Planning Commission - Regular Meeting

All right. Are we good with the video? Good to go. Thank you, sir. I will call to order the Wednesday, January 28, 2026 City of Battle Creek Planning Commission meeting. Can we get a roll call for attendance, please? Commissioner Hughes here. Commissioner O'Donnell, Commissioner Gray here, Commissioner Morris here, Commissioner Dennison here, Commissioner Motton, Commissioner White here, Mayor Binky.

I did get notice that the mayor will be a few minutes late, so he'll be joining us shortly. But I do believe we have quorum, so we're good to proceed. Uh, on to approval of the minutes. This being the December 10, 2025 meeting. Are there any comments or questions regarding the minutes? Hearing none. Uh, can I get a motion to approve? I'll make a motion. Support. It's been moved and supported. All those in favor signify by saying I. I. I. Opposed. Same sign. Minutes approved. Any correspondence? No correspondence.

Okay. Any additions or deletions? No additions, no deletions.

Perfect. We will now proceed to the public hearing and deliberations portion of the meeting. As a reminder to all with public hearings, we'll hear from staff first, then the applicant, then the floor will be open for public comment. We ask that when coming forward, you state your name and address. Once comments are complete, we will close the public hearing. If you want to comment on something not specific to this public hearing, you will be provided time to do so later in the agenda. We'll take comments at that time. Commissioners, as a reminder to you, the role of this body today is to hold public hearings on the request, review any proposed changes, and put forth a recommendation to the city commission. Any change recommended by the planning commission must be approved by the city commission. With that, I will open the public hearing for consideration of resoning requests number PRZ25-00007. Uh this is a petition from Jeffrey Scott Architects to reszone the property located at 18 Emerald A. Parcel number is 1840-0000-004-0 uh from the current classification of R1B single family residential district to B1 corridor commercial district.

Can we please note that uh Commissioner O'Donnell is present?

Noted. Thank you. Staff report. Uh so as was stated, this is an application for the reasonzoning of the parcel located at 18 Emerald Avenue. Um if you take a look at page seven of your agenda packet, you'll see the aerial photo of the corner of West Michigan Avenue and Emerald Avenue. Um there are five parcels in that aerial photo that are um outlined. Four of them are outlined in blue. One is outlined in red. The four parcels that are outlined in blue are also owned by the owner of or by the applicant um for this request. Um those parcels that are outlined in blue are currently zoned B1 corridor commercial district. The only parcel that is the subject of this request today is the one outlined in red on the southern edge of those of that gathering of parcels. Um again, they're all under common ownership. Um the owner is uh looking to get this last parcel reszoned um with interest in developing the site for a new Dunkin Donuts drive-thru location. Um the uh if you take a look at page eight of your agenda packet, you'll see the current zoning map with a star indicating the subject parcel. Um the that blue shade is B1 and that green shade represents single R1B single family. Um, if you take a look at page nine of your agenda packet, you'll see a snippet from the future land use plan in the master plan document. It's hard to see on there. Um, but there is a notch

of red sticking kind of right up against Emerald Avenue. um which indicates on the future land use plan corridor commercial which correlates to the B1 cor corridor commercial district on the zoning map as well. Um I think likely based on what what we can see on the map here um it may have been a mapping error in 2020 during the um during the resoning the during the rewrite of the zoning ordinance and the zoning map. Um the graphics make it difficult to see so I can easily see how that may have happened. Uh given that fact uh it it would align then this proposed resoning would align with the future land use plan and with the the vision of the master plan. Um additionally uh you have uh a commercial use in the uh the car wash location directly across the street from this location. Um the uh the location currently has a single family residence on it. Um that residence is vacant. Um additionally, there's a residence right on the corner of Emerald Avenue and West Michigan Avenue. The applicant has stated that the intention is to uh demolish both of those vacant structures to obviously make way for the new development. Uh the applicant presented this item to NPC number five on January 12th. Um and based on the reports uh from staff at the meeting um generally received favorable uh feedback from the MPC on the proposal. Um for all of those stated reasons, staff is recommending approval of this item. Um and I can attempt to answer any questions that anybody might have.

Are there any technical or clarifying questions from commissioners? All right. Is the applicant present or a representative for the applicant? Andre Bader, Jeffrey Scott Architects. Do you need my address? It's fine. Okay. Can you state your relationship to the We're the architects. Okay. So, perfect. For the for the Duncan. Gotcha. Thank you. Mhm.

Um, just quickly, can you, you know, an overview of kind of what is going to happen, that sort of thing, so the commissioners are more understanding? Um, pretty much as was stated, they plan on purchasing all of five of them, all five of those lots, combining them into one, taking down all the existing buildings, and then putting up a Duncan with a drive-thru. Okay. Thank you. Mhm. Are there any questions for the applicant from commissioners? Okay. Anything else you'd like to add? No. I do have preliminary plans if anybody needs wants to look at them. Okay. Just, you know, so perfect. Let me know. Thank you. Mhm.

All right. Are there any public comments on resoning requests number PRZ25-00007? State your name and address, please, sir. My name is Brian McFale Fozy. I live at 23 Emerald Avenue. So I'm just adjacent across the street to the property in question. Uh Ritzy's is in my sideyard. So every time I come home, I get the wafting of the of the burgers coming across there. Uh we have just moved into the area. We moved in here. We bought the house, closed on December 10th, took position possession of the house on January 3rd. Uh, so I haven't really had a whole lot of time to uh to understand the neighborhood to see what is going on and everything else like that. Um, I believe it was this young lady back here that I spoke to. I did call the architects to talk about the plans. I have no significant objections uh to what is being done uh what is being requested to be done. I do have a couple of minor concerns and one minor concern would be that if it doesn't turn out to be a Dunkin Donuts and it says something else that could be harmful, I'll say it that way, to the neighborhood. Um, so I I would really prefer to see it. My daughter would love it to be a Dunkin Donuts as well too because she loves Dunkin Donuts and she wants to go there. She's at college right now, but she's looking forward to it when she comes home. So, it would be that if for some reason it does not actually become a Dunkin Donuts and some other use that is not favorable to the community would come into that. Uh the other question I would have uh would be if possible uh to fit the Dunkin Donuts within the other five properties that have been reszoned and leave this one as a residential property to keep a relatively small residential street still residential. Uh but again, it's not something I have any major objections to. Um I just wanted to let the council know that.

Thank you. Thank you. Uh, a question for city staff. Does the project have site plan approval yet? It does not. No. Okay. Thank you. All right. Are there any other questions from commissioners at this time? Yes. Uh, I have one.

Okay. Um, put this in there. And if if I was there or something in the neighborhood or something like that, is there a privacy fence they plan on putting in there? As far as I know, I think it is a requirement that we have to have a fence along the back between the residential and the the business. Yeah. I think it's city requirement. So, so there would be no problem doing nothing you'd come back and ask for not to have one. So, not at this point. All right. I just want to be clear with that. Sorry.

Yeah. And the screening required screening will be taken care of during the site plan review process. Okay. Thank you. All right. Um I would like to call out the staff recommendations are on page 11 for commissioners. Um if there's not any further deliberation, I'll entertain a motion. Uh please have a specific motion to this agenda item. uh include your intention and mention of any conditions. And remember, as always, it's best practice to make the motion in the affirmative for the record.

Move to approve a request for reszoning PRZ25-00007 um based on the findings of the staff recommendation taking those into account. I'll second that. Okay. Okay, it's been moved by Commissioner Gray, seconded by Commissioner Morris. Any further uh comments from Commissioners? Seeing none, vote. Commissioner Dennison, yes. Commissioner Gray, yes. Commissioner O'Donnell, yes. Commissioner Hughes, yes. Commissioner White, yes. Commissioner Morris, yes.

All right, motion carries. Thank you to everyone. Okay, we will now move on to the public hearing for consideration of zoting ordinance text amendment number A26-01. This is a proposed amendment to section 1240.12. This is B2 regional commercial district and section 1251 is 20 um hotel to amend the height limitations within the B2 zoning district and the density formula related to hotel development within the city of Battle Creek. Staff report. Um so uh should start off this report by stating that um staff was approached during the month of December by a developer with interest in the site of the old Lonear Steakhouse um at 50nap uh Nap Drive with interest in demolishing the existing building and then reconstructing on basically the exact footprint a new uh lives smart hotel location. Um we uh in speaking with the applicant um the applicant was comfortable with uh uh with reference being made to its uh potential proposal in the staff report um to give context and obviously to be as transparent as possible. Um these two text amendments would be required in order for the applicant to construct to the uh to the size and the height that they're looking to construct to. Right now, section 1240.12 of the B of the B2 Regional Commercial District um has a height limit of 50 ft and three stories.

The applicant's proposed building height would be 60 ft um and uh five stories. Additionally, section 1251.20 20 which includes um different regulations uh applied to certain uses in the city. Um this section refers to hotel uses. Um the text amendment would remove the density limit that's that that section sets on hotels which is set at 800 square ft of lot area for each guest unit. Um and it would simply strike that section. Um now, uh that section of the ordinance, while it would be removing that density limit, um we do want to let commissioners know that parking requirements still apply at all sites, um essentially that in in most ways sets the the limit on the the intensity of the use of the site. Um there is still a requirement that hotels have at least one acre of area, but the the parking minimum is essentially the guarantee that you're not going to have somebody who's going to purchase a site that's relative or roughly one acre and then propose 500 units. There's just there's obviously no way that the parking can be accommodated there. So, um, staff's opinion on this is that instead of having kind of an additional, more arbitrary, um, density limit written into section 1251.20 where there already are parking requirements that exist, it doesn't it didn't seem as though it was necessary to layer that with an additional level of of density limitation. Um, with regard to the uh proposed change to the height in the B2 zoning district, uh, it

uh, uh, it would certainly uh, assist this developer in being able to get this project going. Uh but additionally uh there's going to be continued discussion that we'll likely be looking for input from the planning commission on as as we continue through 2026 regarding the 2025 adopted Lake View plan. Um there were a number of proposed zoning changes uh to create additional flexibility within uh what was identified as the um the Lake View sub area. this parcel is included within the overall Lake View sub area. Um, and so while this is a small amendment and it um is definitely intended to assist a developer right now with getting going with a project, u this is one of the sorts of amendments that uh that could potentially be proposed as part of a larger package of amendments to that area or essentially the establishment of of sort of a reworked or new zoning district in that area. Um, all of it is intended to again create as much flexibility as possible to encourage as much development and redevelopment of the Lake View sub area as possible in accordance with that adopted plan from last year. Um, if commissioners have any other questions, I can try to answer those. Otherwise, uh, those are the proposed changes.

Thank you. Are there any technical or clarifying questions for staff?

I have a quick one. Can you go back and say what you said about parking again? So, uh, there is a parking a minimum parking requirement for hotel uses of one parking space per guest unit. So, essentially that basically sets a density cap on you you'll only have so much room on a site in order to to be able to accommodate the required parking. Um, this site in particular pretty much hits right at uh will will pretty much exactly hit the amount of parking it needs to get this number of guest units in. Um, they're planning on building over the existing footprint of the building and not altering the parking lot in any way other than to resurface it and restripe the parking lot. But, um, the indication from the applicant is that there's no proposed change to the layout of the parking lot. So,

got it. Thank you. The recommended change will allow for more density, but through site plan review, it's the density is still kind of in check based on the parking. Correct. Okay. I did have one other question on this the density thing. Um, it said on here proposally 103 guest rooms. Is that going to be limited to 77 because of the parking? Is that what I'm reading into this or is that

So, it would be limited to to roughly 77 if the one guest unit per 800 square ft was applied to it. Um, if that if that um that text from the ordinance is struck, then they will be able to get to the number of parking spaces that they've got right now, which I believe is it's it's either 99 or 100. there's some allowance in the parking ordinance for um additional spaces to be accommodated by bike racks as well. So, um I think it should also be noted too that um u with an extended stay hotel, I think the expectation is likely you're not looking at 100% capacity obviously at all times in a in a hotel of this nature. Um, and so the, like I said, the parking, um, that they have available right now pretty much is going to hit right on at 103 spaces. Um, and so it'll accommodate what they're looking to do. Um, but right now, the way the ordinance is written, you're correct. It would it would limit it to 70. I think it was like roughly 77 or something.

It said 77 in the report. I just wanted to make sure. Thank you so much for information. Okay. Yeah.

Okay. So, you just said something that sparked another question for me. So, I'm I'm under the impression, and I could be wrong, that uh during field of flight or specific um community events that bring in a lot of tourists that our hotels are full. um so to say that we might not they likely won't get to 100% occupancy and an extended stay. I don't know that that's entirely true. Um and so would this run into the problem of having more more uh guests than parking available? Um they should not uh like I said I think right now um and I would have to go back and and count again but I believe they have it's either 99 or 100 parking spaces on that site right now and they're not proposing any alteration to the lot area. Um and again the zoning ordinance gives some ability to use some additional bike racks as to again to fill in for those final whatever the final number of spaces may be that they're that they're short right now. So,

so they would have a way to make it up if they needed them. Correct. Yeah. Thank you. So, the the proposed changes are not changing the parking anything in the ordinance regarding the parking. No, the parking minimums are staying the same. This is just getting rid of that additional density density calculation that the ordinance has in it.

Okay. Uh, this is being brought to us from the city. Is there anyone from the proposed developer here? All right, we will move on to public comment. Is there any public comment for zoning ordinance text amendment number A26-01? All right, seeing none, we will proceed. Um, commissioners, any further deliberation? Just I just had one more comment.

Yeah. Um, I know it's only 10 feet. Is there any environmental or um businesses that would be obstructed by the extra 10 ft that we've heard from? Uh so uh I I don't believe so based on adding 10 ft of height to what was what would already be permitted there. There is a residential district that if you continue around that corner on NAP, um you do run into um it's I I believe well outside of an area that would uh potentially be affected by any kind of shadowing or any anything else that may be associated with that additional 10 ft of height. Um additionally, there is a large self- storage facility that lies between the proposed site and that residential neighborhood as well. So Oh,

you answered the shadowing question just fine. Thank you. Okay. Any further comments or questions from commissioners? All right. I will call out the staff recommendation for this is on page 31. Um with this, I'll entertain a motion. Move to approve zoning ordinance text amendment number A26-07 with proposed um recommendations as outlined by staff.

Second. Okay. It's been moved by Commissioner Gray, supported by Commissioner Morrison. Any further questions or comments before we proceed with a vote? All right. Vote. Commissioner Hughes. Yes. Commissioner O'Donnell. Yes. Commissioner White, yes. Commissioner Gray, yes. Commissioner Morris, yes. Commissioner Dennison, yes. Motion carries. Thank you all.

Thank you to the city for um ensuring that you brought up the Lake View District sub plan, too. That's nice that we're thinking about that area with all the work that's been done out there and continuing to go forward with that. All right, that concludes public hearings and deliberation. Is there any old business? No old business. Mayor still not present. Okay. Any new business? Uh yes, we have election of officers this afternoon. We can start with any nominations for the chair. Um nominate China Hughes.

Okay, there's been a nomination. Is there a second? I'll second it. Okay. It's been uh made by Commissioner Gray, supported by Commissioner Morrison. Are there any are there any other nominations for chair? All right. Hearing none, we can do uh just a voice vo vote. I struggled with that for this. Um all those in favor signify by saying I. I oppose. Same sign. I continue to be chair. Thank you all. Great. Good job. Thank you. Okay, good job. Thank you. We can proceed to vice chair now. Is there a nomination for vice chair? Sure.

Yeah, I'll do it. We got one right here. All right. The nomination is I can't nominate myself. Say it into the mic. You have to say it in there, Bill. I'll say you. There has been a nomination for vice chair for Commissioner O'Donnell. Is there support? support. All right, it's been the motion or the nomination was made by Commissioner Morris, supported by Commissioner White for Commissioner O'Donnell as vice chair. Are there any other nominations? Hearing none, we will vote. All those in favor signify by saying I. I. Opposed, same sign. All right, vice chair will continue to be Commissioner O'Donnell. Thank you.

Then we have a secretary, right? All right. We will now proceed to nomination for secretary. Are there any nominations? I currently hold this. Want to do it again? Sure. Okay. There's been a nomination. Uh, is there a second? Second. Okay. Nomination was made by Commissioner Morris, supported by Commissioner O'Donnell for Commissioner Hughes as Secretary. Are there any other nominations? Hearing none, we can vote. All those in favor signify by saying I. I. I.

Opposed, same sign. All right. Secretary will continue to be Commissioner Hughes. Thank you. Thank you. We can find him. Thank you all. All right. Are there any additional comments by the public? Any comments by staff or commissioners?

Yes. Turn over the mic here to Darcy. Thank you. I just wanted to update you on the housing strategy. Um, planning staff is going to all of the neighborhood planning councils um in January and February, depending on when we could schedule it to to update uh the members of the councils about um not only what we're doing now for the housing strategy. Right now, we're primarily focusing on the neighborhoods uh that are single family neighborhoods, but also reminding them in the 2018 master plan, there was a lot of housing um strategy uh taken uh taken the step to have resonings done. And this was done with the T districts, the formbbased code, and a mass quite a bit of property along around the city was reszoned in the downtown, along the bus corridors, uh along um the edges of neighborhoods to allow for mix of uses um within one property. Uh T3 allows some office along with residential. This really helps us take some of our old buildings that are vacant and repurpose them. Um, it also allows for different types of housing aside from single family residentials along those corridors um in existing properties um and new properties if someone chooses to do that. Um it also encourages uh more housing in the downtown whether it be above uh uh the commercial buildings. Um but just more flexibility. Uh this h has been um already done as uh Travis will speak to more. We are looking. We also

have the lake view plan. Um, that's another part of the housing strategy that's already been reviewed and adopted and we'll add that into the overall document, but looking at taking specifically large vacant or parking lots, not necessarily vacant, some vacant um and repurposing them. So, some of it still um parking for commercial, but also housing so that we have um more housing in an area that's close to the bus route, close to walkability, for people that may have one car or no cars. Um, and then working on that area to make it more user friendly for for pedestrians and for vehicles by doing some uh road diet and interior driveways, things of that nature that make it a much uh friendlier area and uh work on some place making um things within the lake view plan. So, these are some things that I think um that we're kind of just kind of following up on and reminding them that these are being, you know, have already been approved and we're working and moving forward on them and that right now we really need to focus on um if in the single family neighborhoods the residents felt that they would be comfortable with some type of infill or changing a large home from a single family home to a forplex or a two duplex. Finding out if that's the type of uh change that would be amendable to them in the neighborhood and if we could do it in a way that blends into the neighborhood by particular architecture. if it's a new development. And also work on um explaining to them. The big purpose of this is because a multiple family unit whether it's a two unit or a quad um or town homes of some nature

will really help somewhat to bridge the gap between the cost of building and the cost of financing a house. It's one tool. Um, also we're looking at in that that situation um if we go forward with a developing um plans that are already approved to make it cheaper and easier for a small builder to build a house for infill that all of this stuff can be in place in as we recruit as you know our partners in the community help to recruit builders and developers. It's just one obstacle that will be removed and we just need to find out where and how that would be um comfortable to the resident in single family neighborhoods. We have um different neighborhoods that have different concerns and different um style of housing that they would they like to see. So, we need to get really down to the nitty-gritty. And we do have a meeting coming up on February 19th from 5:30 to 7:30 at the Department of Public Works. Um, this meeting will be kind of to sum up some of the stuff that I'm talking about. It will also um, you know, talk about why we're doing this, why we're reaching out for these types of uh, possible changes and what those changes could look like. And then we're going to do uh a virtual or we're doing a a survey um a technology survey that they can see the results firsthand. And this won't be I mean this will be used for talking points at the meeting and then after this meeting we'll put together a housing survey that we'll market to the community that kind of talks about these different things so we can get um feedback from a larger group of people based on this information. And then we will have one more meeting that says this is what we've heard. Do you

agree, disagree? How can we improve this? And then we will take it through for the um approval process. So, and do you have any questions on that process? Are there any questions?

What are you calling this particular meeting on February 19th? Um, it is the housing a housing strategy meeting and I'm going to send you or Melody's going to send you an email tomorrow morning and it will have the housing strategy web page and we have all of the uhformational handouts that we've put together to date. We have some videos that staff has put together on our different housing partners. We're going to continue to work on those. So, people that aren't aware of um Pastor French's uh housing um project that she's working on and uh Habitat her for humanity. Um we've got two videos that are interviewing um both of these uh parties to to kind of get that information out. We also um are working on a uh podcast series um that for the next 12 months will be focused on housing. So those will be attached and then um I am working on all of our um uh information that we heard from the community from each meeting to get that on the web page. So that'll be our uh place where all of the information will be held and all of our meetings will be shown. So we do have the lake view plan attached uh as well to that link so people have access to the other documents that are part of this review process.

Thank you. Yes.

Uh from a planning commission perspective, I do like and support expanding the use of the T3 designation. I do have a few things I wonder about. I do like the formbbased aspect. Um, but I think there's like a restriction of first floor commercial. So, I kind of wonder about that aspect. Um, really it would apply to new construction. But kind of in that same note, I know we've had um a conditional resoning request for a T Street where residents had voiced some concern about if the development didn't happen, what would be permitted under that designation? um because I think like a drive-thru retail could be allowed under there. So, um trying to leverage that tool for housing is great, but I just kind of wonder about some of those other things.

Well, I think when we um as we're working on the adding the T6, we have noticed a lot of things that need to be changed. As you know, we haven't had this ordinance for very long and we continue to tweak it. Um those are things that we will definitely look at. Um it's yeah there's there's a lot of good stuff, but there's some confusing things too that we really need to work on. So now that we have this housing um strategy meetings that we've had, it's really brought to light some good information and so we'll have an opportunity to evaluate that and um provide more input on those uh for the whole form based code.

Nice. All right. Any other comment? Good deal. Meeting adjourns. Thank you.