Community Development Director Kelly Freeman presented a Form-Based Zoning Code (FBC) to city commissioners Monday, March 6, receiving a four to three vote in favor of a second commission reading and vote scheduled for April 17.
The planning commission tied during its FBC vote. Two members were absent. The planning commission has called for a second vote. A date has not yet been set.
According to Freeman, a city-wide survey was conducted in 2017. It was completed by approximately 373 community members. Surveyors were asked to gauge the importance of preserving character and history in the Sault’s downtown district.
Freeman said that 79% of respondents voted in favor of enhancing and maintaining the historic character of downtown Sault Ste. Marie.
“On the question of the character of new or significantly renovated buildings being consistent with existing historic buildings, approximately 65% of the 373 respondents either agreed or strongly agreed,” Freeman said.
The proposed FBC was designed to accommodate modern development without sacrificing the city’s traditional style.
Sault Ste. Marie is the oldest city in Michigan, founded in 1668. A character defining the city was established during the early 20th century.
Business and property owners have spoken for and against the adoption of FBC codes.
Retired Boeing Aerospace Executive Matt Wilks resides in the Sault, where he works with his father-in-law, Cleary Rentals owner Pat Cleary.
Cleary said he owned more properties than any other property owner within city limits, apart from the local, state, and federal government.
“I am very much opposed to the adoption of these codes,” said Wilks, who would like to hear more input from city business and property owners on the matter.
City resident Chuck McCready agreed, saying “Fundamentally, we would be imposing aesthetic standards only pleasing to a small number of people. How many people who voted have an invested interest? We live in a society where we espouse certain freedoms – Freedom of expression.”
City Commission Ray Bauer also spoke out against the adoption of the FBC. He was also one of the three commissioners who voted “no” during Monday’s city commission meeting.
“I believe it inhibits development,” Bauer said. “When you put more restrictions on things, how could it not inhibit development?”
When Bauer purchased and renovated Soo Brewing Company and 1668 Winery, he needed a place to brew. He argued that the FBC, as written, would not have allowed for such use of the property. Bauer has also constructed a deck above his brewing business, where customers can view freighters passing through the St. Marys River. He pointed out that while it may have financially saved his business, it would not have been considered a traditional/historic use of the property under proposed FBC regulations.
“It is hard to be visionary and forward thinking when we are stuck holding on to the past,” Bauer said.
But property owner Danna Sanderson, who has spent a reported estimate of $1 million buying, renovating, and developing Sault Ste. Marie properties, has opposing views.
“For me form-based code is a reality, not theory,” Sanderson said. “In the last six years, my husband Terry and I have purchased and developed five historic properties. Right now we are looking for our sixth property.”
She questioned how many people have heard, “Why can’t we be more like Petoskey?”
Sanderson answered by saying, “The reason we are not like Petoskey is because we are Sault Ste. Marie.”
She argued the city has its own identity that should be preserved by using what is already available.
“Have you ever been to Petoskey, Marquette, Charlevoix, Grand Rapid, East Lansing?” Sanderson asked. “Have you seen any stagnation in their development? Development and progress is happening all of the time. Commercial property values tend to rise in all of those areas, which is not true in Sault Ste Marie.”
Sanderson said FBC would make for a more attractive and valuable city, adding that it could take years before any significant economic impact is noticed.
“Is there a higher cost associated with implementing the Form Based Code? Yes, there is, but they are not impossible costs,” she said.
The downtown area currently operates under a conventional style zoning ordinance with regulations on bulk size and height ordinances already in place.
The proposed FBC can be found here. It is a 94-page document regulating the development of both existing buildings and new buildings.
Regulations on existing structures would include modifications made to landscapes, public lighting, awnings, storefronts, and overall building design standards.
For example, new provisions to replace a window would restrict the use of brick molding on non-masonry buildings.
All windows, excluding storefront glass and transoms, would have to be made operable. No horizontal sliders would be allowed. Windows would be required to maintain a minimum glass transparency of 80%. Shutters would be a half of the width of corresponding sashes and installed with hinges. Additional window revisions can be found on page 2-04 of the document.
Whereas regulations on new structures include allowable building types according to district, whether residential, commercial, governmental service, and etc. View Table 3.1 to see what would be allowed when building a structure in the downtown district.
“You are not answering the question from five years ago anymore because you do not have a definition of what ‘substantially modifying’ or ‘substantially renovating’ a building means,” Wilks said during Monday's meeting. “With the removal of any financial or test for what that is, whether it’s 50% of replacement costs or true cash value, you are now in a world where when you pull a building permit you are going to have to pull a building permit now, especially for some of these facades.”
Freeman said city staff discussed proposed changes to when historic preservation standards in the FBC would be triggered during a Thursday, Feb. 23 meeting, ridding the trigger altogether.
“Initial proposals would trigger the historic standards based on the value of the work proposed vs the value of the building,” he said. “The planning commission voted unanimously to remove any trigger value making them applicable to any exterior project involving a contributing structure within the downtown historic district.”
Wilks said there was no question costs would rise, agreeing with surveyors that certain standards must be met. However, he questioned the benefit FBC would bring to the city, its residents, and private property owners vs costs.
"There is still this fallacy out there that people think business owners are rich people," McCready said. "Anything that increases costs to a business is detrimental to the development of that business. I haven't seen any studies saying this is cost effective."
A motion to approve the first reading of the proposed downtown form-based code and schedule second reading for the April 17th city commission meeting was set by commissioner Andrew Rubinstein and seconded by commissioner Scott Marble.
Mayor Don Gerri and commissioner Jodi Bosbous-Rath also voted yes.
Commissioners Ray Bauer, Steve Habusta, and Shane Miller opposed.
You may view the agenda from the Monday, March 6 Sault Ste. Marie City Commission meeting, here, along with the proposed form-based code and attached documents.
