There is residential home at 1578 Lakeside whose owner is attempting to convert into a synagogue. The owner plans to add 21 parking spaces to a small lot that abuts its neighbors, and increase the size of the structure to accommodate 126 occupants (the fire marshal disagrees and calculates 250 occupants). There is already an issue at this property regarding the on-street parking that occurs with respect to services at this location. This was recently discussed at a Planning Commission meeting. An article can be found here from the Birmingham Patch.
Recently the neighbors of Holy Name expressed their concerns about the expansion of that Church.
Sunday, September 11, 2011
Westmaple School Violates R1 Zoning
Section 2.05 of the Zoning Ordinances establishes permitted and other uses of property in the R1 residential zone. Note that this does not include the operation of a Child Care Center, even with a SLUP.
From the Zoning Ordinance :
Child Care Center: A facility, other than a private residence, where child care is provided for periods of fewer than 24 hours a day, for more than 2 consecutive weeks per year, for 1 or more children whose parents/guardians are not immediately available. Child care centers include public or private preschools, nursery schools, parent cooperative preschools, full-day child care centers and drop in centers and must be licensed by the state.
The Westmaple School, which operates from the North East corner of the Church meets this definition of a Child Care Center. Operating Westmaple School violates the zoning ordinance for an R1 District.
The following is from the Zoning Ordinance.
Lighting Ordinances
The following information was provided to Matt Baka of the Planning Department, and Bruce Johnson, the Birmingham Building Official. Their response is below.
In the view of its neighbors, Lutheran Church of the Redeemer, 1800 West Maple, is imposing a light nuisance and disability glare in violation of the following City Zoning Ordinance:
[1] Light Nuisance: Detrimental illuminance within the visual field, that is sufficiently greater than the illuminance to which the eyes are adapted that causes annoyance, discomfort, and is otherwise distressful to surrounding property occupants.
[2] Disability Glare: The effect of stray light in the eye whereby visibility and visual performance are reduced. A direct glare source that produces discomfort may also produce disabling glare by introducing a measurable amount of stray light in the eye.
According Matt Baka, the Church is using full cut-off lighting, which is described in the Zoning Ordinance as:
However, this is Church lighting, as viewed from a 2nd story on Fairview. Full cut-off lighting placed at 10’ should generate no light above a 10’ sight line, however, as can be seen here, this is clearly not the case.
There is no question but what this lighting generates a nuisance and a glare, in violation of Zoning Ordinance 4-21 (LT-01) (B)
In the view of its neighbors, Lutheran Church of the Redeemer, 1800 West Maple, is imposing a light nuisance and disability glare in violation of the following City Zoning Ordinance:
4-21 (LT-01) (B): Light emitted outdoors from any structure will be subject to control by this section if it is determined that it creates a light nuisance[1] and a disability glare[2] as defined by section 9.02 of this ordinance.
Properties regulated by Special Land Use Permits, or SLUP’s, located in single family residential zones must comply with all regulations set forth in this ordinance.
Violations
Church lighting is violating the following Zoning Ordinances:4-21 (LT-01) (D) General Standards:
(1): All luminaries shall be … positioned in a manner that does not unreasonably invade abutting or adjacent properties.
(3): All luminaries shall use light distribution patterns or positioning that directs light away from adjacent or abutting property when appropriate.
(4): All exterior lighting not deemed necessary for security purposes or architectural enhancement must be turned off during non-business hours and shall be controlled by means of a photocell control, timer, or other acceptable means of control.
4-21 (LT-01) (F) Parking Facilities
(4): All luminaries of a parking facility will use light distribution patterns and/or shielding that directs light away from adjacent or abutting property.
[1] Light Nuisance: Detrimental illuminance within the visual field, that is sufficiently greater than the illuminance to which the eyes are adapted that causes annoyance, discomfort, and is otherwise distressful to surrounding property occupants.
[2] Disability Glare: The effect of stray light in the eye whereby visibility and visual performance are reduced. A direct glare source that produces discomfort may also produce disabling glare by introducing a measurable amount of stray light in the eye.
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Response from the Birmingham Planning Dept.
The following is a response from Matt Baka, of the Planning Department, to questions posed by Patrick Hillberg, 1853 Fairview
Matt: In regards to your questions, I will attempt to answer each or explain each provision's purpose within the ordinance;
Pat: specifically, per your email you discuss 4-21 (LT-01) (D)(3)Matt: I referenced 4.21 LT-01 (D)4, however 3 would also be taken into consideration when performing a lighting plan review during the approval process.
Did you address each of these, or only make an luminance measurement?My site visit on the evening of the last Planning Board meeting was to take light readings. I had already determined that the type of lights installed (full cut-off wall packs) and location (10' above grade) were in accordance with their SLUP approval on a previous visit.
Did you prepare a report on your findings? I did not prepare a formal report, however I did report back to my supervisor that the light levels did not exceed the levels allowable by ordinance but that they are required to be turned off during non-business hours and that I would contact Redeemer to make sure they were aware of this requirement, which I did.
Where did you measure, and what was the light level? The ordinance states that light levels shall be measured 6' above grade on a vertical plane at the property line. I took my measurements from points along the property line as well as progressively closer to the light fixtures at several points. The levels at the property line were 0.0 fc. The light meter did not register any light reading until I was well with the property line.
4-21 (LT-01) (D): Light emitted outdoors from any structure will be subject to control by this section if it is determined that it creates a light nuisance or disability glare as defined by section 9.02 of this ordinance. (This regards the hallway lighting which shines into our living room.)(4.21 LT-01 B) - This provision is intended to regulate situations such as the one you describe. The night I was out there I did not observe any classroom or hallway lights to be on so I can't speak to whether or not that would constitute a lighting violation. However, I did speak to Steve on that point as well, he said that the cleaning staff is supposed to turn off all the lights once they are finished cleaning for the night.
4-21 (LT-01) (D)(1): all luminaries shall be full cutoff or cutoff, as defined in Section 9.02, and positioned in a manner that does not unreasonably invade abutting or adjacent properties.All the wall packs at Redeemer are full cut-off fixtures and positioned according to the approved plan
4-21 (LT-01) (D)(1)(b): The luminaire is neither obtrusive nor distractingThis provision applies to non-cutoff lights
4-21 (LT-01) (D)(3): All luminaries shall use light distribution patterns or positioning that directs light away from adjacent or abutting property when appropriate.This is done through the use of the cutoff fixtures that direct the light onto the driveway
4-21 (LT-01) (D)(3): All exterior lighting not deemed necessary for security purposes or architectural enhancement must be turned off during non-business hours and shall be controlled by means of a photocell control, timer, or other acceptable means of control.This is the provision I referenced in my last email.
4-21 (LT-01) (E)(1): The intensity of light on a site shall not exceed six-tenths (0.6) maintained foot-candles at any property line that abuts a single family residential zoned propertyThis is the standard that I measured the light levels against. The light levels at the property line registered 0.0 fc
4-21 (LT-01) (F)(4): All luminaries of a parking facility will use light distribution patterns and/or shielding that directs light away from adjacent or abutting property.4-22 (LT-02) (A)(3): All luminaries shall use distribution patterns, shielding or positioning that directs light away from adjacent or abutting property as appropriate.4-22 (LT-02) (A)(4): All lighting shall use appropriate methods to minimize reflection and glare on adjacent or abutting properties.These requirements are met through the use of cutoff fixtures, directional light throws and positioning
All of the standards in the lighting ordinance were based on the IESNA (Illumination Engineering Society of North American) recommended standards (see footnotes in the ordinance)which is considered the authority on these matters. The lighting plan that was approved met the requirements of the Zoning Ordinance. Certainly if the neighbors feel that the lighting is offensive the City will make sure that they (Redeemer) are not violating the ordinance and do our best to work with the stakeholders to resolve the issues. As I mentioned in my previous email, I found Steve to be very receptive to the concerns I voiced to him. I would encourage you to work with him as much as possible, it may just be a matter of him communicating to others at the Church what is required. Please let me know if you have any other questions or if I can be of further assistance.
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The Neighbor’s Response
In essence, the neighborhood complaint regarding lighting ordinances is that the Church is not doing all that it can to direct light away from the residential property, when the lights are on, and the lights are on at times when they don’t need to be. (The Church seems to have no regard for the neighborhood aesthetic.) The City’s position is that the Church is using cut-off lighting, but 1) does not seem to be entirely true, especially in the archway lighting on the new west entrance, and 2) focusing strictly on cut-off luminaries ignores the other ordinances mentioned above.According Matt Baka, the Church is using full cut-off lighting, which is described in the Zoning Ordinance as:
Full Cutoff Luminaire: A luminaire light distribution with zero candela (intensity) at an angle of 90 degrees or above. Additionally, the candela per 1000 lamp lumens does not exceed 100 (10%) at a vertical angle of 80 degrees.
However, this is Church lighting, as viewed from a 2nd story on Fairview. Full cut-off lighting placed at 10’ should generate no light above a 10’ sight line, however, as can be seen here, this is clearly not the case.
There is no question but what this lighting generates a nuisance and a glare, in violation of Zoning Ordinance 4-21 (LT-01) (B)
Failing to meet conditions of the SLUP
Lutheran Church of the Redeemer was granted a SLUP in 1991, and then amended it in 1995, 2005, and 2009. The SLUP and each of its amendments contain conditions to be met by the Church. Below is a partial list of conditions which are not being met.
1991
| That the trash dumpster be eliminated and the Church utilize curbside collection. | In the 2009 remodel, the trash dumpster returned. | |
| That the traffic pattern remain the same and new signage be installed to direct drivers to dim headlights. | There is no signage instructing drivers to dim headlights, and this is a significant problem to the neighbors. | |
| That the parking lot barricades be placed at the three locations indicated on the site plan. | While barricades exist, they are never closed. | |
| That the Church hold an annual meeting with the neighbors to ensure that the proposals are continued. | In polling the neighbors, no one can ever recall the church calling for this meeting. | |
1995
| All lighting shall be installed in accordance with the City Code. | See Lighting Ordinances |
| The Lutheran Church of The Redeemer shall continue to satisfy the conditions of the original Special Land Use Permit granted on May 13, 1991 | Note that each amendment requires compliance with each previous agreement. |
| Two (2) 12 ft. lights in north row shall be on separate circuit and only used or special events that require use of entire parking area (approximately twelve a year). Neighbors shall receive a yearly list of these special events | These lights are on every evening (whenever other lights are on). No neighbor can recall the church providing a list of special event nights when the lights will be on. |
| New 12 It. lights shall be on separate timer and set to go off between 9.30 - 10-00 p.m. except special events. When practical, lights shall be programmed to not come on when no activities are scheduled | The lights are on every evening, regardless when there are/are no activities. |
| Five (5) 8 - 10 ft white pines shall be planted at the fence line of the Andrews (235 Chesterfield) and Hubbard (1901 Fairview) properties. | Only two trees are planted on the property line at 235 Chesterfield. Note that the church agreed to replace any trees which die over the years with equivalent trees. |
2005
| All applicable conditions of the previously approved SLUP and its amendments are continued as a part of this SLUP amendment; | Note that each amendment requires compliance with each previous agreement. |
2009
| The applicant submit a new photometric plan that adheres to the requirements of the Zoning Ordnance, or obtain a valance from the BZA; | See Lighting Ordinances |
| All applicable conditions of the previously approved SLUP and the amendments are continued as a part of this SLUP amendment; | Note that each amendment requires compliance with each previous agreement. |
Friday, September 2, 2011
R1 Residential Districts, SLUPs, and Churches
Article 2.05 of the Birmingham Zoning Ordinance defines permitted and other uses of property in the R1 district, and you can see that churches are are included under Uses Requiring a Special Land Use Permit (SLUP) . Since the Lutheran Church of the Redeemer sits on land zoned R1 residential, they require a SLUP, which they received in 1991, and have amended in 1995, 2005, and 2009. The SLUP’s in their entirety are posted to this blog.
Section 7.37 (A)(3) of the Birmingham Zoning Ordinance states
Section 7.37 (A)(3) of the Birmingham Zoning Ordinance states
“The City Commission may impose … conditions to ensure compatibility with adjacent uses of land and to promote the use of land in a socially and economically desirable manner.”Section 7.37 (B)(1) of the Birmingham Zoning Ordinance states
Conditions imposed by the City Commission shall … be designed to protect natural resources, the health, safety and welfare, as well as the social and economic well-being of those who will use the land use under consideration, residents and landowners immediately adjacent to the proposed land use, and the community as a whole.It is our opinion that significant activities of Lutheran Church of the Redeemer fail to meet the conditions stated in the zoning ordinance. Further, the original SLUP and each of its amendments contain specific conditions for approval, which the Church is failing to meet. These are discussed in a separate blog posting.
SLUP 2009
CITY OF BIRMINGHAM
LUTHERAN CHURCH OF THE REDEEMER
SPECIAL LAND USE PERMIT
2009
WHEREAS, the Lutheran Church of the Redeemer applied for and received a Special Land Use Permit to allow the Church located at 1800 W. Maple Avenue on May 13, 1991 as well as a subsequent Special Land Use Permit Amendment to permit additional lighting and landscape changes to the site, such applications having been filed pursuant to Article 7, section 7.34 of Chapter 126, Zoning, of the City Code;
WHEREAS, The Lutheran Church of the Redeemer is again seeking a Special Land Use Permit Amendment fix the site;
WHEREAS, The land is zoned R-1, Single-Family Residential, which permits a church with a Special Land Use Permit
WHEREAS, Article 7, section 7.37(D) of Chapter 126 Zoning, of the City Code provides that once a permit for a special land use has been granted as to any parcel of land, no change in that use may be made nor may any addition to or change in the building or improvement on the parcel of land take place until a new request for approval has been filed with the commission and the commission has approved the request for change;
WHEREAS, The Lutheran Church of the Redeemer has applied for a Special Land Use Permit Amendment for the addition of a stage and storage area to the north side of the existing gymnasium, the addition of two new classroons on the north side of the building, the demolition of a portion of the existing building, construction of a new ”Town Square” with a new entrance and drop-off canopy, and the expansion of the existing parking lot at the south portion of the west parking lot;
WHEREAS, The Planning Board mn September 23, 2009 reviaved the Special Lard Use Permit Amendment request and recommended approval with the following conditions:
1) The applicant submit a new photometric plan that adheres to the requirements of the Zoning Ordnance, or obtain a valance from the BZA;
2) The applicant substitute metal halide bulbs in lieu of high pressure sodium bulbs on the new light fixtures;
3) The applicant comply with request from City Departments;
4) All applicable conditions of the previously approved SLUP and the amendments are continued as a part of this SLUP amendment; and
5) The EIFS be replaced with harder material, possibly a thin brick.
6) The applicant work with staff to facilitate the pedestrian friendliness of the parking area.
7) If the applicant chooses, work with staff to reduce the loss of some of the large trees and to meet the parking and neighbors objectives pror to submission of the proposal to the City Commission.
WHEREAS, The applicant has complied with all the conditions for approval recommended by the Planning Board on September 23, 2009;
WHEREAS, The Birmingham City Commission has reviewed the Lutheran Church of the Redeemer Special Land Use Permit Amendment application and standards for such review as set forth in Article 7, section 7.36 (A) of Chapter 126 Zoning of the City Code;
NOW, THEREFORE, BE IT RESOLVED, That the Birmingham City Commission finds the standards set forth in the City Code have been met and the Lutheran Church of the Redeemer application for a Special Land Use Permit Amendment authorizing the addition of a stage and storage area to the north side of existing gymnasium, the addition of two new classrooms on the north side of the building, the demolition of a portiion of the existing building, constructions of a new ‘Town Square” with a new entrance and drop-off canopy, and the expansion of the existing parking lot at the south portion of the west parking lot is hereby approved, but it further
RESOLVED, That all conditions of the previously approved Special Land Use Permit and subsequent amendments be continued as part of this Special Land Use Permit and are incorporated as herein by reference; be it further
RESOLVED, Except as herein specifically provided, Lutheran Church of the Redeemer and its heirs, successors, and assigns shall be bound by all ordinances of the City of Birmingham in effect at the time of the issuance of this permit, and as they may be subsequently amended. Failure of the Lutheran Church of the Redeemer to comply with all the ordinances of the city may result in the Commission revoking this Special Land Use Permit.
I, Nancy M. Weiss, City Clerk of the City of Birmingham, Michigan, do hereby certify that the foregoing is a true and correct copy of the resolution adopted by the Birmingham City Commission at its regular meeting held on December 7, 2009.
__________________________________________
Nancy M. Weiss, City Clerk
LUTHERAN CHURCH OF THE REDEEMER
SPECIAL LAND USE PERMIT
2009
WHEREAS, the Lutheran Church of the Redeemer applied for and received a Special Land Use Permit to allow the Church located at 1800 W. Maple Avenue on May 13, 1991 as well as a subsequent Special Land Use Permit Amendment to permit additional lighting and landscape changes to the site, such applications having been filed pursuant to Article 7, section 7.34 of Chapter 126, Zoning, of the City Code;
WHEREAS, The Lutheran Church of the Redeemer is again seeking a Special Land Use Permit Amendment fix the site;
WHEREAS, The land is zoned R-1, Single-Family Residential, which permits a church with a Special Land Use Permit
WHEREAS, Article 7, section 7.37(D) of Chapter 126 Zoning, of the City Code provides that once a permit for a special land use has been granted as to any parcel of land, no change in that use may be made nor may any addition to or change in the building or improvement on the parcel of land take place until a new request for approval has been filed with the commission and the commission has approved the request for change;
WHEREAS, The Lutheran Church of the Redeemer has applied for a Special Land Use Permit Amendment for the addition of a stage and storage area to the north side of the existing gymnasium, the addition of two new classroons on the north side of the building, the demolition of a portion of the existing building, construction of a new ”Town Square” with a new entrance and drop-off canopy, and the expansion of the existing parking lot at the south portion of the west parking lot;
WHEREAS, The Planning Board mn September 23, 2009 reviaved the Special Lard Use Permit Amendment request and recommended approval with the following conditions:
1) The applicant submit a new photometric plan that adheres to the requirements of the Zoning Ordnance, or obtain a valance from the BZA;
2) The applicant substitute metal halide bulbs in lieu of high pressure sodium bulbs on the new light fixtures;
3) The applicant comply with request from City Departments;
4) All applicable conditions of the previously approved SLUP and the amendments are continued as a part of this SLUP amendment; and
5) The EIFS be replaced with harder material, possibly a thin brick.
6) The applicant work with staff to facilitate the pedestrian friendliness of the parking area.
7) If the applicant chooses, work with staff to reduce the loss of some of the large trees and to meet the parking and neighbors objectives pror to submission of the proposal to the City Commission.
WHEREAS, The applicant has complied with all the conditions for approval recommended by the Planning Board on September 23, 2009;
WHEREAS, The Birmingham City Commission has reviewed the Lutheran Church of the Redeemer Special Land Use Permit Amendment application and standards for such review as set forth in Article 7, section 7.36 (A) of Chapter 126 Zoning of the City Code;
NOW, THEREFORE, BE IT RESOLVED, That the Birmingham City Commission finds the standards set forth in the City Code have been met and the Lutheran Church of the Redeemer application for a Special Land Use Permit Amendment authorizing the addition of a stage and storage area to the north side of existing gymnasium, the addition of two new classrooms on the north side of the building, the demolition of a portiion of the existing building, constructions of a new ‘Town Square” with a new entrance and drop-off canopy, and the expansion of the existing parking lot at the south portion of the west parking lot is hereby approved, but it further
RESOLVED, That all conditions of the previously approved Special Land Use Permit and subsequent amendments be continued as part of this Special Land Use Permit and are incorporated as herein by reference; be it further
RESOLVED, Except as herein specifically provided, Lutheran Church of the Redeemer and its heirs, successors, and assigns shall be bound by all ordinances of the City of Birmingham in effect at the time of the issuance of this permit, and as they may be subsequently amended. Failure of the Lutheran Church of the Redeemer to comply with all the ordinances of the city may result in the Commission revoking this Special Land Use Permit.
I, Nancy M. Weiss, City Clerk of the City of Birmingham, Michigan, do hereby certify that the foregoing is a true and correct copy of the resolution adopted by the Birmingham City Commission at its regular meeting held on December 7, 2009.
__________________________________________
Nancy M. Weiss, City Clerk
SLUP 2005
CITY OF BIRMINGHAM
LUTHERAN CHURCH OF THE REDEEMER
SPECIAL LAND USE PERMIT
2005
WHEREAS, The Lutheran Church of the Redeemer applied for and received a Special Land Use Permit to allow the Church located at 1800 West Maple Road on May 13, 1991, as well as a subsequent Special Land Use Permit Amendment to permit additional lighting and landscape changes to the site, such applications having been filed pursuant to Article 7, section 7.34 of Chapter 126, Zoning, of the City Code;
WHEREAS, The Lutheran Church of the Redeemer is again seeking a Special Land Use Permit Amendment for the site;
WHEREAS, The land is zoned R-1, Single Family Residential, which permits a Church with a Special Land Use Permit;
WHEREAS, Article 7, section 7.37(D) of Chapter 126, Zoning, of the City Code provides that once a permit for a special land use has been granted to any parcel of land, no change in that use may be made nor may any addition to or change in the building or improvements on the parcel of land take place until a new request for approval has been filed with the commission and the commission has approved the request for change;
WHEREAS, The Lutheran Church of the Redeemer has applied for a Special Land Use Permit Amendment for parking lot enhancements and the construction of a Columbarium garden for the internment of cemetery urns in accordance with the approved site plan;
WHEREAS, The Planning Board on February 23, 2005 reviewed the Special Land Use Permit Amendment request and recommended approval with the following conditions:
1) The property owner add 6 ft. high masonry screen walls along the front setback line to screen parking areas in front of the Church abutting W. Maple, or obtain a variance from the BZA;
2) The property owner is required to provide 32-in. masonry screen walls along the front setback line to screen the parking areas in front of the Church abutting W. Maple, or obtain a variance from the BZA;
3) The property owner must remove the front two parking spaces on either side of the curved driveway that extend into the 25 ft. front yard, or obtain a variance from the BZA;
4) The property owner must add one loading space or obtain a variance from the BZA;
5) Compliance with the recommendations of all City departments;
6) All applicable conditions of the previously approved SLUP and its amendments are continued as a part of this SLUP amendment;
Property owner submit new prints showing correct fencing locations prior to going to the City Commission.
LUTHERAN CHURCH OF THE REDEEMER
SPECIAL LAND USE PERMIT
2005
WHEREAS, The Lutheran Church of the Redeemer applied for and received a Special Land Use Permit to allow the Church located at 1800 West Maple Road on May 13, 1991, as well as a subsequent Special Land Use Permit Amendment to permit additional lighting and landscape changes to the site, such applications having been filed pursuant to Article 7, section 7.34 of Chapter 126, Zoning, of the City Code;
WHEREAS, The Lutheran Church of the Redeemer is again seeking a Special Land Use Permit Amendment for the site;
WHEREAS, The land is zoned R-1, Single Family Residential, which permits a Church with a Special Land Use Permit;
WHEREAS, Article 7, section 7.37(D) of Chapter 126, Zoning, of the City Code provides that once a permit for a special land use has been granted to any parcel of land, no change in that use may be made nor may any addition to or change in the building or improvements on the parcel of land take place until a new request for approval has been filed with the commission and the commission has approved the request for change;
WHEREAS, The Lutheran Church of the Redeemer has applied for a Special Land Use Permit Amendment for parking lot enhancements and the construction of a Columbarium garden for the internment of cemetery urns in accordance with the approved site plan;
WHEREAS, The Planning Board on February 23, 2005 reviewed the Special Land Use Permit Amendment request and recommended approval with the following conditions:
1) The property owner add 6 ft. high masonry screen walls along the front setback line to screen parking areas in front of the Church abutting W. Maple, or obtain a variance from the BZA;
2) The property owner is required to provide 32-in. masonry screen walls along the front setback line to screen the parking areas in front of the Church abutting W. Maple, or obtain a variance from the BZA;
3) The property owner must remove the front two parking spaces on either side of the curved driveway that extend into the 25 ft. front yard, or obtain a variance from the BZA;
4) The property owner must add one loading space or obtain a variance from the BZA;
5) Compliance with the recommendations of all City departments;
6) All applicable conditions of the previously approved SLUP and its amendments are continued as a part of this SLUP amendment;
Property owner submit new prints showing correct fencing locations prior to going to the City Commission.
SLUP 1995
CITY OF BIRMINGHAM
LUTHERAN CHURCH OF THE REDEEMER
SPECIAL LAND USE PERMIT
1995
WHEREAS, Lutheran Church of the Redeemer applied for and received on May 13, 1991 a Special Land Use Permit for changes to the Church property at 1800 West Maple Road, such application having been filed pursuant to Section 126-477 of the City Code:
WHEREAS, The land for which the Special Land Use Permit is sought is located on the north side of west Maple Road west of Chesterfield Street;
WHEREAS, The land is zoned R-1, Single Family Residential, which permits a Church with a Special Land Use Permit;
WHEREAS, Section 126-477 (8) requires a Special Land Use Permit to be obtained from the Birmingham City Commission prior to such time that any change takes place to the building, or improvements are made on the parcel of land:
WHEREAS. The applicant is requesting an amendment to the Special Land Use Permit to install additional lighting and additional site improvements in conformance with the attached plans;
WHEREAS, The Planning Board reviewed the proposed Special Land Use Permit Amendment on August 9, 1995 and recommended that certain conditions be made a part of the attached site plan and the Special Land Use Permit Amendment be approved;
WHEREAS, The Birmingham City Commission has reviewed the Lutheran Church of the Redeemer application for a Special Land Use Permit Amendment as well as the standards for such review set forth in subparagraphs (1) and (8) of Section 126-477 of the city Code; now, therefore, be it
RESOLVED, That the Birmingham city Commission finds the standards imposed under the City Code have been met and the Lutheran Church of the Redeemer application for a Special Land Use Permit Amendment allowing for the installation of new light fixtures, landscaping and parking lot improvements is hereby approved, subject to the following conditions, as shown on the landscape plan dated July 26, 1995 and the lighting plan dated -July 26, 1995
1) All lighting shall be installed in accordance with the City Code.
2) Additional landscaping shall be planted as shown on the landscape plan. All plantings shall be maintained in a healthy condition or replaced with the same size of planting.
3) The Lutheran Church of The Redeemer shall continue to satisfy the conditions of the original Special Land Use Permit granted on May 13, 1991
The following joint agreement shall be in compliance:
I) LIGHTING
a) Six (6) 12 ft. Lights shall be added to the west parking area at the ends of existing parking rows (12 ft. height measured from ground to top of the light fixture).
b) Light fixtures shall be Litholia KQS style (or equivalent). Bulbs will be 150W HP sodium bulbs.
c) Four (4) existing fixtures shall be replaced with a light fixture to accommodate 150W HP sodium bubs
d) Two (2) 12 ft. lights in north row shall be on separate circuit and only used or special events that require use of entire parking area (approximately twelve a year). Neighbors shall receive a yearly list of these special events
e) New 12 It. lights shall be on separate timer and set to go off between 9.30 - 10-00 p.m. except special events When practical, lights shall be programmed to not come on when no activities are scheduled
f) Existing four (4) lights shall be set to turn off at 10:30 p.m. Driveway bollard lights shall also be turned oft at 10.30 p.m.
g) Building lights on the east, west and north sides shall be timed to go off at approximately 10:30 p m
h) The Church shall install on. 12 ft high light pole in the southwestern location designated on the lighting plan, and shield said light fixture with either landscaping, a light fixture shield, and/or reduce the fixture wattage.
II) LANDSCAPING
a) No existing trees shall be removed along north, east and west property lines
b) Existing arborvitaes along stockade fence shall remain. If they die, they shall be replaced with trees of comparable size.
c) All new plantings shall be replaced with comparable size and species they die.
d) Five (5) 8 - 10 ft white pines shall be planted at the fence line of the Andrews (235 Chesterfield) and Hubbard (1901 Fairview) properties.
e) Six (6) 8 ft hemlocks shall be planted at the fence line of the Doonan property (168 North Glenhurst).
LUTHERAN CHURCH OF THE REDEEMER
SPECIAL LAND USE PERMIT
1995
WHEREAS, Lutheran Church of the Redeemer applied for and received on May 13, 1991 a Special Land Use Permit for changes to the Church property at 1800 West Maple Road, such application having been filed pursuant to Section 126-477 of the City Code:
WHEREAS, The land for which the Special Land Use Permit is sought is located on the north side of west Maple Road west of Chesterfield Street;
WHEREAS, The land is zoned R-1, Single Family Residential, which permits a Church with a Special Land Use Permit;
WHEREAS, Section 126-477 (8) requires a Special Land Use Permit to be obtained from the Birmingham City Commission prior to such time that any change takes place to the building, or improvements are made on the parcel of land:
WHEREAS. The applicant is requesting an amendment to the Special Land Use Permit to install additional lighting and additional site improvements in conformance with the attached plans;
WHEREAS, The Planning Board reviewed the proposed Special Land Use Permit Amendment on August 9, 1995 and recommended that certain conditions be made a part of the attached site plan and the Special Land Use Permit Amendment be approved;
WHEREAS, The Birmingham City Commission has reviewed the Lutheran Church of the Redeemer application for a Special Land Use Permit Amendment as well as the standards for such review set forth in subparagraphs (1) and (8) of Section 126-477 of the city Code; now, therefore, be it
RESOLVED, That the Birmingham city Commission finds the standards imposed under the City Code have been met and the Lutheran Church of the Redeemer application for a Special Land Use Permit Amendment allowing for the installation of new light fixtures, landscaping and parking lot improvements is hereby approved, subject to the following conditions, as shown on the landscape plan dated July 26, 1995 and the lighting plan dated -July 26, 1995
1) All lighting shall be installed in accordance with the City Code.
2) Additional landscaping shall be planted as shown on the landscape plan. All plantings shall be maintained in a healthy condition or replaced with the same size of planting.
3) The Lutheran Church of The Redeemer shall continue to satisfy the conditions of the original Special Land Use Permit granted on May 13, 1991
The following joint agreement shall be in compliance:
I) LIGHTING
a) Six (6) 12 ft. Lights shall be added to the west parking area at the ends of existing parking rows (12 ft. height measured from ground to top of the light fixture).
b) Light fixtures shall be Litholia KQS style (or equivalent). Bulbs will be 150W HP sodium bulbs.
c) Four (4) existing fixtures shall be replaced with a light fixture to accommodate 150W HP sodium bubs
d) Two (2) 12 ft. lights in north row shall be on separate circuit and only used or special events that require use of entire parking area (approximately twelve a year). Neighbors shall receive a yearly list of these special events
e) New 12 It. lights shall be on separate timer and set to go off between 9.30 - 10-00 p.m. except special events When practical, lights shall be programmed to not come on when no activities are scheduled
f) Existing four (4) lights shall be set to turn off at 10:30 p.m. Driveway bollard lights shall also be turned oft at 10.30 p.m.
g) Building lights on the east, west and north sides shall be timed to go off at approximately 10:30 p m
h) The Church shall install on. 12 ft high light pole in the southwestern location designated on the lighting plan, and shield said light fixture with either landscaping, a light fixture shield, and/or reduce the fixture wattage.
II) LANDSCAPING
a) No existing trees shall be removed along north, east and west property lines
b) Existing arborvitaes along stockade fence shall remain. If they die, they shall be replaced with trees of comparable size.
c) All new plantings shall be replaced with comparable size and species they die.
d) Five (5) 8 - 10 ft white pines shall be planted at the fence line of the Andrews (235 Chesterfield) and Hubbard (1901 Fairview) properties.
e) Six (6) 8 ft hemlocks shall be planted at the fence line of the Doonan property (168 North Glenhurst).
SLUP 1991
CITY OF BIRMINGHAM
LUTHERAN CHURCH OF THE REDEEMER
SPECIAL LAND USE PERMIT
MAY 13, 1991
WHEREAS, Lutheran Church of the Redeemer has applied for a Special Land Use Permit for changes to the Church property at 1800 West Maple Road, such application having been filed pursuant to Section 5.190 of the City code:
WHEREAS, The land for which the Special Land Use Permit is sought is located on the north side of West Maple Road west of Chesterfield Street;
WREREAS, The land is zoned R-1, Single Family Residential, which permits a Church with a Special Land Use Permit;
WHEREAS, Section 5.190 (8) requires a Special Land Use Permit to be obtained from the Birmingham City Commission prior to such time that any change takes place in the building, or improvements are made, on the parcel of land;
WHEREAS. The applicant is requesting to: (1) install a new heating and air conditioning system at the Church. (2) remove the existing dumpster to utilize curbside pick up. (3) provide adjoining site improvements, such as parking lot and building lighting, directional signage, and parking lot barricades. (4) erect a six foot stockade screen fence (to match the existing fence) along the north, east and west property lines subject to approval by the Board of Zoning Appeals:
WHEREAS, The Planning Board review the proposed Special Land Use Permit on February 13 and April 10, 1991 and recommended that certain Conditions be made a part of the attached site plan and the Special Land Use Permit be approved;
WHEREAS, The Birmingham City Commission has reviewed the Lutheran Church of the Redeemer application for a Special Land Use Permit as well as the standards for such review set forth in subparagraphs (1) and (8) of Section 5.190 of the City Code; now, therefore, be it
RESOLVED, That the Birmingham City Commission finds the standards imposed under the City Code have been met and the Lutheran Church of the Redeemer application for a Special Land Use Permit allowing for the installation of a new heating and air conditioning system and additional site improvements is hereby approved, subject to the following conditions:
1) That all lighting be provided according to City code.
2) That the Lutheran Church of the Redeemer seek the necessary variance from the Board of Zoning Appeals to permit the installation of a stockade fence as shown on the plan.
3) That any debris that may accumulate between the cyclone fence and the stockade fence on the north property line be removed.
4) That the trash dumpster be eliminated and the Church utilize curbside collection.
5) That the gymnasium door be converted to emergency exit doors only with an alarm system.
6) That the air conditioners be placed in the courtyard as shown on the plan.
7) That the traffic pattern remain the same and new signage be installed to direct drivers to dim headlights.
8) That the parking lot barricades be placed at the three locations indicated on the site plan.
9) That the Church hold an annual meeting with the neighbors to ensure that the proposals are continued.
BE IT FURTHER RESOLVED, that the Lutheran Church of the Redeemer and its heirs, successors and assigns shall be bound by all ordinances of the City of Birmingham in effect at the time of the issuance of this permit, and as it may subsequently be amended.
LUTHERAN CHURCH OF THE REDEEMER
SPECIAL LAND USE PERMIT
MAY 13, 1991
WHEREAS, Lutheran Church of the Redeemer has applied for a Special Land Use Permit for changes to the Church property at 1800 West Maple Road, such application having been filed pursuant to Section 5.190 of the City code:
WHEREAS, The land for which the Special Land Use Permit is sought is located on the north side of West Maple Road west of Chesterfield Street;
WREREAS, The land is zoned R-1, Single Family Residential, which permits a Church with a Special Land Use Permit;
WHEREAS, Section 5.190 (8) requires a Special Land Use Permit to be obtained from the Birmingham City Commission prior to such time that any change takes place in the building, or improvements are made, on the parcel of land;
WHEREAS. The applicant is requesting to: (1) install a new heating and air conditioning system at the Church. (2) remove the existing dumpster to utilize curbside pick up. (3) provide adjoining site improvements, such as parking lot and building lighting, directional signage, and parking lot barricades. (4) erect a six foot stockade screen fence (to match the existing fence) along the north, east and west property lines subject to approval by the Board of Zoning Appeals:
WHEREAS, The Planning Board review the proposed Special Land Use Permit on February 13 and April 10, 1991 and recommended that certain Conditions be made a part of the attached site plan and the Special Land Use Permit be approved;
WHEREAS, The Birmingham City Commission has reviewed the Lutheran Church of the Redeemer application for a Special Land Use Permit as well as the standards for such review set forth in subparagraphs (1) and (8) of Section 5.190 of the City Code; now, therefore, be it
RESOLVED, That the Birmingham City Commission finds the standards imposed under the City Code have been met and the Lutheran Church of the Redeemer application for a Special Land Use Permit allowing for the installation of a new heating and air conditioning system and additional site improvements is hereby approved, subject to the following conditions:
1) That all lighting be provided according to City code.
2) That the Lutheran Church of the Redeemer seek the necessary variance from the Board of Zoning Appeals to permit the installation of a stockade fence as shown on the plan.
3) That any debris that may accumulate between the cyclone fence and the stockade fence on the north property line be removed.
4) That the trash dumpster be eliminated and the Church utilize curbside collection.
5) That the gymnasium door be converted to emergency exit doors only with an alarm system.
6) That the air conditioners be placed in the courtyard as shown on the plan.
7) That the traffic pattern remain the same and new signage be installed to direct drivers to dim headlights.
8) That the parking lot barricades be placed at the three locations indicated on the site plan.
9) That the Church hold an annual meeting with the neighbors to ensure that the proposals are continued.
BE IT FURTHER RESOLVED, that the Lutheran Church of the Redeemer and its heirs, successors and assigns shall be bound by all ordinances of the City of Birmingham in effect at the time of the issuance of this permit, and as it may subsequently be amended.