A proposal for a conditional reallocation that would allow the former Warwick Living Center in Alma to be converted into a temporary home for young male refugees has caught the attention of the Michigan Department of Civil Rights.
In a letter to city commissioners, MDCR Executive Director John E. Johnson Jr.
said his agency had “concerns about potential exclusionary zoning that could discriminate against individuals based on race, color and national origin”.
Earlier this month, the city’s planning committee recommended city commissioners reject the zoning proposed by Michigan Masonic Home, owners of the building, and Bethany Christian Services of Grand Rapids, the agency that would operate the proposed facility.
In his letter, Johnson noted that the MDCR had been informed of the problem.
“If the race, color and / or national origin of the intended residents are factors used to deny the application for reallocation, that decision may constitute unlawful discrimination,” he wrote. “The Alma City Commission must not make decisions based on any applicable protected class, or act on fears, stereotypes, baseless assumptions, or alleged public safety concerns that include unfounded beliefs that members of certain protected classes are more likely to be involved in criminal activities are. ”
BCS plans to house 36 unaccompanied male refugees aged 12 to 17 for up to 45 days in the former nursing home.
The proposal has created quite a controversy in the community over the past few months as groups have formed opposed to and around the issue of reallocation.
Local residents have spoken out at public gatherings, and city commissioners have received hundreds of letters and emails on the matter from concerned citizens.
Johnson warned city officials that his agency “would investigate all judicial complaints of unlawful discrimination.”
“We can also report suspected violations of the Fair Housing Act or Title VI of the 1964 Civil Rights Act to US housing and urban development, which prohibits federally funded companies based on race, color, or national origin in any way Form discriminating programs and activities, ”states Johnson’s letter.
“As part of our process and before a decision is made, the City of Alma would be given an opportunity to defend its rejection of the reallocation request. With this in mind, we want to ensure that the City of Alma has fully examined the potential civil rights implications of the application for reallocation with (legal) advice before making a final decision, ”concluded his letter.
In response, City Attorney Tony Costanzo sent his own letter to Johnson and his agency.
“Rest assured, the city of Alma is well aware of the legitimate prohibition of discrimination based on race, color or national origin,” he wrote.
“It was my position as the city attorney from the start that this motion from the Michigan House of Masons and Bethany Christian Services must be governed by the Alma City Ordinance for Conditional Rezoning, which is based on the legal authority of the Zoning Enabling Act. I understand conditional reallocation to be an exception to the generally prohibited practice of spot zoning in cases where a property within a district that would not allow intended use nevertheless requires a change in zoning in relation to that particular one Property to enable this use. “
Costanzo went on to say that the Masonic House and BCS request is not allowed in the current R3 district where the Warwick Living Center is located and is not adjacent to a campus / institutional district where use would be allowed.
He stated that the planning commission and ultimately the city commission, in order to grant the application for conditional reallocation, “have to resolve five factors which they consider relevant for the conditional reallocation”.
The first four factors include whether the land use change applied for is justified by a change in conditions since the original land use regulations were passed, the precedents and possible effects of such precedents likely to result from the approval or rejection of the application, the ability to City to provide any services, facilities, or programs that may be required if the zoning change is approved and the impact of approving the change request on the city’s adopted development policy.
Costanzo said the Planning Commission based its decision on the fifth factor which, in part, states, “A change will not be approved unless these and other identified facts are related to general health, safety, welfare, and comfort the convenience of the citizens of the city or other civil departments, if applicable. “
“As you are well aware, the Planning Commission based its opposition on this factor, believing that the division in the city of Alma over whether this petition should be granted was so great that it was impossible to determine whether all the factors were met. “decided in favor of the petition,” wrote Costanzo.
“I would also love to speak to your department, or any other member of your department, if you know any authority that would resolve any of these issues to ensure that the advice I give the city of its legal obligation is correct and complete. “
City Manager Matt Schooley said that once the planning committee clears the minutes of their public hearing on September 14th, which has been moved from the community building to the Alma High School auditorium, to accommodate the expected large turnout, city manager Matt Schooley said the city commission will be announced.
Schooley expects the city commission to make a final decision on the matter after these deliberations.
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