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Planning Commission Minutes

Planning Commission
Regular Meeting
Wednesday, December 20, 2006
7:00 p.m.

Members Present: M. Ferris-Young, D. Brown, M. Huizenga, C. Gornowich, J. Hickey, Chairman; C. Rypma, T. Greeno, and S. Versluis. Absent: M. Houseman. Also Present; F. Wash, Planning Director, and P. Dlouhy, Planning Asst.

Chairman Hickey called the meeting to order, and C. Rypma gave the invocation.

The Planning Commission was grateful to have Member Huizenga back with us tonight.

General Public Comment

There were no comments at this time.

Case #06-480 – Gifts from Heaven Day Care – 2228 Alpine - Public Hearing

Chairman Hickey read the application requesting a special exception permit to allow a child development center to be located in the lower level of an existing office building at 2228 Alpine Ave., N.W.

Planner Wash reviewed the staff report and the plans and related that the day care is proposed in a C-3 zoning district, requiring a special exception use permit with a public hearing. Public noticing has been done in accordance with state and local law.

Wash indicated that the day care center would be located in the lower level of the building. A law office occupies the upper level. The attorneys own this property and signed the application.

Planner Wash related that he had 3 items in his staff analysis and recommendations, including: off-site recreation area, on-site landscaping, including landscaping improvements along M-37, new outdoor lighting.

Mr. & Mrs. Antwan Brown were present on behalf of the request. Mr. Brown stated that this day care would be located in the lower level of the existing Atty.

Annis-Visser Building. He related that this will be a quality day care for infants from baby to 4-5 year olds, and after school day care for school age children.

Mr. Brown related that the children will be diapered, rested, teeth brushed, played, educated with appropriate developmental materials and nurtured by a primary care giver. Activities will range from free play, organized play, inside, outside, which will develop social skills. The care givers will teach and utilize play boards, writing activities, coloring, art. Personal hygiene, safety, and school readiness will be taught.

Member Brown asked if the attorneys got a notice of the meeting? She asked if the noise factor was given any consideration? Atty. Tim Visser stated that he was well aware of the request and was concerned about the noise and that is why they are having the building soundproofed.

Member Brown asked if the applicant had received permission to use the school playground? Mr. Brown related that he met with the administrative assistant at the Fairview Elementary School and gathered information as to the outside playground times, etc. The administrative assistant didn’t think it would be a problem at all and will confirm with the superintendent. Mr. Brown stated that they would keep the playground clean. Member Brown stated that the walking distance is quite far away. Mrs. Brown stated that the caregivers walk with carts, strollers in front and back of the children and teach the kids safety lessons along the way.

Member Gornowich added that there is a long commercial strip of property in between, and she is concerned about snow removal of the sidewalks, and asked if they would be cleared? Mrs. Brown stated that they can take them on shorter walks in the winter time and utilize more care givers to assist their way.

Member Gornowich asked if the school playground meets the States 1997 handbook rules? Mrs. Brown stated that if it is an existing playground, it is already approved and does not have to meet the 97 standards.

Member Young asked if school playgrounds were considered public property? Planner Wash stated yes.

Chairman Hickey asked how many caregivers per child were there? Mrs. Brown related 1 caregiver to 4 children, and 2 for 5 ratio. Chairman Hickey asked if they would be able to use the restroom facility at the school? Mr. Brown indicated that he would look into that. Chairman Hickey asked if there was 1 restroom in the day care center? Mr. Brown stated at this time there is 1, and 1 more on the first level. Hickey asked if there was a stairway from the 1st to 2nd level? Mr. Brown related yes.

Chairman Hickey asked how high are the walls? Mr. Brown stated that the walls are to the ceiling determined by the amount of sound spacing. Mrs. Brown added that each age is divided into groups, and depending on the ratios, 1 caregiver in each room. Half doors will be utilized so you can see in.

Chairman Hickey stated that there are windows on the east side, but no windows on the building play area. Mr. Brown stated that they will be installing windows in this area from the outside hallway so parents can see into the play area.

Chairman Hickey asked about security in the lower level doors for someone coming in that shouldn’t be? Mr. Brown stated that the fire inspector has approved it, and staff will personally monitor the sliding doors for the children.

Mrs. Brown added that there will also be an outside buzzer.

Member Versluis stated that 6am to 6 pm is a long day. He asked where the eating facility will be located? Mrs. Brown stated that the children will eat in their individual rooms with food preparation in the kitchen. The floors have a linoleum cover. Mrs. Brown related that they do not keep a child longer than a 10 hour day with a maximum of 2 meals.

Member Rypma asked what are the age ranges of the 30 children? Mr. Brown stated infant to pre-school up to 4-5 years up to school age with before and after school care. Member Rypma asked what do the after school kids do? Mrs. Brown related that the kids are out 2 times a day exercising and it varies from 1 hour, to 15 minutes on a cold winter day. Member Rypma asked if 30 children was based upon the size of this location? Mr. Brown stated yes. Brown related that they needed to obtain local approval first, then the state will license them. The plan is for 30 or less.

Chairman Hickey asked what if it is a severe cold winter day? Mrs. Brown stated that under 20 degrees, they do not go outside, or in the rain. It depends on ages of the children whether they take them out or not, or if it’s too cold.

Chairman Hickey stated that he plans to fence in the grassy areas? Mr. Brown stated that they have no current plans, but will look at it. Hickey stated that the south side of the property fills with water.

Atty. Tim Visser stated there is a small creek at this location with cement walls. There is a fence on the property line that separates the creek from the former GM site. He doesn’t see this as a problem.

Motion by C. Rypma, supported by S. Versluis, to open the public hearing. Motion carried.

With regard to No. 4 in Planner Wash’s staff report, Atty. Tim Visser stated that they moved into the building in October and tore a fence down on the street side. He will comply with the landscaping requirements in the spring. Mr. Visser stated that he would like a future option of taking out 8-10 feet of the parking lot for plantings if the neighbor to the east of them tears out trees. Planner Wash stated that is fine with him and to amend the site plan.

Motion by S. Versluis, supported by C. Gornowich, to close the public hearing. Motion carried.

Member Greeno stated that he is concerned about the kids going from the day care to the school yard via Alpine Ave. and getting into the road. He stated that in the master plan process, they will be asking for more landscaping along Alpine Ave. He felt that would be appropriate here.

Mrs. Brown stated that they have had a lot of experience transporting kids to and from parks, and they evenly tie them together in a group and make sure each child is supervised. Mr. Brown stated they make sure the kids stay on the sidewalks.

Member Versluis stated that he feels that a playground closer to the facility or on-site would be advantageous. Mrs. Brown related that one end of the parking lot can be utilized for biking in the summer. In the winter when it’s too cold, they just won’t go out.

Member Brown stated that she is concerned about winter and sidewalks not be taken care of. Member Greeno asked about enforcement of snow removal on the sidewalks? Planner Wash stated it is an ordinance that is enforced by the building department.

Motion by C. Gornowich, supported by T. Greeno, to approve the special exception request for the Gifts from Heaven day care center in the lower level of the existing building located at 2228 Alpine Ave. and the site plan dated 11-20-06, with the following conditions of special exception use and site plan approval, including the noted standards for approval as outlined in the staff report.

The applicant agrees to conditions 1, 2, 3, & 5 as noted in the City Planning Director’s letter dated 12-11-06.

The applicant agrees to install landscaping at the front of the site per the Planning Director’s letter dated 12-11-06, condition #4, with the option of installing landscaping at the rear of the site as noted in the Planning Director’s letter dated 12-11-06, condition #4.

The applicant agrees to provide a written agreement between Kenowa Hills Public Schools/Fairview Elementary for the use of the playground and restroom facilities.

Per testimony as to the building improvements and business model and written description stamped received 11-28-06.

The following Findings of Fact:

(1) The establishment, maintenance, location or operation of the use will not be detrimental to or endanger the public because the property has an improved driveway to Alpine Ave.  Sidewalk is provided around the building.  There is adequate internal room to allow vehicles to circulate and park for the drop-off and pick-up periods. An excess of the required parking is provided.

(2) The use is compatible with the intent of the zoning district and will not change the essential character of the surrounding area because this is an existing building/developed site and the use is permitted.

(3) The use will not be injurious to the use or enjoyment of other property in the immediate vicinity for the purposes permitted, will not substantially diminish or impair property values within the area, and will not result in any significant adverse impact on the natural environment because this is an existing developed site and additional improvements, specifically landscaping and exterior lighting, will meet code requirements.

Motion carried.

Case #06-479 – Steenland Insurance – Site Plan Review

Chairman Hickey read the application requesting approval of a site plan for a 24 x 38 square foot addition for office expansion located at 975 – 3 Mile Road.

Planner Wash reviewed his staff report and the site plan. He related that this is an expansion to an existing building located back in the woods. He provided site orientation to the 3 Mile/I-96 area and related that the addition is proposed to the east side of the building. Wash stated from a staff standpoint, the plan meets the requirements of the ordinance. Wash related that the grading along the ridgeline would be taken care of with our engineering department via the storm water and soil erosion permit process.

Jim Collins, Capitol Consultants was present on behalf of the applicant, along with Tim Steenland, owner.

Chairman Hickey asked questions about the levels and entry points to the building, and Mr. Collins answered them to Mr. Hickey’s satisfaction.

Chairman Hickey asked about #2. in Scott Conner’s memo regarding the drainage easement on the site? Planner Wash stated that Scott Conners did not have a copy of the drainage easement and we need a recorded copy for documentation. Collins stated that they would provide a copy to staff. He had a copy with him but it was not executed. Planner Wash stated if it is in a regulated wetland, it will include an MDEQ permit, otherwise it is handled via City storm water permit process.

Jim Collins stated that they will maintain the embankments of a 3 on 1, and will put the grades back to where they were.

Member Huizenga asked if this in a regulated wetland, or if some sort of easement by the Kent County Drain Commission, can they move forward? Planner Wash stated it is up to the developer to find that out via a wetland determination and comment from the MDEQ. The recorded drainage easement will be a condition of approval.

Member Gornowich asked for clarification of the size of the addition? Jim Collins stated the plans indicate 24 x 38 square feet.

Motion by C. Rypma, supported by C. Gornowich, to approve the site plan dated 12-11-06 for the Steenland Insurance addition (24 x 38) located at 975 3 Mile Road, N.W. as it does meet the standards set forth in the City of Walker Zoning Ordinance with the following conditions of site plan approval:

  • The applicant agrees to all conditions noted in the City Planning Director’s letter dated 12-11-06.
  • The applicant agrees to all conditions note din the City Engineer’s letter dated 12-14-06.

Motion carried 8-0.

Case #06-475 – Uccello’s Restaurant

It was determined that this case be tabled until review by the Zoning Board of Appeals, and if approved it will be on the Planning Commission Agenda on February 7th.

Commissioner and Staff Update

Planner Wash noted the upcoming meeting on January 3rd, and reminded the Planning Commission of the 3rd master plan area meeting for subarea 3B at 7 p.m. on January 10th. This is for the area between Bristol and Alpine area, and the Walker wedge. The Planning Commission meeting on the 17th will be the

4 Mile/Road Study Public Presentation at the Kenowa Hills Middle School, replacing our regular meeting.

Adjournment

Motion by T. Greeno, supported by D. Brown, to adjourn the meeting at 8:15 p.m.

 

_________________________ _____________________________

Administrative Approval Carol Gornowich, Secretary

Walker Planning Commission

 

 

 

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