For the second time in three months, Barry County planners are opposing a rezoning request that would allow Bay Pointe Inn to add onto its Bay Pointe Woods cottage complex.
The county planning commission voted 6-1 Monday night to recommend denial of the request from Bay Corp. Inc. to change the zoning on two parcels, totaling 3.7 acres, on Oarie Drive, a private drive that serves the Orangeville Township resort, from rural residential to mixed-use. The rezoning change would allow for the construction of five two-story cottages on the property.
The recommendation now goes to the county board of commissioners for final action, which could come at its next regular meeting Tuesday, Sept. 7.
In a separate action, the planning commission approved the addition of a laundry facility to the Bay Pointe Woods complex, but not where Bay Pointe owner Mike Powers wanted it. On a 6-1 vote, commissioners approved locating the facility on the west side of the cottages' parking lot, pending an administrative review by county Planning Director Jim McManus.
Powers expressed disappointment after the meeting.
“We had a good plan for that area, for the rezoning, and it would complement what we've already built and also enhance the whole vitality of the area,” he said. “Hopefully, we'll have better luck at the board of commissioners [meeting].”
Powers said the location commissioners chose for the laundry facility is 500 feet from his preferred location. He indicated he may pursue legal action.
“I certainly hope not, but they may have forced our hand,” he said. “If that's our only alternative, yeah, we'll certainly have to [consider it]. We're going to fight for what we feel is right, for the best location for our guests and our staff.”
The planning commission in late June had recommended denial of the rezoning, saying a decision should wait until a new county master plan is developed. However, the county board July 20 sent the rezoning back to the planning commission, asking members to re-evaluate the basis for its recommendation.
“[They] indicated that you cannot use the concept of a future land use plan as the basis of a decision … That can't be done because we have an existing plan. You have to use what we have currently available,” McManus said.
In his presentation to the planning commission, Powers said he regularly has to send potential guests to other hotels around the area because Bay Pointe is fully occupied. He said the area proposed for the rezoning is designated for future mixed-use development in the master plan.
“This strategic rezoning will blend perfectly with numerous contiguous properties already zoned mixed-use or commercial, while acting in the spirit of the Barry County future land use map and urban planning in the master plan,” Powers said. “Bay Pointe has experienced rapid growth, [with] over 100,000 visitors annually.”
David Tripp, a Hastings-based attorney representing Bay Pointe, spoke on Powers' rights as a property owner.
“The law holds that owners of property have a right to a reasonable return on their investment and that zoning cannot unreasonably deprive the owner of that return,” Tripp said.
At present, a barn is on one parcel and a doublewide mobile home on the other, Tripp said.
“It is not as though there is any type of rural residential home [on those properties] or a home that would come down. It's properties that are distressed and need to come down,” he said.
Four nearby residents spoke out against the rezoning, citing concerns that the project would disrupt the rural nature of where they live.
“These parcels were zoned rural residential for a reason years ago, to help create family-friendly neighborhoods and bring community together,” Elizabeth Bronson said. “It was intended to create a culture that was safe for everyone in the area, and since Bay Pointe Woods has added onto Oarie Drive, it has been everything but safe and quiet for us.”
Bronson submitted a Freedom of Information Act request in July, seeking an accounting of all calls made to Barry County Central Dispatch for the resort area in the past year. She said that, since February 2020, 39 calls had been made to dispatch for Bay Pointe Inn and Bay Pointe Woods, with calls including complaints for disorderly conduct, harassment and larceny.
“This is not what my husband and I signed up for when we bought our house back in 2016, well before Bay Pointe even owned the property next door,” Bronson said. “We thought we were buying a house in a quiet area, next to a 3-acre lot that was filled with beautiful wildlife on a daily basis.”
Powers refuted the claims about the police calls.
“There just hasn't been police complaints about noise, on record, that I was able to get on a FOIA request, so I'm not sure where Ms. Bronson is getting those [complaints],” he said.
Another resident, Joel Kapteyn, challenged the assertion that the area is planned for mixed-use development.
“There are no major businesses developing in that area. There's him – that's it,” Kapteyn said. “Other than that, in Orangeville Township, there's no major roads, no major utilities, no major schools, no other major businesses.”
Linda Ribble spoke on parking issues tied to the resort's Gun Lake Live Wednesday night concert series. She said at a recent concert, three parking lots were full to the point where some had to park on the parcel where the barn currently sits.
“There's not enough parking now for the overflow parking, so where are these cars going to be parked [when the parcel is redeveloped]? Along Marsh Road? I think not,” Ribble said. “There is simply not enough room in this area for all these planned projects.”
Three letters in support of the project were read into the record. Mike Glynn, who moved in two houses down from the resort's Boat House Villa last year, called the inn “a tremendous asset to the community.” Glynn wrote that he understood the concerns about traffic, parking and noise but expressed confidence in the inn's ability to deal with those issues.
“I believe Bay Pointe has demonstrated in the past that they can handle these type of situations with the upmost [sic] respect and courtesy of not only those who are attending Bay Pointe's gatherings, but members of the community as well,” Glynn wrote.
Another neighbor, Bob Bouma, wrote that Powers has always listened to his concerns and taken action when needed.
“Bay [Pointe] Woods has not been problematic and alleviated the parking issues we have seen in the past and I don't feel that the new development will be any different,” Bouma wrote.
Several planning commission members met with county Drain Commissioner Jim Dull, who visited the site in advance of Monday's meeting.
“He did not feel it should be developed, simply because there is no drain district,” Commissioner Jack Miner said. “If this property, after it is developed, covered with tarmac, whatever happens to the water, if it floods downstream, he has to get a drain district. Then you have skyrocketing costs, not for [Bay Pointe, but] for everybody downstream.”
“The danger to the residents of Barry County is far too high to rezone this parcel mixed-use,” Miner added.
Commissioner Vivian Conner – who serves on the county board representing District 6, which includes Orangeville, Prairieville and portions of Yankee Springs townships – also met with Dull and echoed Miner's comments.
“He said, basically, this is wetland vegetation, and you can't do anything to it,” Conner said. “You can't trim them, you can't groom them. They're wetlands, and they're protected … there aren't wetlands in mixed-use. Wetlands are in rural residential.”
Commissioner Bob Vanderboegh said Powers bought the parcels on speculation of being able to get approval for the zoning change and make a profit off the property.
“You can call it gambling, I guess,” Vanderboegh said. “I don't see that having a return on investment on this piece of property is a viable argument because you bought this speculating something that you had no control over.”
In addition to the rezoning, Powers asked for approval of a new laundry facility at Bay Pointe Woods, saying the existing laundry facility, which is connected to guest rooms at the main inn, is inadequate to serve the entire complex. It was the third time this year he had asked the board for approval.
An initial request was rejected 6-1 in April. In June, commissioners voted 4-2 against approval, then later deadlocked at 3-3 on a motion to deny approval.
Powers wanted to locate the laundry facility within walking distance of a resort cottage in Bay Pointe Woods that is in compliance with the Americans With Disabilities Act. Commissioners had proposed locating the facility near an existing storage shed that is close to the water.
“He never moved this to where the commission asked them to move it to, because he thought that to be too expensive,” Commissioner John LaForge said.
Planning commission Chairman Clyde Morgan was the lone “no” vote on both proposals.
“That is an ideal spot,” Morgan said of the proposal to locate the laundry facility near the ADA-compliant cottage. “It's just logical.”
Bay Pointe currently employs about 140 workers with an annual payroll of more than $2.4 million. The resort was expecting to add 10 to 15 new jobs as a result of the rezoning and lodging expansion, Powers said.