Planning commission denies straight rezoning for 80 N. 20th St., urges conditional plan and neighborhood talks

The City of Battle Creek Planning Commission voted down a straight rezoning request for 80 North 20th Street on Feb. 26, 2025, rejecting the applicant’s request to change the property from R1B single-family residential to T3 neighborhood commercial and directing the applicant to work with neighbors on a conditional rezoning.

Staff said the parcel is approximately 16.54 acres and under the current R1B designation would allow a by-right single-family subdivision; the staff report recommended denial of an unconditional rezoning because of potential incompatibility with surrounding uses. Staff described a straight rezoning to T3 as allowing a much higher by-right density; the staff presentation listed a T3 maximum capacity of up to 330 dwelling units if developed at full allowable density.

The applicant, Michael Gothberg of Titus LLC, said he and his development team have not yet closed on the property and therefore have not prepared a formal site plan. Gothberg told the commission he and the project designer, Cody Newman of Driven Design, see the site as suitable for multifamily or mixed-use development rather than the lower-density single-family subdivision allowed under the existing zoning. Newman said the team preliminarily sketched three buildings of roughly 90 units each, describing the citywide housing shortage and saying mixed-use along Twentieth Street could include first-floor retail with residential above. “We have a housing shortage in the city,” Newman said. Gothberg also told commissioners: “we don’t even probably want to do the things that the concerns are.”

Multiple nearby residents and property owners urged caution and asked the commission to require more specifics before changing zoning. Mark Husepp, who identified himself as a neighborhood resident, told commissioners, “A neighborhood should have low traffic, low noise level, no obtrusive lighting, good security,” and said the neighborhood needs visual plans to understand the scale of development. Other commenters raised traffic-safety and stormwater concerns, noting an on-site retention pond; one resident asked whether the Michigan Department of Environment, Great Lakes, and Energy (EGLE/DEQ) should review drainage before major redevelopment. Another resident asked how sidewalks and pedestrian safety would be addressed; staff said new development would be required to provide sidewalks on the development side and that the city’s non-motorized transportation plan can identify longer-term sidewalk priorities for grant funding.

Commissioners debated procedure and community protections. Darcy (city staff) explained that straight rezonings cannot carry conditions unless those conditions are offered voluntarily by the applicant as part of a conditional rezoning application. Commissioners expressed concern that an unconditional T3 approval would permit all uses allowed by the T3 zone without guaranteed neighborhood protections. Commissioner Godfrey moved to approve the straight rezoning; the motion was seconded, but when the commission voted, every recorded vote on the motion was “no,” and the motion failed. Following the vote, staff and the applicant agreed to organize a neighborhood meeting; staff offered to facilitate and asked residents for contact information so the city and applicant can schedule a convening.

Next steps: The applicant may submit a conditional rezoning that would include conditions proposed by the applicant; a conditional rezoning must be reviewed again by the planning commission and, if recommended, forwarded to the city commission. Staff said a conditional rezoning approval generally includes deadlines and extension options and would attach to the property once finalized. Gothberg indicated his team intends to start community meetings promptly and hopes to re-present a conditional application within about 30–45 days.