Zoning Board of Appeals - Regular Meeting

test one, two. Yep.

Well, you know, I'm at least going to do all the preliminary stuff while we wait for the others. So, if you're ready to go, Shelby, I'm ready to go. Excellent. All right. Good evening, everybody. So, this is the November 13th meeting of the city of Kazoo zoning board of appeals. We are a city or volunteer advisory board appointed by the city commission. Um, we're going to take a roll call, but we're we're expecting two other members to arrive a bit later. Uh, so why don't you take the role, Pete, and we'll add them in when they get here.

Brandon Hamburgg. here. Work here. Holder here. Han here. Harington not hearing and Mc Reynolds.

Yeah. Uh I'm going to make a note on that for the moment. Okay. So, uh any changes or announcements to the posted agenda? No changes or announcements. Excellent. Any Let's see. We need to move on to approval of the minutes. Are there any corrections needing to be made from last month? Two two last month's minutes here. I didn't see any. Excellent. Anybody want to move to approve? I move to approve. A second.

Any discussion? Nope. All those in favor, please signify by saying I. I.

Any opposed? No. Those pass and are approved. All right. So, this is the meeting procedure and I'll mention something towards the end that may come in be important here at a certain point. Uh before we open the public hearings tonight, here is how those will all go down. For each of the applications, the secretary or one of us who is not secretary will read the request into the record. Uh the applicant or represented will have will then have 10 minutes to come up and to make their presentation, make whatever remarks they want. You'd step to the podium, state your name. You're probably going to be asked to repeat it and repeat it slowly. Uh and also give your address. And then you have 10 minutes to say whatever it is you need to say. 10 minutes is not a lot of time. So you should probably get to your main points and work from there. Uh after that uh public comment will follow. Same procedure will be done. Come to the podium, say your name, say your address, except you have three minutes. If 10 minutes is not a lot, 3 minutes is even less. And we're going to be somewhat difficult on make and when I say difficult, we're going to make you stick to the three minutes. So make your points and make sure you get to the main ones. Uh from there we'll be calling comments. Uh callers may dial 888- 3829556. During the that period your remarks will not be recorded. They will be live. Uh at that point the public hearing will close and the board will state and vote on a finding of fact. This vote is not a decision on the request. It is only on the finding of fact. uh itself. The board may then ask questions and deliberate over the finding effect asking it of the speakers of staff. I suppose any of the the community members

who spoke may also have questions asked of them. Uh at that point there will be a motion to approve. Usually it's a motion to approve the request at which there would be uh a roll call vote, discussion, that sort of thing. You'll kind of see how it works. Um, we are normally a board of six members and you need four affirmant vote affirmative votes for any request to be approved. There are only four of us sitting here though and some of you may prefer to wait out until there is a fifth andor sixth member here in case you think you're going to have a problem. I

I have heard from one of the members and she is on her way. Okay. So, that would bring us to five. Well, that's probably Miss Harrington. Um, that would bring us to five again because you need four for approval. Nobody's going to nobody's going to bat an eye if you prefer to wait till the next hearing if there are only five of us. Uh, so I'm hoping Miss Harrington appears real quickly. Why don't we have hers read in have the first I guess I should take that back. Why don't we take a moment and figure out who's going to go first

because I'm not sure which one of these are going to get any push back from any of us because we haven't discussed it yet obviously. Let me let me just make a quick phone call. Yep. Okay.

So everybody sit tight. What's that? We're going to the Czech Republic in Germany. Sweet. So, it's good that from one in one perspective.

Yeah. Yeah. Paid and the TSA and everything. Yeah.

So that our flights don't get cancelled. Uh we've never been there. We've been here. We enjoy going there. So we try to go to some place in when we're over where are we like go go go go go go go go go. So we tend to go to like one or two or three countries at a time and Europe it's really easy. So we'll go to one place and fly into one place and fly out another but we've been to German before. So it's you got to add in another country somewhere.

Yeah. My kids are all My son is my youngest is 25. I am I just turned 50. You did? I did. Good job. Thank you. I thought you were younger than me. So, no like

kids are old. My daughter is like lives in Louisville. She'll be down there to see her next week. Okay. Well, should we can take the last thing on the camera? That's just about a time. Yeah. Oh, yeah. Yeah. Let's get that one.

Yeah. That's good. Nobody likes to run in brush. She that way she can get here. Yeah. And it moves us

closer to night time. No, I don't I'm not sure if I'll ever really And my son's got to find a girl. So, still lives at home. That's okay. They're not supposed to until they're 25.

Well, it's kind of stuck in the spot because he got his degree and then they cut all the government jobs. So, all those state level jobs are all full. It's just kind of in the waiting for something to happen or go back to school. What's his degree? Geology. city.

I think there's like two geology staff jobs. Two. Yeah, they're full. Yeah, he's got to figure something out. He's got time. I didn't graduate law school. Yes.

This isn't like No, there is no public hearing. It's just feels just cause for time extension, then we have the time extension.

Excellent. Thank you. Okay. So, while we wait for another member to to arrive perhaps in about 10 minutes, we're going to take the one that doesn't actually we're going to take them out of order and go to what is number E on the agenda, which is the ZBA number 25 1121 regarding 1421 North Pitcher Street, where Graphic Packaging International is requesting a six-month extension for the two building setback variances granted by the zoning board of appeals December 12th, 2024. The extension would give them until Jan June 11th, 2026. Okay. So, they're literally right on the edge of expiring. Okay. Um, so what's the what's the procedure on giving them additional time, Pete? And the the procedure is it's it's laid out within the staff report, but uh but essentially if there is if the board finds there's just cause for a uh six-month extension, then the board can vote to approve a six-month extension. The last I did look up the last one of these we did. It was in 2021. It was for the River Catis apartment complex development on Gull Road. at Gaul and um Harrison there. And uh that was another one that got got hung up before it got in, you know, between variances and going into site plan review. U and the board did approve a six-month extension for those variances related to that project.

Okay. Do they come in front of us to explain? Yes. Okay. Yes, they did. Yep. They they were they provided a written statement of explanation. They came before the board and then verbally talked through it and um and then the the board discussed it and voted on the time extension. Okay. So, does graphic packaging have somebody who was coming up to speak? Yep.

Excellent. Come on up, gentlemen. Good evening. Good evening. Can you guys hear me? Okay. Yes.

Uh my name is John Patterson. So I am uh the project manager for the uh automated warehouse project for graphic packaging. I work for our corporate engineering department. So I'm you see on my address. I'm I'm out of South Carolina. So I'm here to uh chat with you about what's going on in our company. Uh give just a couple couple brief uh explanation of why we're asking for the extension. Uh as you guys know when we presented for the variances we're in the process of designing automated warehouse project which will reside on that uh uh 1421 butcher street. Uh since that project we are actually uh we're actually in a lot of uh got a lot of projects going on graphic packaging. We're in a we actually just started up a brand new uh green field paper mill in Texas. Uh started up about 3 weeks ago. Completing that project, finishing that one up. We also are building another automated warehouse. So we purchased two, one in Texas in our Texas plant and also the the the facility that we're going to build here in our Kalamazoo plant. Uh we've also had a surprise. So we had a regulation uh change in our min paperboard facility where we're having to uh install a waste treatment system that was not in our capital plans and it's about a $90 million project and we have a deadline to get it complete. Uh so because of all that uh we obviously we have shareholders. We have a capital plan and with the tariff pressures uh for some of our equipment which is coming from overseas uh cost of finishing up this paperboard facility we uh had to make some decisions around some of the optional items in our capital portfolio. One of which is the RW projects. The the environmental project in min is not uh adjustable. It's got a dead targeted deadline uh with the state of Georgia and so at that point we have to make

some hard decisions about where are we going to move our capital spending and the only project that's not in construction is the Kalamazoo ARW project. So where we are currently in our process we are continuing engineering. We're actually we were here this week to do uh design review. We're at a 65% design engineering review. So, we're we're well along the way. Our intention is to submit for site plan review end of first quarter of uh next year and we uh we were planning to actually submit for site plan review this quarter. We're at that point. We've got enough information to do that, but we're going to actually continue to develop that engineering, have everything finalized. We'll actually submit pretty much what's final plans for the project in the first quarter. Uh so there won't be too many changes other than what might be requested of us and uh we will actually be working through that site plan review in the first quarter second quarter of next year with you folks and then we begin construction uh site civil construction will begin in the spring of 2027. Not going to start digging in the dirt till it gets a little bit warmer. Not going to start in the winter time. So significant amount of uh civil work and piling work for the obviously heavy warehouse. So we'll start in the spring and do that and then we will begin that constru construction project and run it to completion. That's our current plans.

Excellent. Did you say you were going to submit your site plan review first or second quarter of next year? Yes. Yep. And then that's got to be approved before you start your correct construction. Yes, we'll actually start in the spring of 27 is our current starting point. 6 months going to be enough.

So I was going to say that was my question. Is this 6 months enough? So maybe Pete can talk about that. What's the timing on all of that? Is 6 months enough, do you think? Well, actually we we spoke briefly before the meeting and and yes, you know, as long as the the site plan uh review process is started by graphic packaging before that sixmonth uh deadline hits um you know, then they're then they're set to move forward on once they enter site plan review that activates that shows that actions been taken on the variance that the project is now moved to the next um review and approval step. So, yeah, it's it's very feasible for them to, you know, to get get things wrapped up and get into site plan review within this six-month window.

It's not a shovel in the ground that's going to trigger that. It's the site plan review. Okay. Correct. So, I don't know if that was your thought, Gary, but that was my thought. Is that going to be enough to put a shovel in the ground? Excellent. Anybody else have any other questions? Do we just take a roll call vote on or do we need a motion to approve that?

It it should be a uh yeah, we should put a motion on the table to approve this and that is in the the recommendations in the staff report. There is no real staff comments for for a time extension. It's just a matter of the applicant uh presenting the facts to the board and the board rendering a decision. So, somebody make a [clears throat] motion. Go for it.

I make a motion to approve um the ZBA25-1121 property at 1421 North Pitcher Street. Um, Graphic Packaging International is requesting a six months extension for the two building setback variances granted by the zoning board of appeals on December 12th of 2024. This extension will make the variances valid until June 11th of 2026. I second that. Excellent. Do we need a roll call vote on that? Probably. Yes. Vanden Hamburgg. Yes. Work. Yes. Holler. Yes. Han.

Yes. There you go. Approved for nothing. Thank you very much. Congratulations. Have a good evening. Yes. Thank you for making the trip up here. You're welcome. Thank you very much for having us.

All right. Now we'll Now we'll maybe put a pin in things to await another member. Don't kill. Texas.

[clears throat] to eat at friendly parking in the front of your office because it was pretty busy. Yeah. Just park right here.

Nice busy place. my oldest daughter and you know they don't last and I made the mistake second or third time we went through just like oh my god I gave my wife a straw One of those pretty I went to that door and just to sit down.

All right, we now are five. [snorts] Uh, we did the last one already on the agenda. So, we are on to number one. So, if you'd read the application. Sure. All righty. All right. Forgive me. Forgive me. I had some car trouble. All righty. We're on this one. Yep. Thank you. Okay. An application for variance for provisions of the zoning ordinance has been filed with the zoning board.

Is it? Hello. Sorry. [gasps] Forgive me everyone. Hello. All righty. Um, an application for the variance for a variance for provisions of the zoning ordinance has been filed with the zoning board of appeals by ZBA number 25-11-1850 at 850 East Cresttown Parkway um which is CM CW Holdings LLC Alliance Metal Recycling is requesting a dimensional variance from appendix A chapter 4.2Y 2 Y number one for recycling facilities um to be located on a parcel totaling 87 acres where this type of use is required to have a minimum of 2 acres of land. Um we have two public responses received and that's a little bit premature yet. Um all righty please note that this request will not change the zoning classification of the properties. Um thank you. That's all. All righty.

Excellent. If the representative from CMCW Holdings wants to come forward, sign in, state your name and address, and please present your request. Okay.

Here is running out of ink. But I will tell you that my name is Chance Woods and thank you for this opportunity to speak for Alliance Metal Recycling. Repeat.

Uh, this is actually a similar request to what you heard a couple of months ago and it hinges on the fact that there's a rather large category for uh salvage yards, recycling facilities, scrapyards that takes into consideration some of the more intensive work that some of those places do like shredding metal, torching things, melting things. um a lot of out outside storage, a lot of big heavy equipment. We don't do any of that. Uh I think Mr. Aldridge did a really nice tidy job of summarizing it in the staff report. Um we have a very very simple business model. We basically just acquire recyclable materials. We sort it into categories. We repackage it into larger lots for sale to a buyer and we ship it out. So we don't do any heavy duty processing. Additionally, we do it all inside the building. So, that kind of sets us apart from needing the 2acre minimum requirement. Um, additionally, we've been in business in Kalamazoo since 2019. And up until this move, we have been operating out of a much smaller facility. So, this is a big improvement for us as a business. Um, that location was less than half of the interior square footage that we currently will be having. uh it was roughly I would say a tenth of the outdoor space. So while we were able to operate successfully in that space, this is going to be a lot more breathing room, a lot more growing room. Um it's also a big step up for the building. So previously this building was an aluminum foundry. They were melting aluminum and pouring it into cast to make new products. We won't be doing anything that intensive there. Um and so that's a pretty good summation. I know it's been very brief, but if you have any questions about what we do or how we do it, be happy to take them

perhaps in a bit. Brief is good, though. Thank you. I appreciate it. Uh, did you need her name repeated? Anybody? Chance. Excellent. Thank you. Interrupt you from that. Why don't we announce that we're going to bring our alternative up Jack Rib? Sounds great. So, we're going to add We do have our alternate in the audience and he was going to come up and join us because uh we're not sure if Mr. McReynolds is going to join us tonight. Jack, come on up. Come on down. And obviously, uh the secretary has appeared. Yeah. Um you want me to move? No, no, you're fine.

Thank you. All right. Um once he gets up here, Pete may make some staff comments. Thanks, Shelby. No worries. Hey, how you? Good. Good. Yeah, [laughter] thank you for coming because

All right, now that we're resituated, uh Pete, did you have did staff have any comments on this request? Yes, staff does have a few comments. My apologies for the running around here, but

we've been able to uh fill all our seats because our alternate uh Mr. Jack Urban happened to be showing up just to watch the meeting tonight in person. So, we've now brought him up to sit with the board uh which which the board chair can do. Um this particular request, um as it was mentioned, it is less than the the 2acre allowance. Um what what I really wanted to bring up was the the way the ordinance is worded. So the ordinance is very protective when it comes to certain types of land uses and that's where the fencing of the facility and this 2acre minimum comes into play. And the way that category is worded, it's it covers scrap and salvage operations, storage of inoperable vehicles, re and recycling facilities, and wrecking and towing services. So that group of use uses all have to have a minimum of 2 acres of land area and be be fenced. Now, most of those uses mentioned you would assume involve a lot of outdoor storage um specifically for inoperable vehicles in many cases. And that's not the circumstances with Alliance Metal Recycling. Uh the last location where Alliance Metal Recycling was was leased uh warehouse space on Palmer Avenue and everything was completely within the building there. and it was a much smaller site, much smaller building. Um,

and now this new site offers a lot more space within the building to um to keep everything. So, that's where staff what staff leaned on as far as uh going through the review criteria um that it really did not have any adverse impacts on the surrounding property owners. um it that it fit with the character of the area and the M2 zone district and wanted to get back to the so so staff you know is supportive of this request because we feel it it doesn't um doesn't fit the stereotypical use identified in the ordinance where these additional development standards come into play. Um, however, uh, we would like the board to place a condition on the approval if they go down that road that all the sorting of recyclable materials occurs within the building.

Thank you. Um, before we turn it to the public comments, what was the address on Palmer? 2015. 2015 Palmer Avenue.

Excellent. Thank you. Um, you could probably go ahead and have a seat because somebody may come up and speak in favor of it. Somebody might speak against. I will now open it to the public hearing. Those in fe in in favor of the request may come up and speak. You have three minutes to do so at the microphone. Going once, going twice. Oh, I know where that is. Okay. There's like a auto body. Sorry, I can say that later. There's like an auto body shop in that area, too. I know where it is. Um, excellent. Nobody is speaking in favor. Anybody wish to come forward and speak in opposition? Once, twice, no. Uh, are there any call-in comments?

And I'm checking for the call-in comments right now. And we have no calls in the queue for this request. So, no call-in comments tonight. Excellent. Seeing no other comments, I close the public hearing portion. Uh, do we want to have any discussion or ask any questions of the applicant before we move to the finding effect? I have some questions. Excellent. Of the applicant or of Mr. Eldridge? possibly both.

Okay, [laughter] now you may come back up. Okay, go ahead, Beth.

I'm not sure who who can best answer this, but maybe if Mr. Aldards and then Miss Woods, if you could speak a little bit. Um, you know, I think this is great. It all makes sense. I understand. You know, I'm on board with the whole special needs of this and the opportunity to have all items inside. Um, what concerns me is the fact that you're supposed to have two acres, now we're going down to one. Um, the noise. I like that it that there's going to be a clause that because it's non stereotypical usage and um, you know, that's great. What about the the the sorting, the noise involved? I mean, you're not going to be compressing and and melting of melting of the aluminum and crushing and things like that.

That's correct. We don't do that.

So, it's not going to be You might be more familiar with the larger yards like Kalamazoo Metal Recycling, you know, where you have a great big shredder and they dump cars in it. We're not doing that kind of thing. Um, we essentially we have a large warehouse that's full of individual bins. You know, if you're familiar with like the size of a Gaylord or an IBC tote. Um, and so you'll have this bin has alternators in it. This bin has starters in it. This bin has copper in it. Um, but we're not actually taking an alternator off of a car. We're getting those uh we get our materials two primary ways. We go to uh accounts and service them. So like auto repair shops, uh larger mechanical contractors, you know, plumbers, electricians, and we do pickups there and take it back to our warehouse and sort it. We also have accounts that will bring material to us. Um, and those are just also again mostly trades people, uh, mechanics, electricians, plumbers. You also are available for community members to come in who maybe are doing home renovations and have some wire that they've got or they're cleaning out their garages or repairing their own cars. U, but no, the the noise would just be essentially moving things from one bin to another or loading them onto a truck. Thank you for the clarification. That's great. Okay.

I'm assuming 2015 Palmer has got different zoning than which is why we're getting a request for a variance here as opposed to over there. Th this um that would be in the M2 zoning also the general manufacturing. The reason that there is there was not a variance at the Palmer location is because it is a large site um with multiple tenants in this warehouse building. I don't honestly I don't know off hand if it's two acres. It is a massive it it's got a lot of building and dirt. Is it Dura Metallic whatever the name of that company is now? Surf

Flowserve Flowserve across the street. Mhm. So yeah. So the only other thing I wanted to mention the difference between that other request the uh flowers uh automotive recycling is that that was there was a use variance involved with that case because that was the M1 district and this is the M2 district. So this is this is not the light manufacturing. This is this this particular property is already in the general manufacturing the the heavier manufacturing zone district M2. So we are simply talking about this this uh this acreage minimum

for that district or is it b um can you help me understand?

Yes. Yes. Yeah. We're talk we're talking about just the acreage minimum for certain types of land uses that are are are typically um you know it's the right term typically involve outdoor storage typically involve inoperable vehicles in most cases or automotive parts storage that in many cases is outdoors and I was I was you know that's why I was reading the uh that that uh definition of what falls into this category requiring these additional requirements of fencing of the facility and the 2acre minimum

and for the zone for the zone not for the business

the zone if you do this type of business in this zone it has to have two acres. No, no, no, no. So, so those so these types of businesses have two additional development standards they have to meet and you know and and the the one the one is is the the two acre minimum and then the fencing around it. If you're asking where are you know recycling facilities allowed to be located, it is the it is the M2 zone district. So that's that's why last time for flowers automotive recycling they had to overcome that hurdle of the the use variance first. Um is that that clarify it a little bit better?

I think so. Excellent. Any other questions before finding effect? Mr. Aldridge, I would just just for the sake of clarity in the notes, what I what I hear you saying is that the the [snorts] um let's see Alliance Metal Recycling, they are already in an M2 for the heavy industrial, correct? Yeah, they're Yeah. Okay. Yeah. They they are a permitted use in the M2 zone district. Okay. We are just talking about development standards that apply to this particular type of use. So she's saying they don't need that much space,

right? But but yeah, that's Yes. Because of the the the way they're recycling operation. Yeah, that that's what I'm asking. Yeah, that's what I was asking. Yeah. Okay. Excellent. Okay. Sounds like you need to make a motion on the finding effect then. Okay. Excuse me. Oh, yeah. You can go and have a seat again. Thank you very much. Thank you.

Okay. I move that the finding of facts for 850 East Cross Town Parkway shall include all information included in the notice of public hearing dated October 29th, 2025 and the agenda packet staff provided for this request. 13 notices of public hearing were sent and two responses were received as follows. Ronald Weisser, owner of 833 East Cross Town Parkway, provided a letter opposing the request. Kevin Howard or Lewis C. Howard Incorporated, owner of 844 East Cross Town Parkway, provided an email of support. A public hearing was held before the board and public comments were accepted. Um, and below is um the overview. All right. Um, CMCW Holdings, um, on behalf of Alliance Metal Recycling, um, Representative Miss Chancewood spoke about the organization, uh, the facility. Um, essentially what they do is they acquire materials um that are that are no use for recycling such as trucks, metal parts from um remodels, housing, things like that. Um they are requesting a smaller space because they this new operation doesn't need to have a full 2 acres. It's not going to be the traditional scrap yard with acres and acres of broken down metal trucks and parts and things like that. Um what's

kind of tricky with this according to staff and it it all makes sense. they they could they they meet the requirement or they could have less than 2 acres. It's very viable for them because their scrap salvage is going to be much smaller and everything that they have is going to be inside. The items that come to them are going to already be broken down. So, you're going to have people coming in with parts and pieces um of I guess copper, metal, things like that. It's not going to be broken down trucks that they have to take into a crushing machine and pack everything down. they are going to be receiving parts and pieces or they're going to send their trucks out to their customers, pick things up, bring them in inside, and then put them in bins. So, it's not going to be giant, you know, semis and forklifts and the smashing and the crushing and the the um melting of metals. Um staff also recommends that um that if the variance is approved um that all sorting must incur within the building. There can't be any sorting outside. Um zero people spoke in favor, zero spoke in opposition of the request and there were zero um callins. And just as a friendly reminder, as an as an FYI, that this um property is already in the M2 um designation that it it's already in a heavier industrial usage area.

I support the finding effect. Excellent. [clears throat] Do we need any discussion? I I do have a question for Pete that's more just curiosity cuz she mentioned this used to be an aluminum foundry. Would that be an allowable use now under the zoning in an M2? Yes, it would be in the M2. Is there like a space requirement on a aluminum foundry

that you know can think of? Well, the the the M2 zone district has perimeter setbacks of 25 ft. So, it's intended for uh more intensive industrial uses and manufacturing uses. And so, there's a like essentially a a built-in buffer with the uh 25 ft. But but but yes yes yes this would be the zone district where you would such a use. But that wouldn't would that have to h that wouldn't have to have a two two acre requirement or anything on its property size would it? No. No it would not.

That seems kind of odd that a recycling plant or recycling facility like this would require more space than an aluminum foundry. Anyway, that's not going to affect my request at all. It was just curiosity that she mentioned it. [laughter] Uh, don't be stressing Peter. No, I'm not. [clears throat]

It's good for him. It's good for everybody, right? Um, no, like for I I like the use and I think it's a perfect example of why you uh um grant variances in the first place. I agree with the staff report and obviously for consistency sake, we approved this kind of a variance two months ago on a similar spot. I think right in that general area. Uh so for consistency sake I have to support it. Anybody going to vote no? No. No. Or anybody want to speak against it? Sounds like we're ready to just take a vote. Mr. Chair. Yes, sir.

Just procedurally, did we do a post vote on the finding of facts? Oh, did we not? Uh yeah, we get You're right. Just jump right to the end. Okay. You just don't like knowing that he was dead all along, do you? I didn't stress this whole point. [laughter] Um, all right. Let's take a vote on the finding effect. We got a We got the motion. We got a second. All those in favor of adopting that finding effect. Please signify by saying I I opposed. None. So that carries. Somebody please make a motion to approve the request. I make a motion to approve the request. Is there a second? Second. Everybody seconded. Mr. Chair.

Yes, sir. Are we going to consider the condition the staff has put forth? I'm assuming the request Oh, sorry. You're right. We do have to we do have to add conditions separately. And I know that means we've got to condition. Well, I think you can make a motion to approve the request with the conditions stated by staff or recommended by staff. I'm going to let Charlie chime in here because I think we have to make

Yeah. Uh the movement can amend that and add it or approve that of that amendment and then it will be a motion to approve the request with the condition. So then the simplest thing is Beth just amends her request to include the conditions. One of the seconds just accepts the change and then we move on. Perfect.

All right. I make a motion to approve the dimensional variance from appendix A for the recycling facilities to be located on a parcel totaling. 87 acres where this type of use is required to have a minimum of 2 acres provided the condition that all of the sorting must occur inside the building. Do one of the seconds want to accept that? Thank you. Jack has seconded the request. I second that.

Now I've already said what I needed to say. Did anybody else want to say anything else at that point? Fantastic. Then Pete, I think this is where you got to take a roll call vote. Correct. And we'll start, excuse [clears throat] me, we'll start on this end of the dis with Han. Yes. Urban, yes. Harington, yes. Holer, yes. War, yes. Vanden Hamburg, yes.

Excellent. That request is approved. 620. Thank you very much. Uh to the CCW, CMCW folks. All right, moving on to number two on the agenda. Uh if you want to read that request,

you got it. All righty. An application for a variance for provisions of the zoning ordinance has been filed with the zoning board of appeals by um ZBA number 2511-9 at 10:15 and 1021 East Michigan Avenue and 502 and 524 Riverview Drive and 1014, 1018 and 1024 Sherwood Avenue, Indian Trails, Inc. The applicant is Indian Trails, Inc. and they are requesting the following variances. Number one, a use variance from chapter 5050-44.412H to authorize the expansion of the Indian Trails facility and bus storage into the west half of the property at 524 Riverview Drive, where oversized vehicle related businesses are not permitted. Number two, a dimensional variance from chapter 50 50-8.5A 3A to authorize installation of a new chain link, excuse me, chain link fence along the property frontages of Riverview Drive and Sherwood Avenue where chain link fence fences in the front yard is prohibited in all zone districts. Number three, a dimensional variance from chapter 50 50-8.5 C1A to authorize installation of 10 of a 10- foot tall chain length fence along the property frontages of Review Drive and Sherwood Avenue where only sixoot fencing is permitted in the front yard areas. Please note that this request will not change the zoning classification of the properties.

Excellent. Uh, whoever is the applicant, please come forward, sign in, state your name, Indian Trails, Inc. and present your request. Anybody for Indian Trails? There we go. 10 minutes. Appreciate seeing every

We can't hear you. Oh, I'm sorry. Yeah, she's got us. There you go. Now we could hear you. There you go. Sorry. [laughter] Just that uh watching you all, you know, the the civic board, you know, on their feet uh and acting proactively to get the the meeting going this evening was was nice to see. So, thank you. You said we were entertaining. [laughter] Well, maybe a little, but yeah, I mean, it was great to see, right? Like, you know, we didn't just shut it down, right? Excellent. So, that was great.

Uh, and appreciate it. Uh, my name is Carl Ryder with Noak and Fra. I'm here with Mr. Chad Kushman, president of Indian Trails to represent Indian Trails. on this request. Um we have reviewed the staff report and as items request number one and two go uh briefly on number one uh in 2015 we did a project with Indian Trails where we did an expansion to their facility. Uh I think is everybody aware the property that we're talking about is reviewed. Um at that time there was that the retail um I guess retail structure on the corner of Sherwood and Riverview Drive that was not included uh in the variance requests uh at that time of the several parcels that make up the Indian Trails facility. So it was excluded at that time. Uh we find now that actually half of 524 Riverview [snorts] is within the fenced area. Uh but 524 was excluded from the previous uh approvals. Um I think um just to kind of bring that whole property right into some sort of inclusion uh is the appropriate thing to do and and discussing this with planning staff. Uh further action may be to combine these parcels into one parcel so that we have a little bit uh easier time moving forward. Um so that's just [clears throat] kind of the quick

background. Appreciate staff's um support on item two. Um item three in reading the staff report uh may or may not be supported by staff at this point and the the dimensional variance to the 10-ft hike. Hopefully everybody can see the documentation that we provided that there is an existing 10-ft fence now that bisects 524. There is an existing 10-ft fence that encompasses the whole entire um Indian Trails property in its entirety. I'm going to let Mr. Kushman come up and speak to the importance of the security of that facility. Good evening. I'm Chad Kushman. I'm the president at Indian Trails. So, if you're not familiar with Indian Trails, uh we're a family-owned company and we operate from multiple locations throughout Michigan. We have the Kalamazoo location. Then we're also based in AASO, Michigan. And then we also have a facility in Romulus right near Detroit Metro Airport. In all instances, all of our facilities include 10-ft fencing around the perimeter. Contractually, and a lot of people are familiar with our business as a scheduled service operator, similar to what Greyhound does. We operate out of the downtown Kalazoo facility as an example. What a lot of people don't know is that we're also a charter operator and we maintain contracts with many different types of customers and many of them are professional sports teams. NFL teams, Major League Baseball, NBA teams. Part of the requirement for contracting with those teams is buses have to be secured at all times even when they are parked overnight.

[gasps]

The reason we got those contracts is because a after touring our facilities, they know that we have lighting, exterior lighting. We have security cameras at all locations, and we have the security fencing with gates that only people with employee badges or passes can get through. Right now, the Kalamazoo facility has a 10-ft fence all the way across Riverview up to the 524 property. On Sherwood, it has the 10-ft fence all the way up to that corner of the 524 Riverview property. So, it would really defeat the purpose of what we're trying to do by only allowing us to have the 6-ft fence along that particular property if you were to follow the staff's recommendation. For us, that one variance is the most important of the three. Without that, we probably wouldn't proceed with this entire project other than the demolition of the building because we currently do have a 10-ft fence behind the 524 Riverview building that runs uh east, west, and then north south. So really, as you look at the plan, all we're trying to do is just bring that fence, extend it up to the property frontage, and of course secure that entire corner. And in doing so, obviously, we're adding a lot of beautifification, some additional pvious space that we didn't have previously. There's a lot of other benefits of allowing us to do that, but we can't do any of it if we can't maintain the security of the facility. Excellent.

And with that, I'll also write my name on here so you guys have it. Thank you very much. All right. Are there any staff comments on the request? Yes, just a few staff comments related to this request. And I'll I'll speak to the use variance first. Um you know you know and the one thing I wasn't able to ascertain is exactly how long Indian trails has been located at this site. Does that is

it it goes back to the 70s. I believe it was 1974 or 1975 when our company acquired the property. Well before my time. I've been there for 26 years but I know it was well before my time.

Okay. Okay. I I you know I knew there had been a number of of upgrades and improvements over the years and properties added to the operation. Um but I I could not figure out like you know how far back does this really go? So that that explains it. Okay. So and if I can add so we're 15year-old family-owned company. were third generation and in 2025 this year uh we were voted number one best bus service by USA Today comparing to all bus companies in the entire country including Greyhound and Flicks bus and Mega Bus. So we're pretty proud of that.

Great. Great.

Well, yeah. So, thank you. Thank you for adding that uh filling that historic gap in for me. So, yeah. Yeah. So we we just talking about the use variance that the the thousand square foot building was mentioned on the corner. Um Metro PCS I believe was the last tenant that was in the building. Um so this this uh use variance is related to removing the building and allowing this use that works with oversized vehicles to expand into that footprint of the corner. Um, and what will be in the footprint of the corner will be additional bus parking spaces, a total of four, along with a substantial amount of green space being added with tree and shrub plantings. Um, and that was uh part of the reason why uh staff was lending support for the use variance was because of the the pre-existing nature of the facility, the prior approval that had been given in 2014 for the the last expansion that was done um on the the the bus repair building and um and then some you know I guess I guess a larger apron was put in for better traffic circulation and more parking then. So, so this is, you know, this is just a this is a small um expansion of the site. It just happens to be a very visible corner. Um, as was mentioned though, there is 10-ft chain link fence directly behind the building that's being removed. And that ch 10-ft chain link fence then runs north to the 10-ft chain link fence along Sherwood and extends the other direction connecting to the 10-ft chain link fence

that runs down Riverview. So um you know so this this would be you know removing the building adding the green space and parking spaces and then erecting the fencing along the the frontage. And I and I don't know if it looks like the fence is set back a little bit from the property line or is it right on the property line? That's not super gerineain to the discussion tonight, but it it varies 7 to 9 in behind the sidewalk.

Okay. Behind the Yeah, it looked like it was set back a little bit from the sidewalk, which is which is always nice to see. Um so, you know, so staff is supportive supportive of the use variance. staff understands the character of the security fencing and the fact that chain link already wraps the facility. Um, but there's been no instance in the past where staff has ever supported putting 10-ft chain link fence in a in a front setback like this. So, you know, but I do I I do understand the unique nature of this operation. I understand these buses are stored outside, which also might be another reason for the the taller fencing. But, um, you know, that's that's just where after doing the staff review, that's where staff landed. And other than that, I don't have any additional comments.

Thank you. I'll know I'll know I will now open the public hearing if there's anybody in the room who wants to come forward and speak in favor of the request or request they may. None. Uh anybody wish to come up and speak in opposition? None. Pete's going to go see if there are call-in comments in [snorts] a moment. Wire wire fence there. Okay.

Okay. And we're checking for any call-in comments at this time. There are no callers in the queue. So, we have no call-in comments related to this request. Excellent. That being the case, I close the public hearing. I need to not get too far ahead of myself on the finding effect. Do we have any need for additional discussion before we get to the fi to help us to make the finding effect? Any questions? No. Excellent. I think

although you're looking like you might. No. Yeah. Actually, I do. Go for it.

Um because I'm just not feeling so good about this. Um Mouch, I just want to make sure I understand where they're going with this, wanting to shore things up and having some continuity. I'm I'm looking for clarity just to make sure that my understanding is correct. Um, so they they're not supposed to have chain link fence, period. And then now we're looking to have um 10- foot high chain leak fence in the front yard. I was going to ask about So you're not the only one.

Okay. So because when I vote I want to make sure I'm being fair and I'm understanding it. But where my confusion comes in is it sounds like, you know, this west half of the pro, like some parts of the property already have the fencing, but yet we're our ordinance says they're not supposed to. Yes. I'm I'm I'm confused. So, so a lot of this and that it goes back to the his the history of this site and the age of the um operation here. Uh you know, before we had limitations on chain link fencing in the front yard, Indian Trails had 10-ft fencing along the front edge of their property.

Okay. So it it you know so it it was a a pre-existing situation. I believe some of it was replaced or it was slightly expanded in 2014 when that variance was approved, but a lot of it goes back a whole lot further than that. And you know the the chain link is on the Michigan Avenue frontage, the Riverview Drive frontage and the Sherwood Avenue frontage. So, right,

you know, they, you know, they have run that around the site. And that was where when staff was looking at this, you know, to require what would be now appropriate for a front yard fence, which would be a decorative metal, a vinyl, a wood fence. It actually would look out of character to to fill in this just this corner of this facility, right? You know, with a different type of fencing material,

if that makes sense. It does. Yeah. So, that's why Yeah. That's that's why we, you know, we're we're we're saying, okay, we understand why chain link chain link fencing is the, you know, it's needed that the that the the chosen fence material here, but that's all that the professional sports team needs for safety is the chain link fence.

No, it goes well beyond that. Um, it's in addition the security lighting, the security cameras, the security systems that are on the motor coaches, not to get too detailed, but they're all equipped with what what are called electronic logging device systems that monitor the coaches at all time if somebody tries to open a door. We have a 24-hour dispatch system where dispatchers are notified that somebody's trying to break into that bus. So, what aspect of the security detail is the chain leak fence is my question because you said you would scrap it if you guys that's the most important. No, what I what what we said is we would if we weren't able to extend the current 10-ft uh chain link fence

beyond where it is right now. So, right now it sits behind the building that's going to be demoed. So, if we weren't able to put it up on the frontage of the property, we would have to keep what's existing right now, demolish the building, and not do anything else. Is that what you're asking, Beth? That No, I just want No, no, I understand that. I just I was confused about I guess I just be Yeah, I'm all set now. I just before I vote on something, I just want to make sure because it's like, am I understanding this correctly that the fencing is already high? It's already there, but this one section.

Yes. And I could not tell you exactly when it was installed, but I've been with the company for 26 years, and when I started, it was already up, right? So, okay. And and to put it into perspective, too, right now, if you were to look at the entire perimeter of all of the lots, I mean, we're only talking about probably another less than 10% of the entire perimeter of the property that we're looking to add the 10 foot fence. Okay. Thank you. Thank you. All right. Uh let's move on to the finding effect. Who's our finding effect person? That's you. Take it away, Gary.

Floor is yours. I move that the finding effects for 10:15 and 1021 East Michigan Avenue, 502 and 524 River Drive, 1014, 10:18, and 1024 Sherwood Avenue shall include all the information included in the public notice dated October 29th, 2025 and the agenda packet staff provided for this request. 46 notices of public hearing were sent out. There were zero responses. Um public public hearing uh was held before this board. Uh public comments were accepted as additional documents and voice messages as follows. Um there were zero um speaking invader and zero speaking against and there were zero callins um for Indian trails. Uh Mr. Carl Ryder spoke on behalf of uh Indian Trails and um

he had mentioned that the uh the facility opened its doors in Kalamazoo in 1974. Um so whatever there have been a lot of uh previous work done uh whatever

and now they want to combine parcels and turn everything into one property. Uh Mr. Chad Kushman also spoke on behalf of Indian Trails. Um he mentioned that uh all facilities have a 10 ft fence and um that's for security purposes. Uh contracts with uh clients must ensure security because uh there are many sports teams that um contract with Indian Trails. Um [snorts] staff comments. Uh staff supports the the use variance. They like the green space. Uh they like the fact that there were prior approvals on this property and um this is a small expansion scope of things. Um but SA staff does not support the uh the 10-ft fence. However, there is a 10- ft fence already on site and it um it has been grandfathered in and it um it covers the majority of the property and I think um Mr. Kushman said that it um they only need about another 10% to complete the 10-ft fence surrounding the property. And that is the finding effect.

Thank you. Anybody? Thank you, Gary. Nice job. Excellent. Any second on the finding effect? I'll second it. Excellent. Let's take a vote on that before I run off on uh start saying my opinion on things because we have to do this one, I think, in a very dedicated way. Uh all those in favor of uh adopting the finding of fact, please signify by saying I. I.

I. Any opposed? Nay. Uh, so before I ask if we have any motions, I feel like somebody's going to remind me these have to all be voted on individually. [clears throat] So we need three separate motions, three separate seconds, and three separate votes on the specific request. I believe that's correct. So whoever is going to make the motion, and I would ask for that motion, you can make three motions. And whoever is going to second, I guess if you want to second them all, you can. If you're going to second two of them, you can. Or we can do these one at a time. Let's do them one at a time.

Yeah. If I could just comment on that, it would be good to make the motion, second the motion, have the discussion, talk about the justification or lack of justification for that variance, and then vote on it, and then repeat that process with with the next one. because we have the use variance and then we have the two fencing related variances. Fair enough. So, who's going to make the first motion?

I make a motion to accept the use variance request uh for Indian Trails um 10:15 and 1021 East Michigan Avenue and 502 and 524 Riverview Drive. Um 1014 1018 1024 Sherwood Avenue. I've said too many. All right, I'm doing the first one. So which address should I My only my only reason for chiming in is you said you said accept. You make a motion to approve? Make a motion to approve. Okay. Okay. Yep. But I know there's a whole bunch

right addresses. So to approve it, she needs to read number one there and that's what I'm just getting ready to do. Thank you, Mr. Aldridge. Okay.

I make a motion to accept a use variance from chapter I make a motion to approve a use variance. No, I'm on nervous. Okay. I make a motion to approve a use variance from chapter 5050-4.412H 412H to authorize the expansion of the Indian Trails facility and bus storage onto the west half of the property at 524 Riverview Drive where oversized vehicle related businesses are not permitted. I support.

Excellent. So, any discussion needed on this one from anybody? My hearing none jumping to it. Um this variance for this particular how do we know what the size of this particular piece of property is? You said it was about 10% of the overall amount of or is that just the fence? That's that was that was just the fence. Yeah.

Okay. But granting the use variance essentially is going to bring it in line with the use variance the board gave them in 2014. Is that right Pete? Yes. Yes. It would be in line with that the what I had down for for rough calculations for the fence extension which would give you an idea of the dimension of the area of the property being absorbed in with the facility. It was 75 feet along Sherwood Avenue and approximately 95 feet along Riverview Drive. So 75 by 95. Okay. To

give you an idea of the the area. Um so you mentioned in the staff report this spans four different zones. I'm assuming for sure that you couldn't do this. I don't know what the 524 Riverview Drive portion falls under. Could you are you allowed to do the bus storage facility that they're doing that business? Would you be allowed to do it in any of these four zones by right?

No. No. If a if a new facility like this came into the city of Kalamazoo, it would be directed towards the the M1 or the M2 zone district because of, you know, the the outdoor storage nature, you know, or outdoor parking of all the buses and the type of operation with the, you know, the auto automotive repair of heavy equipment going on. So yeah, this yeah it would it would be directed elsewhere in the city but in this case it is grandfathered in and you know and frankly does provide a you know a solid service to the citizens of Kalamazoo

number [clears throat] one in the country. And at some at some point this must have been allowed under the zoning on these propert on one of these parcels. It had to have been allowed at some point without a use variance. Is that correct?

So the property south of this that's closer to the railroad tracks was formerly in U M1 which is the you know limited or late manufacturing zone district. So I would speculate that if we go back, you know, three, four decades, um, the manufacturing zoning probably extended further north down Riverview Drive. Okay. Excellent. Anybody have any other questions you wanted of Pete or anything you want to say on it? Okay, we're good.

No. All right, so I suppose we're ready to take the vote. This needs to be a roll call vote and the vote a yes vote would be to approve the use variance which is number one and we'll start with Vanden Hamburgg yes work yeser yes Harrington yes urban yes han yes

excellent that is approved 6 nothing please somebody make a motion on variance request two. I move uh to approve ZBA number 25-11-9 number two a de uh dimensional variance. Excellent. I second.

Excellent. So, this is about allowing a chain link fence in a front yard where chain link fence is prohibited in the front yard in all districts. Okay. And they're in a weird spot because they've got how many front yards? They've got like three different three front yards because they occupy essentially the whole of that block, right? Well, maybe not the whole of the block, but a that end of it. Okay. I'll be voting in support of this. Thank you. Uh you anybody want to speak about it one way or the other? Me too. If we don't, it's going to be ugly. I think it needs we need to do it. Yeah. It's already there. Ugly if we don't.

You know, it's already there. Yeah. They're good customers. Yeah. Okay. So, that I would agree with. Uh Pete, you want to take a vote or were you adding anything? Did we get a second on this? We did have a second on it. Absolutely. Thank you. Okay, just waiting to see if there was any more comments. We're going to start with down here with Mr. War with Yes. Bowler, yes. Harington, yes. Urban, yes. Han, yes. Brandon Hamburg, yes.

That request is approved. Six to nothing as well. Somebody please make a request. I make a motion to approve a dimensional variance from chapter 5058.5C to authorize installation of a 10-ft tall chain link fence along the property frontages of Riverview Drive and Sherwood Avenue where only 6-ft fencing is permitted in the front yard areas. I support.

Excellent. Pete, I got a question about fencing. Um, is 10-ft fence allowed anywhere? Just in a general spot in the city? Anywhere? The the only situation where you would have fencing allowed above 8 ft would be for uses in the manufacturing zone district. So if it was a scrap and salvage, you know, towing business, they could have up to 12 feet in height.

So there are circumstances in the city where, you know, where 12t fences are permissible. Um I believe that's what Keu metal Recyclers has around their facility. Um you know, well say 12t wall. Um but yes, you said thank you. Um, and I figured that uh you said the what are the allowable front yard? We've already said we've already approved chain link fence in the front yard. You said it was like wood, vinyl, or decorative metal is usually allowed. Yes.

I'm assuming decorative metal is not like the massive steel panels that they put up. That's more like a wall. You're probably when you're talking, you're talking like like a rod ironish kind of fence. Yes. Yeah. Yeah. Like the Yeah. The aluminum fencing, the decorative aluminum fencing that looks like rod iron. Okay. Or rod iron itself. But did those people in the industrial areas is it by right or did they all have to come in and get variances? The 12 foot by right. Okay.

By right. And we did have where else did we allow taller fencing? Um Hatfield and Lake Street. There was a variance for that trucking operation. It has frontage on three streets. It's right next to Juliana's restaurant. Yeah. And that was Oh, is that the one with like the It basically it's like these big metal panels, right? Is that the one? Yeah. But that came in for height variance. Um but that that is in a manufacturing zone. That is definitely not decorative fencing. That is not cute. No, it is not.

So yeah, there are there are some examples out there. There's not many, but there are some examples out there. But we've already figured that they probably have at some point in the past it was allowed and they did it and they're just wanting Okay, I got kind of grandfathered again. Yeah, grandfathered again. Yeah, I support it. Excellent. I have no other questions on it. Did anybody have any discussion they needed to make? No. Thank you. Uh Pete, why don't we move to the vote then? And we'll start with Han for this vote. Yes. Urban, yes. Harington, yes. Yes. War, yes. Vanden Hamburgg,

yes. Thank you. That is approved. Congratulations. Congratulations, gentlemen. Oh goodness. All right. Good work. Yeah. Yes. To look beautiful. Mhm. All right. Let's move on to number four. Four. No, it's number three on our agenda. Sorry. Keep me honest. Here we go. An application for Should I get going? Yes.

All right. An application for a variance for provisions of the zoning ordinance has been filed with the zoning board of appeals by Isaac Agola. ZB number 25-11-20 at 1327 Sherwood Avenue. Mr. Gola is requesting a use variance from chapter 4 section 4.1 to increase this adult foster care group home for from six residents to 10 residents where medium group homes 7 or 7 to 12 residents are not permitted in this residential zone district. Hey, will this change the zoning?

No, [laughter] leave me alone. No, please note that this request will not change the zoning classification of the properties. Thank you. Would [laughter] the applicant or their resident resident uh representative please come up to the microphone and uh speak in favor of the request. Also say your name and make sure and write down your name and address.

Evening commissioners. Good evening. Um

my name is Isaac Kola. uh O G O L A um here to uh talk about the application for Sherwood 1327 Sherwood Avenue. Um we um were notified that the zoning ordinance changed um rest probably in the recent years, but the property was um previously used by another operator for um adult foster care home. [gasps] um with a 10 bed capacity. The facility is actually set up for 10 uh beds right now. And um it has a um three three bathrooms, three full bathrooms uh in in in house. And as adult adult foster care homes, we have full-time living staff who monitor uh who take care of these residents plus an administrator who is uh directly responsible for the safety and u uh the well-being of the residents and reports directly to Lara and the licensing authority for adult homes. Um we with the current uh ordinance of six we uh we believe that we are going to uh operate way below capacity and the abilities um presented by this facility uh based on the previous owner uh operations. Um so and also we know that there's a big shortage for facilities like this in other communities. Um and this is really what the this is the problem we are trying to to solve. Um

um so we reached out to our neighbors. Um I I I I walked to each of my neighbors requesting um asking them if they had any issues with the previous owner uh with the previous operations uh that was having 10 individuals living in there and they didn't have any concerns at all and most of the neighbors have lived in there for 50 years uh 40 years I mean 10 years I think the list has lived in the area for 10 is um and they provided very positive letters of support and they didn't have any reservations and I I attached those letters to my applications. Um also the uh the facility is actually set up with a fire alarm system that is monitored by IRO and the police department. So it's a very we we've made it very conducive for them residents. Um and um I was particularly pleased by the bo board staff for putting together very beautiful uh report uh on this facility and I I I I believe that the current use the proposed use is uh in line with the um with the strategic goal of um the oddness um basing on and I I completely agree with what was written in the uh in the report. Um so for those reasons I uh we are here to request uh a variance on the use of this facility to allow us to give this service to the community. Um and as as as mentioned actually the facility is

in a very with the existence of the facility it it presents a very lively outlook for this neighborhood. Um and uh I think that's what the neighbors want. In fact talking to some of the neighbors u some of them would have been here but because the meeting is very late I think they decided and they were not able to make it here. Um but they they enjoyed the presence of people living in this place um because um they used to hang out at some of them. So when the facility was closed down, it presented, you know, a different atmosphere. Um so by us bringing it back I believe it's going to create um get back this uh neighborhood to to the spirit with which you know a neighborhood should be you know lively and with people um and not feeling abandoned. Uh so it's my humble request that you consider our application.

Excellent. Thank you. Good job. Excellent. Thank you. Uh staff, any any requests that you wish request? Do you have any comments to make with respect to the request?

Yes, staff has a few comments to make and I'll just I'll just touch on um some of the uh findings based on the review criteria. Um the first one is uh as far as the zoning, you know, the the enforcement of the ordinance as written for the RD19 district would not not allow for full use of the facility. Um it is an 8bedroom uh adult foster care home. Um it's set up with bathrooms on all levels. uh kitchen facilities and then of course the fire safety um equipment is in place. But uh that was one thing that uh staff leaned on was the you know was you know the the existing floor plan and what it what it was built out for um as a you know special circumstance um and and also the the history of this. So, from what I could find, this is just happened to be one of those months where I was digging for historical facts on the Indian Trail site and this particular property. So, what I could find was at least, you know, that there was an adult foster care operation there for the last 35 years. And so I looked at the old ordinance trying to make sense of how did this come to be that it's a essentially would fall in the medium adult foster care group home category. And it looks like the way the old ordinance reads that, you know, adult foster care was was permissible. Wasn't specific to small, medium, or large group homes. So, I you know, I I I think

what was going on there was a legal conforming use for many years up until 2023 when the prior owner decided to shut the facility down and let the license expire. And then uh when when when I was contacted about opening it back up for 10 uh individuals, I said, "Well, the ordinance up to six uh but does not allow for a a capacity level of 10." And so yeah, so just to kind of touch base on that history. Um, and this this is a use variance it even though we're talking about a a numerical standard here from six to 10 because those are different cate use categories in the land use table. That's what makes this a use variance because we're going from a a small group home to a mediuml large group home which is the next land use category. So that's that's why it's a use variance and not a dimensional variance. And other than those comments, I also wanted to note because we have had other adult foster care homes before us that have asked to expand the numbers in the past. This particular site um is not buried in a neighborhood like there was one previously in in the Burke Acres neighborhood that was way way down a residential street. This one is across from an apartment complex. It's roughly two blocks two blocks from East Main Street. So, it is very close to a a a main thoroughfare um which were other supporting uh items that uh lent that staff leaned on

looking at the review criteria in order to support this use variance. So, uh, we do not feel it is out of character with the neighborhood and the letters of support which two of those letters are from the immediate neighbors that abut this property and then there are three other letters that were submitted for for residents that live also in close proximity to this site. So, staff is support is supportive of it. Thank you. Excellent. Um, thank you. Thank you. [snorts] We can just probably skip over the the people in the in the room making public comment because there are none

other than the person you brought with you and the person you brought with you. If you want to come. What's that? Then come up and speak on a second. [laughter] So see if there's any calling comments. That's where I'm trying to get to. It'd be a good civic engagement. Come up and speak on all of them. Yeah. She should clip into her college apps. She can mom and we're checking for call-in comments right now. And there is no call-in comments for this request.

Excellent. Seeing no further comments, I close the public hearing before we move on to the finding of fact part. I did want him to I did want to ask the applicant um so it's an adult foster care facility. So what are the general ages that would be in that in that home? Uh it would be anywhere between 18 and 80 years old. Okay. Yeah. Okay. [snorts] So whoever needs support uh we welcome them. I'm assuming some of them may be kids who aged out of regular foster. When I say regular foster care, I mean, yeah, at times we would have such uh that population, too.

Okay.

Yeah. Excellent. Thank you very much. Uh I don't know who's doing the finding effect on this one. Do you want to make a motion on the finding effect? I move that the finding of facts for 1327 Sherwood Avenue shall include all information included in the notice of public hearing dated October 29th, 2025 and the agenda packet staff provided for this request. 48 notices of public hearing were sent and five responses were received which is as follows. Number one, David Coul, owner of 613 Dwight Avenue, in support. Jay Hickner, tenant of 613 Dwight Avenue, apartment 2, in support. Jack Paige, owner of 617 Dwight Avenue, in support. Ramone Wagaman, owner of 620 Dwight Avenue, in support. And Moren M. Bunnis 1319 Sherwood Avenue in support. A public hearing was held before the board. Um there were no public comments and what was brought forward was that um from Mr. Isaac Agala was that the um the current property um was used previously as a 10 bed facility. It has three full baths and is built out um for 10 residents. There are full-time living staff um who are responsible for residents safety and well-being and they are licensed and overseen by the state of Michigan.

Um they want to expand um based on the previous facility's capacity because not doing so is an underutilization of the current um for what the what the building is currently um able to has capacity.

Yeah. Has capacity. Thank you. Um, so and the current variance, th the this building has been in existence for over 35 years as a an adult foster care facility and it was historically legally conforming until the prior owner closed it in 2023. And the current zone um ordinance only allows for up to six residents. So, it's just I mean and the and the um expanding it does not present a disruption to the neighborhood or correct. Thank you. The existing operations. Thank you, Remy. Uh so, [laughter] that concludes my finding of fact.

Nice job. Anybody second? I second it. There you go. Gary's your second. Let's take a vote on that and then we can move to approve the request. Uh all those in favor of accepting that as the specific finding effect, please signify by saying I. I. I. Any opposition? None. Somebody want to make a motion about approving the request? I move to approve uh ZBA number 25-11-20 at 1327 Sherwood Avenue. Excellent. Any second?

I second.

Excellent. Uh thank you. So I mean I'm going to be in support of it. Uh, but I did want to say that uh I think the staff report is pretty right on with every one of these. Often I will take and I know you take issue with them. Everybody takes issue with them from time to time. Uh I take issue with something in them, but I think this one is exactly right and what the criteria that we have to apply is made for this kind of a situation. And I just wanted to highlight in number one where it talks about the literal interpretation enforcement would deprive the applicant for all practical purposes. And somebody might say, well, it's not depriving the applicant of all purposes, they could still put six in there and use it. But given that the facility is intended for 10, that is not a practical use of the facility. And I would say that if we don't approve it, we are depriving them really of the practical purpose that it was made for and which it operated for for 35 years, you said. Uh but all the rest of them are correct and that's why I'll be voting in favor of the request.

Well said. Thank you. Yeah. Anybody else? Excellent. Seems like we're ready to take a roll call vote, Mr. Eldridge. All right. And thank you, Chair Huller, for articulating, you know, the the the practical difficulty.

Oh, it's only because I said you did a good job here. [laughter] No, but yes. No, I I I wanted to highlight that because when we were in that what the meeting yesterday was talking about um deprive what was it? It was like depriving it of all use or its highest use. Well, its highest use isn't necessarily the most economic or whatever. And what I was trying to get at thinking here is that you still have uses, but if its highest use was intended to be as a 10 bed facility, limiting it to six is just silly and it's a waste. That's right. So, that would be limiting the Yeah. So, anyway, thank you. You did that. I'll stop. All right. Well, we will start with

Vanden Hamburgg for the vote. Yes. War. Yes. Polar, yes. Harrington, yes. Urban, yes. Han, yes. That is approved. Six to nothing. And here I thought we might have some that were tonight. Congratulations. Thank you. [laughter] Thank you very much. Thank you. And have a good night. You too. Thanks for coming tonight. I understand we still have one other We did the time extension. I think there's one other thing on the agenda though. Yes, we do. which we don't go which is Yeah, I could do it. I could do it. I can Oh, yeah. You guys are doing Imagine Kalazoo.

Okay. Yes, we we know how to do this. Y'all already We already did that while we were waiting. We I figured that was going to be the least controversial and it turns out none of them were. Nice. I thought I thought the Okay, I thought the I honestly thought the fence was going to get a little more push back from somebody. Well, that's which is why I'm like we Oh, yes. initially, but I needed a little more because I was like, you know, it just it just was one of those I'm like that one might get a no vote and if there's only four of us, we're going to need to have a fifth here. Yeah. Right. So,

I felt really good about it. My understanding was that little watching. That's what I said. So I told Joe I saw he was watching it at home and he saw that we needed some people. So look at that. Oh good. It worked out. Go Alan was ready. I mean he mentioned last night that he was ready to fill in. So I in the not in the not too distant future he'll just be here in in every meeting. Yeah. Yeah. It's good things come up, you know. Life Yeah. Life happens. Yep. That's why I always say I'm planning to be there because yeah, you never know.

I can't I mean, you know, we're going to have another way. I could win the lottery and disappear. No, I'd still come to the meetings. What am I going to do? So, no, I would definitely be gone traveling a lot of the time.

Yes. All right. And All right. All right. So, okay. So, here's So, how does this So, this is this is what you're looking at. That's what they're seeing over there. So, they don't see But they can see that part. Okay. All righty.

So, yeah. So, you go through those. You could obviously don't have that as needed. So, you're Yes. Okay. And you can use you can title there. I'm going to speed through this because I've already wasted enough time. Here we are. All right. Okay. [laughter] Yeah, we're putting the front.

Thank you so much for your graciousness. All right. Are we are we getting going, Pete? Can we We can go. All righty. Um, so tonight our zoning board, myself and Allison Han will be um giving you a brief update on um the strategic vision for um Imagine Kazoo 2035. So we're there now. So imagine Kazoo 2035 is a city-led planning initiative. Um and the goal of it is to establish a strategic vision and municipal plan that will guide our city. um policies, investments and development through 2035. So the presentation is an update and it is about twothirds completed. All righty. So on the agenda um this was developed from public comment and staff review. Um we have imagine 20 imagine kazoo 2035 engagement and outreach um as number one. Number two or the next aspect of it will be an analysis and initial results of the input that was received from the community. Um the strategic framework a happy healthy city and then next steps. All righty. Um imagine Kalazoo 2035. The planning started in um this there's four phases. The first phase started in September of 2024. Um and so this is the timeline here. So, it appears as though spring of 2026, we will have adopted this new um framework for our city and this vision. It's really exciting and so obviously this has implications for the work that we do here on the zoning board. Um this is our timeline and we've already adjusted it on multiple occasions to make sure that we're giving ourselves the proper space to engage the community. Um the city's master plan, excuse me, municipal plan does not expire until October of 2027. So over the next few slides um you'll see an update on the outreach and engagement activities that are that were

undertaken in the first two phases. Um we have done at least four of these um different aspects of this imaginate phase. Um we ask big broad questions. Um when I say we, I'm talking about city staff and people that were participating on the strategic planning committees. Um big broad questions. What was transformation, excuse me, transformative over the last 10 years? um what remains an obstacle or a challenge. How do we use this information to look forward um 10 years um so from now and 10 years from now like 2035 which is so wild to me. Oh my gosh. Um activity I can't believe that like we're planning for that. Um [snorts] activities include empowering residents to have meetings in their um on their own and share results with the city staff. Um the online version of all the studies u meetings with the boards happy city book read. So they had the Imagine Count Zoo Reads and that the author came here in town. Um it was all on the count city's Instagram and Facebook page. Um the Happy City book um was a great success and the number of members of our community who read the book or watched the TED talk. It's not too late if you've not done either of these. And um we're happy to share the link to the TED talk. So maybe we can get that Pete. I don't know how you'll provide that link to the TED talk. Will you guys put it on the ZBA website or um Facebook tonight? Maybe you'll put that on there.

The link. I I I can't put that on the Facebook. Okay. Well, somebody I can cir Yeah, I can circulate that. I can find it and circulate it. Okay. Well, you said it. So, we should say we should And if anybody wants to borrow the book, I have a cop being I I still have my copy if anybody wants.

Yeah. All right. Maybe you can tell us a little bit about it, Allison, too. We get up here. Okay. Never mind. [laughter] Um so the planet phase was using the information heard in imaginate. The planet phase reviewed the um and discussed loosely what was discussed loosely was organized into goals. Um there were five public meetings across the city, eight topic specific meetings and staff internal conversations and it was asked um is this the right goal statement? Do we have enough information to define the goal and create the outcomes? All right. So, those are the public meetings and the focus groups. Moving forward, um there were 4,299 points of contact spanning over meetings um to on the go, pop-up engagement participation uh participants, presentation attendees, public meeting attendees, surveys completed, partner meetings and attendees, happy book, happy city book read participants, and youth art projects. Um, so there were nearly 4,300 points of contact across many opportunities. Um, the lens that we used to move from engagement to refinement. Am I on 11 yet? Because it's almost your turn, ma'am. Um, [laughter] data sources, target market analysis, national community survey, um, SS4A plans, city community voices, excuse me. Again, 4,300 plus points of contact, best practices, and staff expertise and staff. So um taking those things um coupled with um impactful data, best practices, staff expertise and community voices um analyzing and reviewing input. This is every process starts with the balancing of what we know data and staff again staff expertise um and best practices and what we wanted to learn from community. Moving into our vision, purpose, values and goals. So the community vision describes what the community will look like and feel like in the future. City staff and community collaboration. Organizational purpose.

It's why we do what we do. City staff has established that. The organizational values, shared expectations of ourselves and others, how we operationalize our purpose and implement the community goals. City staff has established that. And again, [snorts] our guiding principles and goals, defining our future direction, direct s resources and projects for the next 10 years. And that's a collaboration between community and city staff. Um the vision statement. This is beautiful. In 2035, all Kalazoo neighborhoods are supported by sustainable, responsive, and accessible services that lift people up and bring our community together at every stage of life. That's a gorgeous vision. I love it. Moving forward. Organizational purpose. Our purpose is to provide essential resources, services, and exceptional customer service to ensure the well-being of our residents and sustainable growth of our city. And finally, my part is over. um our organizational values, integrity, learning, inclusion, customer service, accountability, teamwork, and safety. These were developed from staff conversations at retreats and the internal organization will set us up for implementation success. This form this forms the base from which we work. All righty. Thank you.

Good job, Remy. Okay, cool. [clears throat]

All right. And I will take over for the last of these slides. So our strategic uh vision framework a happy healthy city we do not yet have the full document presenting a framework we don't have the full strategic v vision document yet but um it's coming to pres presenting the framework for a healthy happy city uh so aligning IK 2035 engagement ment to plan implementation. How do we go from impa engagement to plan implementation? Um engagement um we talked about this ven diagram already. It is the combination of lenses we use to go from raw information and input to comprehensive vision. Our strategic vision is the north star. All other plans aligning with it. And in 2035 we are spending more time to set us up internally to be successful with implementation. This is occurring in two ways. Um, so in the CMO's office, so the um I'm sorry, there's too many um acronyms in [laughter] this, but the GSD, it lives in the CMO's office and looks at a plan um looks at plan actions and thinks about future budgets and capacity and how departments work together to achieve the community vision. And number two, department plans. They live in each department. Shorter term plans look out over out a few years to think through department specific budget and capacity to achieve the community vision GSD and DP work align. It is an extra layer of organization but it is intended to allow us to hit the ground running.

Um, here are the neighborhood next steps, the engagement process and the plan alignment. And we have gu five guiding principles like threads that weave their way through all of our work. Starting from the strategic vision on down to all the other plans and work. These threads guide our work. The city of Kalamazoo is committed to arts and culture, arts, culture and placemaking, community trust and safety, economic vi vitality, effective city operations, environment, housing, transportation, youth and family. So adopting the strategic vision uh the presentation of draft at city commission planning commission presentation and February approval of the final document. That's what's coming next. Um then we have the design it phase start and which starts this winter. So we'll have 13 to 15 neighborhood meetings. We'll have online activities, focus groups, and imagine Kalamazoo reads. Keep growing and learning with us. So, anybody can do the reading um and any of these other things too. So, again, we are here at the strategic vision and framework framework and draft phase. So, um and we are going into winter 202526 the design it phase as you can see. And that concludes the presentation. Thank you for listening.

Thank you, Alison. Nice job, Allison and Remy. Excellent. Very nice.

Yes. Good job to both of you. And and just to like reinforce where the strategic vision goals come into play. They they are um woven through so much of the work we do. It's actually a header in the staff report that I put together together for each case that comes before this board. So that strategic vision alignment uh section, it's usually just a very short paragraph. But if there is an alignment with one of the strategic vision goals, I point it out right there. So thank you. Great. Excellent. Meeting adjourned.