PC minutes 5-19-2004

1. Compliance with the special use standards of the ordinance,

2. All berms be maintained,

3. All operations be completed no later than June 1, 2009,

4. Mineral mining hours of operations are Monday through Friday, 7 a.m. to 6 p.m., and additional dredging hours of operation, with no gravel train hauling, on Saturday from 7 a.m. to 3 p.m.,

5. Receive approvals from the Mineral Mining Board.

It was noted that the applicant has already received an extended license approval from the Mineral Mining Board.

MOTION CARRIED.

Moved by Jansma, seconded by DeGood, to approve the site plan dated April 12, 2004, conditioned upon special use approval by the Board, and subject to the conditions attached to the special use approval.

MOTION CARRIED.

#040519-04 - Preliminary Plat of Sugar Maple Estates

Steve Smit, Focus Engineering, represented the applicant and presented the request. He said that there was no change from the plan that had been previously approved. The developer had just failed to return within the one-year time frame for final preliminary plat approval.

The chairman opened the public hearing.

Todd Meyer, 7084 Maplelawn, said that he lived on lot 21 and he had questions regarding the holding pond.

The applicant said the Drain Commissioner had an easement for access to maintain the area.

Todd Meyers said that there are weeds and it looks bad. He said that there are piles of dirt and the area is a mess. He said he’d like to see the plan for completion of the area.

Duane Verkaik, 3035 Rosewood, asked if the Township had owned the property.

The applicant stated that the land had been purchased from the Drain Commissioner a couple years ago.

It was noted that after the property was platted, the Township could enforce ordinances with the owners.

Jansma stated that the sale of the property had been advertised in the local newspaper.

There was discussion regarding drainage issues on the property.

The applicant stated that the Drain Commissioner had granted approval for a pond to be dug; however, the owners were not certain if they would dig a pond. He said that the area would be cleaned up.

It was noted that water could not be platted and that this area was part of the Chapter 20 drainage district. It was also noted that the ordinance did not regulate ponds or require that they be fenced.

Floyd Beuttner, 7123 Rolling Hills Dr., said that the detention area had problems and that it gets filled. He said that they have been having discussion with the Drain Commissioner and he was concerned with the level of water.

Jansma stated that more water could not be discharged in amounts greater than prior to development on the site. He said that it was the responsibility of the Drain Commissioner to address these issues.

It was noted that the Planning Commission had the authority to approve the plat if it met the ordinance requirements, but had no authority over the drainage issues, which were the responsibility of the Drain Commissioner.

Ron Miller, 7109 Rolling Hills Dr., had that he was at a Township meeting a year ago when this plat was first proposed and it was said that lots would not be sold until the lake was developed. He said top soil had been pushed up and brush was going in the drainage ditch.

Duane Verkaik said that he was asking questions and getting no answers for water problems.

The chairman stated that the Planning Commission only has the authority to look at the layout of the plat and drainage issues were the responsibility of the Drain Commissioner.

Ron Miller said that the brush had been removed and topsoil was mounded into dirt piles.

Mrs. Duane Verkaik asked if the lots would be upscale.

It was noted that all lots and houses had to meet minimum requirements in the Ordinance.

The chairman closed the public hearing.

Moved by Jansma, seconded by DeGood, to recommend to the Township Board tentative preliminary plat approval of Sugar Maple Estates, as shown on the drawing dated April 6, 2004, and with the condition that the applicant obtains all necessary approvals.

MOTION CARRIED.

#040519-05 - Ordinance Amendments-Foster Care and State Licensed Residential Facility

The zoning administrator stated that the amendments were the result of a request by a Township resident to have a use of a State Licensed Residential Facility and the use was not included in the Zoning Ordinance. It was noted that the issue had been studied by the planner and zoning administrator. The proposal allows the less intense uses, such as those with six or less people, in the less dense zoning districts, and allows the more intense uses, such as those with more than six people, in the higher density districts. In addition, the more intense uses would be allowed in the LDR district with a special use permit with the standards similar to those of a convalescent home.

The planner noted that research had been conducted with laws, neighboring municipalities, and uses currently allowed in the ordinance. The proposal was consistent with the findings.

The chairman opened the public hearing.

Jon Bryant, 8636 24^th Ave., asked if someone had submitted an application.

It was noted that the amendment had been the result of an applicant requesting the use, but no application had been formally submitted.

The chairman closed the public hearing.

Moved by Jansma, seconded by DeGood, to recommend to the Township Board approval of the proposed ordinance amendments 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.

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.

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.

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.

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.

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.

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.

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

Sec. 2.88c STATE LICENSED RESIDENTIAL GROUP FACILITY.

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

6.2(K) Adult Foster Care Family Home.

6.2(L) Foster Family Home

6.2(M) State Licensed Residential Family Facility

6.3(W) Foster Family Group Home

6.3(X) Adult Foster Care Small Group Home

6.3(Y)State Licensed Residential Group Facility

8.2(F) Adult Foster Care Family Home.

8.2(G) Foster Family Home

8.2(H) State Licensed Residential Family Facility

8.3(P) Foster Family Group Home

8.3(Q) Adult Foster Care Small Group Home

8.3I Adult Foster Care Large Group Home

8.3(S) Adult Foster Care Congregate Facility

8.3(T) State Licensed Residential Group Facility

9.2I Foster Family Group Home

9.3(J) Adult Foster Care Small Group Home

9.3(K) Adult Foster Care Large Group Home

9.3(L) Adult Foster Care Congregate Facility

9.3(M) State Licensed Residential Group Facility

11.2(G) Foster Family Group Home

11.2(H) Adult Foster Care Family Home

11.2(I) Foster Family Home

11.2(J) State Licensed Residential Family Facility

12.2(G) Adult Foster Care Family Home

12.2(H) Foster Family Home

12.2(I) Foster Family Group Home

12.2(J) State Licensed Residential Family Facility

12.3(H)Adult Foster Care Small Group Home

12.3(I) Adult Foster Care Large Group Home

12.3(J) Adult Foster Care Congregate Facility

12.3(K)State Licensed Residential Group Facility

14.3(L) Adult Foster Care Congregate Facility

15.3(O) Adult Foster Care Congregate Facility

Sec. 20.1

(AH) Foster Family Group Home

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

Home, Adult Foster Care Congregate Facility, State Licensed Residential Group Facility

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:

(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:

(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.

#040519-06 - Ordinance Amendments-Sec. 3.6(E)

The zoning administrator explained that the proposed amendment addressed the issue of an addition being architecturally similar to the main structure as long as building codes are met.

The chairman opened the public hearing. No one was present to speak on this topic. The chairman closed the public hearing.

Moved by DeGood, seconded by Poskey, to recommend to the Township Board approval of the proposed amendment as follows:

Sec. 3.6(E)

~~Additions, including permanent attachment to a dwelling unit, shall be constructed with similar quality workmanship and similar materials as the original structure.~~ Any building addition with an area greater than 120 square feet shall be permanently constructed on a concrete foundation {except under the provisions of Sec. 3.6(D)} and shall conform to all applicable building and other similar codes for such a structure. The architectural character of all building additions shall be compatible with and similar to the existing principal building with respect to materials, scale, design, and aesthetic quality, as determined by the Zoning Administrator.

MOTION CARRIED.

#040519-07 - Master Plan

The proposed Master Plan draft dated 5-14-04 and Future Land Use Map draft dated 5-19-04 were discussed. Changes to the text were added that incorporated the 48^th Ave. North-South Corridor Study by reference. The area on Baldwin east of the Township Office on the north side was discussed and the decision was to leave the area designated as LDR. The area on 48^th Ave. north of the Township Ice Arena was discussed and the consensus was to leave it designated as NS.

Moved by Jansma, seconded by DeGood, to adopt the draft Master Plan dated 5-14-04, including the draft Future Land Use Map dated 5-19-04, with the revisions as noted.

MOTION CARRIED.

#040519-08 – Adjournment

The chairman adjourned the meeting at 8:55 p.m.