No revisions, commission opts to keep 500 feet rule

By Shelby Stewart
Staff Writer
Brandon Twp.- On Tuesday night, the planning commission voted 7-0 to keep two ordinances pertaining to adult foster care facilities as they currently are.
“The planning commission will be sending this back to the township board with the recommendation that we keep things as they are now,” said Planning Commission Chairman Richard Lowthian.
“The township board has the final say in what happens. And based on the fact that they have sent this back to us once, I would not be surprised to see it coming back again. But, perhaps in the mean time, we can get more information about why the township board wants us to remove that 500 feet and see where it goes from there.”
At issue is an ordinance first put in place in October of 2018, when residents were concerned that another AFC would open on Sleepy Hollow. The current home on the street was under scrutiny due to housing, and later removing, two registered sex offenders recently released from prison back in May of 2018.

The current ordinances, 46-204(b)(3) (RE Rural Estates) and 46-205(b)(2) (R-1A and R-1B Single Family Residential), state that adult foster care facilities cannot be within 500 feet of each other as measured linearly between the closest property lines. The township board sent the ordinance to the planning commission for possible revision and repeal of the 500 foot rule, as advised by their township attorney and litigation attorney.
“My reasons are, one, the planning commission was not presented with any evidence or opinions whatsoever, either in open session or a closed session, that the ordinance, or the 500 feet, violates any law,” said Jody Hall, a commissioner.
“I understand there was some suggestion about case law, but honestly, we don’t have any opinions from anyone that this actual 500 feet would violate that. Also, we had written testimony by five people and oral testimony by six people giving us the unique circumstances, how this situation impacts their area, testimony by several people about how the owners of the group homes plans, owns two homes, plans on buying all of the homes on the lane when the property has been devaluated, so to me, he is trying to do a cluster of group homes here. And all the other issues that go around with having a significant number of group homes in one area, increased traffic, impact on roads, impacts of public safety, taxing on public resources.”
Residents spoke at the meeting, concerned that another AFC would open on Sleepy Hollow. The current home on the street was under scrutiny due to housing, and later removing, two registered sex offenders recently released from prison back in May of 2018. Residents also were concerned about the residents of the group homes receiving proper care from licensed workers, and a possible challenge with integration into society due to distance from businesses.
“My concern, obviously listening to everybody’s concern, brings me to the care of the people in the home,” said secretary Lisa Orsini. “So if we have this gentleman that has blatantly does some of these things, and we have sex offenders in the home, we have caregivers that we don’t know are qualified, my concern would be what’s going on with the care of the people in the home. Are they getting the care? Amongst all these other issues, I don’t want to forget about the people that are actually being put into the home, to get back into society, are they really being taken care of? Are they being abused, how do we know if they’re being abused? What is the regulations on that?”
The recommendation will go to the Township Board, who will discuss the ordinance and possibly change it as they see fit.

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