Planning Commission approves rezoning of five parcels along M66 to enable residential uses

The Battle Creek Planning Commission voted unanimously Dec. 17 to recommend rezoning five parcels south of Beckley Road along M66 from B2 regional commercial to MFR high-density multiple-family residential.

Staff said the rezoning, filed as PRZ25-00006, would resolve legal nonconforming residential uses created by a 2020 zoning map rewrite and would permit two- and single-family homes on parcels where those uses exist. “It would relieve these properties of their legal non-conforming status right now,” a staff member told commissioners during the public hearing.

Residents at the hearing raised concerns about notification and the effect on ongoing agricultural activity. John Ballard, whose family uses one of the parcels for livestock and crops, said, “we were never notified of that that it was changed,” and asked whether the city could provide written clarification. Staff and another city employee, Marcel, responded that existing agricultural uses are treated as legal nonconformities that may continue but that expansions or changes of use could trigger review; staff also said notice for the 2020 master-plan and rezoning effort was satisfied by publication and offered to issue letters to the five affected property owners for clarity.

Jason Pierce, speaking for his father, said the family supports the rezoning because it would allow construction of a home on a vacant parcel adjacent to existing family property: “we appreciate you guys bringing this up in such a timely fashion.”

Commissioners discussed whether written notification should be a motion condition and agreed staff should follow up with letters. The commission then moved to approve PRZ25-00006 based on the staff findings. The roll-call vote recorded commissioners Godfrey, Dennison, Mayor Binky, Gray, O'Donnell, Hughes, White and Morris as voting yes; the motion passed.

The Planning Commission’s recommendation now goes to the City Commission for final action; staff advised property owners to contact the planning department or the city attorney’s office with specific questions about nonconforming uses.

Ending: The commission closed the public hearing and moved on to other agenda items; staff offered to provide written guidance to affected owners about what a legal nonconforming designation means and what changes might require additional review.