Minutes of the regular meeting of the Georgetown Township Planning Commission, held Wednesday, April 20, 2005

Meeting called to order by Chairman Honderd at 7:30 p.m.

Present: Honderd, Poskey, DeGood, Pearson, Stasiak, South, Huizinga

Absent: none

#050420-01 - Agenda for April 20, 2005

Moved by DeGood, seconded by South, to approve the agenda for April 20, 2005, as presented, with the change to move the special use permit to the end of the agenda.

MOTION CARRIED.

#050420-02 - Minutes of the March 16, 2005 regular meeting and the March 30, 2005

work session meeting

Moved by Stasiak, seconded by Pearson, to approve the minutes of the March 16, 2005 regular meeting, as submitted.

MOTION CARRIED.

Moved by Pearson, seconded by Stasiak, to approve the minutes of the March 30, 2005 work session meeting, as submitted.

MOTION CARRIED.

#050420-03 - Unfinished Business Preliminary Plat of Cedar Lake Estates No. 11

No new information was available. The item was left tabled.

#050420-04 – Site Plan (ST0506) Nobel Concrete Inc. - 1777 DeWent

Todd Stuive, Exxel Engineering, represented the applicant and presented the request. A revised plan and letter were submitted by the applicant addressing the issues that had been raised at the work session. The site plan has been revised according to the issues raised at the work session, including trees for the buffer to the north.

The planner presented a review and noted that that the issues raised at the work session had been addressed.

The zoning administrator stated that the Drain Commissioner had submitted a letter saying that a maintenance agreement should be provided.

The chairman opened the floor to public comments. No one was present to make comments on this item.

Moved by Stasiak, seconded by DeGood, to approve the site plan dated April 13, 2005, as submitted, with the condition that a Maintenance Agreement be provided as stipulated by the Drain Commissioner.

MOTION CARRIED.

#050420-05 - Rezoning (REZ0501) To change from (HDR) High Density Residential to (MDR)

Medium Density Residential and from (MDR) Medium Density Residential to (HDR) High Density Residential parts of a parcel of land described as P.P.# 70-10-31-200-017, located at 10081 42^nd Ave., Georgetown Township, Ottawa County, Michigan.

Todd Stuive, Exxel Engineering, represented the applicant and presented the request.

The planner presented a review and said that the proposal meets all applicable rezoning review criteria.

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

Moved by Poskey, seconded by Huizinga, to recommend to the Township Board approval of Rezoning (REZ0501) to change from (HDR) High Density Residential to (MDR) Medium Density Residential and from (MDR) Medium Density Residential to (HDR) High Density Residential parts of a parcel of land described as P.P.# 70-10-31-200-017, located at 10081 42^nd Ave., Georgetown Township, Ottawa County, Michigan, as shown on the map and legal descriptions provided by the applicant.

MOTION CARRIED.

#050420-06 - Preliminary Plat of Hunters Meadows No. 2

Ron VanSingel, Nederveld and Associates, represented the applicant and presented the request. A letter has been submitted by the applicant in addition to a revised site plan that addressed issues that were raised at the work session. The cul de sac is 563 feet.

The planner presented a review and noted that a conservation easement and Drain Commissioner approval should be provided.

The zoning administrator noted that Longtail Ct. should not be named a court when it appears to be temporary cul-de-sac and will eventually connect to Rosewood St. Also, although lot 54 scales out to be 85 feet wide, it is labeled as 74’.

The applicant presented revised plans that corrected these two issues.

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

Moved by Pearson, seconded by Poskey, to recommend to the Township Board to grant tentative preliminary plat approval of Hunters Meadows No. 2 as shown on the drawing dated 4/14/05, with the following conditions:

1. A record of a conservation easement shall be submitted prior to the issuance of building permits.

2. A record of approval from the Ottawa County Drain Commission shall be submitted prior to the issuance of building permits.

MOTION CARRIED.

#050420-07 - Special Use Permit (SUP0503) Michelle Bowne, 916 Fairwood Ct.

Michelle Bowne, 916 Fairwood Ct., presented the request and noted that packets had been submitted with information regarding the turnaround and fence. Letters in support of the request were submitted.

The planner presented a review and the play area was shown, the turnaround shown, license provided and information provided that demonstrated that there were no other group daycare homes within 1500 feet.

It was noted that several letters had been submitted in opposition to the request.

The applicant stated that she was currently providing a group daycare and had been for eleven years.

The chairman opened the public hearing.

John Bowne said that his wife treats everyone with respect, keeps the yard clean, is kind and goes above and beyond what is required. He said that they were upset with the way the neighbors were treating them and talking behind their backs.

Michael Bosch, 896 Fairwood Ct., said that the applicants were nice people; however, his concern and complaint was in regards to the traffic because the daycare generated much more traffic than normal with parents dropping off and picking up their children. He said that in the winter it was bumper to bumper traffic. He said that when his fiancé’s daughter was dropped off the bus, she could not walk on the sidewalk because of all the cars parked blocking the sidewalk. He said that she either had to walk in the street or in the snow bank. He said that the people who dropped off their children were always in a hurry and did not check behind them when they backed up into the street. He said that they park in the road and in the winter the plows have to go around their cars making it hard to get through. He said that he also has noise concerns because whenever there are 14 to 20 kids assembled there would be high amounts of noise that would exceed what would normally be expected. He said that recently there was a two to three year old child on the corner of Fairwood Ct. and the daycare helper was in front of a house two houses down. He asked who would watch that many kids. He said that the Plat Restrictions and Protective Covenants do not allow fences without approval. He said that this was a business being conducted in a low density neighborhood. He said that 14 to 20 cars coming for this business was too much. He asked that the Planning Commission consider the good of the whole neighborhood.

The chairman explained that the standards for this use includes the requirement of a turn around driveway so that the clients do not back into the street and a fenced yard.

Chuck Vacanti, 7272 Waterview Lane, Allendale, said that he had used Michelle’s daycare for year years for his two small children. He said that he trusts Michelle and understands that this affects all the families that she provides care for to allow them to go to work.

Molly Guikema, 906 Fairway Ct., said that she lives next door and that Michelle is a nice person. She said that she lives directly next door and has some concerns. She said that she chose to live on a court for traffic safety verses living with the traffic on a busy road. She said that she has a two-year-old that she is concerned about. She said that people quickly pull down the driveway without looking. She said that she appreciates a good daycare, but she said that it is important to have a nice place to live. She said that she chose this area because of the quiet atmosphere. She said that the toys are picked up from 8 until 6, as the applicant had said, but they were out all day. She said that all of the children were loud and the noise level was so high that she had to close her windows so that her child could sleep. She said that they had they did not want to talk behind their backs; however she had concerns and was put in a compromising position because she did not want to be the bad guy who didn’t want the business. She said that she wanted to get along with her neighbors but did not want to live next door to a large scale business. She said that there was a lot going on at the daycare and that they said that they were getting a fence for a dog. She asked if they had to have a fence for the daycare because the applicant indicated that they were putting in the fence to have a dog run. She said that the fence changes the atmosphere of the neighborhood. She said that there was conflicting input.

Sue Lamoreaux, 937 Fairwood Ct., said that she lives directly across the street. She said that she sees no problem with Michelle, and that she is nice and her kids are polite. She said that the problem is with a lot of traffic. She said that tonight there was an accident. She said that the clients leave their cars running and tonight a car slipped into drive. She said that she heard a lot of noise and kids screaming. She said that a van had been left running and when she looked she saw the van hitting the side of the garage. She said she told her son to call 911. She said that the van ran into the garage, bumped a boy and had Michelle pinned against the lockers. She said that her son jumped into the van and backed it out. She said that she understood that this is a business but there is a safety issue. She said that daily the traffic starts before 7 a.m. and goes until 6:30 p.m. She said that the neighborhood has 21 kids and one on the way. She said that this is just asking for problems. She said that Michelle could have been injured. She said that she was very nervous over this situation. She said that no one even said anything to her son for backing the van up and that she was not looking for thanks. She said that people at Michelle’s house just told her to leave. She said that she does not want problems and just wants to enjoy the neighborhood. She said that this is a low density area and should stay that way by not allowing a business. She said that she understood that the Township would require a fence and that their plat restrictions do not allow fences except for a swimming pool or dog run. She said that the rules should not change. She said that sometimes Michelle is not even at her daycare when it is in operation. She said that Michelle should find a building in a business district and run the business without causing problems in the neighborhood. She said that she knows that they are decent people and she would have no problem if the daycare was just for six kids. She said that with the group daycare allowing 12 kids, there could even be more if they were part time.

The chairman explained that there could only be a total of 12 at one time.

Sue Lamereax said that if there were 12 at one time there could be more coming and going if there were part time clients that added up to 12 total at one time. She said that there are an awful lot of kids and that increases traffic. She said that tonight was terrible and she was scared.

Matt Chatfield, 911 Fairwood Ct., said that he works from 6 p.m. until 6 a.m. and is in law enforcement. He said that he didn’t even know until recently that there was a daycare there. Since he has known, he said that he watches the amount of people. He said that there were many people who drove down their street just looking at houses. He said that people just come and go and they should just look at the traffic for the daycare. He said that one family could have 2 to 3 kids and that was one third of her business that day in one car. He said that accidents could happen to anyone and that anything could happen. He said that all of the kids running around did not necessarily belong to the daycare because this was a friendly neighborhood.

Michelle Woods, 8936 Little Bass Lane, Zeeland, said that she had submitted a letter in support. She said that she knows Michelle from school and Michelle is an amazing parent. She said that she gave birth in November and wanted Michelle to be the daycare provider. She said that her son loves going there. She said that they share the same values. She said that all the daycare parents share the same values. She said that she would have a broken heart if she could not continue to bring her child there.

Melony Ippel, 8450 Cottonwood, said that she drives a school bus and drops children off at Michelle’s daycare. She said that she has gotten to know the children and they are delighted to go there. She said that it is always clean. She said that Cottonwood has a lot of traffic and she lives across from the bus garage. She said that she likes to go to the neighborhood and took bike rides there to look at the houses. She said that she got to Fairwood Ct. and Michelle was out in her yard with a lot of other neighbors. She said that looking at the neighborhood with all the children made her think that this was an awesome neighborhood with kids playing and moms talking. She said that there was traffic and a high noise level, but she was impressed with the neighborhood and the friendly atmosphere.

Barb Moser, 923 Fairwood Ct., said that she has not seen cars left running and has not noticed a high level of noise. She said that she is not taking sides and want to be friendly and not have problems.

Sara Overkleeft, 7368 Cherry, said that Michelle takes care of her daughter and that she trusts Michelle and would have a difficult time finding someone else. She said that she has two of Michelle’s students in her class and that Michelle is a wonderful mom and her place is calm, comfortable and not chaotic. She said that many other streets have traffic and cars speed on her street all the time. She said that Michelle was attentive to the children and there is never six cars there. She said that the children were spaced out in time. She said that it terrifies her to think that she might not be able to bring her child there.

Jim Kluz, 883 Wallin Dr., said that he had been interested in building in a subdivision and wanted a nice environment like this neighborhood. He said that a different family had made an offer on Michelle’s house, but backed out when they found out that they could not have a fence. He said that the Plat Restrictions require that homeowners had to ask to have a fence and get approval. He said that Michelle had indicated that she was going to have a fence for a dog and he though that meant a dog run.

The planner said that the ordinance requires an outdoor play area of 150 square feet for each client with a fence of a minimum of 4 feet in height.

Jim Kluz said that it would mean that a majority of their yard would be fenced.

John Bowne said that it would not be halfway but the fence would be bigger than a dog run.

Barb Moser said that they could not have a fence but could have a dog run. She said that other houses have fenced area twice as big and the idea of the plat restrictions was to not block off the property lines.

It was noted that the plan showed an 1800 square foot fenced area and that they could care for up to 12 unrelated children.

The applicant said that she had to count two of her own because they were under the age of 7.

Mike Bosch, 896 Fairwood Ct., said that this was a profitable business and that she should rent a building to conduct her business in. He said that someone came to his house and asked him to give his signature in regards to traffic and they did not tell the whole story.

John Bowne said that he was the one and did give everyone a sheet with information. He said that the Township had received a complaint about traffic and they left a fake number.

The chairman said that the Planning Commission had to look at the plan and their responsibility was not to approve Michelle as a person. He said that they had to look at the plan and approve it based on compliance with the ordinance standards. He said that they would not consider the comments on how it was run and did not look at the applicant, but rather they would consider the plan and if it meets the ordinance.

Molly Guikema said that she has a well-run and organized classroom, but she would not want to live in the class. She said that she does not want to live next door to one and that others share her sentiments.

Michelle Bowne said that when she moved she did not want to tick anyone off and as soon as she got the letter from the Township she tried to comply. She said that she was licensed by the State to have 12 children. She said that worked hard and had a good reputation. She said that this was important to her and she loved the kids. She said that it would break her heart to lose her kids. She said that she is conscious of her neighbors and only takes a few kids outside at a time and has a helper inside. She said that she wished she didn’t have to have a fence. She said that she only takes out 6 to 7 at a time because many of the children are infants. She said that the dog run was expensive and the state doesn’t require a fence. She said that she loves her job and employs 4 people who also love the kids.

The planner stated that the ordinance requires that the traffic be handled completely on-site. He said that the conditions should be added that the site shall comply with all state, local and neighborhood requirements. He said that the applicant should apply for a Zoning Compliance Certificate so that the site could be inspected. He said that the Planning Commission could require staggered pick-up and drop-off times and restrict the hours of operation.

The zoning administrator asked if a time limit should be established for compliance with the fencing and driveway turnaround since the group daycare was already in operation.

The planner said that no building permit was required for the fence and that the applicant should submit a letter stating when they would be ready for an inspection. He said that the fence or concrete should be in by 90 days.

Ed Stasiak asked about restrictions and who would enforce conditions if they were added.

The zoning administrator said that either she would or the Code Enforcement Officer. She said that they would not sit in the street and count the number of cars because it would be impossible to do.

Ed Stasiak asked if the fence for the dog run would conflict with the plat restrictions.

The planner said that the letter submitted said that fences were allowed if mandated and this would be mandated.

There was discussion regarding the Township and plat restrictions.

The zoning administrator said that the Township does not enforce plat restrictions and that the plat would be responsible for their enforcement. She said that the situation would affect the Township requirements if the developer did not allow her to put up a fence.

Ed Stasiak said that the special use permit goes with the property and that the Planning Commission had to consider that fact.

Del South said that the road was a cul-de-sac. He said that he had nothing against the daycare, but had to consider the health, safety and welfare of the rest of the residents who lived on the street and was concerned with the large amount of traffic generated by the daycare. He said that others bought on the street with concerns for the safety of children. He said that one car would make two trips a day for just one child.

The applicant said that they were the second house from the corner. She said that she gave her schedule to the Planning Commission and that she asked her clients not to use the cul-de-sac.

Del South said that this was a good neighborhood to raise a family but not necessarily a good place for the business of a group daycare.

Moved by Huizinga, seconded by DeGood, to recommend to the Township Board approval of Special Use Permit (SUP0503) Michelle Bowne, 916 Fairwood Ct., to have a group day care home under Sec. 8.3(E), on a parcel of land described as P.P.# 70-14-11-436-010, located at 916 Fairwood Ct., in a (LDR) Low Density Residential district.

The chairman noted that the request meets 4 of the standards, but he did not think that they met the standard relating to traffic. He said that they were required to provide off-street parking for the families and for employees. He said that client pick up areas were to be off the street and he did not think that the turn around would suffice to meet the requirements. He said that the site would be cramped for parking.

Ed Stasiak said that the Planning Commission was not here to judge if she was a great provider, but to consider the health, safety and welfare of the neighborhood. He said that he has concerns and that he was not in favor of approving the request.

Ron DeGood said that this does generate more traffic, but lots of other things generate traffic, too. He said that the thinks that the request meets the standards.

Michael Pearson said that he had concerns and that they should look at whether or not the applicant would be allowed to put up a fence because the fence was needed to meet the standards. He said that he thought the Planning Commission should look at this further.

Dave Poskey said that the Planning Commission should table the request until they could look at traffic and parking issues and find out if the fence could be installed.

Moved by Poskey, seconded by Stasiak, to table the request.

MOTION CARRIED.

The Planning Commission provided the following reasons for tabling: to have time to find out for sure if the developer would enforce the plat restrictions or allow the fence to be installed and to review parking and traffic issues. It was noted that the applicant should get the developers permission to put up the fence before the Planning Commission would take action on the request so that they could determine if the special use standards would be met.

#050420-08 – Site Plan (ST0505) Reformed Free Publishing Association (Tasmanian

Construction LLC)-1894 Georgetown Center Dr.

The only issue brought up at the work session was parking calculations. The applicant has supplied the information that 3840 square feet of office space (the ordinance requirement of 1 per 300 square feet of GFA equals 13 spaces) and 400 square feet of retail space (the ordinance requirement of 1 per 200 square feet of GFA equals 2). So a total of 15 spaces is required and 17 are proposed.

Moved by South, seconded by DeGood, to approve the site plan dated April 1, 2005, as submitted.

MOTION CARRIED.

#050420-09 – Adjournment

The chairman adjourned the meeting at 9:35 p.m.