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| Ordinance | NO. 07-2018 |
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| | | | | | | | | An Ordinance to conditionally rezone 5740 Beckley, Parcel 0095-00-080-0, to allow a moving and self-storage facility, pursuant to M.C.L. 125.3405. | | | |
| | | | | | | | | BATTLE CREEK, MICHIGAN - 8/14/2018 | | | |
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The City of Battle Creek Ordains:
Section 1. An Ordinance to conditionally rezone 5740 Beckley, Parcel 0095-00-080-0, to allow a moving and self-storage facility. The conditional rezoning is requested pursuant to M.C.L. 125.3405.
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 All ordinances or parts of ordinance in conflict with any of the provisions of this Ordinance are hereby repealed, saving any prosecution, criminal or administrative appeal pending on, or violation cited on or before the effective date of this ordinance, which shall remain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 14, 2018.
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Victoria Houser
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| | | | | | | | | Battle Creek City Commission 8/14/2018 Action Summary | | | |
| | | | | | | | | Staff Member: | Christine Zuzga, AICP, Planning Mgr | Department: | Planning |
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| | | | | | | | | SUMMARY
| An Ordinance to conditionally rezone 5740 Beckley, Parcel 0095-00-080-0, to allow a moving and self-storage facility, pursuant to M.C.L. 125.3405.
| BUDGETARY CONSIDERATIONS
| The conditional rezoning of this parcel allows for the redevelopment of a significant commercial property that has been vacant for over ten years, thereby allowing for productive use of the property that contributes to the tax base. Any improvements to the property will be by private funding and not require investment by the City. | HISTORY, BACKGROUND and DISCUSSION
| The subject site is located on Beckley Road, bordering the west side of M-66. It totals 5.56 acres in size and is improved with parking and a 46,700 s.f. building that has been vacant since 2006.
The proposed use of the property is a U-Haul moving and storage facility. The building will be rehabbed to include retail sales and interior accessed self-storage. The parking lot will be used for display and the eventual construction of three detached exterior accessed self-storage structures as outlined in the application narrative and site plan (attached).
The property as well as others in the vicinity are zoned C-6 Major Highway Interchange district, and has been since the annexation of the Township. This zoning district allows a variety of uses, but very specifically states “all uses (except otherwise stated) must be conducted wholly in a permanent, fully enclosed building”. Businesses in the area are primarily retail in nature and all, including the adjacent Harley Davidson dealer, comply with this requirement. A conditional rezoning is needed in order to allow the outdoor storage and stacking of vehicles and equipment as well as self storage, which is otherwise only allowed by special use permit.
| DISCUSSION OF THE ISSUE
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| POSITIONS
| This parcel is located in Neighborhood Planning Council #9. The application had made contact with the chair though the NPC has not met through the summer.
The request was reviewed by the City Economic Development Team which includes representative from the City Manager’s office, Department of Public Works, Economic Development Fund, Planning, and Inspections, and all were supportive of the proposed adaptive reuse of the property.
A public hearing was held at the July 25, 2018 Planning Commission meeting, with no one in attendance that voiced concerns.
At this same meeting, the Planning Commission reviewed the request as outlined by statute and case law, based on the proposed use as it relates to the surrounding zoning and land uses, existing infrastructure, and most importantly consistency with the Comprehensive Plan. The Planning Commission unanimously recommended approval to the City Commission the conditional rezoning, based on the following findings:
- The Future Land Use map of the 2018 Master Plan designates this and surrounding parcels as Regional Commercial. The purpose of Regional Commercial, as outlined in the plan, is to support a high volume of local and regional traffic for retailers, national chains, and service providers. Furthermore, it is meant to allow high intensity uses and the largest scale of development.
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Goals in the Master Plan include the adjusting land use regulations to match the changing character and community needs as well as identifying vacant or underutilized sites that could be developed to catalyze nearby investment. National market changes have resulted in large scale retail becoming largely obsolete, and the request as submitted allows for adaptive reuse and rehab of a large parcel that has been vacant for 10+ years in accordance with these goals.
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With hours of operation limited to daytime and early evening, and with the additional security measures that will be employed onsite, the proposed use will be less intensive and more controlled than other uses allowed in the C-6 Major Highway Commercial District.
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The approval of the conditional rezoning only applies to the use, and improvements made to the site will be required to come into compliance with current development standards including site plan review approval, parking, screening (when applicable), and landscaping.
- Beckley Road can accommodate high levels of traffic and a stop light at Beckley allows for easy access to this property. Additionally, the existing infrastructure, including the size and availability of public water and sanitary sewer support the existing and perhaps higher intensity land use than would be allowed by the current zoning.
- 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.
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