City of Tecumseh
Planning Commission RegularMeeting
July 11, 2017
City Hall
309 E. Chicago Blvd.
7:00 PM
MEETING CALLED TO ORDER by Chairperson Fox at 7:00 pm.
PLEDGE OF ALLEGIANCE led by Chairperson Fox.
ROLL CALL:
Present:
Bob FoxChairperson
David MalmquistVice-Chairperson
Jim HammondCommissioner
Rick RuhlCommissioner
Tom WeitzelCommissioner
Vicky LantzyCommissioner
It was moved by Malmquist and supported by Weitzel to excuse Commissioners Bidwell and B. Hammond. Motion carried unanimously.
A quorum was established.
APPROVAL OF MEETING AGENDA
It was moved by Ruhland supported by Weitzelto amend the agenda to add an action to the short-term rental agenda item and approve the Agendafor this meeting heldJuly 11, 2017.
Motion carried unanimously.
APPROVAL OF MEETING MINUTES
It was moved by Malmquistand supported by Weitzel that the minutes from the regular meeting held June 13, 2017be approved with the correction to add Commissioner Lantzy as present.
Motion carried unanimously.
OTHERS PRESENT
Brad Raymond (Building Services Director),Jack Baker (Mayor), Dan Swallow (City Manager), Shelby Simpson (Administrative Services Manager), Paul Lippens (City Planner, McKenna & Associates), Al Roberts (Roberts Investments), Ken Roberts (Roberts Investments), Tony Menyhart (resident).
PUBLIC COMMENT RE: ITEMS ON THE AGENDA
Tony Menyhart, 306 W. Logan St., spoke in support of Airbnb vacation rentals in the City of Tecumseh, stating that Airbnb is an experience, not just a hotel room. Providing this type of accommodation brings visitors into Tecumseh for surge events in the area such as Nascar, Faster Horses, etc. Sharing his home has afforded him the opportunity to meet new people from all over the world.Menyhart also stated that he has had very positive feedback from those individuals who have stayed at his home. Advertising all over the world say, “You have a friendly place to stay in Tecumseh.” Menyhart added he believes Airbnb rentals are a wonderful asset to the community because Tecumseh is underserved by hotels.
DISCUSSION OF GROUP RETREATS
MOTION to Abstain
A motion was made to recuse Chairman Bob Fox from the group retreat discussion due to a conflict of interest. The motion was moved by Lantzy and seconded by Weitzel.
A roll call vote was taken.
Yes: J. Hammond, Lantzy, Malmquist, Ruhl, Weitzel
No: None
Motion carried unanimously.
Paul Lippens of McKenna & Associates led the discussion on group retreats in the City of Tecumseh, distinguishing them from Airbnb/Homeaway vacation rentals and Bed & Breakfasts by stating that with group retreats space is rented in the home for specific types of group events and the owner would not necessarily be on site.
Lippens summarized a letter submitted by McKenna & Associates that incorporated suggested changes that would pertain to group retreats under the Bed & Breakfasts section (Sec. 98-223) of the zoning ordinance.
Changes noted by Lippens included:
- For group retreats homes, the real property owner and operator is not required to live on the premises; however they shall be present for at least eight (8) hours per day when the group retreat home is in operation.
- For group retreat homes, no more than eight (8) sleeping rooms shall be available for guests.
- Group retreats may serve meals at no extra charge.
- Signs must comply with the regulations of the Zoning District in which the facility is located.
- One unlighted building mounted sign, not exceeding 8 sq. ft. may be substituted for one temporary sign. This sign may be a ground sign if indicated on the permit application.
- Currently, bed & breakfasts are restrictive to historic homes only. A text amendment to the ordinance would allow group retreats to be held in historic homes, but not restrictive to historic homes.
Lippens recommended updating the section of the ordinance regulating bed and breakfasts to include group retreat homes and regulating them the same way except for some differences. Mckenna & Associates provided regulations for the proposed language.
The existing bed and breakfast regulations included a provision allowing a sign of up to 6 square feet in area. Lippens recommended changing this so signs must comply with the regulations of the Zoning District in which the facility is located, and updating the sign ordinance to allow a building-mounted or a ground sign up to 8 square feet with a permit in substitution of one temporary sign. Regulations for the proposed language was also included by McKenna & Associates.
DISCUSSION OF SHORT TERM RENTALS IN TECUMSEH
Lippens referenced a memorandum regarding McKenna’s research and recommendations on regulations dated July 5, 2017, discussing that many communities have enacted regulations to combat externalities of short term rentals, which have grown in popularity due to services such as Airbnb.
According to McKenna’s memorandum, the Michigan State Legislature is debating a draft bill amending the Michigan Zoning Enabling Act to limit the ability of local governments to regulate short term rentals. The proposed bill would only allow short term rentals to be subjected to regulations applied on a consistent basis to both rental and owner-occupied dwellings for noise, advertising, traffic, or other conditions. It would also define short term rentals as a residential use of property and thus would be a permitted use in all residential zones. Proponents of this bill cite the rights of property owners to conduct a valid use of their property, while opponents of this bill cite the loss of local control and zoning power.
Lippens, on behalf of McKenna & Associates, recommended that should the City decide to act, the special land use approach would most likely meet the City’s need for local regulation, and the home occupation approach would also be appropriate. Lippens advised against combining the definitions for bed and breakfasts and short term rentals, and should be defined separately. Any standards developed for short term rental unit should be applicable to all uses such as signage, noise, garbage disposal, exterior appearance of buildings, and others.
Raymond stated that he was in agreement with McKenna’s recommendation, because when occupants are staying in an environment in which they are not familiar, safety measure may need to be required. Special land use gives the City options to control that.
MOTION to Approve
A motion was made to approve the addition of short term rentals as an agenda item and schedule a public hearing for the August 8, 2017 regular meeting. The motion was moved by Lantzy and seconded by Weitzel.
A roll call vote was taken.
Yes: J. Hammond, Lantzy, Malmquist, Ruhl, Weitzel
No: None
EXTENSION OF SITE PLAN APPROVAL FOR RED MILL POND DEVELOPMENT
Raymond introduced Al and Ken Roberts of Roberts Investments, LLC, who purchased the Red Mill Development six weeks prior. He gave the commission a brief history of the property, stating that the original site plan was approved in 2005 and since the purchaser would like to start development, they are asking for an extension on the site plan approval.
Al Roberts gave the commission a summary of what had been completed on the property, stating that the water, shut-offs and sanitary sewer are all in. The pump station will need to be added. Easements from the railroad have been obtained, as well as the emergency exit and construction easements.
MOTION to Approve
A motion was made to extend site plan approval. The motion was moved by Malmquist and seconded by J. Hammond.
A roll call vote was taken.
Yes: J. Hammond, Lantzy, Malmquist, Ruhl, Weitzel
No: None
PUBLIC COMMENT:ITEMS NOT ON THE AGENDA
None
REPORTS
Chairperson –None
Director– None
Communications–None
MOTION to Adjourn
A motion to adjourn the July 11, 2017meeting was movedby Malmquist and seconded by Ruhl.
Motion carried unanimously.
Meeting adjourned at 8:16p.m.
Recorded by Shelby Simpson
PC. 7.11.17Page 1