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| Ordinance | NO. 01-2017 |
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| | | | | | | | | A proposed ordinance to rezone 1700 W. Michigan from the O-1 Office district to the C-2 General Business district. | | | |
| | | | | | | | | BATTLE CREEK, MICHIGAN - 1/3/2017 | | | |
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The City of Battle Creek Ordains:
Section 1. An ordinance to rezone 1700 W. Michigan from the O-1 Office district to the C-2 General Business district. The subject property legally described as:
NORTH WOODLAWN PART OF LOT 57, POB AT PT 16.59 FT S OF NE COR OF LOT 57 - SWLY 151.48 FT - WLY ALG NLY LI OF MICHIGAN AVE, AS SHOWN IN SD PLAT, DIST OF 19.20 FT - NELY ALG WLY LI OF SD LOT DIST OF 164.5 FT - ELY ALG NLY LI OF LOT 57 DIST OF 20 FT - S ALG W LI OF SD LOT DIST OF 16.59 FT TO POB, ALSO ALL OF LOTS 58, 59 & 60, EXC S 12 FT
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 All ordinances or parts of ordinance in conflict with any of the provisions of this Ordinance are hereby repealed, saving any prosecution, criminal or administrative appeal pending on, or violation cited on or before the effective date of this ordinance, which shall remain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 January 3, 2017.
Victoria Houser
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| | | | | | | | | Battle Creek City Commission
1/3/2017
Action Summary | | | |
| | | | | | | | | | Staff Member: | Christine M. Zuzga, AICP, Planning Mgr | | Department: | Planning |
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| | | | | | | | | SUMMARY
| A proposed ordinance to rezone 1700 W. Michigan from the O-1 Office district to the C-2 General Business district.
| BUDGETARY CONSIDERATIONS
| | There are no City funds, infrastructure, or services requested with this application. |
HISTORY, BACKGROUND and DISCUSSION
| The subject property is located on the northwest corner of W. Michigan Ave. and Sigel Ave. in the Urbandale neighborhood.The total land area of this property is approximately .521 acres and there is currently a 1,792 square foot office building on the property. There is work currently going on at the site including a parking lot expansion and improvements, and interior remodeling work inside the building. A tax service business also is leasing space in the building.
The applicant for the rezoning request, Brock Howland, has indicated that he is interested in rezoning this property in order to expand his opportunities to rent space in the existing building. He also has indicated that he has a tenant ready to occupy space in the building if he can get the proper zoning for retail sales. Mr. Howland has pursued this rezoning request knowing that the residents in Urbandale consistently are in favor of more commercial businesses locating in the neighborhood.
The planning enabling legislation does not allow for conditions to be placed on an approval, and therefore, any discussions relative to the proposed uses as well as site plans, floor plans, building appearances, etc. are not relevant and should not be considered as a basis for a decision. These and other topics will be addressed by staff during any required site plan review process. If approved, permitted uses that can occupy this property are listed in the attached staff report.
If the rezoning were approved, the property owner could legally maintain the office use occurring on site, or have the ability to develop the property on its own or as part of a larger commercial development based on zoning and site approval requirements/limitations. However, based upon an analysis of zoning ordinance regulations concerning permitted uses as well as land development standards including lot size, building coverage, parking, and building code requirements if converted to commercial, and taking into consideration the shape of the parcel, the uses possible at that location would be limited if it were to be developed on its own as opposed to a larger project.
| DISCUSSION OF THE ISSUE
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| POSITIONS
| The applicant presented their request at the November 14, 2016 meeting of the Neighborhood Planning Council #5 and the NPC has recommended approval of the rezoning request.
The notice of the December 14, 2016 public hearing at the Planning Commission meeting was published and mailed pursuant to state law. The Planning Department did not receive any comments related to this request, nor were there any in attendance at the public hearing on December 14, 2016.
At their meeting, with a 8-0 vote, the Planning Commission recommended approval of the request citing the findings in the staff report, and the limited scope of development that could occur at the property due to the size, shape, and existing conditions of the property. |
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