Destination: Mack Avenue

In my first year as a member of the City Council, I have received many questions regarding our business zoning regulations and building codes. There has been much discussion from residents and in the media on why and how we make our choices. I would like to take this opportunity to clarify the process we use in developing and approving these laws. Our retail district on Mack Avenue is a very attractive and family-friendly part of our community. That is very much by design.

The regulations process is guided and managed by numerous individuals, starting with our Mayor and City Council and including our planning commission, administration, building department, legal department, city clerk, public safety department, and numerous other city staff. I believe the goal of this process is to develop rules and regulations which provide the appropriate environment for a thriving business district that meets community needs and expectations.

The process begins with the development and regular maintenance of the city’s Master Plan. This document was written by the planning commission, approved originally by the City Council and according to state law must be reviewed again by the planning commission every five years. It is a blueprint for how we manage existing and new development in our city. You can find a copy of the Master Plan on the Grosse Pointe Woods website in the Documents section listed under Publications.

The planning commission is an important part of this process. They are a group of citizen volunteers with diverse backgrounds who assist the city by researching land use and development issues in order to make recommendations on zoning, building code ordinances, appeals, variance requests, as well as giving opinions on new development projects. They meet publicly on the fourth Tuesday of each month in our City Council chambers.

Zoning Regulations

Zoning regulations define how land can be used in specific areas of the city. For example, as a community, we decide what types of businesses we would like to see on Mack Avenue. The Master Plan states that we want a mix of retail and professional services. Our zoning regulations exclude certain types of businesses, such as manufacturing, resale, pawn shops, or marijuana dispensaries, among others. If we didn’t have zoning laws, anybody could build any type of business in our community.

Some have suggested that during the current period of slow economic growth, we should loosen zoning restrictions in order to encourage new businesses to locate to our city. The occupancy rate for our retail district fluctuates slightly month to month, but at 94 percent, it is higher than average in southeast Michigan and on par with a community like Birmingham. Of the 15 buildings that are currently vacant, four are in discussions with our building department. I think it is a reasonable question to ask: Is it worth lowering our standards to move our occupancy rate from 94 percent to 95 or 96 percent? While some shops have closed in a slow economy, Grosse Pointe Woods has had 21 new businesses open up on Mack Ave in 2011. I am not saying that we should never change, but I think we need to look at these issues very carefully when making decisions that could forever change the character of our community.

When somebody wants to locate a business within Grosse Pointe Woods that does not adhere to our zoning laws, they must appear before the Zoning Board of Appeals (City Council) in a public hearing in order to ask for a variance. During an appeal, I believe we can only decide if the applicant meets the criteria for an exception. If they don’t, I believe we should vote no, or change the law utilizing a disciplined research and review process. I don’t believe we should selectively enforce the law just because we like a particular business or concept.

Usually when zoning appeals spark heated debate, it is because on the surface it looks like a reasonable request. What the Council must consider, however, are the unintended consequences of allowing an appeal or changing our zoning laws. For example, if you let . Currently, we do allow resale if it is less than 25 percent of total receipts of the business. We cannot selectively enforce our zoning laws.

Business Building Codes

There has also been much discussion about our business building codes. These laws govern how businesses are required to maintain their properties. For example, we have an ordinance against painting a business sign or advertisement on the side of a building. Of course, a painted design could be created that is very attractive and that seems reasonable, but what if the owner neglected to maintain the paint and it began to flake? It would be extremely difficult to force the owner of the structure to touch up the painting, and we would all end up looking at the deteriorated paint every day.

We also have an ordinance against excessive signage in windows or on store fronts. We do not want to disallow signs, but we want businesses to display them in a reasonable way, that allows them to be successful but isn’t over the top. You can’t enforce “tasteful design” but you can Remember that sometimes a variance request looks reasonable, but you must be aware of the potential unintended consequences. We cannot and should not selectively enforce. If there is an exception, it must be for a compelling reason that is in the best interests of the city and within the spirit and intent of the law, or we should change the law.

Lower Standards?

I believe there is a danger in lowering standards on Mack Avenue that you may actually make it less desirable to the businesses we are trying to attract. ? I believe lowering standards could reduce the value of a Mack Avenue business location and harm the community. Our business department works hard to accommodate new business owners, but in order to preserve our attractive retail sector, we need to do so within the existing rules.

If this process is followed according to design, we should have constructive, thoughtful, and transparent input, feedback, and debate utilizing our planning commission, public hearings, Master Plan, and City Council. I believe our goal is to serve the short- and long-term interests of all residents in a balanced way that respects our high standards but adapts if necessary.

In addition to being the City Council representative to the planning commission, I am now the chair of the Mayor’s Mack Avenue Business Study Committee. The purpose of this group is to gather feedback from our business community on issues relevant to the city. We will have our first meeting this winter and on a regular basis going forward.

Resident feedback regarding our business zoning and code ordinances is indeed welcome. Please feel free to attend planning commission and/or City Council meetings and public hearings. Applications for the vacant planning commission seat are due on February 29, 2012. You can obtain the required biographical sketch on the city website.

As a business owner myself, I have a deep appreciation for entrepreneurs and their challenges. I am very proud of our city and look forward to a continuing dialogue on the enhancement and growth of our retail district.

For more information, visit Council Member Kevin Ketels on his website www.ketels.us, Facebook page or send him your feedback directly at kevin@ketels.us.