Planning Commission

AGENDA PLANNING COMMISSION MEETING Date: Wednesday, September 23, 2020 Time: 4:00 P.M. Via: ZOOM Virtual Meeting TO PARTICIPATE IN PUBLIC COMMENT: Zoom Telephone Number: 312-626-6799. The caller will be prompted to enter the meeting ID number: 919 2417 9630. The caller will be placed into a virtual “waiting room” until it is their time to speak during public comment. 1. Call to Order 2. Attendance 3. Approval of Minutes – A. July 22, 2020 regular meeting minutes B. August 26, 2020 workshop minutes 4. Correspondence 5. Additions or Deletions to the Agenda A. Consider moving agenda item 7.A to before the ZOMA public hearing (6.A) 6. Public Hearings/Deliberations: A. #A-01-20: A public hearing to consider the adoption of an updated and reformatted Zoning Ordinance and Map (ZOMA) for the City of Battle Creek. The proposed ordinance provides updated definitions, combines zoning districts that have historically functioned the same, updates the list of permitted and special uses for each district, allows for mixed commercial and residential used in structures along core commercial corridors, and corrects several legal nonconforming issues. The zoning ordinance has re-formatted to make it easier to read and utilize in electronic and printed format. In addition a revised zoning map is being proposed to reflect the updated zoning districts proposed by the ordinance and correct legal nonconforming issues. Draft ordinance and map found here: www.battlecreekmi.gov/planning 7. Old Business: A. #Z-01-20: Petition from Stetler Built Homes, Inc., at 291 N. 20th St., Springfield, MI 49037, requesting to allow increased density of lots 34-46 of Huntington Hills from PURD Residential and Agricultural to MDMF-Medium Density Multiple Family zone on vacant land known as Huntington Hills, Calhoun County Subdivision Plan No. 30. 10 N. DIVISION ST. P.O. BOX 1717 BATTLE CREEK MICHIGAN 49016-1717 PHONE (269) 966-3320 FAX (269) 966-3555 WWW.BATTLECREEKMI.GOV  Page |2 Agenda, cont. 9.23.20 PC 8. New Business: 9. Comments by the Public 10. Comments by the Staff and Commission Members 11. Adjournment Respectfully Submitted, Christine M. Zuzga, AICP Executive Secretary, Planning Commission 10 N. DIVISION ST. P.O. BOX 1717 BATTLE CREEK MICHIGAN 49016-1717 PHONE (269) 966-3320 FAX (269) 966-3555 WWW.BATTLECREEKMI.GOV  Planning Commission Minutes - DRAFT July 22, 2020 Page 1 of 4 BATTLE CREEK PLANNING COMMISSION MEETING MINUTES Wednesday, July 22, 2020 Location: Virtual Meeting 1. Call to Order: Chairperson Buscher called Meeting to order at 4:01. 2. Attendance: Members Present: Susan Baldwin Robert Whitfield John Stetler Joe Soberalski John Godfrey Cody Newman Daniel Buscher Lynn Ward Gray Chip Spranger Staff Present: Christine Zuzga, Planning Manager, Planning Dept. Marcel Stoetzel, Deputy City Attorney Marcie Gillette, Community Services Director Sarah VanWormer, IT Director 3. Additions or Deletions to the Agenda: NONE 4. Approval of Minutes: Meeting Minutes Special Meeting January 7, 2020. MOTION WAS MADE BY COMMISSIONER GODFREY AND SUPPORTED BY COMMISSIONER NEWMAN, TO APPROVE THE PLANNING COMMISSION MEETING MINUTES FOR THE SPECIAL MEETING ON JANUARY 7, 2020. ALL IN FAVOR 9-0, NONE OPPOSED. 5. Correspondence: Planning Manager Zuzga stated that she received three pieces of correspondence, all which were forwarded to the Planning Commission in advance of the meeting and additionally placed on the City website relative to the meeting packet: Email from Matthew Griffiths, outlining his opposition to agenda item 6a, request for conditional rezoning at Huntington Hills. Email from Clarence and Debbie Kimber, outlining their opposition to agenda item 6a, request for conditional rezoning at Huntington Hills.  Planning Commission Minutes - DRAFT July 22, 2020 Page 2 of 4 Packet of documentation from Scott and Jennifer Peavy, submitted on behalf of 75 property owners in Huntington Hills, outlining their opposition to agenda item 6a, request for conditional rezoning at Huntington Hills. 6. Public Hearings and Deliberation/Recommendations: A. #Z-01-20: Petition from Stetler Built Homes, Inc., at 291 N. 20th St., Springfield, MI 49037, requesting to allow increased density of lots 34-46 of Huntington Hills from PURD Residential and Agricultural to MDMF-Medium Density Multiple Family zone on vacant land known as Huntington Hills, Calhoun County Subdivision Plan No. 30. Commissioner Stetler announced that as the petitioner, he is recusing himself from the presentation and the discussion relative to the request. Chairperson Buscher opened the public hearing and asked first for a presentation by the petitioner, followed by any public comment. Annie Stetler, Stetler Built Homes, presented the request to conditionally rezone a section of land that had originally been approved as 13 single family homes due to changing housing market and real estate demands. If approved, the development would include ten duplex buildings and eleven single family homes. Prior to submitting the request, they surveyed realtors, appraisers, and consumers to determine what the current needs are. Based on this and national trends, the demand for smaller, attached condo units targeted for aging population became a priority. The proposed units would be approximately 1,350 square foot in size, each with two car attached garage, and price point of $280,000. A similar duplex is currently under construction by Stetler Built Homes on Gethings Road and the south end of Huntington Hills. Sarah VanWormer, IT Director, announced each member of the public that wished to speak during the public hearing: Tracy Aicher, no comment at this time. Christine and Mark Wentworth, 119 Barrington. Opposed to the request. Bought home understanding there would be single family homes built. Sharon Yaskulski. Supportive of quality new housing in a wonderful setting, to encourage people to move to Battle Creek. Does encourage protection of natural area. Jon Melges, 146 Barrington. Opposed to the request. Requesting a 30-60 day postponement so all the residents have more time to seek additional information and legal options if necessary. Questioned public noticing requirements. Jim and Karen Rich, 182 Barrington. Opposed to the request. Concerns with traffic, and property values of existing homes.  Planning Commission Minutes - DRAFT July 22, 2020 Page 3 of 4 Chris Wilhelmson, 128 Barrington. Opposed to the request. Concerns with traffic and developer seeming to change the rules. Mark Wentworth, 119 Barrington. Added that the condos already in the neighborhood are separate from single family homes and have their own entrance. Sandra Melges, 146 Barrington. Their neighborhood is safe with low traffic and this will change with addition of condos. Stated that there has been some new single family construction within one miles of Huntington Hills so feels there is a market for that type of construction. Jeff Williams, 166 Kensington. Recently heard about the request and would like to request a postponement. Jennifer Peavy, opposed to the request. Wanted to clarify that the HOA did receive an email but that no meeting occurred to discuss the request. Stated she feels that traffic would increase if the rezoning is approved. Knows of two neighbors that did not receive a notice. Scott Peavy, 135 Barrington. Strongly opposed to the request. This would be a significant change from what they, and others, bought into. David and Patricia Latimer, 127 Barrington. Opposed to the request based on other concerns addressed by other residents. Julie Rabbit, resident of Huntington Hills. Opposed to the request. Concerns of traffic, existing condos have two means of ingress and egress. Curious about square footage and price points. Adolfo and Esther Vasquez, 101 Barrington. Requesting more time to express their voices. Concerns of traffic and affects to property values. Debbie Kimber, 190 Kensington Circle. Concerned about the wildlife in the area that has become naturalized, and also stormwater management. Tom Drew, 227 Barrington Circle. Opposed to the request, and reinforces what other neighbors have said and requests extension of time. Jigar Patel, 196 Kensington. Opposed to the request. Different than what he bought into 6 years ago. Michelle Williamson, 178 Kensington. Her and her husband agree with other comments, would like more time. Concerns about water runoff. Matthew Griffiths. Agree with everything already said. Developer hasn’t fulfilled his obligations, including the walking path, and thinks he should complete those first before being allowed to change.  Planning Commission Minutes - DRAFT July 22, 2020 Page 4 of 4 Ranbir, 147 Barrington Circle. Concerns with safety of children, lack of communication, loss of privacy, especially as the driveway would be right next to their driveway. Heath and Rick McKendrick, 221 Barrington. Request postponement and encourage developer to have meetings with residents. Chair Buscher closed the public comments. Comments by the Staff and Commission Members: Planning Manager Zuzga outlined the request, and that staff is recommending approval based on findings listed in the staff report, and it is her opinion that it meets criteria established under case law including consistency with the master plan and future land use. Zuzga noted that public hearing notices were published and mailed as required by State law. Notices were mailed to 78 owners and occupants of properties located within 300 feet of the subject parcel. No notices had been returned to the City as undeliverable. A MOTION WAS MADE BY COMMISSIONER SPRANGER, SECONDED BY COMMISSIONER GODFREY, TO POSTPONE THE REQUEST UNTIL THE SEPTEMBER 23, 2020 PLANNING COMMISSION MEETING. Multiple Commissioners expressed support for the postponement. Commissioner Soberialski stated there is a real need for housing and housing options in the City and thanked Stetler Built Homes for considering options. A VOTE WAS TAKEN ON THE MOTION TO POSTPONE. 8-0-1 (COMMISSIONER STETLER ABSTAINING FROM THE VOTE). MOTION CARRIED. 7. Old Business 8. New Business: Election of 2020 Officers – Chair and Vice-Chair COMMISSIONER GODREY MOTIONED TO MAINTAIN THE EXISTING SLATE OF OFFICERS FOR CHAIR AND VICE. COMMISSIONER SOBERIALSKI SECONDED. With Jim Hopkins, the current vice-chair, no longer serving on the Planning Commission, a new vice-chair would need to be selected. COMMISSIONER GODFREY AMENDED HIS MOTION TO NOMINATE COMMISSIONER GRAY TO SERVE AS VICE CHAIR, WITH DAN BUSCHER REMAINING AS CHAIR. COMMISSIONER SOBERIALSKI SECONDED. MOTION CARRIED 9-0 9. Comments by the Public None 10. Comments by the Staff and Commission Members None 11. Adjournment at 5:13pm.  Planning Commission Minutes - DRAFT August 26, 2020 Page 1 of 2 BATTLE CREEK PLANNING COMMISSION WORKSHOP MINUTES Wednesday, August 26, 2020 Location: Virtual Meeting 1. Call to Order: Chairperson Buscher called Meeting to order at 4:00. 2. Attendance: Members Present: Susan Baldwin Lynn Ward Gray John Stetler Joe Soberalski John Godfrey Cody Newman Daniel Buscher Chip Spranger Staff Present: Christine Zuzga, Planning Manager, Planning Dept. Marcel Stoetzel, Deputy City Attorney Glenn Perian, Senior Planner Chad Frein, Business Analyst, GIS Manager 3. Additions or Deletions to the Agenda: NONE 4. Correspondence: NONE 5. ZOMA (Zoning Ordinance and Map) Presentation Planning Manager Christine Zuzga presented to the Planning Commission on the upcoming zoning ordinance and map amendment, and introduced Paul Lippens, McKenna, the consulting firm contracted to assist with the project. The main priorities of the update is to bring the ordinance and map in line with the 2018 Master Plan, to ensure consistency with MZEA and MPEA, to make it easier to use for everyone, remove redundancy’s, allow for opportunity for redevelopment along key commercial corridors, and fix historical zoning issues including legal nonconforming properties and uses. The process included reviewing previous ongoing evaluation of existing ordinances and zoning map for issues and concerns, diagnostic review by McKenna, reviewed requests from the public – what they would like to see and what they would not like to see. . Engagement started with the Master Plan, and continued into the fall 2019 with a three day charrette for input on neighborhoods and corridors to test the existing ordinances and determine areas for change. Additionally, there were multiple meetings scheduled with the technical committee to review various elements of the draft ordinance and map.  Planning Commission Minutes - DRAFT August 26, 2020 Page 2 of 2 With significant revisions to the ordinance in the last five years, including parking, landscaping, fencing, site plan review, etc. there are very little regulatory changes being proposed. The new ordinance will provide flexibility for uses, especially along key commercial corridors leading into downtown (Main, Michigan, Capital NE, SW) where, in many cases, the existing zoning has inhibited potential use/redevelopment of properties. There will also be changes to the map to reduce issues with nonconforming parcels/uses. The next steps include: 8/24 to 9/2 Detailed review of draft map ordinances; quality control; testing ordinances and maps to ensure objectives are being met. 8/24 to 9/2 9/2 Comments back to McKenna for revisions 9/8 Online ordinance and interactive map for public review 9/8 Publish public hearing notice in the Battle Creek Enquirer 9/8 to 9/15 Engagement and info to the public, possible small group discussions 9/23 Public Hearing at the Planning Commission meeting 10/6 Introduction at City Commission meeting 10/20 Adoption at City Commission meeting The draft map and ordinance will be sent to the Planning Commission and the Technical Committee with request for their review as well. This will help vet the ordinance and map and help staff provide quality control. Chair Buscher opened up opportunity for Commissioner comments: Commissioner Gray suggested also publishing the public hearing notice in the Battle Creek Shoppers as well as the Enquirer. Commissioner Baldwin suggested following the above timeline to allow for review and adoption by the sitting Commission. Commissioner Stetler suggested an interview on WBCK radio. 6. Comments by the Public: Paul Lippens, McKenna, thanked the Commissioners for their time. Stated he is pleased that after a hiatus due to COVID, that everyone could regroup to get the draft complete and ready for public input and eventual adoption. 7. Comments by Staff and Commission Members: Chad Frein indicated there were no members of the public waiting on Zoom, nor on Facebook live, wishing to speak. 8. Adjournment: Chairperson Daniel Buscher adjourned today’s meeting. All in favor, meeting adjourned at 4:38 P.M. Respectfully Submitted: Christine Zuzga, Planning Manager, Planning Dept.  Battle Creek City Planning Commission Addendum to the staff report – September 23, 2020 meeting To: Planning Commissioners From: Christine M. Zuzga, AICP, Planning Manager Subject: Coversheet/Addendum for Petition Z-01-20, request for a conditional rezoning of thirteen parcels in Huntington Hills to allow mixed residential density. Attachments: Attached to this coversheet/addendum are the following documents:  Correspondence submitted for the September 23, 2020 meeting, as of 5pm Thursday, September 17th: • Letter from Carl Fedders, Director, City of Battle Creek Department of Public Works • Letter from Annie Stetler, Stetler Built Homes • Letter from Super Common Elements of Huntington Hills HOA Board • Compiled Letter and Information submitted on behalf of the neighborhood • Letters from individual residents (18)  Staff Report for Petition Z-01-20, submitted for the July 22, 2020 meeting  Application submitted by Stetler Built Homes Meeting Agenda / Process As this request was postponed from the July 22, 2020 meeting, after the required public hearing, this issue is considered Old Business and placed on the agenda in accordance with the Planning Commission bylaws, Article VI, which outline the order of the meeting. The bylaws allow for the order of business to be changed upon consent of a majority of members present at the meeting. Due to other potentially lengthy agenda items, and the amount of public expected to participate in the meeting for this petition, I have added to the agenda a request to move this petition to before the public hearing on the zoning ordinance and map. As the required public hearing was held at the July meeting, the discussion at this meeting will not be a formal public hearing. However, in speaking with Chair Buscher, opportunity for public comment will be provided for prior to the Planning Commission deliberation. Deliberation and Action by the Planning Commission With any rezoning request, the complete application including any and all parameters and conditions included by the developer should be considered, and evaluated as to the consistency with the Master Plan; the capability and capacity of the existing street system, infrastructure, and utilities; and the compatibility of the proposed use with the existing zoning and land uses in the vicinity.  Petition No. Z01-20 Addendum Stetler Homes_Huntington Hills Cond. Rzng Page 2 of 2 With a rezoning, the Planning Commission cannot impose any conditions to the request, and shall take action based upon the merits of what was submitted by the applicant. It is imperative that the findings and justification for any action taken by the Planning Commission are discussed and included as part of a motion. After deliberation, the Planning Commission can take action in the following ways: 1. Recommend to City Commission approval of the request as submitted, citing specific findings as to how the request meets the criteria listed above. 2. Recommend to City Commission denial of the request as submitted, citing specific findings as to how the request does not meet the criteria listed above. 3. Postpone the request until a date certain, with specific reasons and/or requests of the applicant that would provide additional information tied to substantiating if/how the request meets the applicable criteria.  August 31, 2020 To: Christine Zuzga, AICP Planning Supervisor From: Carl Fedders, PE DPW Director Re: Huntington Hills Conditional Rezoning Request The Department of Public Works (DPW) has reviewed the petition from Stetler Built Homes, Inc. from the July 22, 2020 Planning Commission meeting. It is our understanding that if the conditional rezoning request was approved the development would be allowed to change the existing plan from 13 residential parcels to 11 single family homes and 10 duplexes. Various divisions within the DPW reviewed the existing infrastructure which would be impacted by this change and believe it can be successfully managed. We have reviewed the sanitary sewer system, water system, storm sewer system and street system and do not find any capacity concerns. To evaluate the change in traffic, common trip generation rates were used from the 10th edition of the Trip Generation Manual from the Institute of Transportation Engineers. As originally proposed the 13 single-family detached residential units would generate approximately 13 trips during the peak hour and 122 daily trips. The proposed change would generate approximately 33 trips during the peak hour and 250 daily trips. While these projections are theoretical, they do not raise any capacity concerns. Using the same method, the current theoretical peak and daily trip rate for the current conditions are 22 and 208 respectively. In response to the increase in traffic volume the DPW may consider restricting parking on one side of Barrington Circle N. We are in the process of gathering current traffic counts to confirm these assumptions. Approval of the site plan will require detailed engineering review. This memo does not relieve the developer of this requirement. Additionally, the Department of Environment, Great Lakes and Energy will be need to issue the necessary permits prior to the extension of public utilities. Please feel free to reach out to me with any additional questions. 150 SOUTH KENDALL STREET BATTLE CREEK MICHIGAN 49037 PHONE (269) 966-3343 WWW.BATTLECREEKMI.GOV  Super Common Elements of Huntington Hills HOA Board September 14, 2020 To the Battle Creek City Planning Commission, This letter pertains to the Stetler Built Homes conditional rezoning request (#Z-01-20) being re- discussed at the September 23, 2020 Planning Commission meeting. The HOA board of the Super Common Elements of Huntington Hills has been asked to provide a letter stating the position(s) of the home owners. The Huntington Hills property contains 203 individual units made up of a mix of condos and homes. The condos occupy a space called The Commons while the single-family homes occupy streets entitled; Abbington, Kensington, and Barrington (referred to as the ABKs). The Barrington Villas are proposed for development within the single-family homes off of the Barrington neighborhood with visual impacts to the Kensington neighborhood. There are approximately 141 single-family homes in the ABKs and 62 condos in the Commons. Of those, 115 (108 from ABK and 7 from the Commons) have signed a letter opposing the rezoning request to allow the development of the Barrington Villas. The remaining property owners’ opinions are not officially known. The HOA Board would like the City to be aware of the known opinions in the neighborhood. Sincerely, The Super Common Elements of Huntington Hills HOA Board Mark and Tracy Aicher 233 Kensington Cir. Battle Creek, MI 49015 September 15, 2020 City of Battle Creek Planning Commission 10N Division St. Suite 117 Battle Creek, MI 49014 Dear City Planning Commission, This letter is in reference to the “Conditional Re-Zoning #Z-01-20” Petition from Stetler Built Homes Inc. As the homeowners and residents of The Kensingtons, Huntington Hills, we strongly oppose the proposed zone change from the 13 “single family home lots” to 31 attached dwelling/Villas. Our concerns are as follows: 1. The zoning change would completely disregard the original intent of the Huntington Hills Development and Neighborhood as it was proposed to each of us as we either built or purchased our homes (or building lots) from Stetler Built. At the point of sale we were told by Stetler Built or representative that the Huntington Hills Neighborhood design would be comprised of 1 condo Section (the Commons) and 3 single family neighborhoods, the Abbingtons, Kensingtons and the Barringtons. Each of these neighborhoods would have to comply with the minimum specifications set forth by Stetler Built. There would be minimum lot sizes, square footage, and price parameters that would have to be met before anything could be built. Those were explained in detail and documentation was provided pertaining to the deed restrictions, plat maps, common areas, amenities etc. set forth in the Purchasers Information Booklet and by signs that were posted at the entrance to the neighborhood with price value ranges stated for each. A zoning approval change would completely disregard what was proposed and sold to us many years ago. The portion of land that Stetler Built is requesting the zone change in is in the Barringtons, which is supposed to have the highest minimum requirements. Single family houses with the largest lots, the largest square footage, and the highest beginning values ($350,000 and up as was stated on the signs). They want to replace that with multiple condos, that do not comply with those minimum requirements. Per the by-laws, Article VI Restrictions, the Barrington’s are supposed to have no less than 3 and no more than 4 car garages. This would not be in compliance. For one and a half to two story dwellings the minimum square footage exclusive of garage, porch and decks is to be 2,600 square feet. This would not be in compliance. Based on the diagram provided, Stetler Built would also be out of compliance with the minimum lot size for two reasons – the 13 individual lots would disappear and be owned by the corporation and they would also not comply with the minimum requirement set forth under Article VI section (m). We would rather see the Stetler’s keep their word and finish that portion of the neighborhood with 13 single family houses that meet the minimum requirements. Or, if it must be condos, then 13 individual condos that meet the minimum requirements. 2. This proposed change from 13 new structures to 31 new structures would increase traffic substantially for all residents. From the main thoroughfare’s that all use, to especially the Barringtons. The additional structures/condos (which we would assume have 2 car garages – which again is not in compliance with minimum specs) have to potential to add an additional 60 plus cars to the neighborhood on a daily basis. This additional traffic comes with and causes other issues. 3. Additional wear and tear to our streets and amenities. 4. Additional safety issues for the children, pedestrians, and other activities of our neighborhood. Besides kids just playing by their own homes, the neighborhood amenities were set up off of the main thoroughfares. To utilize these our children must walk, run or ride a bike to get to these structures. These include a children’s playground, basketball court, soccer net, tennis courts, and walking trails. Many of the walking trails cross the main thoroughfares or other roads in the neighborhood. Many of us purchased houses in Huntington Hills because of the safety that a subdivision provided for ourselves and our children. This zoning change would increase the risk to our overall community, and it is one that we collectively were not planning on. 5. This has the potential to substantially decrease our property values. By building condos that are much smaller, and that do not meet the minimum specs set forth by Stetler Built in the first place for this part of the neighborhood, in addition to other issues stated in this letter, our collective resale values could be impacted in a negative way. 6. None of our neighborhoods are finished now. After approx. 20 years of development, none of the neighborhoods (The Commons, Abbingtons, Kensingtons or Barringtons) are complete. There are still many lots to build upon. There has been very little progress over the last several years to complete the neighborhoods by Stetler Built. A lot of the progress that has happened was completed by other builders such as Allen Edwin. We have concerns that this new project if approved could end up in a similar situation resulting in years of construction, hassle and eventually not comply with the by-laws of our community. 7. We already have drainage pond issues of overflowing with heavy rains. When this happens the water approaches many of the actual dwellings of our residents who reside in the Kensingtons and Barringtons. Will this be tied into our already stressed water drainage systems? Will there be adequate room to construct new ones? Will the additional units cause major problems in regard to this? If it does, who bears the cost to fix? 8. Based on the proposed diagram provided and the aerial photograph, it appears that the change from single family to condos will overcrowd the proposed area. It does not look like it will fit the amount of land that is in question without giving an overcrowded unappealing look to that area. The by-laws set up certain restrictions to keep the appearance of the neighborhood aesthetically appealing.  Thank you taking the time to read and review our concerns. We realize that there is a business here that wants to make money, but this is where we live. Several hundred of us were sold a different bill of goods and what is proposed now is far from that. Sincerely, Mark and Tracy Aicher 233 Kensington Cir 906-553-3199 9/16/2020 Mail - Christine M. Zuzga - Outlook Conditional Re-Zoning #Z-01-20 Asif, Muhammad <Muhammad.Asif@kellogg.com> Wed 9/16/2020 2:01 PM To: Christine M. Zuzga <CMZuzga@battlecreekmi.gov> Email sent from outside of the City of Battle Creek. Use caution before clicking links/attachments. September 16, 2020 10N Division St. Suite 117 Ba le Creek, MI 49015 Dear City Planning Commission, This le er is in reference to the “Condi onal Re-Zoning #Z-01-20” Pe on from Stetler Built Homes Inc. I am resident of the area and I strongly oppose the proposed zone change from 13 single family homes to 11 single condos and 10 duplex condos for a total of 31 units because of following reasons; 1. Safety issue: The proposed road going to the new zone is turning le just a er few feet from my driveway and then run parallel to it. This poses a sever safety concern not only for me but for my kids as well. My youngest is about two and half years old and he loves to play in yard but once there would be tons of traffic of construc on vehicles and a blind turn next to my driveway it would be impossible for me to let him play outside. 2. This is very quiet neighborhood and that was one of the reasons we purchased home here to raise our kids regardless the tax we pay is very high. With the new proposed condos instead of single-family homes, the peace of this whole area is going to be disturbed significantly. Just imagine 62 cars of residents, then visitors especially on the events like thanksgiving, going to be big mess. Other noise and pollu on will be created by construc on vehicle and the me when they will cut very nice lush green trees and will level grounds to build homes. 3. Communica on about this zoning was not properly conveyed to us. 4. We also no ced that price of our homes is also going to affect by these condo construc ons. People will not purchase home on busy street and in busy neighborhood therefore we will lose money as we will sell our houses. 5. There is only a single road passes in-front of our house which is going to bear the whole load of construc on vehicles and then residen al cars. Therefore, its wear and tear would be very rapid as the traffic is going to high significantly. As homeowners, and a responsible taxpayer, I would like to express my concerns about changing the zone from single-family homes to condos. Thanks and have great day Muhammad Asif 143 Barrington Cir. Ba le Creek, MI 49015 https://outlook.office.com/mail/inbox/id/AAMkAGM0MjYzMzg1LThjMTItNDcwOS1iNTc4LWE5YmE2Y2U5ZTQ4MwBGAAAAAADePsZrdMbFSLjuHlAzX… 1/1 To Whom It May Concern, As a resident of the Hungtington Hills neighborhood and a homeowner in the Barringtons, I am greatly concerned over the rezoning proposal being planned by Stetler construction. My main concerns are the following: 1.) Increased traffic on all our roads, overcrowding on our walking trails, tennis courts and play ground is highly concerning from a safety standpoint. 2.) I have 5 year old twins that play outside. Since there are no “sidewalks” on Barrington Cr, we generally have to use the road. The amount of traffic that is expected would present a significant safety concern. The road that leads to the proposed development area is being cut right in the middle of Barrington Cr. Not far from our home (170). This is unacceptable. 3.) The condo’s that are being proposed would decrease our home value considerably. It would generally take away from the appeal of The Huntington’s. This is a safe and friendly neighborhood. We do NOT want that to change. Thank you for your time in allowing us to voice our concerns. Sincerely, Ali Ghasham, M.D Fidaa Beiz 170 Barrington Cr 407-394-7416 9/16/2020 Mail - Christine M. Zuzga - Outlook Opposing Huntington Hills Rezoning by Stetler (Letter #2) m wrslr <matthew.griffiths@my.wheaton.edu> Tue 9/15/2020 8:49 PM To: Christine M. Zuzga <CMZuzga@battlecreekmi.gov> Email sent from outside of the City of Battle Creek. Use caution before clicking links/attachments. To Whom It May Concern: I am writing for a second time in regards to the proposal set forth by Stetler Built Homes to rezone lots 34-46 of Huntington Hills. As a resident of Huntington Hills, 126 Abbington Court, I continue to be firmly against this proposal. I understand that there is demand in Battle Creek for new construction, and also demand for condos. Both of these are excellent things in their own right, but to put it simply: Stetler Built Homes developed their own contract when they developed Huntington Hills and they are now trying to change said contract while ignoring the other party, the residents of Huntington Hills. Our HOA has rules and regulations and for those to be ignored is tantamount to breach of contract. How does Stetler Built Homes plan to compensate the current residents of Huntington Hills with this proposed change? I have written below some specific issues that I have with this proposal, but please know that my earlier stated concerns continue to be in effect: 1. Stetler Built Homes claims that simply building new construction will maintain home values. This is untrue and he knows this. Property values are determined by average price of homes in a given area and “comps." This is the entire reason that HOAs even exist…to protect the values of the homes by controlling what else may enter the neighborhood. Building multiple less expensive condos will bring down the values of the neighboring homes by diluting the average home price. 2. Our neighborhood is split into 4 sections (The Commons, The Kensingtons, The Abbingtons, and The Barringtons), and none of those sections are completed. Stetler Built Homes has claimed multiple times that The Kensingtons are full. In fact, there are at least two lots that are sitting empty and they are not maintained properly. If new construction is what is needed, and at lower price points than The Barringtons, then focus on building quality single units that meet the requirements of The Kensingtons and The Abbingtons at that lower price point. This process has actually worked quite recently. There is a home that was finished in 2019 on Queens Ct in The Kensingtons that sold shortly after being completed. Therefore, there is a market for single units and would maintain the intended use for Huntington Hills. 3. Stetler Built Homes is already in violation of their agreement with our HOA. They have not completed the walking path that we pay for with our monthly HOA dues. Personally, I would like to see that the walking paths be completed in their entirety before any further building takes place or continues that will increase foot traffic on the already shortened paths. 4. Stetler Built Homes has also violated their agreement with our HOA by allowing other builders to purchase lots and build homes that do not meet the neighborhood requirements. Furthermore, while there has been significant discussion over the last 2 months regarding this proposal, I am still concerned with how it was initiated. As a member of the Huntington Hills community I should have been informed from the very beginning, and as the zoning board is aware this did not occur. https://outlook.office.com/mail/inbox/id/AAMkAGM0MjYzMzg1LThjMTItNDcwOS1iNTc4LWE5YmE2Y2U5ZTQ4MwBGAAAAAADePsZrdMbFSLjuHlAzX… 1/2 9/16/2020 Mail - Christine M. Zuzga - Outlook Lastly, significant changes to the HOA bylaws requires a 2/3’s vote by the co-owners of Huntington Hills. Stetler Built Homes is describing this proposal as a “small change” in an attempt to skirt this voting requirement, per Article X, subsection B.3 on page 15 of the original Master Deed. I would not describe this zoning change as “small” in both the change or the effects of the change, and therefore a vote by co-owners should take place before any zoning change proposal is decided or enforced. Thank you, Matthew Griffiths 331-452-4301 https://outlook.office.com/mail/inbox/id/AAMkAGM0MjYzMzg1LThjMTItNDcwOS1iNTc4LWE5YmE2Y2U5ZTQ4MwBGAAAAAADePsZrdMbFSLjuHlAzX… 2/2 9/14/2020 Mail - Christine M. Zuzga - Outlook conditional re-zoning #Z-01-20 Jeff and Cheryl Haring <jcharing1@att.net> Fri 9/11/2020 4:23 PM To: Christine M. Zuzga <CMZuzga@battlecreekmi.gov> Email sent from outside of the City of Battle Creek. Use caution before clicking links/attachments. We would like to use this opportunity to express our opinion(s) on the possible rezoning in Hun ngton Hills neighborhood. I believe you have already received a group packet that has the signatures of many homeowners who are opposed to the rezoning of our neighborhood, including us. This email serves as another chance to let the Planning Commission know where we stand. We bought our property in 2001 and have enjoyed the neighborhood and have appreciated the con nual development of the Hun ngton Hills subdivision over the years. That being said, we bought it with the understanding that the undeveloped areas in our subdivision were zoned for specific uses and designs (condos vs individual houses). Although we understand Stetler Construc on would like to build condos because that is what is selling in the current housing market, it goes against the legal contracts and by- law agreements that each and every (individual home) buyer signed when they bought their property. For Stetler to come back now and say they want to rezone the neighborhood because they can’t sell single family homes, frankly that’s not our problem. It is their financial burden to shoulder their business decisions made years ago when they zoned the subdivision. Rezoning it differently at this point is a breach of contract (and of good faith), in our opinion. We hope the Planning Commission takes into account the opinions of the (currently 99) homeowners who oppose the rezoning of Hun ngton Hills neighborhood. Thank you, Jeff and Cheryl Haring 131 Kings Court Ba le Creek, MI 49015 https://outlook.office.com/mail/inbox/id/AAMkAGM0MjYzMzg1LThjMTItNDcwOS1iNTc4LWE5YmE2Y2U5ZTQ4MwBGAAAAAADePsZrdMbFSLjuHlAzX… 1/1 9/16/2020 Mail - Christine M. Zuzga - Outlook Conditional Re-Zoning #Z-01-20, September Meeting Debbie <kimberbc@att.net> Wed 9/16/2020 2:19 PM To: Christine M. Zuzga <CMZuzga@battlecreekmi.gov> Email sent from outside of the City of Battle Creek. Use caution before clicking links/attachments. Christine, I’m writing, once again, in opposition to proposed re-zoning of a section of the Huntington Hills Development. When we bought our home 13 years ago, we were assured this area could not be developed as it was for drainage, this was a reason why we bought this home. We now realize the area was identified as not likely to be developed by the developers although it was approved for single family homes. Our home is in the Kensington’s and looks out over the proposed area. This area has become very overgrown in the 13 years we have lived here and has become home to many wild life creatures. In addition to providing a privacy barrier, the natural area adds to the aesthetics of Huntington Hills as a walking path travels through much of this area. Additional concern is for the drainage area, adjacent to the proposed development. Many time during the year, this drainage area can barely handle the heavy rains or snow melt for the current development. Adding to this, as currently configured, may overburden the drainage area, possibly causing flooding into our homes. At a minimum a thorough study of the current drainage system is needed before proceeding. Additionally, we are opposed to this proposal as it drastically deviates from the original plan for 13 single family homes. Cramming 31 condos into the same area designated for 13 homes will negatively affect the aesthetics of our neighborhoods. In addition, it has been stated the reason for the change to condos is to provide affordable housing for our community. A large section of our Battle Creek community will not agree this is considered affordable housing. The increased number of homes/condos will equate to an increase in traffic and utility usage that was not originally planned for. Our property values may very well decline due to this change. Finally, the developers have not been open and transparent with our Huntington Hills Community, prior to your first meeting on this proposal. This has caused many to lose trust and confidence in them. What’s next, what else do they plan to change? It has been amazing to see how our community has banded together to learn about this proposal and submit our comments/concerns for consideration. As there is a tremendous amount of opposition to this proposal, I hope it will not be approved. Thank you, Clarence and Deborah Kimber 190 Kensington Circle Battle Creek, MI 49015 Phone 269-209-4134 Sent from my iPad https://outlook.office.com/mail/inbox/id/AAMkAGM0MjYzMzg1LThjMTItNDcwOS1iNTc4LWE5YmE2Y2U5ZTQ4MwBGAAAAAADePsZrdMbFSLjuHlAzX… 1/1 9/16/2020 Mail - Christine M. Zuzga - Outlook Conditional Re-Zoning #Z-01-20 Travis May <tmay@gradientsecurities.com> Tue 9/15/2020 10:12 PM To: Christine M. Zuzga <CMZuzga@battlecreekmi.gov> Email sent from outside of the City of Battle Creek. Use caution before clicking links/attachments. Dear BC Planning Commission, My name is Travis May and my family of four resides at 280 Kensington Circle. I am writing this letter to explain why I am OPPOSED to the re-zoning of a portion of Huntington Hills to allow for condos. Making this change will move 13 single homes into 31 multi-bedroom condos. This could be approximately 36 additional vehicles traveling daily in-and-out to the furthest spot from either entrance and passing the playground/park, children's bus stop, and traveling down a dead-end road before turning into the proposed condo entrance. This is an additional safety risk - We bought into this neighborhood for the peace and quiet along with safety for our children understanding more homes may be built, but not condensed condos. Increased traffic reduces home values. The plans do not meet the HOA guidelines for building in the Barrington's regardless of this decision. I was told in an individual meeting with Annie Stetler that ultimately, she is the land owner and "she can do what she wants." However, we follow these guidelines to maintain the quality and integrity of the neighborhood my family bought into - that already profited the Stetlers. There are in the ballpark of 11 vacant lots currently ready for build and another roughly 35 undeveloped lots. The bottom line here is the Stetlers made a poor real estate decision 20 years ago, the neighborhood isn't complete, and they are trying to save their losses with cheaper building and significantly increasing the density. We SHOULD NOT be penalized by the city re-zoning the neighborhood to bail out the Stetlers. The 31 multi bedroom units would dwarf the 22 houses in the entire Barringtons. In addition, Annie made the comment that if this does not go through, she is going to give the land back, stop paying taxes and HOA dues as a threat to help bully this through. Lastly, you have a responsibility to your constituents of the city. Currently 107 households are against, 4 are indifferent, no one is for the decision, and 30 have not responded (96.4% OPPOSED). Even IF all 30 were in favor, over 75% of the neighborhood would still be opposed. Please consider the strength of our neighborhood's opposition and do the right thing. Thank you for your service to the City of BC. Travis May Registered Representative 280 Kensington Circle Battle Creek, MI 49015 tmay@gradientsecurities.com 269.271.5893 The individual sending this communication offers securities through Gradient Securities, LLC (Arden Hills, MN 866- 991-1539). Member FINRA/SIPC. Gradient Securities, LLC and its representatives do not render tax, legal, or accounting advice. Insurance products and services are offered through Paragon Planning Group. Paragon Planning Group is not affiliated with Gradient Securities, LLC. Gradient Securities, LLC and Paragon Planning Group are not affiliated with or endorsed by the Social Security Administration or any government agency. The presence of this email shall in no way be construed or interpreted as a solicitation to sell any products or services to any residents of any state other than where legally permitted. This e-mail is being sent by or on behalf of a broker-dealer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged, or confidential, or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy, or disseminate this e-mail or any part of it. If you have received this e-mail in error, please notify the sender immediately by e-mail or fax, and destroy all copies of this communication. Please be advised that you may conduct securities transactions only by speaking directly with your Registered https://outlook.office.com/mail/inbox/id/AAMkAGM0MjYzMzg1LThjMTItNDcwOS1iNTc4LWE5YmE2Y2U5ZTQ4MwBGAAAAAADePsZrdMbFSLjuHlAzX… 1/2 9/16/2020 Mail - Christine M. Zuzga - Outlook Representative. To help protect your privacy, we strongly recommend that you avoid sending sensitive information, such as account numbers and social security numbers, via e-mail. Please be further advised that, pursuant to the Bank Secrecy Act, the USA PATRIOT Act, and similar laws, any communication in this e-mail is subject to regulatory, supervisory, and law enforcement review. https://outlook.office.com/mail/inbox/id/AAMkAGM0MjYzMzg1LThjMTItNDcwOS1iNTc4LWE5YmE2Y2U5ZTQ4MwBGAAAAAADePsZrdMbFSLjuHlAzX… 2/2  Huntington Hills Neighborhood Homeowners Rezoning Opposition September 15th, 2020 Dear City Planning Commission: I am submitting this letter in OPPOSITION to the proposal by Stetler Construction to rezone the current empty lots in the Huntington Hills subdivision from single family dwellings to multiunit condominiums. I have lived in this subdivision since the spring of 2004, and currently live on Barrington Circle. It is my understanding that the current proposal is to rezone lots, accessed only from the Barrington Circle road, from 13 single family dwellings, to 31 multiunit condos’. I recognize that I am but a single voice in this decision. I also recognize that Stetler Construction has a strong reputation for residential development within Battle Creek, and as such, has a much stronger voice when it comes to trying to influence decision makers on proposal such as this. That being said, however, I do feel it very important to give strength to my voice. Houses are just sticks and bricks, and lots are just property, but once a family moves in, they become a home. When you have enough homes come together, they become a neighborhood, and equally, joined neighborhoods become communities. That is what we have here in the Abbington, Barrington, and Kessingtons (ABK’s) portion of the Huntington Hills. A community who cares about each other and what transpires within our subdivision. The ABK’s are the single-family dwelling portions of Huntington Hills. There is a dedicated condominium portion (the Commons) of Huntington Hills as well, and while we are all a part of the greater Huntington Hills community, I feel the proposal to rezone the current empty lots into more Condominiums more greatly influences those of the single family dwelling homes of the ABK’s, than those within the Condominiums. My reason for this is mostly geographic as the lots in question are at a distance from the current Condominiums but are literally with in the back yards of many of the ABK homeowners. Therefore, the proposed change will most directly affect those of the ABK’s. As such, when considering the rezoning proposal, please consider that there are over 100 homeowners out of 141 within the ABK’s who have responded and signed a petition opposing this change. I am told that there have been no responses from the ABK homeowners who are in favor of this change. In speaking to many of my neighbors within the ABK’s, I have heard many different concerns in opposition to this proposal. I was on a zoom meeting when the proposal was brought up to the City Zoning Commission, and I know many of these concerns were well expressed by my neighbors. Concerns such as how a rezoning may affect water runoff, the wildlife and ecology of the area, property value of the homes in the ABK’s, if these changes to the bylaws are allowed, what more could get changed, etc... All of these are strong and valid concerns, and to everyone, of different strengths or importance. To me personally, the biggest concern is the increase in traffic that the change from 13 dwellings to 31 will cause in the neighborhood. When we bough into this neighborhood 16 years ago, one of the biggest attractions was the relative safety the neighborhood would provide for our young children. The ABK’s are a community of mostly families with children, and we take pride in looking out for the safety of the children. If you are not aware, Huntington Hills has a wonderful park/playground area in its center. This park contains a tennis court, a basketball court, a soccer net, a playground structure, as well as open fields great for flying kites, or throwing around a ball or frisbee. All features designed to attract the kids in the neighborhood to feel safe coming to and enjoying, which they readily do. Most of the children come to the park either by waking from their home or riding their bikes. Obviously, this requires them to use the roads in the area. Huntington Hills has been well designed in that access to the Commons Condominiums, as well as access into the Abbingtons and Kessingtons neighborhoods use roads that turn off the main road well before reaching the park. The only road that requires vehicles to pass the park is Barrington Circle. This design has helped keep vehicle traffic to a minimum around the park. On the current proposal by Stetler Construction, the only access into the condominiums will be via Barrington Circle road. Obviously, increasing the number of dwellings within this proposal from 13 single family units to over 31 multiunit condominiums will increase the number of vehicles traveling on Barrington Circle. If on average, each home has 2 vehicles, that would increase the number of homeowner vehicles using Barrington Circle from 26 to 62 , and this doesn’t include the increase traffic of other vehicles such as postal/delivery, home improvement/landscaping tucks, etc. All this extra traffic would increase the risk to the children using the Barrington Circle road, as well as the main Huntington Hills road in getting to the park, to potentially getting hit or injured by a car. I know that drivers in neighborhoods are really good at keeping a look out for the kids, but unfortunately, not all kids are equally as good at watching out for cars, and accidents can happen. In my opinion, a vote in favor of this rezoning is essentially accepting responsibility for this increased risk to the children. The more the cars, the more the risk, and I’m sure we all pray for and want to reduce risks for the children in all of our communities. As I mentioned above, I know there are many other concerns regarding the rezoning to allow condominiums, and I certainly do share these concerns, but in an effort to be brief, I will not go into each one at this time. Rather, I hope that my neighbors have also taken this opportunity to express their opposition and concerns as well. I know these decisions must be very difficult for all parties voting. I do recognize the desire to have increase affordable housing within Battle Creek, as again, I call BC home and am a strong proponent of this city. I want people to come and live here in Battle Creek, and to be a part of this wonderful city. I am not sure the proposed condominiums qualify as all that much more affordable housing than the original proposal of single-family homes. I do want to see the empty lots get developed, just with single family houses as originally zoned, and which meet the original covenants and restrictions written in the Huntington Hills bylaws. I would like to think that there are many other area’s within Battle Creek that could be used for condominium development. Stetler Construction has done a great job creating this neighborhood, and when we all bought into it, it was with excitement that the original plans would develop. To allow them to change the plans now would be a very big insult to all of us who initially shared that excitement. I recognize money is money, and development is a good thing, but oftentimes, morally doing what is right does not necessarily mean chasing the almighty dollar. People say “it’s just business, it’s nothing personal”, but to us, the ABK community, it is very personal, because this is our home. I want to express my thanks to all the committee members who take the time out of their busy lives to serve the Battle Creek community. I’m sure as with many service-oriented committees, you all feel overworked and underappreciated, so however this vote goes, again I wish you all well and give you a big THANK YOU. Sincerely, Chris and Tricia Wilhelmson 9/15/2020 Mail - Christine M. Zuzga - Outlook Conditional are-Zoning #Z-01-20 Pat Partridge <djpat@aol.com> Tue 9/15/2020 12:52 PM To: Christine M. Zuzga <CMZuzga@battlecreekmi.gov> Email sent from outside of the City of Battle Creek. Use caution before clicking links/attachments. Hello, I wanted to send you a note that my wife and I are against the zoning change in Huntington Hills for the Barrington Villas. This change goes against the original plans for the development and should be voted down. Conditional are-Zoning #Z-01-20 is not good for the neighborhood. Regards, Duane J Partridge Valerie A Partridge 402 Coventry Rd Battle Creek, MI https://outlook.office.com/mail/inbox/id/AAMkAGM0MjYzMzg1LThjMTItNDcwOS1iNTc4LWE5YmE2Y2U5ZTQ4MwBGAAAAAADePsZrdMbFSLjuHlAzX… 1/1 Scott and Jenni Peavy Huntington Hill Homeowner Battle Creek, MI 49015 September 16, 2020 City Planning Commission 10N Division St. Suite 117 Battle Creek, MI 49015 Dear City Planning Commission, This letter is in reference to the “Conditional Re-Zoning #Z-01-20” Petition from Stetler Built Homes Inc. We request the Planning Commission NOT approve the proposed re-zoning change from 13 single family homes to 11 single condos and 10 duplex condos for a total of 31 units. We have had the opportunity to look more closely at the staff report for the July 22, 2020 meeting regarding, B Petition Z-01-20, request for a conditional rezoning of thirteen parcels in Huntington Hills to allow mixed residential density. We feel there are a few discrepancies that need to be addressed. 1. On page 3 of 6: The price point for each unit is approximately $280,000. The target market for these units would be senior citizens looking to downsize into smaller homes with less maintenance. We disagree. During the August 9th Huntington Hills Neighborhood meeting Annie and Jon Stetler attended and both spoke to the group. There were some inconsistent statements made that contradict what is in the planning commission proposal. Annie stated that the price of the condo’s will probably come in closer to $350,000 at 1350 square feet that is $260.00 per square feet. During the July Planning Commission meeting we heard one of the commissioners say, “We need to bring affordable housing to Battle Creek to attract working people to the city.” This proposed condo rezoning does not meet the need of affordable housing for young working people especially if retired seniors are being marketed. 2. On page 3 of 6: “Staff does not feel the scale nor the design of the proposed buildings will be inconsistent with the existing homes.” We disagree. In the Huntington Hills By-laws page 420, Article VI Restrictions, section (d) in no event shall any resident be permitted on any unit which does not comply with the following minimum requirements: all homes to be built in the Barringtons that are one story, to have a minimum of 2,000 square feet on the first floor. This was noted in the full packet in July. The  Barrington Villas, which is a part of the Barringtons, should adhere to these stipulations. The proposed homes are 1,350 square feet. 3. On page 5 of 6 Neighborhood Outreach: “It is our understanding that the applicant also discussed the request with the Huntington Hills condominium association.” We disagree with this statement. There was no actual meeting with the Huntington Hills HOA prior to submitting the rezoning paperwork to the city. There was an email among the board members, but no meeting. The email left some of the board members, feeling like the Stetlers would keep them posted on whether or not they were even going to proceed with the proposal. It seems like the Stetlers were trying to get the re-zoning approval done without any communication to the Huntington Hills Neighborhood. They tried to get the vote by attending the NPC 10 and were upset that they couldn’t get the approval from that meeting. It’s also interesting to note that the same day the NPC10 meeting occurred was the SAME day the proposal was submitted to the city. The proposal is clearly stamped with the same date. It appears they submitted it during the day and then made the proposal to the NPC10. This is becoming a major trust issue with the Developer. 4. Analysis & Recommendation: a. Goal 1 (page37) “Promote investment in the city core while limiting unnecessary and premature outward growth. Focus future development to infill within the urban growth boundary where infrastructure and activity already exists”, prioritizes infill development in the core areas of the City, but does stress that it is important to encourage infill and flexible housing choices in areas of the City served by public utilities. We disagree. We are about as far out from the city core as you can get, and not be in Kalamazoo County. b. Future Land Use map (page 51) The Future Land Use map (pg. 51) indicates this and adjacent properties as the “Suburban Residential” place-type. The description of this place type (pg. 58) describes single family residential, both attached and detached styles, as being appropriate especially on the edge of developments to buffer detached single family homes from the potential for higher intensity uses along the periphery. We disagree. Although this proposed rezoning location may be on the edge of our community, it is a very small section in the far Northeast corner of the subdivision. It would provide no substantial buffer. c. The current density for Huntington Hills is 1.95 dwelling units per acre. The requested increase is to 2.07 dwelling units per acre, a negligible increase. The footprint of the proposed duplexes will be approximately 2,600 to 2,800 square feet whereas the footprints of the existing homes in the development range from 2,406 square feet to 4,500 square feet. The change in housing style and reduction in square footage does not dramatically increase the amount of developed land. Even with the increase in number of units, the reduction in square footage and targeted demographic in seniors will likely reduce the amount of traffic from what was originally approved.  We disagree with this statement. It was not stated that the footprint of the single family condos would be 1,350 square feet which is significantly smaller than the existing homes in the neighborhood and goes against our By-laws. Will the additional roads and driveways being put in hamper rainwater absorption? Possible adding to the flooding issues that the neighborhood experiences. We also feel it is misleading to say the target market is seniors which will likely reduce the amount of traffic from what was originally approved. This is not zoned a “55 and older community’ so you don’t know who will actually purchase the homes. Regarding the amount of traffic, of the 22 homeowners in the Barringtons, 16 of the homes only have two drivers, just because they are larger homes, doesn’t mean they have multiple drivers. 12 homes are occupied by “empty nesters”. So we believe if the community is developed as condos, it will potentially increase traffic by an additional 36 cars. We are retired, and pre-Covid, were coming and going from the neighborhood 4 to 6 times a day, between the two of us. We would also like the Planning Commissioners and City Commissioners to be aware of the following statements the Stetler’s made during an HOA and Neighborhood meeting on August 9. 1. If the re-zoning doesn’t pass, they mentioned they could stop paying the taxes on undeveloped lots. 2. They could stop paying their HOA dues. 3. Annie also stated that she wasn’t going to fix our flooding issues we have in our community unless the rezoning occurs. Sincerely, Scott and Jenni Peavy HOA Board Member and Homeowner in the Barrington Neighborhood. 9/16/2020 Mail - Christine M. Zuzga - Outlook Rezoning Pardeep Singh <libertyfood@gmail.com> Wed 9/16/2020 1:16 PM To: Christine M. Zuzga <CMZuzga@battlecreekmi.gov> Email sent from outside of the City of Battle Creek. Use caution before clicking links/attachments. Dear planning commission, I want this planning commission to know I oppose of the rezoning. My concerns are, 1) here will be additional traffic on my street, 2) decreasing property values, 3) increased crimes on my street such as breaking and entering, 4) the developers aren't following by laws. Thank you for my consideration. Pardeep Singh https://outlook.office.com/mail/inbox/id/AAMkAGM0MjYzMzg1LThjMTItNDcwOS1iNTc4LWE5YmE2Y2U5ZTQ4MwBGAAAAAADePsZrdMbFSLjuHlAzX… 1/1 9/17/2020 Mail - Christine M. Zuzga - Outlook Conditional Rezoning Z-01-20/ Huntington Hills BILLIE WALK <fredumms@aol.com> Thu 8/20/2020 4:49 PM To: Christine M. Zuzga <CMZuzga@battlecreekmi.gov> Email sent from outside of the City of Battle Creek. Use caution before clicking links/attachments. Dear Ms. Zuzga, The Barringtons are the largest and most expensive homes in our neighborhood. The Stetler’s build very nice condos, but I do understand why neighbors who own homes near the proposed building site aren’t happy to have so many condos built in such close proximity to them. Thank you for giving the neighbors sixty days to voice an opinion. Best regards, Billie Walk Sent from my iPhone https://outlook.office.com/mail/search/id/AAMkAGM0MjYzMzg1LThjMTItNDcwOS1iNTc4LWE5YmE2Y2U5ZTQ4MwBGAAAAAADePsZrdMbFSLjuHlAz… 1/1  Huntington Hills Neighborhood Homeowners Rezoning Opposition September 15th, 2020 Dear City Planning Commission: I am submitting this letter in OPPOSITION to the proposal by Stetler Construction to rezone the current empty lots in the Huntington Hills subdivision from single family dwellings to multiunit condominiums. I have lived in this subdivision since the spring of 2004, and currently live on Barrington Circle. It is my understanding that the current proposal is to rezone lots, accessed only from the Barrington Circle road, from 13 single family dwellings, to 31 multiunit condos’. I recognize that I am but a single voice in this decision. I also recognize that Stetler Construction has a strong reputation for residential development within Battle Creek, and as such, has a much stronger voice when it comes to trying to influence decision makers on proposal such as this. That being said, however, I do feel it very important to give strength to my voice. Houses are just sticks and bricks, and lots are just property, but once a family moves in, they become a home. When you have enough homes come together, they become a neighborhood, and equally, joined neighborhoods become communities. That is what we have here in the Abbington, Barrington, and Kessingtons (ABK’s) portion of the Huntington Hills. A community who cares about each other and what transpires within our subdivision. The ABK’s are the single-family dwelling portions of Huntington Hills. There is a dedicated condominium portion (the Commons) of Huntington Hills as well, and while we are all a part of the greater Huntington Hills community, I feel the proposal to rezone the current empty lots into more Condominiums more greatly influences those of the single family dwelling homes of the ABK’s, than those within the Condominiums. My reason for this is mostly geographic as the lots in question are at a distance from the current Condominiums but are literally with in the back yards of many of the ABK homeowners. Therefore, the proposed change will most directly affect those of the ABK’s. As such, when considering the rezoning proposal, please consider that there are over 100 homeowners out of 141 within the ABK’s who have responded and signed a petition opposing this change. I am told that there have been no responses from the ABK homeowners who are in favor of this change. In speaking to many of my neighbors within the ABK’s, I have heard many different concerns in opposition to this proposal. I was on a zoom meeting when the proposal was brought up to the City Zoning Commission, and I know many of these concerns were well expressed by my neighbors. Concerns such as how a rezoning may affect water runoff, the wildlife and ecology of the area, property value of the homes in the ABK’s, if these changes to the bylaws are allowed, what more could get changed, etc... All of these are strong and valid concerns, and to everyone, of different strengths or importance. To me personally, the biggest concern is the increase in traffic that the change from 13 dwellings to 31 will cause in the neighborhood. When we bough into this neighborhood 16 years ago, one of the biggest attractions was the relative safety the neighborhood would provide for our young children. The ABK’s are a community of mostly families with children, and we take pride in looking out for the safety of the children. If you are not aware, Huntington Hills has a wonderful park/playground area in its center. This park contains a tennis court, a basketball court, a soccer net, a playground structure, as well as open fields great for flying kites, or throwing around a ball or frisbee. All features designed to attract the kids in the neighborhood to feel safe coming to and enjoying, which they readily do. Most of the children come to the park either by waking from their home or riding their bikes. Obviously, this requires them to use the roads in the area. Huntington Hills has been well designed in that access to the Commons Condominiums, as well as access into the Abbingtons and Kessingtons neighborhoods use roads that turn off the main road well before reaching the park. The only road that requires vehicles to pass the park is Barrington Circle. This design has helped keep vehicle traffic to a minimum around the park. On the current proposal by Stetler Construction, the only access into the condominiums will be via Barrington Circle road. Obviously, increasing the number of dwellings within this proposal from 13 single family units to over 31 multiunit condominiums will increase the number of vehicles traveling on Barrington Circle. If on average, each home has 2 vehicles, that would increase the number of homeowner vehicles using Barrington Circle from 26 to 62 , and this doesn’t include the increase traffic of other vehicles such as postal/delivery, home improvement/landscaping tucks, etc. All this extra traffic would increase the risk to the children using the Barrington Circle road, as well as the main Huntington Hills road in getting to the park, to potentially getting hit or injured by a car. I know that drivers in neighborhoods are really good at keeping a look out for the kids, but unfortunately, not all kids are equally as good at watching out for cars, and accidents can happen. In my opinion, a vote in favor of this rezoning is essentially accepting responsibility for this increased risk to the children. The more the cars, the more the risk, and I’m sure we all pray for and want to reduce risks for the children in all of our communities. As I mentioned above, I know there are many other concerns regarding the rezoning to allow condominiums, and I certainly do share these concerns, but in an effort to be brief, I will not go into each one at this time. Rather, I hope that my neighbors have also taken this opportunity to express their opposition and concerns as well. I know these decisions must be very difficult for all parties voting. I do recognize the desire to have increase affordable housing within Battle Creek, as again, I call BC home and am a strong proponent of this city. I want people to come and live here in Battle Creek, and to be a part of this wonderful city. I am not sure the proposed condominiums qualify as all that much more affordable housing than the original proposal of single-family homes. I do want to see the empty lots get developed, just with single family houses as originally zoned, and which meet the original covenants and restrictions written in the Huntington Hills bylaws. I would like to think that there are many other area’s within Battle Creek that could be used for condominium development. Stetler Construction has done a great job creating this neighborhood, and when we all bought into it, it was with excitement that the original plans would develop. To allow them to change the plans now would be a very big insult to all of us who initially shared that excitement. I recognize money is money, and development is a good thing, but oftentimes, morally doing what is right does not necessarily mean chasing the almighty dollar. People say “it’s just business, it’s nothing personal”, but to us, the ABK community, it is very personal, because this is our home. I want to express my thanks to all the committee members who take the time out of their busy lives to serve the Battle Creek community. I’m sure as with many service-oriented committees, you all feel overworked and underappreciated, so however this vote goes, again I wish you all well and give you a big THANK YOU. Sincerely, Chris and Tricia Wilhelmson 9/14/2020 Mail - Christine M. Zuzga - Outlook Conditional Re-Zoning #Z-01-20 Williams, Lisa <Lisa.Williams@kellogg.com> Sun 9/13/2020 6:55 PM To: Christine M. Zuzga <CMZuzga@battlecreekmi.gov> Cc: Williams, Lisa <Lisa.Williams@kellogg.com> Email sent from outside of the City of Battle Creek. Use caution before clicking links/attachments. In reference to the Condi onal Re-Zoning #Z-01-20, please accept this le er as confirma on that I, Lisa Williams, resident at 122 Kensington Circle (and Board Member of Hun ngton Hills), Ba le Creek, Michigan oppose the rezoning proposal. I’m greatly concern how this will devalue the housing market (especially our most exclusive/expensive in the neighborhood, aka Barringtons). The loca on where Stetler is proposing to build condos, will require the new owners of such to u lize the roadways of our expensive community as a thoroughfare to get to more reasonable housing. This will deter future buyers of high end housing to consider the Barrington’s in the future and plummet the property value and taxes. Thank you, Lisa Williams https://outlook.office.com/mail/inbox/id/AAMkAGM0MjYzMzg1LThjMTItNDcwOS1iNTc4LWE5YmE2Y2U5ZTQ4MwBGAAAAAADePsZrdMbFSLjuHlAzX… 1/1 9/16/2020 Mail - Christine M. Zuzga - Outlook Re-Zoning Barringtons/Huntington Hills Patricia Wludyka <patriciajwludyka@gmail.com> Wed 9/16/2020 12:28 PM To: Christine M. Zuzga <CMZuzga@battlecreekmi.gov> Email sent from outside of the City of Battle Creek. Use caution before clicking links/attachments. Good Afternoon, We are David and Patricia Wludyka and we live at 127 Barrington Circle for six years. We have enjoyed living on this very quiet and safe street and have immensely enjoyed the deer/fawns that occupy our back yard daily as well as the tree coverage giving us peace and privacy. I am a walker and biker and use the paths daily. We have five grandchildren who come regularly and we feel safe in walking and allowing them to bike as well. This would drastically change if rezoning occurred and construction of infrastructure were to begin. WE ARE STRONGLY OPPOSED TO THE REZONING OF THIS STREET AND THIS PART OF THE SUBDIVISION. It was not disclosed to us that there were lots behind when we purchased our home. We are not opposed to single family development as previously planned. We have attended the meetings and a recent annual HOA meeting in which the opposition was candidly discussed. Ms Stetler sits on that board and she has stated that the square footage requirements etc are investigated by you as the city planner commission not her. The square footage do not match as ea side of a proposed duplex is only 1350 sq foot. The stand alone units are 1350 as well. She stated that affordable housing is needed for seniors. She stated Stetler Builders charge 200.00 per sq foot. In the State of Michigan the average price is 100.00 - 200.00 per sq foot. This is top end pricing, not affordable! We would not pay almost 300,000 or more as she said to build a 1350 sq foot duplex and pay hoa fees on top of that. Our concern is reducing our property values and changing the traffic, noise, wildlife, environmental concerns with current water/flooding issues that Ms Stetler would not be addressed until rezoning was approved. She stated she could stop paying taxes on undeveloped lots and her HOA fees. She stated its only business but this is where we live and it is our neighborhood that we pay very high taxes to live in. Over 7000.00 per year. We ask you to look deeper into this issue before you quickly call a vote and approve this. If it were your neighborhood would you want it? There are over 100 property owners in opposition to this rezone request . This is highly significant and should be rethought. Ms Stetler mentioned she has not sold a lot in a decade. Has she considered lowering the price from 65 ,000 to a more attractive price or including the lot with a contract to build a home on it? There are other options. We have looked at pricing on lots Newman builders in Stonegate subdivision right behind us. They are much less and nicer with all the city amenities and very high end homes are going up there. We ask you not to rush to approve this as there are other options to consider to have a win for developer and a win for the faithful residents of Huntington Hills. Lastly, we have heard the research and independent information that John Melges has revealed at annual HOA meeting and we agree with the legal advice that was given. There is much at stake here. Thank you for your time to read our concerns. Respectfully, David and Patricia Wludyka 127 Barrington Circle https://outlook.office.com/mail/inbox/id/AAMkAGM0MjYzMzg1LThjMTItNDcwOS1iNTc4LWE5YmE2Y2U5ZTQ4MwBGAAAAAADePsZrdMbFSLjuHlAzX… 1/1  Battle Creek City Planning Commission Staff report for the July 22, 2020 meeting To: Planning Commissioners From: Christine M. Zuzga, AICP, Planning Manager Subject: Petition Z-01-20, request for a conditional rezoning of thirteen parcels in Huntington Hills to allow mixed residential density. Summary Petition from Stetler Built Homes Inc., 291 N. 20th St., Battle Creek, MI, 49037, requesting a conditional rezoning to allow increased density on vacant land known as Huntington Hills, lots 34-46. The conditional rezoning would allow a change from 13 parcels to 31 attached dwelling units in Calhoun County Subdivision Plan No. 30. Background/Property Information Huntington Hills is located on the east of Stone Jug Road, north of Watkins Road. The subdivision was approved as a Planned Unit Residential Development and contains a mix of single family homes and condominiums. Battle Creek Executive Airport I-94  Petition No. Z01-20 Stetler Homes_Huntington Hills Cond. Rzng Page 2 of 6 This property, and land adjacent to the north, west, and south is zoned Agricultural. Directly east is Jacaranda Estates, a single family residential subdivision, zoned R1B Single Family Residential. Single Family Residential is a permitted use in the Agricultural zoning district. Huntington Hills was developed under the Planned Unit Residential Development (PURD) process which allows for flexibility from the standards established in the zoning ordinance. The flexibility can be attributed to density, housing types, setbacks, etc. and is approved as part of the development plan. Approval of a PURD is by the City Commission with recommendation by the Planning Commission. The layout of Huntington Hills included single family homes in three neighborhoods, with varying sizes of parcels and homes, and an area of attached residential units, primarily duplexes. The development is served by public utilities and roads. Project Scope The thirteen parcels subject to the request are located on the northeast corner of the development, shown in red on the aerial below.  Petition No. Z01-20 Stetler Homes_Huntington Hills Cond. Rzng Page 3 of 6 The Planned Unit Residential Development approval included thirteen single family parcels accessed from a small drive off Barrington Circle. Per the condominium regulations, homes in this section of the subdivision were required to be a minimum of 2,000 to 2,600 s.f. in size. Page 5 of the application contains a rendering that shows the five parcels subject to the rezoning, their intended use, and the location of private septic fields which have been tentatively approved by the Calhoun County Health Department. The land size of these five parcels is 6,29 acres and the request is to develop 18 housing units, which equates to a requested density of 3+ dwelling units per acre. Due to increase in construction costs and changing market demographics, the developer is seeking a conditional rezoning to allow mixed density residential in this portion of the subdivision to allow thirty-one dwelling units in twenty-two buildings, a mix of eleven single family structures, and ten duplexes. If approved, these units will be very similar in nature to the duplex under construction at the Gethings entrance to the subdivision. The units will be approximately 1,350 s.f. in size and have a variety of floor plan and exterior options (examples included in the application). Each unit would have a two car attached garage and other amenities. The price point for each unit is approximately $280,000. The target market for these units would be senior citizens looking to downsize into smaller homes with less maintenance. The applicant has included elevations and building plans with his application that show the approximate design of the buildings. The proposed structures include a significant portion of the front façade being brick/stone, high roof elevations, and high quality design. Staff does not feel the scale nor the design of the proposed buildings will be inconsistent with the existing homes. To ensure building construction meets these standards, planning staff will review each building permit application, elevations, and plans to ensure consistency with this proposal, if approved.  Petition No. Z01-20 Stetler Homes_Huntington Hills Cond. Rzng Page 4 of 6 An approval of this request would be tied to the parameters listed in the application concerning use, size, location, and design. If approved, the applicant would commence with engineering plans for the roads and utilities. The applicant would be responsible for ensuring all other codes, regulations, and/or limitations concerning utilities, roads, building/trade codes, and stormwater management are met. Applicable Ordinance Provisions In 2005 the Michigan Zoning Enabling statute was amended to allow for conditional rezoning of land. This amendment to allow conditional rezoning provided another tool for property owners seeking the ability to use their property in a way other than what is allowed by current zoning. If approved, a conditional rezoning ties the use and any development of a property to specific conditions offered by the property owner. This is very similar to how the special use permit process and approval works, though this is not limited to a specific list of special uses provided for by ordinance. The other difference is that conditions cannot be imposed by a municipality, but must be offered by the applicant. Public Hearing and Notice Requirements As required by the Zoning Enabling Act of 2006, as amended, a public hearing notice was published in the Battle Creek Shopper’s Guide on Thursday, July 2, 2020 and notices of the public hearing were also sent by regular mail on Tuesday, July 7, 2020 to 78 owners and occupants of properties located within 300 feet of the subject parcel. To date, the Planning Department has received a few email and voicemail questions but has not yet received any official statements of support nor opposition.  Petition No. Z01-20 Stetler Homes_Huntington Hills Cond. Rzng Page 5 of 6 Neighborhood Outreach This parcel is located in Neighborhood Planning Council #10. A representative attended their February 24, 2020 meeting to discuss the project. The group did not have a quorum and could not make a recommendation; the letter is attached to the packet. It is our understanding that the applicant also discussed the request with the Huntington Hills condominium association. Analysis and Recommendation As this is a rezoning request, consideration should be given to the proposed use as it relates to the surrounding zoning and land uses, existing infrastructure, and most importantly consistency with the Comprehensive Plan.  The 2018 Master Plan analysis (pg 21-22) finds that the number of seniors with higher income is on the rise, as is the need for housing for this population. Recent housing studies incorporated into the master plan also show a demand for new housing units, particularly those that provide flexible housing opportunities other than single family homes. The master plan notes the importance of these efforts as a means to attract residents to living in the City while driving additional demand.  Goal 2 of the Master Plan (pg 38) is to “Reposition land use to reflect the anticipated needs of the community - Adjust current land use regulations to match Battle Creek’s changing character and community needs.” It is important to use zoning as a tool to guide future development in order to meet the changing market and community needs. The current zoning ordinance is very much a product of traditional efforts to provide single and separate land uses and does not take into account changing market conditions and housing choices. The conditional rezoning of this section of property takes into consideration the increasing senior population, and the demand for higher end, smaller units that provides community maintenance.  Goal 1 (pg. 37), “Promote investment in the city core while limiting unnecessary and premature outward growth. Focus future development to infill within the urban growth boundary where infrastructure and activity already exists”, prioritizes infill development in the core areas of the City, but does stress that it is important to encourage infill and flexible housing choices in areas of the City served by public utilities. While further development should be encouraged in the city core, this development is served by public infrastructure and has demonstrated success with a mix of housing styles. It also provides an opportunity for city living in a more rural setting.  The Future Land Use map (pg. 51) indicates this and adjacent properties as the “Suburban Residential” place-type. The description of this place type (pg. 58) describes single family residential, both attached and detached styles, as being appropriate especially on the edge of developments to buffer detached single family homes from the potential for higher intensity uses along the periphery.  Petition No. Z01-20 Stetler Homes_Huntington Hills Cond. Rzng Page 6 of 6  The current density for Huntington Hills is 1.95 dwelling units per acre. The requested increase is to 2.07 dwelling units per acre, a negligible increase. The footprint of the proposed duplexes will be approximately 2,600 to 2,800 s.f. whereas the footprints of the existing homes in the development range from 2,406 s.f. to 4,500 s.f.. The change in housing style and reduction in square footage does not dramatically increase the amount of developed land. Even with the increase in number of units, the reduction in square footage and targeted demographic in seniors will likely reduce the amount of traffic from what was originally approved.  Though the buildings will be placed more compactly than the single family homes in the neighborhood, they will be placed at the edge of the development which allows the proposed structures to blend into their surroundings. Additionally, the mixture of single family structures and duplexes will provide some variety along the street frontage, while maintaining design standards that are consistent with the homes already constructed.  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 substantial changes contrary to that which is included on the application would require review and approval by the Planning Commission and City Commission. Therefore, based on the above findings and pursuant to M.C.L. 125.3405, planning staff recommends that the Planning Commission recommend to the City Commission approval of Petition from Stetler Built Homes Inc., 291 N. 20th St., Battle Creek, MI, 49037, requesting a conditional rezoning to allow increased density on vacant land known as Huntington Hills, lots 34-46. The conditional rezoning would allow a change from 13 parcels to 31 attached dwelling units in Calhoun County Subdivision Plan No. 30. The conditional rezoning is requested pursuant to M.C.L. 125.3405. Attachments The following information is attached and made part of this Staff report: Conditional Rezoning Petition Form and Supplemental Information (Petition #Z-01-20) 3/5/2020 Mail - Christine M. Zuzga - Outlook Stetler Construction Koteles, Jeff (DHHS) <KotelesJ@michigan.gov> Tue 2/25/2020 11:56 AM To: Christine M. Zuzga <CMZuzga@battlecreekmi.gov> Cc: Dave Weaver <wdav@aol.com> Email sent from outside of the City of Battle Creek. Use caution before clicking links/attachments. Good Morning Chris ne, I am emailing to let you know that Annie and John Stetler a ended the Westlake/Prairieview NPC 10 monthly mee ng for February, 2020 held last night. They gave a presenta on regarding the development of the Barrington Villas in the Hun ngton Hills neighborhood. The issue is the increase in density for the Barrigton area for which they originally planned single family homes and are now changing to condominiums, some duplexes and more buildings. I believe John said going from 13 families to 31. It is my understanding this will only impact the immediate Barrington area and that le ers were sent out 10 days ago to the area residents and they received no complaints or concerns…at least as of yet. According to John Stetler, this isn’t even for certain yet but he wants to be able to move forward should this become a reality. He addressed the thought that as there would be increased density, there would be increased traffic saying that these homes would be targe ng a more senior popula on so, because they’d be driving less the increase in traffic would be minimal. We didn’t have enough members present at our mee ng to vote one way or another. Hun ngton Hills is somewhat isolated from the overall NPC 10 neighborhood so the impact of the increase in density and traffic would be minimal to our NPC except to the Hun ngton Hills neighborhood. Our group also a ested to the good quality of the homes in the neighborhood. So, as it is their property already and they had already planned to build there anyway…and as there is apparently no opposi on from those neighbors who may be effected, those of our group in a endance were not opposed to this change in density. Again I can’t stress enough that we did not vote on this and that we only had one a endee present from the area who would not really be effected by this change so, no one from the Barrington area who might oppose this was in a endance but I did promise Annie and John Stetler that I would email you and let you know they did present their proposal to our NPC 10 group. Thanks Chris ne, hope you are well! Jeff Koteles MSW Chairman, Westlake/Prairie View Neighborhood Council (NPC 10) (269) 963-7096 kotelesj@michigan.gov https://outlook.office.com/mail/inbox/id/AAMkAGM0MjYzMzg1LThjMTItNDcwOS1iNTc4LWE5YmE2Y2U5ZTQ4MwBGAAAAAADePsZrdMbFSLjuHlAzX… 1/1