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Planning commission recommends denying expansion of Little Seedlings Berkley home daycare at 1818 Mortensen

Berkley Planning Commission · December 17, 2024
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Summary

After public comment and debate over parking, safety and enforceability of conditions, the Berkley Planning Commission voted 4–2 to recommend denial of PSU 0324, a special land use request to expand a home daycare at 1818 Mortensen from 1–6 to 7–12 children. The recommendation will go to city council in January.

The Berkley Planning Commission voted 4–2 on Dec. 17 to recommend denial of PSU 0324, an application to expand a home day care at 1818 Mortensen from its current licensed 1–6 children to 7–12 children under special land use rules.

Staff opened the public hearing by calling PSU 0324 a new application and noting two applicant-proposed conditions: limiting pick-ups and drop-offs to Princeton and requiring that six of the 12 children be walkers. Kristen, a city planner who presented the staff report, told the commission that staff reviewed the standards for special land use approval and recommended the request, adding that Michigan law treats 7–12 child home day cares as residential uses permitted in neighborhoods.

Attorney Richard Rassell, representing applicant Little Seedlings, told the commission the applicant had revised the proposal after an April denial and proposed the two conditions to address traffic concerns. Rassell said the operator has run similar locations without incident and that compliance would be enforced contractually and through the city’s occupancy and code-enforcement processes. "They will be enforced to the t," Rassell said, adding the provider would accept periodic inspections and return for a follow-up check-in if the commission wished.

Neighbors and public speakers were split. Colleen Eastop of 1721 Princeton opposed the expansion, calling it "absolutely about money" and arguing the walker requirement was impractical in cold or stormy weather. "If it's freezing weather, you're gonna have an infant in a stroller for how many minutes when skin freezes," she said. By contrast, Kathy Van Wagon, who walks past the house daily, said she typically sees "0 to 3 cars max" at drop-off and urged the commission to approve the use as a neighborhood amenity.

Commissioners debated enforcement and safety. Several members noted staff and public safety had no recorded incidents or crash reports at Mortensen or Princeton, and some commissioners said current operation (1–6 children) had no complaints on file. Others said the corner lot location next to busy streets and nearby schools made the site especially sensitive and that contractual promises could be difficult to police in practice.

A motion to approve PSU 0324 with the proposed conditions failed after roll call voting recorded support from Commissioner Bartus and Commissioner Arntzen and opposition from Commissioners listed in the transcript as Dolan, Stapp, Woods and Chair Kempner. An alternate motion to recommend denial passed 4–2; the roll call on that motion (later in the record) shows Commissioners Dahlin, Stapp, Woods and Chair Kempner voting yes, and Commissioners Arntzen and Bartus voting no. The commission’s recommendation will be forwarded to the Berkley City Council for consideration at a meeting in January.

The record shows the key factual points that will go to council: the address (1818 Mortensen), the application number (PSU 0324), the two applicant-proposed conditions (Princeton-only drop-offs; six walkers among 12 children), staff’s recommendation for approval, and the commission’s recommendation to deny. The council will receive the full packet of written comments, the staff memo, and the audio/transcript of the Dec. 17 hearing.

The Planning Commission closed the meeting without further land-use action and adjourned at 8:27 p.m.