{"id":4028,"date":"2023-06-02T10:34:04","date_gmt":"2023-06-02T14:34:04","guid":{"rendered":"http:\/\/betsiecurrent.com\/?p=4028"},"modified":"2023-06-02T10:49:02","modified_gmt":"2023-06-02T14:49:02","slug":"zoning-and-you-benzie-county-housing","status":"publish","type":"post","link":"http:\/\/betsiecurrent.com\/index.php\/zoning-and-you-benzie-county-housing\/","title":{"rendered":"Zoning and You"},"content":{"rendered":"\n

The absolutely imperative and thoroughly unsexy world of zoning, and why you should care<\/em><\/h2>\n\n\n\n

By Liz Negrau
Current Contributor<\/strong>

First of all, congratulations for intentionally starting to read an article about zoning. Just to be completely transparent on what you are getting into, please note that there will be no amusing anecdotes or photos of pets to incentivize your continued reading. What there will be is a mediocre and half-researched overview of zoning in Benzie County, as well as candid opining on potentially controversial zoning issues currently affecting our region.\u00a0

Fair warning issued; so let\u2019s get into it.

Zoning laws are regulations that govern the use of land. They can be used to restrict the types of buildings that can be built, the density of development (i.e. how close buildings can be built next to one another, and how tall those buildings can be), and the use of land for purposes such as commercial or residential or agricultural.\u00a0

As thoughtfully put by Jeff Sandman, chair of the Homestead Township Planning Commission, planning and zoning is also \u201cvital to the balancing act of creating access to affordable housing and doing it responsibly. With the help of a strong and experienced zoning administrator, an informed and thoughtful planning commission can pave the way for the right housing development for the community\u2026 while still putting various conditions on the project, which can protect the community and the integrity of planning and zoning.\u201d

When done correctly, zoning can be instrumental in preserving the character of communities and providing for needed infrastructure, while at the same time\u2026 hnk…zzzzzzzzzzz\u2026\u00a0

Okay, maybe enough of the overview.

As interim executive director of the Frankfort Area Community Land Trust, I recently had the opportunity to speak on a panel\u2014comprised of much wiser and more well-dressed individuals\u2014addressing how zoning is impacting local communities\u2019 abilities to build much-needed housing. The disparate and extremely well-informed panel speakers ranged from Tony Lentych, of the Traverse City Housing Commission and newly appointed chief housing investment officer for the Michigan State Housing Development Authority (MSHDA), to Ashley Hallady-Schmandt, director of the Northwest Michigan Coalition to End Homelessness. Other sage leaders included Yarrow Brown of Housing North and Wendy Irvin, CEO of Grand Traverse Habitat for Humanity.\u00a0

What this panel had in common\u2014besides our ability to snarf down about three dozen cookies in one sitting\u2014was the daily effect of zoning regulations on our efforts to increase attainable housing in Northwest Michigan.

Zoning laws ostensibly exist for the greater community\u2019s protection. Unfortunately, these complex and integral rules and regulations take years of planning and incredible resources\u2014financial and otherwise\u2014at the end of which, we have to show: a snoozefest of a PDF document. But a legal and binding snoozefest that governs every aspect of what and where you can build, in minutia.

But it\u2019s not just the length and complexity of these documents\u2014it\u2019s also the quantity of them.

A Dozen Zones<\/strong>
More than a decade ago, Benzie County went from a county-wide zoning model to one in which each township, village, and city would administer its own zoning and planning. There are now 12 communities in Benzie County with their own zoning ordinances.\u00a0

Additionally, we have zoning \u00a0\u201coverlays,\u201d which provide an additional layer of zoning specifically designed to protect the unique character and natural resources of our communities. Examples of overlays include historic, conservation, floodplain\/wetland, watershed, and agricultural.\u00a0

While a number of organizations in Benzie County\u2014like the Crystal Lake Watershed Association (CLWA), for example\u2014have been formed specifically to advocate for and monitor our natural resources, the actual protection falls solely at the local government level, so Benzonia Township, Crystal Lake Township, Lake Township, etc. in the case of the lands that fall within the Crystal Lake Watershed.\u00a0

Moreover, protective regulations and ordinances can fall within multiple governmental entities; for example, both a township and county, and possibly even state (like the Michigan Department of Environment, Great Lakes, and Energy, or EGLE, formerly known as the Department of Environmental Quality, or the DEQ).

As a newish member of Frankfort\u2019s Zoning Board of Appeals (ZBA), I have had occasion to see how the historical complexity of these zoning PDF documents, as well as some outright laziness, can confound even seasoned architects and builders. Putting aside those who literally admit in ZBA meetings to not having read the zoning ordinances\u2014it\u2019s in the public record, folks\u2014there still exists some ambiguity and legitimate reason for needing a zoning variance, hence the purpose of our board. But in general, modern \u201cPlanning and Zoning\u201d is relatively accessible for the average citizen, and comprehension is furthered by copious examples, drawings, and easy-to-read charts.\u00a0

But the complexities of zoning were not the topic of discussion for the Housing Panel that I attended in April, nor the topic of this article. Instead, I draw your attention to the ugly underbelly of zoning laws, namely when they become restrictive and outdated (at best) and potentially inequitable and discriminatory (at worst).\u00a0

Inequitable zoning refers to the way that zoning can be used to create and maintain any type of segregation, but particularly racial and socio-economic. Because zoning laws are regulations that govern the use of land, they can be used to restrict the types of housing that can be built, the density of development, and even who can live in the homes.

As a seemingly innocent example, zoning can be used to create or prioritize \u201csingle-family zoning districts,\u201d popularized during the 1950s and 1960s, when the first zoning \u201cMaster Plans\u201d were created across the United States. Often, these are defined by spacious lots (one-quarter of an acre or more), with a single home on generous setbacks from the road and sidewalks. Benzie County has numerous communities built with this planning in mind, which was a workable and aesthetically pleasing neighborhood layout, especially for small towns, as they remained convenient to schools and businesses. \u00a0

The 1960s-1990s era brought the influx of the suburban planning model, which called for even larger lots, enabled by the ownership of one or two cars for the average household. Hand-in-hand with these tracts, however, came less attractive regulations: deed restrictions, overly-empowered Home Owner Associations (HOAs), and exclusionary residential districts.

Then and Now<\/strong>
Zoning in Benzie County and in Northwest Michigan, while more rural and later to develop, also has a long history.\u00a0

Benzie County as a governmental entity and location was \u201ccreated\u201d in 1863, and the first zoning ordinance in Benzie County was adopted in 1924. The ordinance was designed to protect the character of the community and to provide for public safety\u2014untethered horses and the like, I guess, judging by the number of barns-cum-Accessory Dwelling Units (ADUs) still scattered around some of our century-year-old homes. Ordinances were amended several times over the years, with the newest being adopted in 2010 (with amendments), and goals increased to include promoting economic development and protecting the environment.\u00a0

In no instances in my less-than-exhaustive research did I find an example of zoning becoming less restrictive.

This is about to change, however.

In the past few years, Benzie communities\u2014in response to concerns about housing shortages and skyrocketing home prices\u2014began researching ways to create what local nonprofit Housing North refers to as \u201cHousing-Ready Communities.\u201d According to the 2019 Northern Michigan Target Market Analysis cited by Housing North, Benzie County is projected to need an additional 703 housing units\u2014ideally 425 rental units and 278 owned units\u2014by 2025. (Note that this study was compiled pre-COVID-19. Housing North\u2019s executive director, Yarrow Brown, has said we can add about 20 percent to that need, in a post-COVID world.)\u00a0

Per Housing North\u2019s toolkit<\/a>, communities can start with a straightforward checklist that helps them to ascertain how prepared they are to welcome housing development.\u00a0

Roughly half of the checklist pertains to zoning.\u00a0

The other half includes questions on housing needs, community support, available funding, and the opaquely titled \u201cDevelopment Opportunities.\u201d This section is the checklist\u2019s meat and potatoes\u2014probing the ease of accessing necessary forms and permits, identifying obstacles like lack of water or sewer access, and determining if appropriate infrastructure exists to support growth.\u00a0

The document is both concise and widely applicable. It also stresses the importance\u2014in multiple areas\u2014of community backing. To wit, the plethora of recent examples of development planning being \u201cpresented\u201d to local municipalities and communities, only to learn exactly how unwanted that development is.\u00a0

\u201cAn informal introduction to the planning commission, at a regularly scheduled meeting, is a critical first step to explain the proposed development and to gain feedback,\u201das Jon Stimson, executive director of HomeStretch, recently put it. \u201cIt allows the public to have a record of the facts before any rumors are created. Valuable information is obtained by both parties, and subsequent presentations show how the development was tailored to the initial feedback. \u00a0

The process used by HomeStretch, a non-profit housing developer based out of Traverse City, has proven to be a successful one, as the organization is now embarking on its third project in Benzie County in as many years. The continual feedback loop between government, citizens, and developer both increase trust and ensure new builds reflect community desires.\u00a0

And integral to the whole process, start to finish, are the underlying zoning laws which (hopefully) have clearly defined the parameters for development, while also providing a robust process to apply for \u00a0necessary variances.\u00a0

In the current and worsening economic housing climate\u2014and exacerbated by COVID-19 supply-chain issues and a newly mobile population, due to work-from-home dynamics\u2014governments and communities both have been caught on their heels and are now in the undesirable position of having to consider emergency funding and approving these variances for much-needed housing.\u00a0

Into this conflation come developers\u2014most well-intentioned and looking to help solve the housing crisis, but also some predatory, whose missteps have caused distrust and have hurt those working for the betterment of the county.\u00a0

The reasons for eschewing housing in any given community are myriad. Opponents may cite lack of trust in the developer or plans, inadequate infrastructure, environmental concerns, or development that is \u201cout of character\u201d for the proposed site.\u00a0

But this is precisely why zoning exists.\u00a0

Communities with clear zoning that welcome housing in their area are easily able to answer when asked where development might fit. It removes ambiguity and encourages responsible and sustainable development, and it also allows for upfront understanding of the type of homes welcomed.\u00a0

Perhaps most importantly, however, the best Master Plan needs to account for future flexibility.

Planning in the Works<\/strong>
Art Jeannot, local developer and a Benzie County Commissioner (R), lists the following as imperative to developers when looking to partner with a community for housing:\u00a0

\u201cFlexibility in zoning variances, timeliness of permits and inspections, and relief from property taxes for multi-family rentals.\u201d\u00a0

Multi-family rentals, which are both superb for population density and relatively cost-effective to build, are often a target for NIMBYism (Not In My Backyard) and altogether forbidden from many zoning districts.

As for flexibility, it seems counterintuitive to make laws while specifically keeping in mind how they might need to change, but this is exactly the way that excellent planners think. Today\u2019s housing crunch is a perfect example of the need for adaptation. And while COVID could not have been foreseen, many of the factors causing the current \u201chousing shortage\u201d in Northern Michigan have been in the works for years, well before the pandemic.\u00a0

Small municipalities have the greatest ability to quickly react to changing dynamics. Townships and villages can consider, adopt, and\/or approve a legit zoning variance, amendment, or Planned Unit Development (PUD) in half the time of larger cities.\u00a0

Homestead Township recently advised neighboring townships that it will be updating its Master Plan, which is in need of revision since the township ended its joint zoning venture with Inland Township a few years ago, according to Jeff Sandman. In addition to the notice being legally required by Michigan Public Act 33 of 2008, it also seems to genuinely invite community feedback:\u00a0

\u201cSpecifically, we welcome any input and concerns that you may have that would allow us to work more cooperatively with you in land use planning for our region.\u201d\u00a0

This is exactly the type of dialogue that kickstarts thorough and thoughtful planning, and if continued in this vein, could eventually lead to a consensus on where and how housing would be welcomed by Homestead Township community members, while providing clear guidance to local developers. In fact, Sandman specifically addressed housing when I reached out for more information.\u00a0

\u201cThroughout our Master Plan process\u2014survey, open house, and meetings\u2014there have been two major themes from the community: desire to retain the rural characteristics and the need for affordable housing. This echoes what I hear throughout the county on a daily basis. It\u2019s great that there is a clear consensus, because to be successful, we will have to work together to overcome the challenges of organizing, finding resources, and overcoming a NIMBY culture which has somewhat grown over the years.\u201d Expanding on this last point, Sandman stated, \u201cIt\u2019s sad to hear from our neighbors who have been caught up in this mess. To think of how many families are spending their nights in tents and campers, simply because they can\u2019t find housing in Benzie County; it\u2019s a travesty. And it\u2019s not just the summer. This is happening year round. They may not be sleeping in the streets, but they are essentially homeless. It will be a testament to the character of our community on how we respond to this crisis.\u201d\u00a0

Other Benzie villages and townships that are embarking on Master Plan journeys include the Village of Elberta, which is currently reviewing results from its March Master Plan survey. In true Elberta fashion, there will be a visioning session\/open house on Thursday, June 15, from 4-6:30 p.m. at the Life Saving Station; the event will be focused on the Waterfront and Downtown districts and housing.

Similarly, the Crystal Lake Township Planning Commission is working on updates. Per Tom Kucera, zoning administrator for the township, they have recently updated the zoning ordinances. On the housing front, Kucera calls out that the current Crystal Lake Township Master Plan supports responsible residential development, and they are open to working with trusted organizations to develop middle-income housing, defined as housing that is affordable for people making between 60 percent and 120 percent of Benzie County\u2019s Area Median Income (AMI), which is currently $56,760.

Kucera brings up an important point:\u00a0

\u201cThe value of the property in close proximity to Crystal Lake is a primary factor preventing middle-income housing development. I believe this is true for Frankfort and Elberta, as well.\u201d\u00a0

The numbers back him up; the natural beauty and desirability of our region has caused housing prices in Benzie \u00a0to skyrocket in 2021 and 2022, by 26 percent and 10 percent respectively. \u00a0

But building properties further from these areas has its own set of challenges.\u00a0

Many rural communities push back on housing developments, fearing a change in the character of the area. The type of home construction allowed by rural residential zoning typically allows only one single-family home per half-acre. Factoring in today\u2019s costs to build wells, septic fields, driveways, roads, etc. makes it nearly impossible for an individual homeowner to build, even on an inexpensive parcel of land.

Kucera mentions another often overlooked consideration:\u00a0

Rural properties must still \u201cbe able to connect to a reliable, robust internet, so the families living on those properties have access to education and to the virtual workplace.\u201d\u00a0

Frankfort\u2019s Journey<\/strong>
The City of Frankfort\u2014a population hub with a strong school district and other amenities that are attractive to families and developers alike\u2014began seriously studying the housing crisis facing its citizens back in 2017, when they developed the Frankfort Area Housing Advisory Council. Determined to solve the lack of attainable workforce housing in the Frankfort area, a Housing Commission was formed through an ordinance adopted by the Frankfort City Council on June 25, 2020 and the creation of the non-profit Frankfort Area Community Land Trust (FACLT) just a year later, in 2021.\u00a0

They also discovered that their lovingly crafted 2014 Zoning Ordinance had sections that were at odds with their goals for creating housing. In fact, although the Master Plan, last adopted in 2021, specifically supports attainable housing, no districts within the Ordinance passed Housing North\u2019s checklist for \u201cHousing Readiness.\u201d\u00a0

Despite this, the highly motivated Frankfort Housing Commission (FHC) and the FACLT will build, respectively, 12 to 16 rental townhome units and four to six single-family homes located in Frankfort over the next 18 months, and these projects enjoy huge community support. But it is worth calling out that both developments required multiple zoning variances.\u00a0

You read that correctly\u2014by the time this goes to press, two new homes will have been built, while the applicable zoning amendments that would have allowed them are still only in draft form, thus necessitating variances for them to be built.\u00a0

\u201cThe wheels of justice and government turn slowly, but grind exceedingly fine.\u201d Couldn\u2019t have said it better myself, Sun Tzu.

Why So Hard?<\/strong>
So if the community wants the housing, why do we make it so hard? It does not have to be, and this recognition wrought the creation in 2022 of Frankfort\u2019s ad hoc Zoning Ordinance Amendments Committee (ZOAC), bringing us back to the aforementioned changes that are in store for our area.

The goal of the Frankfort ZOAC was to see what, if any, \u201ctweaks\u201d could be made to the Master Plan to encourage workforce housing within the city limits.\u00a0

In Benzie County, Frankfort is unique in its existing or easily expanded infrastructure, like the ever-important and easily overlooked sewer and water, electric, roads, sidewalks, and other utilities, not to mention decent walking distance pretty much everywhere\u2014unless it\u2019s February. (Yes, I\u2019ve driven the 45 feet to my mailbox; don\u2019t judge.)

The ZOAC\u2014on which I serve as a ZBA member, along with three members of the Frankfort Planning Commission, City Mayor JoAnn Holwerda, and other residents\u2014has already completed a Seasonal Workforce Zoning Ordinance Amendment, which was presented at a public hearing on April 13. This amendment would allow for easily-erected seasonal-workforce housing units, such as ancillary dwelling units, travel trailers, RVs, tiny houses on wheels, or other approved temporary structures in limited locations throughout the city.

Yes: Frankfort is at the point where, to fill the housing gaps, they are going to allow people to live in temporary dwellings, essentially camping out within the city limits. At least from May to October.

For year-round workforce residential needs, they are also working on Article 8 of the City\u2019s Master Plan, which would increase population density and create more attainable housing by allowing for development of previously disallowed housing types, like duplexes, mixed-use buildings, cottage court communities, and townhomes, all cleverly designed to preserve and blend with the character of existing neighborhoods.\u00a0

Per Jay White, an FHC and FACLT member who also serves on the ZOAC:\u00a0

\u201cThe land area of the City is approximately one square mile, with most of that area already built out. This Attainable Workforce Housing Article will\u2026 make the most of the vacant and infill land that is available and, at the same time, conform to the current zoning ordinance in terms of lot coverage and aesthetic appeal. An important provision of this article is that each dwelling project will need to qualify as attainable workforce housing within initial income limits for those homeowners and tenants.\u201d\u00a0

In short, the housing allowed by Article 8 is specifically for and limited to year-round residents of Benzie County, protecting it from the stiff competition of summer-home-buyers and short-term-rental business owners.

Role of the Community<\/strong>
The community plays an important role in shaping the future of zoning in Benzie County. Getting involved in the zoning process is the best way residents can help to ensure that zoning regulations are fair and equitable.\u00a0

On May 10, Weldon Township\u2019s Planning Commission held a public meeting regarding a new proposed Planned Unit Development (PUD). The meeting was one of many steps in the fact-finding and approval process, and it was focused solely on the allowable land use decision put to the Commission.\u00a0

Despite the limited scope for the evening\u2019s decision, the feedback from the community was as varied as the community itself, with statements ranging from \u201cwe need any housing we can get\u201d to \u201cI don\u2019t understand how this is going to benefit me.\u201d What everyone could agree on, however, was what Timothy A. Cypher, Weldon Township Zoning Administrator, stated shortly before the public comments section:\u00a0

\u201cIt\u2019s great to see township citizens come to speak on these matters. It\u2019s a welcome sight to see a full room.\u201d

There are a number of ways that the community can get involved in the zoning process, beyond speaking at meetings and hearings. Submitting comments on proposed zoning is just as effective, as these are typically read verbatim into the records.\u00a0

Lastly, it\u2019s worth considering running for local office or participating on a local board. Master Plans are legally required to be reviewed every five years, and most municipalities reimburse board members for any virtual or in-person training needed. (I have availed myself of this twice; once in an out-of-state Planning and Zoning citizen workshop, and most recently via Michigan State University\u2019s online program, where I am studying to get my second Zoning Board of Appeals Certificate.)\u00a0

The best way to ensure that zoning regulations reflect the values of the community are to simply show up and get involved.\u00a0

It\u2019s your turn to bring the cookies.

Featured Photo Caption:<\/strong>\u00a0According to the 2019 Northern Michigan Target Market Analysis cited by Housing North, Benzie County is projected to need an additional 703 housing units\u2014ideally 425 rental units and 278 owned units\u2014by 2025, though that number is actually likely to be 20 percent higher in a post-COVID world. So, the highly motivated Frankfort Housing Commission and the Frankfort Area Community Land Trust will build, respectively, 12 to 16 rental townhome units and four to six single-family homes located in Frankfort over the next 18 months, and these projects enjoy huge community support. Two of the single-family homes are pictured here. But it is worth calling out that both developments required multiple zoning variances. Photo by Liz Negrau.<\/p>\n\n\n\n

————

SIDEBAR<\/strong>
Pros and Cons 
Developing Housing in Rural Areas<\/strong>
Few responsible developers are turned down outright on their proposals. The fact is, developers do not bring projects to municipalities until they have already passed a stringent internal test, including a thorough market study reflecting local demand. Developers also do not usually build exactly what they first present. 

Responsible development is a process, and final results often have community-led improvements, such as more vegetation buffers, increased safety signage or lights, rainwater collection systems, and aesthetic changes.

The goal for developers and communities alike should not be to find the perfect development in the perfect place; rather, it is to find a workable compromise on the best available location. 

For example, an objection to rural development, in particular, might sound like: \u201cThat corner\u2019s not safe. People drive too fast. Find somewhere else.\u201d 

While this may be true, it should not serve as a dealbreaker. The community and developer are better served to work together: \u201cOkay, how can we make it safer?\u201d

Similarly, developers need to be thinking about how to incorporate the community in every step of their planning. 

For instance, many developers prefer to use the same crews and subcontractors, sometimes even bringing in teams from out of state, due to it being easier or more cost effective. This can also compound the housing issue\u2014where are these out-of-state workers going to live while they are working on the project? \u201cOkay,\u201d says our hypothetical community, \u201cBut what about using David\u2019s A-1 Plumbing? They\u2019ve been in our area for years, and he has a team of eight local employees.\u201d 

Pros:<\/strong>
\u2022 Job creation, which can help to boost the local economy.
\u2022 Increased tax revenue, which can be used to fund schools, roads, and other essential services.
\u2022 Increased population, which can help to revitalize rural communities and make them more attractive to new businesses and residents.
\u2022 Improved infrastructure, such as roads, water, and sewer systems, as well as broadband internet connections (consider, Dear Reader, life without Netflix\u2014is this the kind of hellscape that we are willing to inflict on our neighbors?!?!)
\u2022 Access to amenities, such as grocery stores, hospitals, and schools. 

Cons:<\/strong>
\u2022 Environmental impact, such as by polluting waterways, destroying forests, and fragmenting wildlife habitat.
\u2022 Increased traffic, which can also increase the risk of accidents and make it more difficult for children to get to school and for people to get to work.
\u2022 Loss of agricultural land. Not as much of a threat in Benzie, which has ample vacant and fallow land. But in other rural counties, it could have a negative impact on the agricultural economy.
\u2022 Increased demand for services, such as schools, hospitals, and roads. 
\u2022 Loss of rural character, which is problematic for those who value the peace and quiet of rural life.<\/p>\n\n\n\n

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