Call to Order: Chairman Walraven called the meeting to order at 7 p.m.
Members present: Cook, Kehl, Verdon, Watson, Walraven. Excused: Barry,
Collins. Staff: King, Scripps.
II. Approval of Minutes:
Minutes of May 21, 2014:
MOVED BY COOK, SECONDED BY WATSON TO APPROVE THE MINUTES OF MAY 21, 2014 AS AMENDED. MOTION APPROVED 5-0.
Note: The minutes were amended to correct clerical error.
PUBLIC HEARING: Short Term Rental Request:Chair Walraven opened the Public Hearing at 7:44 pm.
Staff Report: Zoning Administrator King discussed and explained the process and procedures to be followed in considering a Special Use Application and Site-Plan Review for a Short-Term Rental.
Zoning Administrator King introduced the applicants, Joe and Lyn King, of 803 3rd Avenue, W. #504, Bradenton, FL 34205, who submitted an application and Site Plan for a Short Term Rental on May 24, 2014. Upon receipt of the application a Public Hearing notice was published in the Leelanau Enterprise, and owners of property within 300-feet of the property were contacted.
The subject property is located at 110 Park Drive, Northport, MI 49670, Parcel #45-042-450-035-00, and further described as Lots 24 and 26 North Side of Second (2nd) Street, Village of Northport. The parcel is zoned CR1 (Commercial Residential).
Zoning Administrator King that the Planning Commission’s Site Plan Review process will provide a detailed overview of this property covering Zoning Ordinance Article 17 – Special Use Applications, including permit procedures, standards, uses requiring a Special Use Permit, and specific requirements, and Article 18 – Site Plan Review. Zoning Administrator King recommended that the Planning Commission conduct the Site-Plan review first, followed by the Special Use process.
Planning Commission Discussion: Article 18 – Site Plan Review, including Site Plan Requirements and Regulations (and drawings provided). This parcel has an existing residential single family structure with the intent of doing short term rentals.
In reviewing a Site Plan Review, the Planning Commission shall determine whether he applicant has proven that the site plan is consistent with the Ordinance and in accordance with the adopted and Future Land Use Plan and more specifically:
The movement of vehicular and pedestrian traffic within the site and in relation to access streets will be safe and convenient.
The development will be designed, constructed, operated, and maintained to be harmonious, compatible, and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the area or neighborhood in which it is proposed to be located.
That the site plan shows the use will be adequately served by necessary improvements, including but not limited to sewage collection and treatment, potable water supply, storm drainage, lighting, roads and parking.
That the site plan is adequate to provide for the health, safety and general welfare of the persons and property on the site and in the neighboring community.
Permits may be required by the County and/or State for construction of the use, such as but not limited to, permits for On Site Waste Water Disposal and those required by Soil Erosion and Sedimentation Act, Sand Dune Protection and Management Act, Shoreland’s Protection Act, Wetlands Protection Act, Inland Lakes and Streams Act and others. It shall be the full responsibility of the applicant to obtain all relevant permits.
In response to a question regarding additional off-street parking, Mr. King referred to drawings submitted.) Commissioner Cook questioned boat parking, and Mr. King responded to his concerns.
Applicant’s Comments: Mr.J. King stated that he and Mrs. King understand the guidelines of the Special Use Permit, and believe they are in compliance in all of the regulations. He continued that the property will be managed by Solutions for You, who is in the business of managing short-term rental properties. He added that a rental application and contract will state trash pick-up information, and will include parking regulations.
Section 17.03 – Special Use Permit Standards:
General Standards: the Planning Commission shall review each application for the purpose of determining that each proposed use meets the following standards and, in addition, shall find adequate evidence that each use on the site proposed will:
a. Be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
Not be hazardous or disturbing to existing or intended uses in the same general area and will be an improvement to property in the immediate vicinity and to the community as a whole.
Be served adequately by essential public facilities and services, such as highways, streets, police, fire protection, drainage structures, water and sewage facilities and schools.
Not create excessive additional requirements at public cost for public facilities and services.
Not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
Be in conformance with the Village Master Land Use Plan.
Mr. J. King explained the configuration on Park Drive, and indicated that vehicles would enter both ways. Regarding Park Drive parking, once the micro brewery opens, Mr. J. King indicated that the Village has addressed that matter.
Commissioner Cook stated that in his review of the parking area, he could get equipment in and out in case of an emergency.
Section 17.04 - Specific Requirements – Part 24 – Short-Term Rentals The general standards and requirements are basic to all uses authorized by Special Use Permit. The specific and detailed requirements in the following section relate to a particular use and shall be met prior to the approval of a special use.
Short-term rentals include single-family dwelling units that are rented to individuals for a fee. The length of short-term rental is between one (1) day and twenty-one (21) days.
The exterior of the dwelling shall appear as a standard single-family rental with one (1) primary entrance.
Sufficient parking for the rental use shall be provided on the property.
A contact person, who resides year round in Leelanau County, shall be available 24-hours a day, seven (7) days per week for the purpose of responding promptly to the complaints regarding the conduct of occupants of the short-term rental unit.
Chair Walraven asked Mr. J. King if he would instruct renters where allowed parking for boats, jet skis would be. Mr. J. King responded yes. Commissioner Watson suggested that the area intended for parking be made to look like it – rather than as a garden.
Conditions and Safeguards:
Mow area for parking boats, RV’s and other recreational equipment.
Referencing Property Rental Contract (attached) for detailed trash pick-up and other matters.
Applicant Comment: Lyn King clarified that it is the responsibility of the renter to put trash out
on trash day, but Solutions for You is responsible that renters abide by the contract.
The Public Hearing was closed at 8:15 pm.
Discussion and Comments: Site Plan Review: MOVED BY KEHL, SUPPORTED BY COOK TO ACCEPT THE SITE PLAN AS PRESENTED. No further discussion was heard.
ROLL CALL: COOK YES
WALRAVEN YES MOTION APPROVED 5-0.
Section 17.04 – Special Requirements:Chair Walraven stated that the Planning Commission had reviewed with the rentors the Conditions of Approval – 1. to mow the area for parking boats, RV’s and other recreational equipment, and 2. Referencing Property Rental Contract for detailed trash pick-up and other matters, which will be attached to the minutes of this meeting.
MOVED BY COOK, SUPPORTED BY VERDON TO ACCEPT THE SPECIAL USE PERMIT AS AMENDED. ROLL CALL: VERDON YES
WALRAVEN YES. MOTION APPROVED 5-0. IV. Open Forum: V. Correspondence:
VI. New Business: None.
VII. Old Business:
Regulations of Food Truck Vendors in Northport: Chair Walraven stated that the matter of food truck vendors was discussed at the last Planning Commission meeting, and was addressed at the most recent Village Council meeting.
According to legal counsel and President Von Voigtlander, the most direct way to address this is through zoning. The Planning Commission would provide specific recommendations to the Village Council for consideration.
Chair Walraven continued that at the last meeting, the Planning Commission and Zoning Administrator King discussed the current Village ordinance’s approval process, and also discussed events sponsored by the Chamber of Commerce, such as Music in the Park, and the rules and regulations of vending at those events, including how to become a vendor.
Chamber of Commerce rules that a vendor has to be a Township resident, and willing to donate ten percent of sale revenues after taxes to the Chamber. Chair Walraven stated that there isn’t clarity between the Village ordinance and the Chamber of Commerce on the regulations for vending.
Commissioner Watson asked if a Village resident could vend from their yard? Discussion followed on Federal and State laws relating to food health. As long as those regulations are followed private enterprises could have private vendors on their property. That is what is now happening in Suttons Bay.
Commissioner Verdon stated that the Planning Commission had also discussed requiring a limited vending license and requirements for a specific day. She continued that would be an aspect to further explore.
Chair Walraven recommended forming a Planning Commission committee to work with a member of the Village Council to move the process along, and to include input from food truck vendors on issues to be considered from their standpoint when creating appropriate zoning.
Chair Walraven asked John Weber, a member of the public and a food truck vendor for his input.
Mr. Weber described his experiences, and what he feels are the positives to maintain a positive reputation for the food truck, while protecting the venue. He discussed issues of liability insurance that he doesn’t see addressed here.
Mr. Weber also suggested:
A clear understanding of the sponsor for a Special Event. Go through the proper channel – Village or Chamber of Commerce.
Stipulation of the number of allowed primary and secondary food and non-food vendors allowed at each event.
Hours of operation, and appropriate lead time
Clear guidelines of the rules and regulations of the request and approval process, including operating out of a licensed kitchen.
Request of a vendor menu to ensure a variety of foods, without redundancy.
Designated areas for each vendor to set up.
A percentage of the sales required of vendor.
When a food truck vendor is declined, provide in detail the reasons.
Mr. Weber concluded that allowing vendors can draw people to the community. Not all people want a restaurant experience. There are tradeoffs.
Mr. Weber provided a written draft of items for the Planning Commission to consider as they move forward in discussions.
Chair Walraven responded that some events mentioned by Mr. Weber are sponsored by the Chamber of Commerce. The Chamber of Commerce has a vested interest in its vendors, and the percentage of money from sales going back to the Chamber.
Chair Walraven added that zoning issues fall under the Planning Commission venue, while rules and regulations are administered by the Village. Forming a committee to carry the process forward, along with Mr. Weber’s comments and input from other brick and mortar businesses would indicate the concerns and expectations of the work we are getting ready to do. This won’t happen overnight. We will need resources from the Village to investigate legal and liability issues, licensing, requirements, and enforce-ment. There needs to be a process that everyone abides by.
Commissioner Verdon offered to Chair the subcommittee, with Commissioner Watson agreeing to be the second member. Chair Walraven will talk to Village President Von Voigtlander regarding a member from the Village Council.
Commissioner Kehl asked how Mr. Weber should proceed. Commissioner Commission Cook stated following the existing ordinance, and the Chamber of Commerce’s rules and regulations for its venue.