A) CALL TO ORDER.

The meeting was called to order by Chairman Kusina, at 5:30 p.m. Members present: Kusina, Bennett, Fels, Whitney, Hodgson, Campbell, and Dobulis.

Members absent: Sitzema and Flanders.

Staff present: Harsh, and Manore.

B) INQUIRY INTO POTENTIAL CONFLICTS OF INTEREST.

None noted.

C) APPROVAL OF AGENDA.

Fels moved, supported by Hodgson, to approve the agenda, as printed. Motion carried.

D) APPROVAL OF MINUTES OF OCTOBER 13, 2003.

Deferred to next meeting, as this is a special meeting.

E) PUBLIC HEARINGS.

1) Public Hearing for amendments to “Assisted Living” Ordinance.

Planner Harsh explained that the Planning Commission had forwarded the original amendments being proposed, to City Council. They held a public hearing on them, and had some issues they wanted the Planning Commission to reconsider.

These areas that were considered are covered in the revised amendments being reviewed at this meeting.

The first change being proposed is on page 2, (g), and will give special use approval of these facilities to Charlevoix City Council, instead of the Planning Commission as authorized by Article VIII.

The second change being proposed is also on page 2, item E., which changes unit size for two bedroom units to six hundred twenty (620) square feet.

The next change being proposed is on the same page, (g) H., and states that the maximum building roof height shall not exceed twenty six (26) feet. It also states that the design character of the building shall be reflective of the other residential structures in the immediate area.

Mr. Harsh also stated that the City Attorney had determined that the ordinance couldn’t limit the areas within a zone district where these units would be allowed, as the law states the requirements must be the same throughout a district.

Public comment was invited on these amendments. Chairman Kusina reminded the audience that the only comments being addressed at this meeting are those listed are the amendments presented at this meeting.

Becky Doan stated she wanted to address lighting and access, as she felt these are concerns which are important in a residential neighborhood.

When she was told that comments from the audience was limited to the items up for discussion, she asked where she could address these issues.

Mr. Harsh stated these would be addressed at the time of a development plan or special use permit review. In order to make these changes in the current amendments, language would have to be developed, and a public hearing would have to be held on any additional amendments in this portion of the ordinance.

Dobulis stated he is not in favor of making these changes because with a special use permit, the Planning Commission has the power to require these types of things, in its review.

Harsh stated those items not covered by this amendment could be addressed at Council, or at the time of a special use permit.

Dobulis stated they could have been discussed at the public hearing held by the Council previously, but feels it is best addressed at a special use permit hearing, rather than in an ordinance. If it is stated in the ordinance then it is set, and maybe the height of the lighting might be more offensive to a neighbor, and the planning commission could not then change the required minimum.

John Hess, in the audience, stated he felt this type of use should require a zoning change, but since the Planners were putting it in as a special use permit, and a project meets the requirements, it has to be approved. This will tie the hands of the council, as to what they can approve or disapprove. He also stated it would take away the neighbors right of referendum.

Campbell moved, supported by Fels to recommend approval of the amendments, as presented. Motion carried to approve Amendments to “Assisted Living” Ordinance, as presented at this meeting.

Bill Joy, in the audience noted that sometimes members arrive after the conflict of interest question is asked. He wanted the members to state whether they have had any conflict of interest with any projects of this type in the City.

All members present stated they had not had any conflicts of interest on this issue.

Dobulis stated that even if a member arrived late in a meeting, if an item comes up that they have a conflict on, they would have to speak up and state that conflict.

Hodgson stated that if a request is made by residents that the Planning Commission consider amendments, the Commission should look at it. But, he stated, tonight’s meeting is not the place for that action.

Harsh stated that any changes of this type concerning lighting and access would be an amendment to the performance section of the ordinance. He stated he could get some wording together and put it on the agenda for a future meeting.

Dobulis stated he still felt this is a matter for Council, as they are the ones who will have final approval of these facilities.

Mr. Hess stated he would like the Planners to address garbage services, snowplows, food service, parking, laundry services, snow storage, and double sealing of plans for projects of this type, in order to protect neighbors from problems in any of these areas. He also stated that the Planning Commission has not addressed site condo ordinances, as they should have, and will have no standards for reviewing them once they are proposed.

F) NEW BUSINESS.

None.

G) OLD BUSINESS.

H) PUBLIC INPUT, NOT RELATED TO OTHER AGENDA ITEMS.
None.

I) FUTURE AGENDA ITEMS.

J) ADJOURNMENT.

There being no further business to discuss, Fels moved, supported by Dobulis, to adjourn. Motion carried.

Respectfully Submitted,

Barbara A. Fels
Secretary