Item Coversheet

Resolution

NO. 157

A Resolution to adopt an ordinance to conditionally rezone 15 Carlyle Street, pursuant to M.C.L. 125.3405, to allow residential use of the first floor as outlined in the submitted application.

BATTLE CREEK, MICHIGAN - 6/21/2016

Section 1. An ordinance to conditionally rezone parcel 15 Carlyle Street, pursuant to M.C.L. 125.3405, to allow residential use of the first floor with the following condition: The approval of this request is directly tied to the proposed use as provided for by the applicant in the application. Any changes contrary to that which is included on the application would require review and approval by the Planning Commission and City Commission. The subject property is legally described as:

 

BC CITY RB3 LOT 72 & NW 30 FT OF LOT 73

 

Section 2. Should any section, clause or phrase of this Ordinance be declared to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid.

 

Section 3. All ordinances or parts of ordinance in conflict with any of the provisions of this Ordinance are hereby repealed, saving any prosecution, criminal or administrative appeal pending on, or violation cited on or before the effective date of this ordinance, which shall remain subject to the ordinance provision existing at the time of the alleged violation.

 

Section 4. Except as otherwise provided by law, this Ordinance shall take effect seven (7) days from the date of its publication, in accordance with the provisions of Section 401 of the Michigan Zoning Enabling Act.









I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on June 21, 2016.


Victoria Houser


Battle Creek City Commission
6/21/2016
Action Summary

Staff Member: Christine M. Zuzga, AICP Planning Supv. 
Department:Planning 
SUMMARY 

A Resolution to adopt an ordinance to conditionally rezone 15 Carlyle Street, pursuant to M.C.L. 125.3405, to allow residential use of the first floor as outlined in the submitted application.


BUDGETARY CONSIDERATIONS
This request will result in the renovation of a historic four-story building and provide additional living opportunities downtown that will result in an increase in property value and tax capture.

HISTORY, BACKGROUND and  DISCUSSION

The subject site is located on Carlyle Street, south of W. Michigan, east of the Battle Creek River. The structure was built in 1903. The brick building is three stories in height, with the lowest level being a daylight basement.

 

West of the building is the Battle Creek River, and beyond that is the Math and Science Center. North and east is the core downtown, south is the Kellogg Company headquarters, and to the east is the Jackson Street public parking lot. The subject property and properties along West Michigan to the east in the central part of the downtown are zoned C-7 Street Level Retail. Surrounding blocks in the downtown are C-4 Central Business District. Both zoning districts allows mixed use (commercial and residential) but provides that residential must occur on the second story or higher. The basis for the conditional rezoning is to allow for residential apartments on the main level of 15 Carlyle.

 

As outlined in the application, the applicant will be renovate the entire building into a total of twenty residential apartments, nineteen one bedroom and one two-bedroom unit. The zoning ordinance does not require properties in the above mentioned zoning districts to provide their own off-street parking. The City is working in conjunction with the applicant on street and parking lot improvements.


DISCUSSION OF THE ISSUE

POSITIONS

The Central Business District is not located within a specific Neighborhood Planning Commission, however, the renovation of this entire building for residential use has been discussed by numerous boards/commission, agencies, and businesses, all associated with downtown development, and there has been no opposition.

 

At their May 25, 2016 meeting, Planning Commission held a public hearing on the request; there were no public comments at the meeting, nor did staff receive any in advance.

 

The Planning Commission, at their May 25, 2016 meeting, unanimously recommended approval to the City Commission the conditional rezoning of 15 Carlyle Street to allow first floor residential, with the following condition: The approval of this request is directly tied to the proposed use and elements of the proposed use as provided for by the applicant in the application. Any changes contrary to that which is included on the application would require review and approval by the Planning Commission and City Commission; based on the following findings:

 

Ø  The Future Land Use map of the 1997 Comprehensive Plan designates these properties as Downtown Mixed Use which encourages a mix of restaurants, stores, hotels, offices, entertainment, open space, residential, etc. The master plan recognizes that residential units are an important component of downtown success (4-7), and encourages the rehabilitation of existing buildings to serve the demand (4-6, 4-7). While the master plan does state that focus should be on the residential use of upper floors of downtown buildings, the plan also specifically calls for preserving commercial uses on the main floors of buildings along the main corridor, Michigan Avenue, (4-6,4-7). As this building is located on a side street from the main commercial corridor, the request is not contrary to this goal. The request to conditionally rezone this is consistent with the 1997 Comprehensive Plan. The request is also consistent with goals and objectives discussed as part of the BC Vision efforts.

 

Ø  Taking into consideration the allowable uses in the C-7 Street Level Retail zoning district, the proposed use of residential is less intensive then some uses allowed by right under current zoning, and will be a low intensity activity that will not be detrimental to the neighborhood or surrounding land uses. The consistent presence of residents would serve to bolster downtown businesses, activity, and perception of safety. If denied, the lower level would be extremely difficult to modify for commercial space as it currently does not meet ADA barrier free access due to the split level entry.

 

Ø  The conditional rezoning request to allow residential on the main floor of this location is compatible with being in and adjacent to zoning districts that specifically allow mixed uses including residential dwelling units.

 

Ø  The infrastructure of downtown, including utilities and road networks, will be able to support the six residential units that would be allowed if the conditional rezoning would be approved for the first floor.


ATTACHMENTS:
File NameDescription
02-16_180Urban_15_Carlyle_REPORTandAPP.pdfZ02-16 Cond. Rezone Staff Report_App