VBT planners discuss change in Commercial zoning ordinance

At its regular meeting on March 11, Van Buren Township Planning Commission members briefly discussed proposed zoning amendments to Local Commercial zoning regulations.
Although the wording in the present zoning ordinance is standing in the way of the Hampton Manor 84-bed assisted-care facility proposed for the southeast corner of Morton Taylor and Tyler roads, Vidya Krishnan of McKenna, the township’s planning consultant, said this change is not for this project.
The several parcels proposed for the project are owned by Walter and Joyce Rochowiak, active community members. Walt Rochowiak is a former township board member and presently serves on the Water and Sewer Commission. Joyce Rochowiak serves on the Van Buren Township Downtown Development Authority. Together they run the Garden Fantasy business from their home, across the street from the property in question.
“Recently while working on other ordinance amendments, it came to our attention that the C (Local Commercial) district has a footnote that regulates the size of any single-use building,” Krishnan said.
“Typically, the size of a development in most districts is dictated by required setbacks, greenbelts, parking, storm water detention and other site-design standards in the ordinance that must be met.
“The C district, however, has a limitation on the maximum building size for a single use. To our knowledge no other zoning district limits the principal-use building size. Building size limitations are only used to differentiate warehouses from distribution centers, accessory uses within a large industrial, or office-technology development, etc.
“The intent behind this limitation in the C district was to restrict the traffic generated from any single commercial use. This standard was not intended for residential type uses in the commercial district. (emphasis by Krishnan)
“The background and the intent was determined upon conversation with the planner who worked on the recent complete zoning ordinance update,” she wrote in a memo to the commission.
“The C district currently allows for sit-down restaurants strip commercial buildings, professional medical and dental offices by right. These uses typically occupy a smaller footprint building but generate a significant amount of traffic and road trips.
“To address any concerns that the proposed amendment will result in an increase in traffic generated on a C parcel, we have provided an addendum showing trips generated by some of the uses allowable in the C district per the latest Institute of Traffic Engineers manual.
“Based on the trips generated by commercial uses, the building size limitation for a commercial use is well-placed. However, such a limitation for a residential use is not practical or reasonable,” she said.
“The current C district regulations have been part of the zoning ordinance for over a decade. The township zoning map has a handful of parcels zoned C and no new project has been reviewed on any of these parcels in a very long time. Therefore, when the ordinance was reviewed and updated a few years ago, the provision limiting building size was not scrutinized.
“The intent of the amendment at this time is not to address a specific project, but to correct a requirement of the ordinance that is too generalized and inappropriate for general application,” she said.
“Typically when a new ordinance is adopted, we review the existing ordinance to check for any points of conflict and correct them. However, with a zoning ordinance spanning 348 pages, an occasional point of conflict is overlooked.”
She attached a proposed zoning ordinance update to be considered.
Matthew Best, director of public service, said this is the first step in the process of deciding what to do about the ordinance.
He said the planning commission would take no action today, but where there are gaps in information it should be pointed out and staff will find the information.
A member of the audience, who is a neighbor opposed to the proposed assisted-care project, asked if after this discussion that evening, could this result in a change of the ordinance.
Chairperson Carol Thompson said yes, it could work its way to an amendment.
Krishnan said if the planning commission wants to change the ordinance, they will set a public hearing and the notice will be published in the Belleville-Area Independent, the newspaper of record.
Chairperson Thompson said almost every time they do a change, something comes up and they have to take another look. She said it is not the staff’s fault. She said there are hundreds of pages in the ordinance and they don’t notice a problem until someone comes in and wants to do something.
“We cannot always plan for every eventuality,” Krishnan said.
“Oh, I need to fix this so the project can go through. It’s not that,” Krishnan said.
“We do have a public hearing on this set for March 25,” said Director Best. “We were going to have it at this meeting, but needed to discuss it first.” [Note: The March 25 meeting was canceled.] “Did any other developer look at this site, such as a charter school with lots of traffic?” asked Commissioner Medina Atchinson.
Best said previously people have looked at the parcel and uses proposed were more intensive, such as retail stores. He said that was a while back and they did not come back. He said he did not know of any charter school.
Thompson said the traffic chart from ITE shows the proposed use would have less traffic.
Best asked anyone with questions to email his office and they will try to get answers.
In other business at the 42-minute meeting, the commission:
• Held a public hearing, with no comments, and then approved the rezoning of 3.29 acres at 1043 Savage Rd. from M-1, Light Industrial, to R1-B, Single Family Residential, for applicants Charles and Patricia Reavis. One of them had just been discharged from the hospital, so neither of them was present; and
• Approved temporary land use for TNT Fireworks to conduct an outdoor fireworks tent sale in the Walmart parking lot at 10562 Belleville Rd. from 9 a.m. to 10 p.m., June 22 to July 5, after review by the fire department. Under the ordinance, if the temporary land use is over seven consecutive days, it has to have approval of the planning commission. This is the sixth year TNT has been approved.
Vice chairman Don Boynton and Commissioner Joan Franzoi were absent from the meeting.