A contentious vote after several hours of discussion resulted in a recommendation of rezoning for a proposed project on the site of a former restaurant and bank in downtown Birmingham.
The city's planning board voted 4-3 to recommend approval of a rezoning of the former Mountain King restaurant and Talmer Bank building at 469 and 479 Old Woodward from D-4 to D-5, which would allow for a building with more than five stories.
The project is one that's worked through the city's system for years, with the project bouncing between the planning board and the city commission. The city commission could not come to a consensus on the rezoning back in March 2019 and the petition was brought back to the planning board where issues surrounding adjacent properties have been discussed throughout the months.
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The proposal for the site, if approved, includes a nine-story mixed-use building. It's a project that drew several dozen residents to log onto the virtual meeting, which was held via Zoom due to the coronavirus pandemic. Much discussion came from representatives and residents who live at nearby Birmingham Place, who opposed the rezoning and project and would rather see the zoning remain as D-4, which would cap the maximum height of a building to five stories.
"We submit that a nine-story building, why can't he develop a five-story building?" said J. Patrick Howe, an attorney representing the Birmingham Place Residential Condominium Association and Birmingham Place Commercial Condominium Association. "We ask that the planning board recommend that this application be denied."
Planning board member Robin Boyle made the motion to recommend the rezoning, saying he believes the arguments made by residents at Birmingham Place for keeping their current setup make it clear to him that another such building would see success as well.
"I've spent a lot of time on this issue as we all have, and even today I walked around ... the building taking photographs," Boyle said. "Each of the letters that I read from each of the residents of Birmingham Place contain the arguments in favor of D-5.
"This current application is evidence that others, particularly the developer, believes he can sell that same lifestyle to others, to live in close proximity to others, to walk to the bar, the yoga (studio) and have access to transit on Woodward."
Planning board members J. Bryan Williams, Daniel Share and chairman Scott Clein were the "no" votes on the recommendation.
Farrah Markus, one of the petitioners for the project, said rezoning the project would benefit nearby residents next door, since the current rezoning would still allow for a building and would not require a special land use permit.
"I will build lot line to lot line, back and forth and block everybody's view except for the last floor-and-a-half. I'm zoned for it and I'm ready to do it," he said. "That's what's going to happen if they don't work with me and help me to provide them a building that's better for them in the long run.
"They're going to regret what they're asking for when I build a D-4 because they don't want to work on a D-5 proposal that's subject to a (special land use permit) when I can work with the city, with the officials, with everybody involved to build a building that works out for everybody."
With the recommended approval, the rezoning will now go to the city commission for its review and decision.
Clein said he had issues the height, saying several plans for the city don't neccessarily call for taller buildings in the downtown area.
"I do understand the consideration that the rezoning would be in the spirit of 2016 in regarding to massing and height," he said. "Nowhere does it contemplate an increase in height. There has not been one meeting, not one set of comments that has said, 'you need to be taller than five stories.'
"To say one site building higher to give us more density justifies it, I don't know if I'm there yet."
Other elements postponed
Two other aspects of the project — a community impact study and a preliminary site plan — were tabled by the planning board during its May 27 meeting after it was determined a lack of proper signage notifying the public about the hearings.
Clein said it was the city attorney's opinion that since the signage was not placed properly at the site, the hearings could be postponed. The planning board voted unanimously to do that, pushing those items back to the agenda for the June 24 meeting.
"Guidance has been provided by the city attorney on this matter. We don't take that lightly," he said. "We are here to follow that guidance as a board."
Rick Rattner, an attorney representing the petitioner, told the planning board he objected to the postponement. He said there was signage at the buildings indicated the project was being proposed and has a QR code that sends residents to the city's website when scanned with a smartphone, which lists all items being proposed for the site.
"Are we really talking about notice here, or our we talking about just another chance to delay a lawful development where somebody is attempting to develop this property under the ordinances of the City of Birmingham?" he said. "That's not a lack of notice, that's full notice."
Contact reporter David Veselenak at dveselenak@hometownlife.com or 734-678-6728. Follow him on Twitter @davidveselenak.
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Birmingham board recommends rezoning at former Mountain King site for nine-story building - Hometown Life
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