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

“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

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.

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).

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.