Belleville Planners recommend ordinance change to council

After about 45 minutes of discussion at its Dec. 7 meeting, the Belleville Planning Commission voted unanimously to recommend to city council that it amend the zoning ordinance to allow one-story structures to be built on Main Street, backing off from the two-story requirement now on the books.
Commissioner John Juriga made the motion, seconded by Commissioner Michael Renaud to amend the zoning ordinance’s Section 3.1.7 (D) Building Height and Placement to allow one-story structures with a minimum height of 14 feet plus a façade of four feet or more. The 14 feet should be a clear interior height for at least a depth of 15 feet. The commission passed the motion unanimously.
The meeting started with a public hearing on the zoning ordinance’s height requirement in the B-2 district. The city council had directed the commission to study the height requirement and make a recommendation.
The recommendation for the amendment will be on the Dec. 19 city council meeting agenda and then the council is expected to vote on it at a January meeting.
It all started when Steve Davenport of Davenport Brothers Construction showed up at the Sept. 8 planning commission meeting to tell of his proposal to build a single-story building at 337 Main Street.
The problem was the city requires two-story buildings in B-2 zoning.
Davenport said he made an offer to buy the property and has a tenant which is a financial group and a retail tenant.
“The timeframe is critical,” Davenport said. “I’ve got tenants who would like to occupy the new building … We may lose these tenants.”
At the end of the meeting, after much discussion, planning commission chairman Steve Jones set up a subcommittee to look into the city’s two-story requirement, plus the requirement for retail stores. Volunteers from the planning commission for the subcommittee were Jessie Marcotte, Michael Hawkins, and Matthew Wagner.
And then the city council got involved, directing the planners to come up with a recommendation on the subject of the building height requirement in B-2 zoning.
At the Dec. 7 public hearing Davenport Brothers’ architect Wayde Hoppe asked what the results were of the “task force” on the issue.
Commission chairman Jones said the results were mixed and one member thought it was good to have a height requirement.
Vice chairman Michael Hawkins interrupted Jones’ remarks and said he is the only member of the subcommittee present, since Marcotte resigned to take a seat on the city council and Wagner was absent.
Hawkins said Jones was mistaken about mixed opinions and the subcommittee members all agreed to recommend amending the ordinance to allow one-story buildings on Main Street.
Hoppe said he understands the idea to want taller buildings on Main Street and when property is expensive, you can build upward. But, if that is not the case, it’s less expensive to buy another lot.
“Forcing to go two stories doesn’t make sense for a developer,” Hoppe said. “We have a reason to be downtown. In the future a time may come when you’d want to build up. I would be in agreement with your amendment.”
Hoppe said Davenports could make the building whatever style the city wants.
Steve Davenport said he plans a 1:12 slope roof and he’d rather build a slope than a box.
“This is just a change in the ordinance and has nothing to do with your site plan,” Jones said.
City Councilman Tom Fielder said from the audience that he does not speak for the whole council, but the council is not interested in changing the overall look of the downtown, but to seek alternative to the two-story requirement.
“We want to keep the long-range philosophy you have for the downtown,” Fielder said.
Jeff Vernon asked from the audience if a building could be built with the intention of building up in the future.
“If it’s constructed so you could add an upper story,” Renaud replied.
“There’s no requirement to build a second story,” Hawkins said.
“That would be more of a building department issue than zoning,” said DPW Director Rick Rutherford.
When questions about the roof came up, Hoppe said a low-slope roof is planned, not a shingled roof.
After the motion passed to recommend an amendment to the part of the ordinance on building heights, City Manager Diana Kollmeyer said the ordinance subcommittee wanted to change other things in the ordinance, as well.
Hawkins said since they will soon be working toward a revised master plan, they thought the changes could be worked on in that way.
“We need to start it any day now,” Kollmeyer said of the master plan that must be reviewed every five years.
Hoppe said the ordinance for B-2 zoning requires 50% dedicated to retail and, “Normally, retail follows demand.”
Hawkins pointed out that a developer could seek special land use approval to get relief from the 50% retail requirement.
“If a developer came to the planning commission and said we have 50% retail and 50% not retail and it is approved and later the retail entity leaves and there is only one tenant [an office] so the other space can’t be occupied,” Hoppe said.
Planning consultant Steve Cassin of Giffels Webster said they would need to apply for special land use for a tenant. He said his firm had a similar situation in New Baltimore and they applied for a special land use.
“What if they are denied?” Hoppe asked.
“You have to follow the ordinance,” Cassin said.
Jones pointed out that the city went from 100% retail required to 50% a few years back.
Hoppe said there are three different spaces planned in the building, so two would have to be retail.
Jones called out the names of businesses on that block, with Belles being the only retail.
Hoppe asked if a petitioner can apply in advance for special land use for his building and Cassin said that is not the usual way because the city wants to see if they are compatible.
“We have three tenants who want to move downtown and one is retail,” Hoppe said.
“If I had two retail tenants and they leave in six months and I can’t lease it out, I’m at your mercy in the future,” Davenport said.
“There may be some things we won’t allow,” Jones said.
Juriga said once the new library is built and twice as many people are coming to use it, “It will change the personality of the city.”
Davenport said Van Buren Township is building and there’s something in the ground at Hull Road.
“I don’t like that design,” Jones said of the proposed drawing shown of the Davenport building, noting the frontage for each of the three businesses is too small.
Davenport said the building would be about 6,000 square feet and that would be three spaces of 2,000 square feet. The front of the building, lot line to lot line, is 83 feet across. That would be 26.5 feet each or so, which is suitable for offices.
Rutherford pointed out the council meeting room was 18 feet across.
Davenport said he could build a smaller building for two tenants and not go to the lot lines.
The ordinance says it has to go 90% of the frontage or from lot line to lot line, Renaud said.
Cassin said if they knew who their tenants would be they could apply for special land use in advance. Also, there could be exceptions to the requirement.
Hoppe said the special land use could be tied to the tenant and Cassin agreed, saying there could be a limit of two years or so.
In other business at the Dec. 7 meeting, the commission:
• Welcomed newest members Kelly Bates and Randy Priest. Bates said she was quiet that evening since it was her first meeting, but soon she will be talking a lot. “My dad always thought I should be on the planning commission, God rest his soul,” Bates said. “He’s not here to see it.” She said when she first moved to town she came to city hall to volunteer to help in whichever way she could; and
• Heard Jones said his holiday hope is for a busy new year with lots of development downtown.