VILLAGE OF SPRING LAKE
PLANNING COMMISSION
MINUTES
REGULAR MEETING
JULY 28, 2009
Barber School Community Building
102 West Exchange Street
Spring Lake, MI 49456
I. CALL TO ORDER
Chairman VandenBosch called the meeting to order at 7:00 p.m.
II. ROLL CALL
Present: Gleason, Johnson, C. Miller, S. Miller, Unkovskoy, VandenBosch, VanStrate and Yasenak
Absent: Kleppe
Staff present: Kathy Staton, Code Compliance and Planning Administrator
III. APPROVAL OF THE AGENDA
Motion by Johnson, support by S. Miller to approve the agenda. All in favor, motion carried.
IV. APPROVAL OF THE MINUTES
A. Approval of the Minutes of the June 16, 2009 Special Meeting.
Motion by Johnson, support by S. Miller to approve the minutes of the June 16, 2009 special meeting. All in favor, motion carried.
V. NEW BUSINESS
PUBLIC HEARINGS
A. Special Use Permit – Group Day Care Home, 108 Stonegate Ct.
Sandy Duer requests a public hearing for a Special Use Permit to operate a group day care home at her home located at 108 Stonegate Court, Spring Lake. Plans call for up to 8 children at the home with one employee. The Special Use Permit would permit up to 12 children to be cared for at one time. Ms. Duer currently operates a family day care home on the premises.
Chairman VandenBosch explained that this request was withdrawn after the public hearing notices went out because the applicant found out that the condominium association by-laws would not allow the day care. There was no one present to comment on the request and no public hearing was held.
INFORMATIONAL PRESENTATION
Spring Lake Public Schools Superintendent Dennis Furton will present information about the new sign that will be installed at the Spring Lake Middle School.
Spring Lake Public Schools Superintendent Dennis Furton introduced himself to the Planning Commission. Furton explained that the school districts legal counsel verified that public schools are exempt from local zoning regulations. The sign they plan to put up is similar to the one at the library, but will be smaller and only have two lines of text. The text is one color and will scroll. This enables them to get as much information as possible out to the public. The sign will be turned off at night after 9:00 PM. He handed out a picture of what the sign will look like. It will be located in the same place as the existing sign at the middle school. They are trying to be good neighbors in the community. The commissioners all agreed that they support the school and think this will be better than the existing sign. They thanked Furton for the presentation.
DISCUSSION
C. Waterfront Setback Regulations
John Dykema, 423 Buena Vista, requests discussion by the Planning Commission on a possible ordinance amendment regulating setbacks for waterfront lots to keep new construction on waterfront lots in line with setbacks of existing structures.
Chairman VandenBosch introduced the request. John Dykema of 423 Buena Vista introduced his father, Keith Dykema. Keith explained that the zoning ordinance requires only a 25 foot rear yard setback. Most of the houses on Buena Vista are set back much farther than that from the water. They are concerned that with the current ordinance regulations someone could tear down one of the houses and build much closer to the water effectively blocking their neighbors’ traditional view and creating a tunnel vision effect. Keith explained that he had done research and found that other communities such as Grand Haven and Spring Lake Township regulate setback on water front lots by averaging the other lots on the block. He distributed copies of their ordinances.
There was discussion about what areas of the Village would be affected by this ordinance. Staton noted that the ordinance cannot just apply the Buena Vista unless an overlay district is developed. She also noted that in addition to the setback requirements the floodplain regulations also control how close to the water a structure can be built. Yasenak felt that it would be helpful to see how many properties in the Village would be covered under an ordinance like this.
The consensus of the Planning Commission was that the averaging regulations used by the other communities would be good and that there is no need to develop more complicated regulations. VandenBosch instructed staff to draft an ordinance with average setbacks and set the public hearing form the August meeting. He also asked that all waterfront property owners in the Village that would be subject to the new ordinance be sent notice of the public hearing.
D. Smart Growth Principles
The Planning Commission will discuss a recommendation from the West Michigan Strategic Alliance suggesting that the Village adopt Smart Growth Principles as part of the Village’s overall development plans. The Planning Commission will make a recommendation to the Village Council.
Staton explained that the West Michigan Strategic Alliance is encouraging all of the communities within its area to adopt the smart growth principles to help coordinate sustainable development in the region. She stated that the Village already follows the principles in the Master Plan and Zoning Ordinance. S. Miller stated that this is nothing different from what the Village is already doing. Johnson stated that the principles are a good framework for the Village to follow. VandenBosch agreed and stated that the Village is already there with most of the principles.
Motion by S. Miller, support by Johnson to recommend that Village Council approve a resolution adopting the smart growth principles.
E. Wind Energy Ordinance
Staff will present background information and a first draft of possible ordinance language to permit and regulate small wind energy turbines in the Village.
Chairman VandenBosch introduced the item. Staton explained that Ottawa County had developed a model wind energy ordinance and is encouraging communities within the county to use it to develop appropriate regulations for their community. Wind energy is becoming more common and it is a good idea to get regulations on the books before there are any requests to install the systems. There are currently small wind turbines at the Meijer store in Grand Haven and the Frauenthal Center in Muskegon. VandenBosch asked if the Village has received any requests to install a turbine. Staton said no, but that Spring Lake Township had been considering installing one at the fire hall, but the cost was prohibitive.
After general discussion VandenBosch asked Staton to set the public hearing for the August meeting.
F. Ordinance to Permit Keeping of Chickens
Village Council requests that the Planning Commission discuss and report on a possible Code of Ordinances amendment to permit residents in the Village to keep chickens in their backyard.
Chairman VandenBosch introduced the item. Staton explained that Village Council was asked to consider amending the code of ordinances to permit the keeping of chickens in the Village. Other communities such as Ann Arbor have ordinances to allow it. Village Council will be holding a public hearing at their next meeting on a proposed ordinance modeled after the one used in Ann Arbor. Staton noted that the Zoning Ordinance currently prohibits keeping chickens, so if the Village Council decides to adopt the amendment to the code of ordinances the Zoning Ordinance will also have to be amended. Staton stated that she thought that the Planning Commission might want to review the proposed ordinance and discuss whether this should be regulated under the Zoning Ordinance or administratively through the code of ordinances as proposed.
VandenBosch stated that he is not in favor of allowing chickens, but if the Village Council does want to permit it he would want the ordinance to require that the applicant get permission from all 4 neighbors. He stated that chickens are messy, smelly and they cluck and attract flies. He stated that he is perplexed that we are going through all of this if there is only one family interested. C. Miller stated that she knows people who have chickens and they are not as messy as a dog.
Michelle Yasenak, 505 E. Savidge, asked what the owner would do with the chicken droppings. She asked if Waste Management has any rules about disposal of chicken droppings or carcasses. She questioned whether chicken droppings could be used in a compost pile. Ms. Yasenak also questioned how much odor would be generated by 4 chickens and how high the enclosure would have to be.
VandenBosch stated that he would like to know why people want chickens; is it for food or as pets.
Linda Albonico, 524 Longview, stated that she is concerned about all the food recalls she hears about in the media so she wants to raise her own eggs. She stated that the chickens would be no dirtier than 1 dog. The chicken owner would have to clean up after the chickens just like a dog owner does.
Unkovskoy asked if there has to be a rooster in order to get eggs. Albonico said no. Unkovskoy asked if chickens can survive Michigan winters without a heated enclosure. Albonico said that they can.
Commissioner Yasenak stated that he is opposed to this. He stated that he does not think that keeping chickens is appropriate in a municipal area.
VanStrate asked about the proposed regulations of the enclosure. Since the enclosure is required to be 10 feet from the property line what would happen if the property already has a fence. He asked if the owner would have to build a second fence inside the existing one. Staton said yes, the enclosure would be required to be 10 feet back from the property line. There is also a requirement that the enclosure has to be at least 40 feet from residential buildings on adjacent lots, but that requirement can be reduced with permission from the neighbors.
Johnson asked if there is a minimum lot size requirement to keep chickens. Staton said there is not. Johnson said that he is not in favor of allowing chickens.
Gleason stated that he thinks that chickens are agricultural, not pets. There is no agricultural zoning in the Village. Gleason stated that he is concerned that if the Village allows chickens what will be next. The next person might want ducks or goats.
C. Miller stated that she thinks that this is a good idea and it should be permitted. She stated that the chickens are not intended as pets; people want the eggs.
Ms. Albonico stated that she did not think that lot size matters because there is no minimum lot size for dogs. She stated that a neighbor could have 3 great danes which would be much worse than chickens.
VandenBosch stated that we are a dog and cat society. He feels that allowing chickens would be going backwards. His father used to raise them in the back yard, but this is 2009 not 1952. He stated that if this goes forward he hopes it has to have permission from the neighbors.
S. Miller stated that she is opposed to this being approved by Village Council, but she also does not want it to have to come to the Planning Commission for approval. VandenBosch asked if she meant that she did not think it should be a special use permit to keep chickens. S. Miller said that was correct. Yasenak agreed with Miller.
Gleason asked Staton if there are any agricultural uses in the Village. Staton said there is no agricultural zoning in the Village.
VandenBosch stated that it sounds like the majority of the commission is against allowing chickens in the Village, but if Council wants to pursue it there should be a strict ordinance. Unkovskoy asked if the Planning Commission should make a motion. VandenBosch said that they could if they want to.
Motion by Johnson, support by S. Miller to recommend that Village Council not change the code of ordinances to allow chicken keeping in the Village.
ROLL CALL:
AYES – Gleason, Johnson, S. Miller, Unkovskoy, VanStrate, Yasenak, VandenBosch
NAYS – C. Miller
Motion carried.
VI. OLD BUSINESS
There was none.
VII. OTHER BUSINESS
A. Review of Grand Haven Draft Master Plan
The Planning Commission will review and offer comments on the draft of the 2009 Grand Haven Master Plan.
Staton explained that Grand Haven sent a copy of their draft Master Plan for the Village to review and offer comments. She discussed her review of the document and gave a synopsis of important features in the plan. Staton stated that the Grand Haven Plan is very complimentary to the master plan that the Village recently adopted. Their plan incorporates many of the same principles as the Village plan including fostering walkability in the community, development of design standards for different areas of the city, encouraging a variety of housing types, encouraging low impact development techniques and cooperation with neighboring communities on development issues.
The Planning Commission held a brief discussion. Chairman VandenBosch asked Staton to draft a letter to Grand Haven about the plan.
VIII. STATEMENTS OF CITIZENS ON ITEMS NOT ON THE AGENDA
Michelle Yasenak stated that she was glad that the Planning Commission voted to recommend against allowing chicken keeping.
IX. ADJOURNMENT
There being no further business, motion by Yasenak, support by Johnson to adjourn the meeting. All in favor, meeting adjourned at 8:20 PM.
Respectfully submitted,
Kathy Staton
Code Compliance and Planning Administrator
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