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The Algonac City Council voted to introduce three zoning ordinance amendments at its Dec. 6 meeting.
Council members unanimously approved the introduction of an amendment to Chapter 50 “Zoning,” by adding Article VI-A “Algonac Elementary Overlay District.”
“Since 2017, Algonac has been proactively seeking development of the former Algonac Elementary School,” Mayor Rocky Gillis said. “Many parties have been interested, but none have committed. In 2021, the city council commissioned an architect to prepare a development analysis of the former school to facilitate its future evolution. Flexibility is critical, as the school could evolve slowly through small, incremental changes or rapidly with a large-scale, mixed-use redevelopment.”
“To encourage development and protect the best interests of the city, this proposed Ordinance Section 50-180 ‘Algonac Elementary Overlay District’ establishes, in broad terms, a vision for the former school,” he continued. “An overlay is a regulatory tool that creates a special zoning district, placed over an existing base zone — currently R-2, one-family residential — which identifies special provisions in addition to those in the underlying base zone.”
He said the proposed ordinance addresses several items, including:
• A comprehensive, collaborative review process where dynamic uses like restaurant, retail, food and beverage, entertainment, hotel, medical and health care facilities, educational and vocational training, offices, residential, and/or public uses are encouraged.
• An environment that allows for a high intensity/density of overall site usage, using building design, use, orientation and abundant landscaping to minimize impacts on adjacent properties.
• Safe and efficient access and onsite circulation for cars and pedestrians.
• Flexibility in the mixture and types of layouts, building designs and overall uses that can be responsive to changes in market demands.
• Active and passive recreational spaces, civic spaces, public art opportunities and natural landscaping.
• The goals of the city master plan.
“Any proposed development in the overlay district would follow the established (Planned Development District), and a developer would request preliminary plan approval from the planning commission, who holds a public hearing and forward recommendations to city council to approve or disapprove,” Gillis said. “If the city council approves, the developer prepares an (overall) site plan and proposed construction schedule and goes back to the planning commission for final site plan approval. No second public hearing is required. The planning commission recommendation is then sent to the city council for approval or denial. If city council approves, the developer can then begin preparing plans and specifications and pursuing building permits.”
In addition to the PDD process, the overlay district would require a mutually agreed upon development agreement between the city and the developers to accomplish the goals of the district, he continued.
“The overlay district offers more flexibility for a developer, more control for the city and can prevent certain uses currently permitted that would not likely be ideal for the city,” he said. “For example, currently one of the ‘principal uses permitted’ on the school property is a cemetery. Under the existing zoning, it is unlikely the city council could prevent this development from happening. In addition, one of the current ‘uses permitted with special conditions’ is an adult foster care facility. While this use would need approval from the planning commission with a public hearing and city council (approval), it is unlikely the use of the property as an adult foster care facility could be denied.”
The ordinance was drafted by the city attorney and the planning commission recommended adoption of the ordinance amendment at its Aug. 22 meeting.
“I fully support this ordinance,” council member Dawn Davey said. “I’ve read it up, down and sideways; it’s a very good ordinance. That being said, the history of the tensions that have gone on regarding that property, I fully believe that we need to find a way to make sure that the residents understand that this is a good ordinance, because I don’t want it to end up being where, ‘Oh, they’re trying to put one over on us,’ because it very easily could go that way if this ordinance isn’t fully understood by the people in the city.”
She asked how many people would pull up the ordinance and read it through, adding that she asked for a public hearing at the Aug. 22 planning commission meeting and a city council meeting.
Gillis said it is the council’s job as the elected body to push the message of the ordinance out.
“It’s been our attorney’s … recommendation to follow procedure on a public hearing, and I’m willing to follow his recommendation,” Martin said.
Davey made the motion to introduce the amendment, which was unanimously approved.
Additionally, council members approved the introduction of an amendment to Chapter 50 ‘Zoning,’ Article VIII ‘CBD Central Business District,’ Section 229 ‘Principal Uses Permitted,’ by amending subparagraph 22.
“The Central Business District ordinance is designed to provide for a mix of uses in a compact setting,” Gillis said. “Currently, single- and mixed-use developments containing retail, office, residential and/or public uses are permitted in the district.”
The amendment would add two paragraphs to the ordinance to ensure any new developments also agree with the goals set forth by the master plan.
“Amendments to the zoning ordinance are drafted by the city attorney,” Gillis said. “City ordinances outline the process the city is required to follow when amendments or changes are made. Per the city attorney, this process does not permit random changes, like the addition of a public hearing where one is not required. When there is a request to amend or change a zoning ordinance, the request first goes to the planning commission for a recommendation to city council to approve or disapprove. No public hearing required. The planning commission recommendation is introduced at the first city council meeting and adopted or denied at the second council meeting.”
He said the planning commission recommended adoption of the ordinance at the Aug. 22 meeting.
Mayor Pro Tem Raymond Martin made a motion to introduce the amendment. The motion was unanimously approved.
The council also discussed the introduction of an amendment to an ordinance of the city of Algonac, St. Clair County, to amend Chapter 50 “Zoning,” Article IX “GB General Business District,” Section 257 “Principal Uses Permitted,” by amending subparagraph 15.
“The General Business District is designed to provide for the same uses allowed in the Central Business District, along with a variety of more diverse (businesses) often located to serve passerby traffic, like a veterinary clinic or a dry cleaner,” Gillis said.
The same paragraphs were suggested to be added to the ordinance in order to ensure any new developments also agree with the goals set forth by the master plan. The planning commission recommended adoption of the ordinance amendment at its Aug. 22 meeting.
Council member Michael Bembas made a motion to introduce the amendment. The council unanimously approved the motion.
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