Item Coversheet

Ordinance

NO. 12-2016

An Ordinance to conditionally rezone 390 S. Washington to allow up to 110 market rate rental units at the former Southwest Junior High School, pursuant to M.C.L. 125.3405.

BATTLE CREEK, MICHIGAN - 8/16/2016

The City of Battle Creek Ordains:

Section 1. An ordinance to conditionally rezone parcel 390 S. Washington Avenue, pursuant to M.C.L. 125.3405, to up to 110 market rate rental units at the former Southwestern Junior High School 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, parcel #5270-00-23-0 is legally described as: MEACHEMS ADD LOTS 183 THRU 187, LOTS 220 THRU 224 & E 16.5 FT OF LOT 225, ALSO VAC ALLEY ADJ

 

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 All ordinances or parts of ordinance in conflict with any of the provisions of this Ordinance are hereby repealed, saving any prosecution, criminal or administrative appeal pending on, or violation cited on or before the effective date of this ordinance, which shall remain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 August 16, 2016.


Victoria Houser


Battle Creek City Commission
8/16/2016
Action Summary

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

An Ordinance to conditionally rezone 390 S. Washington to allow up to 110 market rate rental units at the former Southwest Junior High School, pursuant to M.C.L. 125.3405.


BUDGETARY CONSIDERATIONS
The rehabilitation and occupancy of this building would allow a vacant, tax-exempt public building and property be placed into productive use that contribute to the tax base.

HISTORY, BACKGROUND and  DISCUSSION

The applicant has a purchase agreement with Battle Creek Public Schools for a total of three properties – the former Southwester Junior High building at 390 S. Washington, the accompanying parking lot at the northwest corner of Battle Creek Avenue, and S. Washington Avenue, and the former football field located south of Goguac Street. The school was constructed in 1928 and used for educational purposes until its closing by the school district in 2006. The building has been vacant since this time.

 

The applicant is proposing the renovation of the former school building into a maximum of 110 market rate rental units. As outlined in the attached application, the proposal includes 15 studio units, 50 one-bedroom units, 42 two-bedroom units, and 3 three-bedroom units. The exterior of the building will be maintained as is existing with the exception of a pool and outdoor patio in the back of the building. Their application, including proposed building facades and floor plans, are attached.

 

The applicant is proposing to use the existing parking lot at Battle Creek Avenue and S. Washington Avenue as additional on-street parking. They are also proposing the addition of a parking lot to the east of the building along W. Washington, and also a small lot to the rear of the building. They are proposing a total of 137 parking spaces, and are currently working with City Planning and Engineering staff on location and design. They have not yet submitted a site plan for the parking lots, but it will be required and at that time they will be required to show sufficient screening between the parking areas and adjacent residential properties. The proposed parking meets requirements that would be established in the proposed new parking ordinance. At this time there are no plans for the former football field. Any additional plans would likely require an amendment to this conditional rezoning request.


DISCUSSION OF THE ISSUE

POSITIONS

This parcel is located in Neighborhood Planning Council #3. The applicant attended the June 7th meeting and the NPC unanimously approved their request for conditional rezoning.

 

A public hearing was held at the July 27, 2016 Planning Commission meeting, with three persons in attendance who voiced concerns about parking, density, and  questions about plans for the building, if it would be renovated or demolished.

 

At this same meeting, the Planning Commission unanimously recommended approval to the City Commission the conditional rezoning of 390 S. Washington Avenue to allow up to 110 market rate rental units at the former Southwestern Junior High School 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 identifies the future use of this parcel as Institutional/Schools. When this plan was prepared and completed it was done at a time prior to school districts moving away from neighborhood schools, declining enrollment, and closure of schools and so it’s important to look at goals and objectives of the plan. Goals related to land use (4-3) include to prevent sprawl at the edge of the City’s developed areas, to promote new development at urban densities and to encourage reinvestment in older areas of the City. To this end the plan calls for the redevelopment and adaptive reuse in older neighborhoods to enhance the character of established areas and specifically preserve historic character. Goals related to Residential Development/Neighborhoods (4-12) include revitalized neighborhoods that provide a range of housing choices through a balance of preservation, rehabilitation and new construction of both affordable and upper end housing. Objectives of this goal include strengthen the livability of existing neighborhoods through improved safety, reinvestment and community involvement and the preservation of historic structures where feasible. The redevelopment of this building into market rate rental units meets all of these goals and objectives, will serve to stabilize the surrounding area, meet market demand based on the recent Target Market Analysis, and help to boost the commercial area along Capital Avenue S.W. and in Downtown.

 

Ø  The reuse of these properties into 110 market rate rental units equal the development potential of the properties if they were developed into two-family residential units, therefore, the proposed use is not any more or less intensive than what is allowed by current zoning. The concentration of these units in a historic, vacant, building is actually encouraged from a land use standpoint in that the building can be put to a productive use while maintaining the current atmosphere of the neighborhood.

 

Ø  The existing infrastructure and utilities are sufficient to for the proposed use of the building, and the applicant has been working with City staff to ensure that decisions related to design, use, and construction will not adversely affect City services.


ATTACHMENTS:
File NameDescription
Z04-16_Summit_SWJR_STAFF_RPT_and_APP.pdfZ04-16 Summit_390 S. Washington