PC minutes 4-7-2004

Paul Huyser, 2935 Port Sheldon, presented the request and stated that the sites were the fourth and third parcels from the bank, and the widths were 165 and 110 feet.

The planner said that the criteria used to review rezoning requests were consistency, capability, and compatibility. He said that the parcels were contiguous to existing medium/high density residential and that the proposed zoning of HDR was inconsistent with the Master Plan. He said that density for MHR was 8 units per acre while the density is 15 units per acre in the HDR district. He said that the proposed zoning would permit uses that are more intense than the adjacent area. He said that the property is currently surrounded by MHR with HDR across a main street. He said that both are transitional districts, with commercial to the east and LDR to the west. He said that the rezoning request could be considered to be spot zoning and that in order to rezone the two parcels to HDR, all four of the parcels in the group should be rezoned, not just one or two. He said that the intensity could be reviewed if the four parcels came in as a group for a planned unit development. He said that they could tailor the area with a PUD.

It was noted that the four parcels could come in as a planned unit development request and that the Board and Planning Commission had the authority to waive the ten acre requirement in the PUD chapter.

The request has been advertised for a public hearing for the next meeting.

3. PUDs-none

4. Plats

a. Preliminary Plat of Wallen Estates No. 4

No one was present to represent the applicant. The Planning Commission directed that the applicant be notified that the work session would be held at the next meeting and that someone must be present at the meeting in order for the request to be discussed.

5. Ordinance Amendments-none

V. Other Business

#040407-01 - Letter from Alcor regarding Sec. 3.6(E), which requires that additions be

constructed with similar materials.

The zoning administrator reported the following:

In September 2002, the ordinance was revised to add Sec. 3.6(E), which states that additions, including permanent attachments to a dwelling unit shall be constructed with similar quality workmanship and similar materials as the original structure. After discussion and review with the planners, the determination was made that the amendment would require that any additions to a dwelling unit should have shingles, if the main structure has shingles. This would meet the ordinance requirement for the addition to be constructed with similar materials. Alcor (and other companies) have been constructing three or four season rooms with aluminum roofs in the Township for many years. Since the ordinance change, the room additions have not been approved with aluminum roofs (they have to be shingled), to meet the new ordinance requirement.

Ken VanKoevering, owner of Alcor, would like the ordinance changed to allow him to continue to construct three-seasons rooms with aluminum roofs. He was informed that he could apply for a variance or appeal my decision to the ZBA. However, the suggestion was made that he submit a letter to ask if, when the ordinance was amended, the intention was to include these three or four season rooms. If the intention was to these rooms to have aluminum roofs, then it might be appropriate to amend the ordinance so that the intention is clear. If it was the intention to stipulate that these rooms have shingles, then the companies would either have to provide the shingles or apply for a variance.

Jansma stated that shingles could not be put on a 3/12 pitch roof and to do so would violate the Building Code.

Moved by South, seconded by Poskey, to direct that new language be crafted that would not violate the building code, but provide for requiring additions to be similar to a main structure.

MOTION CARRIED.

B. Letter from Alcor regarding phasing improvements.

A site plan was approved on 10-29-03 (and a SUP by the TB on 11-10-3) for Alcor to construct an addition. Ken VanKoevering, owner, had asked to construct a 30 by 100 foot building. Due to the fact that the business is located on Chicago Dr. and was existing, the site plan was approved with stipulations that sidewalks, landscaping and paving be provided to bring the site into conformance with current ordinance requirements. The applicant submitted a letter asking to construct the building, but would like to phase the other improvements. The suggestion had been made that he develops an appropriate phasing plan and present it to the PC for approval. It would appear that it would be better to have the improvements installed by phases as opposed to the whole project never taking place. Due to the fact that this was approved by the PC, it would appear to be appropriate for the PC to consider the proposal for phasing and act upon it.

Members of the Planning Commission were generally in favor of phasing the project in two years and to require the landscaping, sidewalks and paving to be installed within a year after the completion of the building; however, the decision was made to wait for a motion until the next meeting when all members were present.

#040407-02 - Ordinance amendments regarding Foster Care and State Licensed Facilities

Proposed language regarding foster care and state licensed facilities was discussed. The proposal shows the less intense uses of residences with 6 or less adults for foster care, with 1 to 4 children for foster care, and for a state licensed residential family facility for 6 or less (does not stipulate age) would be permitted by right in the LDR, AG, RR and LMR districts.

The proposal shows that all the other uses that could possibly have six or more either adults or children would be permitted in the AG, RR, LDR and LMR districts with the same standards as a convalescent home (specifically have a minimum of 3 acres and have one property line abut a major street as listed in Chapter 24b). Plus in the LDR and LMR districts, the additional standards would apply.

The uses with more than 6 would be permitted in the higher density districts with less stringent standards.

It appears that these types of uses (where care is provided for more than 6 individuals) would be similar to the convalescent home (like the one recently approved for 44^th St.) and should be permitted in the LDR district as long as they are located on a major road and not in the middle of a subdivision. In addition, the uses (where care is provided for more than 6 individuals) would be appropriate for a more intense residential district with less stringent standards.

Moved by Poskey, seconded by South, to advertise the ordinance amendment for the May agendas as follows:

Sec. 2.2 ADULT.

A person eighteen (18) years of age or older.

Sec. 2.39 Family.

An individual or two or more persons related by blood, marriage, adoption, or legal arrangement, including ~~foster care children~~ and servants, living together as a housekeeping unit in a dwelling unit; or a group of not more than four (4) persons, who need not be related, living together as a single housekeeping unit.

Sec. 2.44a FOSTER CARE.

The provision of supervision, personal care, and protection in addition to room and board, for 24 hours a day, 5 or more days a week, for 2 or more consecutive weeks for compensation.

Sec. 2.44a1 ADULT FOSTER CARE FACILITY.

A governmental or nongovernmental establishment that provides foster care to adults, subject to the Michigan Foster Care Facility Licensing Act, Act 218 of 1979.

Sec. 2.44a2 ADULT FOSTER CARE FAMILY HOME. (6 or less adults)

A private residence with the approved capacity to receive six (6) or fewer adults to be provided with foster care five (5) or more days a week and for two or more consecutive weeks. The adult foster care family home licensee shall be a member of the household, and an occupant of the residence.

Sec. 2.44a3 ADULT FOSTER CARE SMALL GROUP HOME. (12 or less adults)

An adult foster care facility with the approved capacity to receive twelve (12) or fewer adults to be provided with foster care.

Sec. 2.44a4 ADULT FOSTER CARE LARGE GROUP HOME. (13 to 20 adults)

An adult foster care facility with the approved capacity to receive at least thirteen (13) but not more than twenty (20) adults to be provided with foster care.

Sec. 2.44a5 ADULT FOSTER CARE CONGREGATE FACILITY.(More than 20 adults)

An adult foster care facility with the approved capacity to receive more than twenty (20) adults to be provided with foster care.

Sec. 2.44b FOSTER CARE-FAMILY FOSTER CARE FACILITY

A nongovernmental establishment that provides foster care to persons under the age of eighteen (18), subject to the Michigan Foster Care Facility Licensing Act, Act 218 of 1979.

Sec. 2.44b1 FOSTER FAMILY HOME. (1 to 4 children)

A private residence in which one (1), but not more than four (4) minor children, who are not related to an adult member of the household by blood, marriage, guardianship or adoption, are given care and supervision for 24 hours a day, or four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian. The adult foster care family home licensee shall be a member of the household, and an occupant of the residence.

Sec. 2.44b2 FOSTER FAMILY GROUP HOME. (4 to 6 children)

A private residence in which more than four (4) but fewer than seven (7) minor children, who are not related to an adult member of the household by blood, marriage, guardianship or adoption, are provided care for 24 hours a day, for 4 or more days a week, for 2 or more consecutive weeks, unattended by a parent or legal guardian. The adult foster care family home licensee shall be a member of the household, and an occupant of the residence.

Sec. 2.88a STATE LICNESED RESIDENTIAL FACILITY.

A residential care facility licensed by the State of Michigan under At 287 of 1972 of the Public Acts of Michigan, as amended, or Act 116 of 1973 of the Public Acts of Michigan, as amended, which provides resident care services for twenty four (24) hour supervision or care, but does not include facilities licensed by the State of Michigan for care and treatment of persons released from or assigned to correctional institutions.

Sec. 2.88b STATE LICENSED RESIDENTIAL FAMILY FACILITY. (6 or less-no age)

A state licensed residential facility providing resident services to six (6) or fewer persons.

Sec. 2.88c STATE LICENSED RESIDENTIAL GROUP FACILITY. (more than 6-no age)

A stated licensed residential facility providing residential services to more than six (6) persons.

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AG-permitted by right

6.2(K) Adult Foster Care Family Home. (private residence-6 or less adults)

6.2(L) Foster Family Home (private residence-1 to 4 children)

6.2(M) State Licensed Residential Family Facility (6 or less)

AG-permitted with a SUP

6.3(W) Foster Family Group Home (private residence-4 to 6 children)

6.3(X) Adult Foster Care Small Group Home (12 or less adults)

6.3(Y)State Licensed Residential Group Facility (more than 6-no limit-no age)

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LDR-permitted by right (includes RR, LMR, MDR, and MHR)

8.2(F) Adult Foster Care Family Home. (private residence-6 or less adults)

8.2(G) Foster Family Home (private residence-1 to 4 children)

8.2(H) State Licensed Residential Family Facility (6 or less)

LDR -permitted with SUP (includes RR, LMR )with standards the same as for convalescent home

8.3(P) Foster Family Group Home (private residence 4-6 children)

8.3(Q) Adult Foster Care Small Group Home (12 or less adults)

8.3(R) Adult Foster Care Large Group Home (13 to 20 adults)

8.3(S) Adult Foster Care Congregate Facility (more than 20 adults)

8.3(T) State Licensed Residential Group Facility (more than 6-no limit-no age)

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MDR -permitted by right (includes MHR)

9.2(C) Foster Family Group Home (private residence 4-6 children)

(the other uses permitted by right are included in the LDR district)

MDR -permitted with SUP (includes MHR and HDR) with second set of more lenient standards

9.3(J) Adult Foster Care Small Group Home (12 or less adults)

9.3(K) Adult Foster Care Large Group Home (13 to 20 adults)

9.3(L) Adult Foster Care Congregate Facility (more than 20 adults)

9.3(M) State Licensed Residential Group Facility (more than 6-no limit-no age)

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HDR-permitted by right

11.2(G) Foster Family Group Home (private residence 4-6 children)

11.2(H) Adult Foster Care Family Home. (private residence-6 or less adults)

11.2(I) Foster Family Home (private residence-1 to 4 children)

11.2(J) State Licensed Residential Family Facility (6 or less)

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MHP-permitted by right

12.2(G) Adult Foster Care Family Home. (private residence-6 or less adults)

12.2(H) Foster Family Home (private residence-1 to 4 children)

12.2(I) Foster Family Group Home (private residence-4 to 6 children)

12.2(J) State Licensed Residential Family Facility (6 or less)

MHP-permitted with SUP

12.3(H)Adult Foster Care Small Group Home (12 or less adults)

12.3(I) Adult Foster Care Large Group Home (13 to 20 adults)

12.3(J) Adult Foster Care Congregate Facility (more than 20 adults)

12.3(K)State Licensed Residential Group Facility (more than 6-no limit-no age)

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NS-permitted with SUP

14.3(L) Adult Foster Care Congregate Facility (more than 20 adults)

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CS-permitted with SUP

15.3(O) Adult Foster Care Congregate Facility (more than 20 adults)

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Sec. 20.1

(AH) Foster Family Group Home

(AI) Adult Foster Care Small Group Home (12 or less adults), Adult Foster Care Large Group

Home (13 to 20 adults), Adult Foster Care Congregate Facility (more than 20 adults), State Licensed Residential Group Facility (more than 6-no limit-no age)

Sec. 20.4

(AH) Foster Family Group Home

(1) An outdoor recreation area shall be provided of at least one thousand (1,000) square feet in size and shall be enclosed with fencing having a minimum height of four (4) feet.

(2) The property and residence exterior shall be maintained in a manner compatible with the surrounding neighborhood.

(3) The facility shall be in compliance with all applicable State licensing requirements.

(4) The facility shall not be located closer than one thousand five hundred (1,500) feet to another group foster care home, a group day care home, an adult foster care home, a facility offering substance abuse treatment and rehabilitation services to seven (7) or more persons licensed by the State, a community correction center, resident home, halfway house or other similar facility which houses inmates under the jurisdiction of the Michigan Department of Corrections.

(AI) Adult Foster Care Small Group Home, Adult Foster Care Large Group Home,

Adult Foster Care Congregate Facility, State Licensed Residential Group Facility

In the AG, RR, LDR and LMR districts (same as convalescent home):

(1) Minimum lot size shall be three (3) acres.

(2) The lot location shall be such that at least one property line abuts an arterial or collector street (as listed in Chapter 24 b). The ingress and egress for off-street parking areas shall be directly from said thoroughfare.

(3) The main building or buildings shall be set back from all property lines (or distances as determined in Chapter 24b) a minimum of :

a. 40 feet for single story buildings,

b. 60 feet for two story buildings,

c. 75 feet for buildings exceeding two stories or twenty-five feet, whichever is less,

In the AG, RR, LDR, LMR, MDR, MHR, HDR, NS and CS districts (additional requirements for AG, RR, LDR and LMR-however, less strict standards for denser districts):

(1) An outdoor recreation area shall be provided of at least one thousand (1,000) square feet in size and shall be enclosed with fencing having a minimum height of four (4) feet.

(2) The property and residence exterior shall be maintained in a manner compatible with the surrounding neighborhood.

(3) The facility shall be in compliance with all applicable State licensing requirements.

MOTION CARRIED.

D. Ordinance amendments regarding parking requirements.

The Planning Commission directed that the parking requirements be reviewed for possible amendments.

E. Master Plan

The Planning Commission directed that the parcels on Port Sheldon that were currently zoned MHR be shown on the Master Plan as such. The decision was made to make the one change to the Master Plan designations to be consistent with the county, and that is to change AG/RR to RR/AG.

The Planning Commission directed the zoning administrator to review the final copy of the 48^th Ave. Corridor Study, which designates 48^th Ave. as the major north/south corridor and to report the major elements to the Planning Commission.

VI. Commissioner Comments

VII. Staff Comments

VIII. Adjourn

The meeting was adjourned at 8:30 p.m.