Staff Contact: Jake Parcell Phone No.: PC Agenda: April 25, 2018

Transcription

1 Department of Planning, Building & Development Staff Contact: Jake Parcell Phone No.: PC Agenda: April 25, 2018 STAFF REPORT April 20, 2018 Special Use Permit 1218 E. Grand River (Delta Sigma Phi) SUBJECT A Special Use Permit application from the Delta Sigma Phi Fraternity Alumni Corporation for the property at 1218 E. Grand River Avenue. The applicant is applying for a Special Use Permit to recognize the structure as a fraternity, as it has been operating as a Class B multi-family dwelling since 1933, which pre-dates when Special Use Permits were required. EXISTING CONDITIONS The site is acres in size. Properties to the east and west of the site are also zoned EV, East Village, the property across the street to the north is zoned B-2, and the property to the south is Michigan State University. The property currently has a Class VI rental license. The structure is designated as being in the Thematic Fraternity and Sorority Historic District (found in the Code of Ordinances 20-36(b)10), and thus is covered by the City of East Lansing Historic District Guidelines. The owners also own the property at 1210 E. Grand River. The existing structure at 1218 E. Grand River has 9 parking spaces, and shares parking in the paved lot with 1210 E. Grand River for a total of 33 spaces. PROPOSED DEVELOPMENT The applicant is proposing to convert the building for use as a fraternity with a current occupancy of 29 persons. If this Special Use Permit is approved the owners are proposing to do renovation work for the property, including refinishing several rooms, replacing windows, and upgrading the flooring, electrical, lighting, and plumbing on the basement and first floor. Additionally the applicant is proposing to add one bedroom and will work with the City to get the appropriate rental license following the increase. STAFF REVIEW Site Plan A site plan application must meet the specific use and dimensional standards of the zoning district in which it is to be located and a number of other required conditions for development specified in the Zoning Code. A site plan application must substantially comply with the general standards of review specified in Sec of the Code. A site

2 Page 2 April 20, 2018 plan must also comply with other applicable local ordinances and state and federal statutes and be consistent with the objectives of the City s Comprehensive Plan. A site plan may be approved subject to certain conditions or modifications necessary to bring the plan into conformance with these requirements, including the approval of any variance that may be granted by the Zoning Board of Appeals. A. General Standards of Review for Site Plan Approval (1) General site conditions. The site shall be designed and developed to provide a logical relationship between functional elements, to effectively serve the purposes for which it is to be developed, and to be reasonably compatible with surrounding properties. There are no proposed changes to either the function or use of the property. (2) Natural features. The site shall be designed and developed to minimize the disruption or loss of its desirable natural qualities and to enhance its overall appearance. There shall be no net loss in either wetland area or wetland benefits due to development of the site. The site in general is an already disturbed site, and no work will be done to the exterior of the building or landscape, rear walkways, patio, or parking. The property is adjacent to the Red Cedar River, but this designation will have no environmental impacts to the river. (3) Traffic Access. The site shall be designed and developed to provide safe and efficient access for all forms of travel and to minimize impacts on adjacent public facilities. Vehicular access is available to the site via the entrance on E. Grand River Ave. The site borders M-43 (Grand River Ave.), but there are no proposed changes that will impact traffic. (4) Utilities and public services. The site shall be designed and developed to facilitate the efficient provision and maintenance of adequate public services. No changes are proposed to the existing utility systems serving the site. (5) Environmental protection. The site shall be designed and developed to minimize any risk of pollution of natural resources and to protect the public health, safety and welfare. The existing use will not change from what has currently been on site. B. Other Applicable Local Ordinances and State and Federal Regulations Prior to the approval of final plans and the issuance of any construction permits, the

3 Page 3 April 20, 2018 final plans will have to comply with all applicable local construction standards and specifications. C. Objectives of the Comprehensive Plan The Draft Comprehensive Plan calls for mixed use, including residential, on this stretch of Grand River Ave. Although this is not a redevelopment project on the site, the proposal is a permitted land use under the current zoning district, East Village, and is continuing the existing use on the site. D. Other Department Review The Police Department and Building & Housing Department found no issue with this request upon reviewing the application since this has previously been recognized as a fraternity. STAFF REVIEW Special Use Permit A Special Use Permit application may be approved if it meets the requirements for Site Plan approval reviewed above and if the applicant makes an affirmative showing and the City finds that the application meets the following additional standards of review specified in Sec of the Code. A Special Use Permit may also be approved subject to reasonable conditions or certain modifications necessary to ensure that the use conforms to all applicable requirements. A. All uses. Except as may be provided elsewhere in the Zoning Code, each Special Use Permit application shall meet each of the following standards: (1) The proposed use shall be consistent with the purpose of the use district in which it is located and the purpose and provisions of this division. The intent of the East Village district is to provide for a mixed use development by maximizing the economic, social and environmental benefits provided. The use of the building as a fraternity house is consistent with the intent and purpose of the district. (2) The site plan for the property shall be approved in accordance with the provisions of section of this chapter. See comments above. (3) The proposed size, height, architectural character and placement of new or expanded structures on the site shall be reasonably compatible with the existing or anticipated buildings on adjacent properties. There are no new or expanded structures being proposed.

4 Page 4 April 20, 2018 (4) Streets and access facilities serving the site shall be able to safely accommodate the expected traffic generated by the proposed use; the use shall not cause excessive traffic congestion or delays, obstruct access to adjacent properties, or imperil the safety of motorists, pedestrians or bicyclists. Approving a Special Use Permit for this property will not change the existing use. (5) The proposed use shall not adversely affect the use and enjoyment of adjacent properties by generating excessive noise, vibration, light, glare, odors or any other form of pollution or nuisances. The current rental license is a conditional rental license with the condition that code violations written up must be completed by March 19, The outstanding violations are attached to this report. There have also been citations issued from PACE last year in regards to trash being found around the dumpster. (6) The proposed use shall not materially diminish the economic value of adjacent properties or the city as a whole. The organizational status is not anticipated to have an impact on the economic value of adjacent properties or the city as a whole, as additional floor area is not being added and the uses that are proposed are generally compatible with the surrounding uses. (7) The proposed use shall not materially diminish the privacy, safety, security or enjoyment of any residential dwelling or residential neighborhood within the vicinity of the site. No major change to the privacy, safety, security, or enjoyment of the neighborhood or specific dwelling would be expected from this proposal (8) The proposed use shall be located with direct access to and frontage on a major street as designated in the major street plan, or within an area designated for adaptive reuse in the city center element of the comprehensive plan. This requirement does not apply, per the specific standards of review that follow for fraternities and sororities. B. Specific uses. In addition to the standards above, to address their unique characteristics, certain uses shall also meet the applicable standards below. (3) Fraternities and sororities. a. The standard set forth in item (8) of subsection (a) above does not apply to fraternities and sororities.

5 Page 5 April 20, 2018 b. In addition to the parking requirements for such uses specified in section , fraternities and sororities shall provide and maintain a parking access and management arrangement sufficient to serve the parking and access demands associated with chapter meetings, formal and informal social activities, or other on-site events which include the attendance of persons other than those who reside on the property. Such parking and access arrangements may include, but are not limited to, the provision of additional on-site parking, the use of private off-premises parking, the use of public parking in municipal lots or on-street spaces, and the availability of bus or shuttle service or carpooling arrangements. It is unclear what the parking and access demands will be for the proposed fraternity relative to associated chapter meetings, social activities, or other on-site events. However, with the combined parking from the adjacent property that the applicant also owns, there is more than one parking space available per dormer. PARKING REQUIREMENTS Section (1)b.2 requires Class B dwelling units, including fraternities, to have 0.5 parking spaces per occupant. At an occupancy of 29, 15 parking spaces would be required. There are currently 33 on-site parking spaces when you account for the adjacent property. There does not appear to be any barrier free or bicycle spaces provided. Parking Spaces Standard Existing Conformity Min. Required Yes Max. Permitted NA NA NA Max. Small Spaces NA NA NA Min. Barrier Free Spaces 1 0 No Min. Bike Spaces 15 0 No SUMMARY COMMENTS There have been comments from the Downtown Development Authority regarding violations on site and a discussion on parking. In regards to the violations, the attached list of open violations from City Inspector Dennis Wesner is included to this packet. The future re-model in the home will account for several of these uncorrected violations. Additionally, for violation Openable Windows, there has been an approved Certificate of Appropriateness (on February 21, 2018) to replace a total of 17 first-floor windows with historically accurate windows. This is indicative that there have been efforts to come into compliance with both City Historic District Policy and Building Code. There was also concern that there have been issues with trash and refuse surrounding the trash enclosure. To ensure compliance with the trash containers one condition suggested below ensures that the trash containers be constructed and screened in accordance with current City Code. The parking issue was raised in reaction to the fact

6 Page 6 April 20, 2018 that the actual property at 1218 E. Grand River Avenue only has parking for 9 vehicles, while the house also owned by the Alumni Corporation Board has accommodations for 24 vehicles. If the instance occurs that this house is sold then the property at 1218 E. Grand River Avenue would not have adequate parking for the licensed residency. Should the Commission choose to suspend their rules and take action, Staff provides the following motion for the request from Delta Sigma Phi Fraternity for a Special Use Permit designating a fraternity at the property of 1218 E. Grand River Avenue: motion to recommend approval to the City Council for the Special Use Permit subject to the following conditions 1. Bike racks shall be installed sufficient to accommodate at least 15 bicycles. 2. Site lighting shall be installed in accordance with the requirements of section of the City Code. 3. Trash containers shall be constructed and screened in accordance with the requirements of section of the City Code. 4. Recycling containers shall be provided in accordance with section of the City Code. 5. The required permit(s) shall be obtained from the Department of Planning, Building, and Development for all exterior signs, in accordance with Chapter 32 Signs of the City Code. 6. The project shall be designed and developed in accordance with all applicable State and local statutes, codes and regulations. 7. A Memorandum of Special Use Permit shall be filed with the County Register of Deeds per section of the City Code. 8. A minimum of 6 parking spaces shall remain available for use for the residents of 1218 E. Grand River Avenue at the property located at 1210 E. Grand River Avenue. At the March 28 meeting the Planning Commission requested site plans that show the parking at both properties that the applicant owns. The applicant was out of town when contacted following this meeting, but will provide plans that will be electronically sent to Commissioners before the April 11 meeting, and will be at the April 11 meeting to answer questions. UPDATE: At the April 11 meeting the Planning Commission requested an official parking plan be attached to the application. City staff was able to uncover a parking plan in the building file from when they received their rental license. Attached is a memo describing the plan and the parking plan.

7 AERIAL PHOTOGRAPH E. Grand River Ave. Planning Commission Quality Services for a Quality Community

8 Orchard Kedzie Bogue River Spartan Stoddard Conditional Zoning A* - Dewitt Township - AG Physics Planning Commission EAST RM22-Medium VILLAGEDensity Multiple Family VILLAGE Durand Cedar Short Conditional Zoning A* - Dewitt Township - AG B1-General Office Business B2-Retail Sales Business B3-City Center Commercial B4-Restricted Office Business B5-Community Retail Sales Business BC*-Dewitt Township - Business C-Community Facilities Village Waters Edge C-1* -Meridian Township Commercial D* - Bath Township - Development EAST VILLAGE Conditional M1-Manufacturing Zoning Industry M4*-Dewitt Township - Multiple Family A* OIP - Dewitt - Office Township Industrial - Park AG B1-General P- Parking Office Business B2-Retail R1-Low Density Sales Business Single-Family Residential Milford Victor B3-City R2-Medium Center Density Commercial Single-Family Residential B4-Restricted R3-Single & Two Office Family Business Residential B5-Community R3* Dewitt Township Retail Sales Business BC*-Dewitt RA-Residential Township Ag - Business Woodmere C-Community RDD*-Meridian Facilities Township-Multiple Family Low Density C-1* RM08-Planned -Meridian Township Unit Development Commercial D* RM14-Low - Bath Township Density - Multiple Development Family M1-Manufacturing RM32-City Center Multiple Industry Family Res B1-General Office Business B2-Retail Sales Business B3-City Center Commercial Frye B4-Restricted Office Business B5-Community Retail Sales Business BC*-Dewitt Township - Business C-Community Facilities C-1* Conditional -Meridian Zoning Township Commercial D* - Bath Township - Development EAST A* - Dewitt VILLAGE Township - AG M1-Manufacturing B1-General Office Business Industry M4*-Dewitt B2-Retail Sales Township Business - Multiple Family OIP B3-City - Office Center Industrial Commercial Park P- B4-Restricted Parking Office Business R1-Low B5-Community Density Retail Single-Family Sales Business Residential R2-Medium BC*-Dewitt Township Density Single-Family - Business Residential R3-Single C-Community & Two Facilities Family Residential R3* C-1* Dewitt -Meridian Township Township Commercial RA-Residential D* - Bath Township Ag - Development Akers O Can RDD*-Meridian EAST VILLAGETownship-Multiple Family Low Density RM08-Planned M1-Manufacturing Unit Industry Development RM14-Low M4*-Dewitt Density Township Multiple - Multiple Family Family RM22-Medium OIP - Office Industrial Density Park Multiple Family RM32-City P- Parking Center Multiple Family Res RM54-University R1-Low Density Single-Family Oriented Multiple Residential Family Re U- R2-Medium UniversityDensity Single-Family Residential R3-Single & Two Family Residential R3* Dewitt Township RA-Residential Ag RDD*-Meridian Quality Township-Multiple Services for a Quality Family Community Low Density RM08-Planned Unit Development Kenberry Lexington Hu