September 22, 2009 Minutes
VILLAGE OF SPRING LAKE
PLANNING COMMISSION

MINUTES

REGULAR MEETING
SEPTEMBER 22, 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, Unkovskoy, VandenBosch, VanStrate and Yasenak

Absent: Kleppe and S. Miller

Staff present: Kathy Staton, Code Compliance and Planning Administrator

III. APPROVAL OF THE AGENDA

Motion by Unkovskoy, support by Johnson to approve the agenda. All in favor, motion carried.

IV. APPROVAL OF THE MINUTES

A. Approval of the Minutes of the August 25, 2009 Regular Meeting.

Johnson stated that he did not recall making a statement on page 7 about poultry. Staton offered to change the minutes. Motion by C. Miller, support by VanStrate to approve the minutes of the August 25, 2009 regular meeting as amended. All in favor, motion carried.

V. PRESENTATION

A. The People Center

Brad Fisher, People Center board member, will give a brief presentation to the Planning Commission regarding the operation of the People Center and the possibility of operating the center separately from Christ Community Church.

Brad Fisher introduced himself as the chairman of the board of directors for the People Center and passed out a handout with information about the operation. Commissioner Johnson stated that he is on the board of directors for the People Center and he stated that he would be abstaining when this comes before the Planning Commission for a vote.

Fisher explained that the People Center board is a 501(c)(3) non-profit organization. The Center is owned by Christ Community Church and is run as an accessory use of the church. The board’s plan is to ultimately purchase the People Center properties from the church. The properties include 308 E. Savidge, 312 E. Savidge, 316 E. Savidge and 307 E. Exchange. The Center offers temporary housing, food and clothing to those in need. The housing portion is transitional housing where people who pass a background check, a drug test and have a job can stay for as long as 6 months until they can get a place of their own. Fisher stated that it is not a homeless shelter. There is also a food pantry and clothing available.

Fisher explained that the People Center is a permitted use as an accessory use of the church. The church would like to sell the properties to the People Center. That would make the People Center an illegal use. Fisher explained that it is a situation very similar to what the Little Red House went through earlier this year. The People Center is asking the Village to consider amending the zoning ordinance to make them a permitted use so that they can buy the properties and be independent from the church.

There was discussion about the tax exempt status of the properties. They are currently tax exempt because they belong to the church and would continue to be tax exempt because the People Center is a non-profit. VanStrate noted that the Village Council will take a hard look at this because of the tax issue, but he thinks it is a good cause. VandenBosch stated that the property is not being taxed now so nothing would change.

When questioned, Fisher stated that they do not have plans to expand the facility. The commissioners agreed that they liked the fact that the tenants have to pass a background check and that this is not transient housing with its inherent safety concerns. There is a need for this kind of facility in the tri-cities. Johnson stated that it is a very well run facility and many people don’t even know they are there. There is very little impact on the neighborhood. Yasenak stated that providing this service makes us a better community.

The Commission determined that they would like to develop an ordinance amendment to allow this type of use and discussed some things that should be included in the regulations; special use permit in the P, Public, Semi-Public District, non-profit, subject to rental property regulations and inspections, and residential character. They asked Staton to draft some language to be discussed at the next Planning Commission meeting.

VI. OLD BUSINESS
A. Zoning Ordinance Amendment – Waterfront Setback Requirements

The Planning Commission will continue discussion of a proposed Zoning Ordinance Amendment to add Section 3.29 to regulate construction and setback distances on the water side of lots having water frontage.

The Planning Commission held a workshop on this issue prior to the meeting. There were several waterfront property owners present who again expressed their concerns about the proposed ordinance and questioned the need for the ordinance amendment.

The Planning Commission stated that the consensus of opinion among the commissioners after the workshop was that this amendment was requested by only one person and no one else was in favor of it.

Motion by VanStrate, support by Johnson to drop the issue and leave the ordinance as it is.

ROOL CALL –

AYES: Gleason, C. Miller, Unkovskoy, Yasenak, VanStrate, Johnson, VandenBosch
NAYS: None

All in favor, motion carried.

Yasenak noted that one of the homeowners at the workshop suggested that there should be regulations that limit the location of accessory buildings on waterfront lots. He asked if the Commission wanted to get language together to address that. VanStrate stated that he does not think there is a problem and thinks the ordinance should not be changed. Johnson agreed.

After discussion the Commission decided not to take any further action.

VII. NEW BUSINESS

DISCUSSION

A. Zoning Ordinance Amendment – Bed and Breakfast Regulations

The Planning Commission will discuss a proposed Zoning Ordinance amendment to Section 20.7(B)3, special use regulations for Bed and Breakfast Establishments. The proposed amendment would add additional regulations to the existing standards.

Staton explained that this amendment has been needed for some time. The lawsuit in 2007 showed that the Planning Commission was not willing to permit Bed and Breakfasts in all residential areas. She also noted that when the Planning Commission reviewed the B & B request for 203 E. Savidge they realized that the minimal regulations currently in the ordinance were not sufficient. Staton explained that the draft ordinance is an attempt to give more specific regulations and limit the areas where B & B’s would be permitted to just certain major streets in the Village.

VandenBosch stated that he would not want to see Bed and Breakfasts eliminated on Savidge Street. VanStrate noted that Savidge might be the only good street for B & B’s.

The commissioners went through the draft and made suggestions. Johnson stated that in paragraph ‘f’ he likes the regulation limiting the number of bedrooms rather than a percentage of the floor area. C. Miller agreed that the first option was better for paragraph ‘f’.

The commissioners discussed which streets B & B’s should be allowed on. The Commission agreed that Savidge Street would be appropriate. Gleason suggested that Exchange Street would be okay, but only west of Buchanan. The Master Plan anticipates the downtown area to expand in that direction. C. Miller stated that Liberty would also be okay. VandenBosch stated that he does not think that Lake Ave. and Fruitport Rd. should be on the list. The other commissioners agreed.

Staton asked about paragraph ‘n’ and whether the commissioners thought accessory uses should be permitted in B & B’s in commercial zoning districts. The Commission felt that would be appropriate.

There was discussion about paragraph ‘s’ and what amount of spacing should be required between B & B’s. C. Miller stated that she did not think that there should be more than 2 next to each other. Gleason noted that he does not see a huge demand to open B & B’s. VanStrate suggested that this paragraph be deleted. Yasenak agreed and stated that he would love to see all three houses at Alden Place become Bed and Breakfasts.

The Commission asked Staton to make the suggested changes and schedule the public hearing for the next meeting.

VIII. OTHER BUSINESS

Staton noted that Chairman VandenBosch had just been elected to serve on the Village Council, so there will be a vacancy on the Planning Commission. She asked the commissioners to try to recruit someone to fill the vacancy.

IX. STATEMENTS OF CITIZENS ON ITEMS NOT ON THE AGENDA
There were none.

X. ADJOURNMENT

There being no further business, motion by C. Miller, support by Johnson to adjourn the meeting. All in favor, meeting adjourned at 8:03 PM.


Respectfully submitted,

Kathy Staton
Code Compliance and Planning Administrator