 17, 2007 Page 4 She is definitely opposed to the proposed tower. She canvassed the neighborhood on Sunday. A lot of the neighbors were not aware of the proposal and were concerned about it. They do not want the tower. Mr. Frederick asked Ms. Stachowiak to advise the audience on the notification process. Ms. Stachowiak stated that the notification requirement is 300 feet surrounding the entire parcel. This is a large parcel and it took in a lot of area. Because this is a cell phone tower, at the request of the Planning Board and Board of Zoning Appeals, the requirement was extended further to almost 500 feet. Mr. Paul Chesley, resident of 3121 Glasgow Drive, stated that the woods are 18 feet wide and it is a strip of land that goes from Deerfield to Waverly Road. As far as the meetings and the community getting together to hear the pros and cons for this proposal, three years ago he attended a meeting and has not heard anything sense. He is opposed to the request. There are a lot of children in this neighborhood and he is raising a great-grandchild in this area. The gentleman across the street lives right on the corner and has five children under the age of 16. He does not want the tower in their neighborhood. Ms. Mary Chesley, resident of 3121 Glasgow, stated that when the zoning was approved for Grand Haven, the idea was to put in a walkway back through the area. Nothing has ever been done with it. She is concerned about health issues. She plans on living there a few more years and she has lived there since the 1960s. She thinks that something can be done in the area where people are not living full time. There are industrial areas where people come and go maybe eight hours a day. It is a different amount of exposure than what someone is getting at their residence. She is opposed to the request. Mr. James Davis, resident of 2400 Skye Road, state that his residence is directly across the street from the proposed tower. His property abuts Grand Haven as well as Summerhill Estates and his neighborhood has not had any success with the promises made by developers. They only do what will corporately benefit them but will do nothing for the neighborhood. When Grand Haven was built, they did not do the correct sewer connection and there was a major flood through the neighborhood. They ended up digging a huge catch basin that is directly adjacent to his home. There is a fence that now runs the length of that home. This used to be all woods that protected the residents from the view of all of that area. In two days, they brought bull dozers in and demolished the entire woods. What is left is a very small area. A 120 foot tower will not be covered by these woods. There is not even a tree that is 60 feet tall there. The tower would be right in the middle of a residential neighborhood. There is not a neighborhood in this city that is willing to have a cell phone tower sifting right in the middle of the neighborhood. With the aesthetics of it, the property values will be affected by it. With the current real estate issues that the neighborhood has, who would be willing to come into a PLANNING BOARD MINUTES July 17, 2007 Page 5 neighborhood and see a cell phone tower on a cul-de-sac that is supposed to be there for a peaceful view? This is not what the neighborhood has. The neighbors have had issues with both of the major developments not mowing the weeds right along the fence on the property. He does not believe that any corporate entity that is going to benefit financially cares about what is happening to his neighborhood. They care about whether or not they are going to make a profit on the venture. This is a business venture and there is nothing that is going to benefit the neighborhood. The residents want to live in a nice neighborhood where it is quiet and the kids can move around the neighborhood safely. The neighbors all get along and they walk through all of these different areas. They do not want to be walking through or near a cell phone tower right in the heart of their neighborhood. Mr. Ken Jones, resident of 3026 Sunderland Road and a Board Member for the Lansing School District, stated that he is not in favor of the tower because he thinks it is going to really lower the residential rates in that area. Lansing is already struggling to keep kids in the school system. He thinks that this would be a further push to eliminate families from moving into the area. This is a very nice, quiet residential area for the kids attending Lewton School. He is not in favor of the tower being placed in that particular location for this reason. He knows that there are health concerns that have not been brought up yet. He has a problem with a tower being placed that close to a school and where residents live. He stated that there may be other areas where the tower could be relocated. With the new apartment buildings, it has really made the area look less like a country setting and more of an urban setting. He has lived in this area for 20 years and there has been a lot of changes in that particular area. He is not in favor of this tower for the reasons of young families moving into the neighborhood and keeping the school system viable. Ms. Arvella Garcia, resident of 2308 Bedford Road, stated that her property abuts the Grand Haven property. She is opposed to the tower for all of the reasons heard tonight (i.e. health concerns, property concerns). She thinks there is already a tower situated on Pleasant Grove by a church and a wooded area. Why do we need another tower so close to her neighborhood? Seeing no one else wishing to speak, Mr. Frederick closed the public hearing for SLU-4-2007, 3215 W. Mt. Hope Avenue, Special Land Use Permit - Telecommunications Tower and referred it to the Committee of the Whole for this evening. D. ACT-6-2007, 201 S. Grand Avenue (S. Grand Parking Ramp Property), Public Sale of City Property and ACT-7-2007, 200 Block, S. Grand Avenue (City Parking Lot 18), Public Sale of City Property PLANNING BOARD MINUTES July 17, 2007 Page 6 These are requests by the City of Lansing Department of Planning and Neighborhood Development to market for or negotiate the sale of the City owned parking ramp (S. Grand Parking Ramp) located at 201 S. Grand Avenue and the City owned surface parking lot (Parking Lot 18) located directly to the south, more specifically described as: LOT 4 & S 22 FT LOT 3 BLOCK 112 ORIG PLAT, VACATED ALLEGAN ST E OF GRAND AVE ALSO LOTS 1, 2 & N 4 FT LOT 3 EXC THAT PART LOTS 2 & 3 COM SW COR LOT 2, TH E 31 FT, N 10 FT, E 65.07 FT, S 03DEG 05MIN E TO A PT 4 FT S OF N LINE LOT 3, W TO W LINE LOT 3, N 4 FT TO BEG; BLOCK 113 ORIG PLAT to a private developer for a mixed use development (i.e. residential, office, commercial). Ms. Stachowiak gave a brief overview. Ms. Cordill inquired about the 25 foot easement along the river that the parking garage overhangs and asked if there was a feasible easement there. Ms. Stachowiak stated that there would be an easement and the City would like to retain actual ownership of 25 feet along the river so the City can do that where the parking lot is concerned. There would be a parking ramp where the City owns at least 25 feet of it. This would mean that they would pay taxes on everything but 25 feet of this parking ramp building. The City would have to maintain its 25 feet of it. It is impossible to maintain 25 feet of the parking ramp and have the rest of it be privately owned. The best that the City could do is get an easement on that parcel. Ms. Cordill asked if there would be a continual river easement on the west shore that the Parks Department is concerned about or is it piecemeal as a result of the parking ramp sitting over that 25 foot section as it is now. Ms. Stachowiak said there would not be one because the City would still have the ramp over this 25 foot portion. Ms. Cordill asked if the river trail extends there. Ms. Stachowiak stated that the river trail is below the parking ramp. Mr. Rieske stated that it is not in service right now. The current situation is that the parking ramp encroaches over the river. While the property ownership is in place for a river trail through there, the river trail really is not installed on that side of the river. What would happen upon sale is that this easement would be retained and the parking ramp could get a face lift and could remain for the duration of its useful life. It could then become a redevelopment site for a mixed use development which could include parking. This would eradicate the building and the City would have this easement protecting our rights along the 25 feet shoreline such that the City rights would be maintained for public access and for the installation of public improvements related to the river trail. The remainder of the site would be redeveloped in a mixed use kind of situation. This would afford the development along Grand Avenue to have a continuous sort of retail frontage which is in conformity with the Central PLANNING BOARD MINUTES July 17, 2007 Page 7 Lansing comprehensive plan. The development of this is in two stages. As it is currently proposed, the City Club site and the parking lot behind it would be developed with the parking ramp getting a face lift. Upon the parking ramp ending its useful life, it would be reconstructed and be a another mixed use facility including parking. Mr. Frederick asked Mr. Rieske if he knew what the remaining life of the parking structure is. Mr. Rieske stated that he does not know because it can be maintained and that maintenance has something to do with it. It could be 10 years or so. Seeing no one else wishing to speak, Mr. Frederick closed the public hearing for ACT-6-2007, 201 S. Grand Avenue (S. Grand Parking Ramp Property), Public Sale of City Property and ACT-7-2007, 200 Block, S. Grand Avenue (City Parking Lot 18), Public Sale of City Property and referred it to the Committee of the Whole for this evening. 5. COMMENTS FROM THE AUDIENCE (3 minutes each) Seeing no one wishing to address the Board, Mr. Frederick closed the public comment period. 6. RECESS was taken by the Board. 7. BUSINESS SESSION A. Consent Items 1. Minutes for Approval: June 5, 2007 The minutes of June 5, 2007 were APPROVED. B. Committee Reports 1. ZONING AND ORDINANCE COMMITTEE, Mr. Ruge, Chair Next meeting, Wednesday, August 15, 2007, at 4:00 p.m. 124 W. Michigan Avenue, City Council Conference Room. 2. URBAN DEVELOPMENT COMMITTEE, Ms. Cordill, Vice Chair Next meeting, Tuesday, July 24, 2007, at 4:00 p.m. 316 N. Capitol Ave., Department Conference Room. Ms. Cordill made a motion, seconded by Mr. Ruge to dissolve into the Committee of the Whole. On a voice vote, the motion carried unanimously (3-0). PLANNING BOARD MINUTES July 17, 2007 Page 8 3a. COMMITTEE OF THE WHOLE a. Z-2-2007, 6040 S. MIL King Blvd., "A" Residential District to "F" Commercial District This is a request by Besco Water Treatment Inc. to rezone the property at 6040 S. ML King Blvd., more specifically described as: Lot 18, Also Lot 19 except the southwesterly 17 feet thereof, Webster Farm Subdivision No. 1, City of Lansing, Ingham County, MI from "A" Residential District to "F" Commercial District. The purpose of the rezoning is to bring the commercial use of the lot into compliance with the zoning ordinance. Ms. Stachowiak gave a brief overview and stated that the request is not quite consistent with staff's recommendation. The ultimate recommendation is to rezone the property to "E- 2" Local Shopping District. The applicant is aware of the recommendation, has a copy of the report and is in agreement with it. The applicant's purpose for this rezoning is to bring the use of the property in to compliance with the ordinance. Besco Water Treatment is primarily an office operation. They do some retail work where people can come in to the store and purchase salt for their water softeners. Ms. Stachowiak stated that the "E-2" Local Shopping District would accommodate this use. The reason staff did not recommend the "F" Commercial District is because of the potential types of uses that could be put in this location should Besco Water Treatment decide to close its business or relocate and another use would take over. The concerns with the "F" Commercial District are used car lots, fast food restaurants and billboards. The Master Plan included in the packet shows office zoning and this is the plan designation up and down MLK Jr. Blvd. This property has never been rezoned as such and has always been legally non-conforming. The applicant is trying to make it legal. Mr. Ruge asked about the parking lot to the south and if it was connected to this business. Ms. Stachowiak stated that it is owned by this business and the applicant did not include that in this request. He may come back to the Board with another rezoning request for that parcel. Ms. Cordill asked for clarification for notification to include all of their property. Ms. Stachowiak stated that it would but it cannot be done at this time. It was not included in the original notification. PLANNING BOARD MINUTES July 17, 2007 Page 9 Mr. Frederick made a motion, seconded by Ms. Cordill to recommend approval of Z-2-2007, 6040 S. ML King Blvd., "A" Residential District to "E-2" Local Shopping District. On a voice vote, the motion carried unanimously (3-0). b. Z-3-2007, Vacant Lot East of 401 Fenton Avenue, "F" Commercial District to "A" Residential District This is a request by Frazier Builders to rezone the vacant lot located immediately east of 401 Fenton Avenue, more specifically described as: South 110.3 Feet of Lot 82, Jessop's Home Gardens Subdivision from "F" Commercial District to "A" Residential District for the purpose of constructing a single family dwelling on the subject property. Ms. Stachowiak gave a brief overview. Ms. Cordill made a motion, seconded by Mr. Frederick to recommend approval of Z-3-2007, Vacant Lot East of 401 Fenton Avenue, "F" Commercial District to "A" Residential District. On a voice vote, the motion carried unanimously (3-0). C. SLU-4-2007, 3215 W. Mt. Hope Avenue, Special Land Use Permit - Telecommunications Tower This is a request by Haley Law Firm on behalf of T-Mobile Central, for a Special Land Use permit to construct a 120-foot, monopole, telecommunications tower at 3215 W. Mt. Hope Avenue. The property is commonly known as Grand Haven Manor and the tower will be located at the south end of the site. The property is zoned "DM-3" Residential District which permits public/private utility facilities, with a special land use permit, if approved by the Lansing City Council. Ms. Stachowiak gave a brief overview and stated that there are public services available to it and it complies with the Master Plan. It is capable of any dimensional requirements. The neighbors who attended tonight did express some good concerns. The City has dealt with tons of towers and the radiation is really not a concern. The radiation from the towers is less than a microwave in your home. This is not a concern. However, the concerns raised about the view of the tower from the homes on Skye Avenue deserve some real consideration. There is more than adequate woods to protect the view of the tower. The tower is going to be a good distance from the PLANNING BOARD MINUTES July 17, 2007 Page 10 residents on Bedford Avenue. This property does not back directly up to the residents on Bedford because there is a wide parcel between the proposed site and those residents. Looking at the proposal from the standpoint of the residents on Skye Avenue after hearing the comments tonight, Ms. Stachowiak stated that she is a little concerned that the woods would not adequately protect the view from Skye Avenue. She does not want to glance right over that. Based on the drawings and a quick site visit, it did appear that it would be protected but she is concerned that it may not adequately protect the neighborhood. Ms. Stachowiak stated that the proposed tower meets all of the criteria and the Planning Office was prepared to recommend that the proposed tower be approved tonight with a few conditions just as a matter of procedure. Mr. Frederick stated that he understands the issue. However, in remembering the propagation chart shown to the Board of Zoning Appeals, this is the ideal location for this tower. The propagation chart is a computer generated drawing that shows where the signal will cover and where the signal is weakest in the area. The placement of this tower happens to fit right in the middle of one of the weakest spots that T-Mobile has. He understands why they chose this location because it is going to provide them with the most coverage for their customers that they can get at that area. It is one of the main thing that people are demanding these days with their cell phones is that they get a good strong signal inside their houses. That is what this is going to give to T-Mobile. Mr. Frederick asked if there was a way that this issue could be taken back and discussed with T-Mobile to at least make this cell phone tower look better. Ms. Stachowiak stated that she is not suggesting based on the comments here tonight that this request should be denied. It seems like an appropriate location given the other locations of cell phone towers in the City. She thinks there may need to be quite a substantial amount of buffering especially on the west side of the site if this request is to be approved. Mr. Frederick stated that he does think there are other things that can be done to beautify these towers that would not be as onerous as making it look like an ugly fake tree. Mr. Frederick asked if staff would entertain a suggestion that they go back and meet with the applicant to see if there is something that could be done to make this look better for the neighborhood, and it might set a precedent for future towers. PLANNING BOARD MINUTES July 17, 2007 Page 11 Mr. Frederick stated that he is a little concerned about the adequacy of the fencing and maybe this needs to be looked at too. Mr. Ruge made a motion, seconded by Ms. Cordill to table SLU-4-2007, 3215 W. Mt. Hope Avenue, Special Land Use Permit - Telecommunications Tower to allow staff additional time to meet with the applicant and review some things that could mediate the view for the neighborhood. On a voice vote, the motion carried unanimously (3-0). d. ACT-6-2007, 201 S. Grand Avenue (S. Grand Parking Ramp Property), Public Sale of City Property and ACT-7- 2007, 200 Block, S. Grand Avenue (City Parking Lot 18), Public Sale of City Property These are requests by the City of Lansing Department of Planning and Neighborhood Development to market for or negotiate the sale of the City owned parking ramp (S. Grand Parking Ramp) located at 201 S. Grand Avenue and the City owned surface parking lot (Parking Lot 18) located directly to the south, more specifically described as: LOT 4 & S 22 FT LOT 3 BLOCK 112 ORIG PLAT, VACATED ALLEGAN ST E OF GRAND AVE ALSO LOTS 1, 2 & N 4 FT LOT 3 EXC THAT PART LOTS 2 & 3 COM SW COR LOT 2, TH E 31 FT, N 10 FT, E 65.07 FT, S 03DEG 05MIN E TO A PT 4 FT S OF N LINE LOT 3, W TO W LINE LOT 3, N 4 FT TO BEG; BLOCK 113 ORIG PLAT to a private developer for a mixed use development (i.e. residential, office, commercial). Ms. Stachowiak gave a brief overview and stated that the Central Lansing Comprehensive Plan as well as the Grand Vision Plan that is being developed, the Cool Cities program, and every other vision for the downtown area, this fits in perfectly with everything. This is exactly what the City, Principal Shopping District and all of these committees have been looking for this type of mixed use building, with retail/commercial/office on the first floor and residential up above. There is plenty of additional parking downtown and there are under utilized parking ramps downtown as well. There are ways to deal with the parking that will be lost at this location. It is just a matter of redistributing it. This private developer may lease out some of the parking in this ramp. She cannot say for certain that it is even going to be cut off to PLANNING BOARD MINUTES July 17, 2007 Page 12 every one totally. Ms. Stachowiak stated that there are some good developers who are currently interested in this property and they would do a quality job. These developers have a good track record in the City and the City has no reason to believe that they would not do what they say they are going to do. They would put a face lift on this parking ramp and make it look nicer, and connect it to the future building. She stated that this would really help the Grand Avenue corridor altogether. The commercial is all concentrated along Washington Avenue and a little bit on Michigan Avenue. Grand Avenue is a sea of surface parking lots and vacant buildings. This would help to get some development going along that corridor especially right along the river bank. This fits right in with the Grand Vision project. Mr. Rieske stated that the sale of property along the river requires a vote of the people. The parking ramp will probably need to go for a vote of the people at a future election as a ballet proposal. The last time this happened it was the Ottawa Power Station which is still a work in progress. The voters supported that overwhelmingly. The easement does protect the City's interest and the whole motion of the provision of parking, river front access, and that this has to be done by the public by the City. It is being reviewed because there can be private parking ramps (i.e. Ellis Parking Ramp). There can be easements along the river such that it can maintain the City's rights. The concern about the continuity of the river trail is certainly valid. The City has an easement going down from Michigan Avenue, the parking ramp, lot 18 and further down is the Grand Tower with easements there. There is also the triangle property which the City recommended retaining the 25 feet. Across Kalamazoo Street, there is an old ROW for either Kalamazoo Street or River Street that slants northward near Christman. The City has an easement across Christman and further down there is River Point Park. There is a river trail running all the way to Elm Street. The City is making progress on the acquisition of the river front property or the retention of it. Mr. Frederick asked for a definition of reasonable period of time for condition number 3. Mr. Rieske stated under five years. Mr. Frederick stated that the corner of Grand Avenue and Allegan Street is a real dangerous corner with a lot of traffic and a lot of risk to pedestrians. A lady pedestrian was killed there. He would like to see traffic calming installed and all of PLANNING BOARD MINUTES July 17, 2007 Page 13 Grand Avenue becoming a two-way street. Mr. Rieske stated that Grand Avenue is owned by the City. Between Allegan and Ottawa Streets, it is owned by the Capital loop and owned by the State of Michigan. North of Ottawa Street, it is owned by the City. The City is working with the State and with developers along this area to propose a two-way traffic system. To recommend that all of Grand Avenue be two-way is a smoother recommendation that is probably going to be more implementable. Mr. Rieske stated that the CSO is going through there next year and the geometrics of the street are being designed to accommodate two-way traffic. Mr. Frederick stated that as long as the developer plans for it because it makes a difference with the entrances of the structure. Ms. Cordill asked if a vehicle could still make a left hand turn there on a red light after the accident. Why not make it where someone can only turn left when there is a green arrow. Mr. Rieske stated that is another possibility. Mr. Rieske stated that it would be good if the Board was to further recommend no turn on red from Allegan Street on to Grand Avenue. Mr. Frederick stated that he would like to see landscaping and buffering enhanced beyond the minimum requirements. Currently, there is no landscaping and buffering there, except for a small area down by the parking lot that the State calls the triangle property. Mr. Ruge asked what kind of buffering is required on this property. Ms. Stachowiak stated nothing in the "G-1" Business District. Mr. Frederick stated that if nothing is required and the City is doing it, let the City put in some landscaping and buffering along there. Have something nice and make it look like it is residential. Ms. Stachowiak stated that street trees could be put in and some buffering can be done along the river trail. Mr. Frederick asked about adding a condition requiring a face lift for the parking structure and to add that it should contain commercial development on the first floor. Mr. Rieske stated that it would be a further recommendation but upon redevelopment, it contain commercial development on the first floor. Ms. Cordill asked what type of street lights were currently in place there and if they were like the ones along Michigan Avenue. Mr. Ruge stated that Michigan Avenue has the cobra heads and Mr. Rieske stated that further down by CATA the lights have the double globes with the grey pole. Ms. Cordill stated that if you are trying to tie in all of the urban designs, you do not want to fall short of the other area. PLANNING BOARD MINUTES July 17, 2007 Page 14 Mr. Frederick made a motion, seconded by Ms. Cordill to recommend approval of ACT-6-2007, public sale of 201 S. Grand Avenue (S. Grand Parking Ramp), with the following conditions: 1) An 25 foot wide easement be retained along the entire frontage of the Grand River at 201 S. Grand Avenue for public access; 2) The ramp be given a facelift; 3) Upon redevelopment of the parking ramp, the first floor be developed into commercial uses and the facade improved to minimize the appearance of a parking ramp; and 4) The city enter into a development agreement with the future buyer that contains a reverter clause, should the necessary permits for the new building not be obtained and construction commenced within two years of approval of this request. On a voice vote, the motion carried unanimously (3-0). Ms. Cordill made a motion, seconded by Mr. Frederick to recommend approval of ACT-7-2007, Public Sale of the Parking Lot 18, with the following conditions: 1) A strip of land, 25 feet wide, be retained in ownership by the city along the entire frontage of the Grand River for the Parking Lot 18 property located south of 201 S. Grand Avenue; and 2) The city enter into a development agreement with the future buyer that contains a reverter clause, should the necessary permits for the new building not be obtained and construction commenced within two years of approval of this request. On a voice vote, the motion carried unanimously (3-0). Ms. Cordill made a motion, seconded by Mr. Frederick to further recommend that Grand Avenue be made into a 2-way street that incorporates traffic calming measures; left turns on red from Allegan onto Grand Avenue be prohibited; and pedestrian scale street lights and enhanced landscaping be installed along Grand Avenue between Michigan Avenue and the CATA bus station. On a voice vote, the motion carried unanimously (3-0). Mr. Frederick made a motion, seconded by Ms. Cordill to arise from Committee of the Whole. On a voice vote, the motion carried unanimously (3-0). 3b. COMMITTEE OF THE WHOLE a. Z-2-2007, 6040 S. ML King Blvd., "A" Residential District to "F" Commercial District This is a request by Besco Water Treatment Inc. to rezone the property at 6040 S. ML King Blvd., more specifically described as: Lot 18, Also Lot 19 except the southwesterly 17 feet thereof, Webster Farm Subdivision No. 1, City of Lansing, Ingham County, MI from "A" Residential District to "E-2" Local Shopping District. The purpose of the rezoning is to bring the commercial use of the lot into compliance with the Zoning Ordinance. PLANNING BOARD MINUTES July 17, 2007 Page 15 Mr. Ruge made a motion, seconded by Ms. Cordill, to recommend approval of Z-2-2007, 6040 S. MIL King Blvd., "A" Residential District to "F" Commercial District. Frederick . . . . . . . . . . . . . . . . . . . . Ave Ruge. . . Ave Cordill. . . Ave On a roll call vote, there were: Ayes: 3; Nays: 0; carried; unanimous. Approved. b. Z-3-2007, Vacant Lot East of 401 Fenton Avenue, "F" Commercial District to "A" Residential District This is a request by Frazier Builders to rezone the vacant lot located immediately east of 401 Fenton Avenue, more specifically described as: South 110.3 Feet of Lot 82, Jessop's Home Gardens Subdivision from "F" Commercial District to "A" Residential District for the purpose of constructing a single family dwelling on the subject property. Mr. Ruge made a motion, seconded by Ms. Cordill, to recommend approval of Z-3-2007, Vacant Lot East of 401 Fenton Avenue, "F" Commercial District to "A" Residential District. Frederick . . . . . . . . . . . . . . . . . . . . Ave Ruge. . . Ave Cordill. . . Ave On a roll call vote, there were: Ayes: 3; Nays: 0; carried; unanimous. Approved. c. SLU-4-2007, 3215 W. Mt. Hope Avenue, Special Land Use Permit - Telecommunications Tower This is a request by Haley Law Firm on behalf of T-Mobile Central, for a Special Land Use permit to construct a 120-foot, monopole, telecommunications tower at 3215 W. Mt. Hope Avenue. The property is commonly known as Grand Haven Manor and the tower will be located at the south end of the site. The property is zoned "DM-3" Residential District which permits public/private utility facilities, with a special land use permit, if approved by the Lansing City Council. PLANNING BOARD MINUTES July 17, 2007 Page 16 Mr. Ruge stated that this item was tabled during the Committee of the Whole discussion. d. ACT-6-2007, 201 S. Grand Avenue (S. Grand Parking Ramp Property), Public Sale of City Property and ACT-7- 2007, 200 Block, S. Grand Avenue (City Parking Lot 18), Public Sale of City Property These are requests by the City of Lansing Department of Planning and Neighborhood Development to market for or negotiate the sale of the City owned parking ramp (S. Grand Parking Ramp) located at 201 S. Grand Avenue and the City owned surface parking lot (Parking Lot 18) located directly to the south, more specifically described as: LOT 4 & S 22 FT LOT 3 BLOCK 112 ORIG PLAT, VACATED ALLEGAN ST E OF GRAND AVE ALSO LOTS 1, 2 & N 4 FT LOT 3 EXC THAT PART LOTS 2 & 3 COM SW COR LOT 2, TH E 31 FT, N 10 FT, E 65.07 FT, S 03DEG 05MIN E TO A PT 4 FT S OF N LINE LOT 3, W TO W LINE LOT 3, N 4 FT TO BEG; BLOCK 113 ORIG PLAT to a private developer for a mixed use development (i.e. residential, office, commercial). Mr. Ruge made a motion, seconded by Ms. Cordill, to recommend approval of ACT-6-2007, 201 S. Grand Avenue (S. Grand Parking Ramp Property), Public Sale of City Property with the following conditions: 1) An 25 foot wide easement be retained along the entire frontage of the Grand River at 201 S. Grand Avenue for public access; 2) The ramp be given a facelift; 3) Upon redevelopment of the parking ramp, the first floor be developed into commercial uses and the facade improved to minimize the appearance of a parking ramp; and 4) The city enter into a development agreement with the future buyer that contains a reverter clause, should the necessary permits for the new building not be obtained and construction commenced within two years of approval of this request. Frederick . . . . . . . . . . . . . . . . . . . . Ave Ruge. . . Aye Cordill. . . Ave On a roll call vote, there were: Ayes: 3; Nays: 0; carried; unanimous. Approved. Mr. Ruge made a motion, seconded by Ms. Cordill, to recommend approval of ACT-7-2007, 200 Block, S. Grand Avenue (City Parking Lot 18), Public Sale of City Property with the following conditions: 1) A strip of land, 25 feet wide, be PLANNING BOARD MINUTES July 17, 2007 Page 17 retained in ownership by the city along the entire frontage of the Grand River for the Parking Lot 18 property located south of 201 S. Grand Avenue; and 2) The city enter into a development agreement with the future buyer that contains a reverter clause, should the necessary permits for the new building not be obtained and construction commenced within two years of approval of this request. The Planning Board further recommended that Grand Avenue be made into a 2- way street that incorporates traffic calming measures; left turns on red from Allegan onto Grand Avenue be prohibited; and pedestrian scale street lights and enhanced landscaping be installed along Grand Avenue between Michigan Avenue and the CATA bus station. Frederick . . . . . . . . . . . . . . . . . . . . Aye Ruge. . . . . . . . . . . . . . . . . . . . . . . . Aye Cordill. . . . . . . . . . . . . . . . . . . . . . . Aye On a roll call vote, there were: Ayes: 3; Nays: 0; carried; unanimous. Approved. 4. EXECUTIVE COMMITTEE C. Old Business — None. D. Report from Planning Manager— None. E. Pending Items: Future action required 1. Zoning and Ordinance Committee a. Z-1-2006, 310/312 Chestnut b. Z-3-2006,W. Edgewood c. Z-17-2005, Polly& Benjamin d. Z-12-2006& SLU-7-2006 2727 Lyons Avenue 2. Urban Development Committee a. Master Plan Project 3. Committee of the Whole 4. Planning Board 8. NEW BUSINESS — None. 9. COMMENTS FROM CHAIRPERSON — None. 10. COMMENTS FROM BOARD MEMBERS Ms. Cordill stated that with the cell phone tower it would be helpful to see where the proposed site fits in to the overall neighborhood and immediate lot, and where the vegetation is placed. Ms. Stachowiak stated that it is only the residents on Skye Avenue who will be seeing the tower and she should have studied more on their view of it. The residents to the south will not be able to see the tower and the residents to the east will not be affected by the tower either. Ms. Stachowiak PLANNING BOARD MINUTES July 17, 2007 Page 18 stated that she will be more comfortable being able to view the site again and see if maybe more conditions are needed to protect their view. Ms. Stachowiak stated that the residents on Glascow are very protected by the wooded area back there and they will not be affected by it. The residents to the west could be affected by it. Ms. Cordill asked if there is a way to show what advantage point they will have from the west. Ms. Stachowiak stated that it is a distance away but if it is completely open, most lots along Skye Avenue are pretty shallow and do not have existing vegetation. Ms. Stachowiak asked about attendance for the next meeting. Mr. Frederick stated that he will be available. Mr. Ruge stated that he and his family will be leaving this Saturday and will be gone for three weeks. He will be able to attend the second meeting in August. Mr. Ruge asked for an excused absence for the August 7th meeting. Ms. Cordill made a motion, seconded by Mr. Frederick to approve an excused absence request from Mr. Ruge for the August 7th meeting. On a voice vote, the motion carried unanimously (3-0). Mr. Frederick suggested that the cell phone tower may need to be decorated. Ms. Stachowiak stated that the applicant has to be careful with blue because the FAA has requirements. Mr. Frederick stated that it would be nice to see something aesthetically pleasing, maybe some geometric shapes and it would be a good precedent. 11. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS — None. a. Dollar Store-Willow Street&MLK Blvd.-landscaping &buffering (May 20, 2003) b. Grovenburg property-dumpster in ROW(July 1, 2003) c. 2714 W.Jolly Road-church with large statue in front yard (January 20, 2004) d. W.Willow Street-Grace Tabernacle Church-no landscaping (May 4,2004) e. Michigan Ave&Shepard Street-sign business-several banner signs nailed to the outside of building (May 4, 2004) f. 2702 S. Cedar Street-no landscaping (May 18, 2004) g. 2410 S. Pennsylvania Ave.-no landscaping (November 3, 2004) h. 2200 W. Holmes Road-Bad Habits-excessive signs(May 3, 2005) i. 2618 Cavanaugh Road. -registered rental &front yard paved, used for parking (October 4,2005) j. Keeps Party Store-Aurelius Road-illegal signs (July 5,2006, July 18, 2006&September 5, 2006) k. Clarion Hotel—two big signs advertising Great Lakes Condominiums (December 5, 2006) I. The Firm—review requirements for fenced outdoor patio(December 5, 2006) m. 928 Pacific Ave.—6 foot fence in front yard on a corner lot(February 6, 2007) n. 4311 S. Cedar Str.—barber shop in a residential neighborhood & illegal signs (April 3, 2007) Mr. Ruge stated that at 1409 Eureka the owner has a huge hole in the roof of the porch and if something does not happen the whole porch will be coming down. He stated that it might be a rental house. 12. ADJOURNMENT - Meeting was adjourned at 8:55 p.m. PLANNING BOARD MINUTES July 17, 2007 Page 19 Respectfully submitted, L William C. Rieske, Secretary, Planning Board PBMinutes.071707.doc