Rezoning proposals garner opposition, concerns, questions from residents

Christine Ellis lives in a single-family home on a street with other single-family homes and she wants it to stay that way.

The 17-year Oxford resident attended last week’s public hearing before the village planning commission to voice her opposition to a proposal to rezone her parcel on Davison St. – along with four other parcels along the south side – from R-1 single family residential to Central Business District (C-1) Transition.

“Just to be clear, I am very strongly a ‘no,’” Ellis said. “Absolutely not. Do not change it to C-1.”

The proposed rezoning is part of a whole laundry list of changes to the village zoning ordinance and map currently being considered by the planning commission. No final recommendations or decisions have been made.

“We are not going to take any action tonight on any of this. We are strictly in a testimony-taking mode right now,” explained Gary Douglas, chairman of the planning commission.

A second public hearing regarding these proposed revisions is scheduled for 7 p.m. Tuesday, April 18 inside the village council chambers at 22 W. Burdick St.

For background on the proposed changes, please see the Leader’s March 29 story, which can be found online at oxfordleader.com/village-proposes-sweeping-change-to-zoning-ordinance-map-public-hearings-set-for-april-4-18-at-7-p-m/.

The majority of the proposed changes are broad in scope, however, there are a few rezonings proposed for specific areas on Davison St. and Dennison St. and specific properties such as the village hall and Oxford United Methodist Church.

Most of the public’s comments and questions pertained to the specific changes.

The proposed changes are currently all part of one package, but Douglas noted there’s a possibility the specific changes could be separated and dealt with “on a case-by-case basis.”

“None of this is set in stone right now,” he said.

Although he is only one vote, Douglas pledged, “If I find that there is an enormous amount of opposition to even the concept of bundling (all these proposed rezonings together), we’ll separate them immediately.”

14-32 Davison Street

Although the south side of Davison St. is lined with homes, the north side is currently zoned industrial (I-1) with a proposal to rezone it to C-1 Transition as well. There is already C-1 Transition zoning to the west in the form of the Merge Studio & Gallery property at 33 Pleasant St.

Permitted uses in C-1 Transition zoning include retail establishments, restaurant/bars, hotels, office space, medical facilities, personal service businesses, mixed use and residential uses, both multiple family and single family.

The proposed C-1 Transition rezoning of the south side of Davison St. is consistent with the Near West Side Redevelopment Plan adopted by council last year as part of the village’s master plan update.

According to the plan, Davison’s single family homes are “planned to remain, but it is the intent . . . to include office or low-intensity retail uses such as art galleries and antique shops.”

“These uses would complement both the downtown businesses along Washington (Street) and the Merge complex, while not presenting a hazard to the remaining single family homes,” the plan states.

Village Planner Chris Khorey, of the Northville-based McKenna Associates, said the rezoning, if approved, would not affect any of the current residents’ ability to continue living in their houses.

“(I) do want to be clear that C-1 Transition zoning does allow single family homes,” he said. “We would not be creating any nonconforming uses. Everything that’s there would be allowed.”

But Ellis, who lives at 28 Davison St., opposes the types of changes C-1 Transition could allow in her neighborhood.

“I moved here because I like the small town,” she said. “I don’t like that some developer or some master plan is being proposed to take my street that I live on with my kids and turn it into some sort of mixed-use street.”

The property currently used for business purposes on the north side of Davison St. doesn’t bother Ellis.

“I appreciate them,” she said. “They’re quiet. They’re closed at night.”

Ellis is concerned about how this proposed rezoning could impact the investment she’s made in her home.

“My house is a very old home. I’ve put considerable time, effort and money into rehabbing it,” he said.

Ellis said she did all this “not knowing that the steam train of development was coming my way.”

She questioned if rezoning her property to allow for commercial uses would prevent her from someday selling it for continued use as a single-family home.

“As far as resale goes, there would be no restrictions on selling to another family to live in the home,” Khorey responded.

The Near West Side Redevelopment Plan states if the homes on the south side are ever torn down, “the redevelopment should include small apartment buildings or townhomes.”

However, it’s also noted in the plan that while the demolition and replacement of these homes is allowed, “it is not the intent of this plan for the homes along Davison to be replaced with new construction.”

Chuck Schneider, developer and owner of many buildings in Oxford, noted if he was involved in developing any of the parcels on Davison St., “those houses would all stay because why would you tear those houses down?”

Pointing to his previous developments in town as an example, he told the commission, “I don’t tear anything down. I fix it up and keep it.”

Schneider owns three properties along N. Washington St. (M-24), near Davison St. – the former Huntoon Funeral Home (47 N. Washington St.) along with the two houses at 57 and 65 N. Washington St.

21 and 25 Dennison Street

These two houses, one of which is located at the northeast corner of Dennison and Hudson streets, are currently zoned R-1 single family residential. It’s being proposed to rezone them to C-1 Transition.

“There is a very preliminary development proposal that would replace those single family homes with townhouses,” Khorey said.

That was all the information that could be provided at the hearing because the individual interested in doing this was not in attendance to supply further details. It is hoped he will attend the April 18 hearing.

Sean Egan, who recently moved into 27 Dennison St., was disappointed the developer wasn’t there to answer questions.

He told the commission, “I’m all for developing the community and making it a great place for families to live.”

However, if it’s going to be a “bunch” of 350-square-foot efficiency multi-family units, “I’m completely against that.”

But if it’s a matter of keeping those two houses in place and transforming them into boutique shops, Egan said, “I would be open to that.”

Oxford United Methodist Church

It’s proposed to rezone this 21 E. Burdick St. property from R-1 single family residential to C-1 Transition.

Khorey said “everything around it” is currently zoned either C-1 Transition or C-1 Core.

The proposed rezoning would not impact the church’s continued operation or hinder its ability to expand the building in the future, the planner explained.

Churches are allowed as special uses in both R-1 and C-1 Transition zoning.

But Tony Rizzo, co-chair of the church’s board of trustees, wondered, “If there’s nothing wrong with the way it is, why do we have to change it?”

Khorey explained the change would actually make the building easier to sell in the future, if the church ever decided to do that.

The planner also indicated C-1 Transition zoning would be a better fit because the church currently allows the use of its front and rear lots for public parking.

Khorey’s “worried” that someone with an R-1 zoned house near the downtown might decide they, too, can have public parking on their property.

“You’re allowing something to happen that shouldn’t happen,” explained Commissioner Jack Curtis. “You can’t have public parking in R-1. And that’s what’s going on right now . . . You can have a church in R-1, but you can’t have (public) parking. So, don’t set the precedent that if (the church is) doing it, (an) R-1 (property) over here can do it, too.”

In the end, Khorey said, “There really is not a downside for the ongoing operation of the church here. We don’t think it’s something that will hurt the church.”

Village Municipal Complex

Given the village has been authorized by voters to sell the 22 W. Burdick St. property, Khorey said rezoning it from multiple family residential to C-1 Transition would “broaden the possibilities of what could potentially go here” as the new zoning would allow both residential and commercial uses.

The idea is this could increase the likelihood of the property being sold as well as boost the sale price to the point where it could reduce or eliminate the cost to the taxpayers to move or renovate the village offices, according to Khorey.

Russell Gill, who lives at 28 W. Burdick St., expressed his concern about how developing the site for commercial and residential uses could impact public parking in that area, which is currently filled to capacity on Thursday, Friday and Saturday nights as downtown’s restaurants and bars experience their busiest times.

“I’d like to remind everybody that every time we consider a development, parking is always of preeminent concern,” Douglas noted. “We probably spend more time thinking about parking than almost any other concept related to the development, primarily, because it’s (at) such a premium here in this village.”

Gill also told commissioners he would “hate to see” small, multi-family units built on the site.

He would prefer something along the lines of brownstone housing because that would be better for the village tax base and it “brings in people that are economically safe.”

 

2 responses to “Rezoning proposals garner opposition, concerns, questions from residents”

  1. That stretch of Davison St. in Oxford is a mix of uses as it is, especially with the north side being nothing but NON-residential, and the street itself dead-ending at Pleasant where retail already exists in the old co-op building. Providing a commercial-based zoning opportunity for those few homes on the south side of Davison St. could potentially turn that strip into an attractive augmentation of the Village’s downtown retail district–similar to what downtown Rochester has evolved into, with its privately owned boutique shops located on some of the east-west streets off Main Street.

    And if I am correct, the residents currently living there would not have to be in violation of their rights in terms of having a residential use, nor would that use be restricted in subsequent sales of the properties. Finally, I am fairly certain a “commercially” zoned property generally garners a higher resale value than “residential”, in general, which would obviously benefit the current owners.

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