PC 12-16-14 AM
VILLAGE OF NORTHPORT
PLANNING COMMISSION MEETING
Northport Village Office
116 West Nagonaba St., Northport, MI 49670
Tuesday, December 16, 2014
APPROVED MINUTES
I. Call to Order: Chairman Walraven called the meeting to order at 7 p.m. Members Present: Ernie Barry, Bill Collins, Hugh Cook, Chris Verdon, Jim Watson, Ben Walraven. Staff: Steve Patmore, Merilee Scripps. Public: 5. One member of the Planning Commission is yet to be appointed.
II. Public Comment:
1. Pam Steffens inquired about the Ad-Hoc Committee to be formed to review proposed revisions to the Village Zoning Ordinance.
2. Barbara Weber asked if the new Village manager would also serve as the Village Zoning Administrator.
3. John Weber asked about golf course signage. He also inquired whether smoking would be allowed at the golf course.
4. Will Harper offered his properties as places where golf course signage would be placed if the Village wishes to do so.
III. Correspondence: None.
IV. Approval of Meeting Minutes of November 18, 2014: The minutes of November 18, 2014 were approved as presented.
V. Old Business:
A. Public Hearing on the Application for a Special Use Permit submitted by Anne Harper and Greg Nobles to operate a Short-Term Rental at 213 Fourth Street: Chair Walraven reopened the tabled Public Hearing of Gregory Nobles/Anne Harper application for a Special Use Permit.
Acting Zoning Administrator Patmore reviewed and discussed the standards that need to be met as part of the approval process. They are as follow:
Section 17.04.24 – Specific Requirements – 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.
a. 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.
b. The exterior of the dwelling shall appear as a standard single-family rental, with one (1) primary entrance.
c. Sufficient parking for the rental use shall be provided on the property.
d. The short-term rental shall have designated location for boats, bikes, jet skis, and personal watercraft.
e. 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.
Zoning Administrator Patmore focused on c - stating that in the public comments of Mrs. Steffens she used the words “own property”, where the language of the Zoning Ordinance is “the property.” The applicant has indicated that their interpretation of the phrase means “off the street.” These are discretionary standards, up to the Planning Commission to determine the meaning.
Zoning Administrator Patmore continued that of the five specific requirements for Short-Term Rentals, only c. remains to be resolved. According to drawings provided, the applicant has limited parking to two off-street spaces.
He continued that the Planning Commission has seen the survey and the pictures of the platted lot parking area, where there are 6 ½-feet between the fence and the right of way. Zoning Administrator Patmore interprets the right of way as in the center of the road, but which will be determined by Planning Commission discussion. Mr. Patmore added that the word “waiver” has come up in past discussions. The Planning Commission does not have the right to waive, but is responsible for interpretation of the zoning ordinance.
Commissioner Barry indicated that he has traveled the Village looking at many parking patterns, and questions what he has observed. He asked what the definitions of roadway, right of way or road easements were. Roads in the Village have different widths and different centerlines, and aren’t always in the right locations. If we looked at all of these, there would be many areas found in non-compliance. Commissioner Barry added that in looking at easements from the road to wherever the property line would be he found numerous cars parked in like spots. How would the Village enforce this issue if cars were not allowed parking in easements?
Commissioner Barry added that he feels that Mr. Nobles/Ms. Harper have gotten the cars off the roadway as much as is possible. The only location that could be used for a driveway is where the Village has put in a culvert for reasons he is not aware of. He added that he has gone through the Zoning Ordinance, and couldn’t find anything that defines parking for residential, except for “the” as mentioned above.
Commissioner Cook asked if the culvert was infringing on the Nobles/Harper property. Mr. Nobles replied that it was on Village property.
Chairman Walraven asked Mr. Nobles if additional information regarding noise matters could be added to the lease agreement, posting information also in the home. Mr. Nobles replied that he now has a book in the home of instructions dealing with this matter. He added that they also talk to prospective renters to determine if they would be suitable renters. He agreed to add whatever it will take to clarify noise issues.
Commission Collins finds that 6.75-feet between the fence and the property line are sufficient for parking.
Chair Walraven commented that some Village residents believe the language of the Zoning Ordinance of “on the property” means “owned” property. In the Village many people are parking on the right-of-way. If we began to single out one kind of use of a house as the only ones that must abide by being on their “own property” the Village could be at jeopardy from those that are forced to do that. That’s a risk.
Chair Walraven continued that be finds the Mr. Nobles/Ms. Harper have tried, and have accomplished being in compliance with parking requirements.
Commissioner Watson added that if the critical issue is in keeping that roadway clear in case of an emergency, the fire chief has stated that there is no problem with the existing road on Fourth Street.
Chair Walraven stated for clarification that the Planning Commission doesn’t change Zoning Ordinance language – the Village Council can only do that. What the Planning Commission can do, however, is make a fair and reasonable determination to propose to the Village Council. He added that it is also not the Planning Commission’s responsibility to enforce codes.
Discussion of above was completed.
MOVED BY COLLINS, SUPPORTED BY WATSON THAT THE APPLICATION MEETS THE STANDARDS OF Section 17.04.24 – Specific Requirements – Short-Term Rentals A-E ABOVE.
ROLL CALL: vERDON YES
WATSON YES
COLLINS YES
BARRY YES
COOK YES
WALRAVEN YES
MOTION APPROVED 6-0.
Acting Zoning Administrator Patmore continued with review and discussion of 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
vicinity and that the use will not change the essential character of the area in which it
is proposed.
b. Not be hazardous or disturbing to existing or intended uses in the same general area
will be an improvement to property in the immediate vicinity and to the community as a whole.
c. Be served adequately by essential public facilities and services, such as highways, streets, police, fire protection, drainage structures, water and sewage facilities and schools.
d. Not create excessive additional requirements at public cost for public facilities and services.
e. 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.
f. Be consistent with the intent and purpose of the Zoning District in which it is proposed to be located.
g. Be in conformance with the Village Master Land Use Plan.
Acting Zoning Administrator Patmore indicated that the above are for the Planning Commission to determine.
MOVED BY COOK, SUPPORTED BY COLLINS THAT THIS REQUEST MEETS THE CONDITIONS OF SECTION 17.03 – SPECIAL USE PERMIT STANDARDS ABOVE.
ROLL CALL: COOK YES
BARRY YES
COLLINS YES
WATSON YES
VERDON YES
WALRAVEN YES
MOTION APPROVED 6-0.
Acting Zoning Administrator Patmore then reviewed Article 18 – Site Plan Review, which outlines the process for performing a Site-Plan Review to ensure that developments are designed to integrate well with adjacent developments, minimize nuisance impacts on adjoining parcels, ensure safe and functional traffic access and parking, minimize impacts on sensitive environmental resources, and promote development that is compatible to the Village’s small town character.
Article 18 – Site-Plan Review, including Site-Plan Requirements and Regulations In reviewing a Site-Plan Review, the Planning Commission shall determine whether the applicant has proven that the site plan is consistent with the Ordinance and in accordance with the adopted Future Land Use Plan and more specifically:
a. The movement of vehicular and pedestrian traffic within the site and in relation to access streets will be safe and convenient.
b. 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.
c. 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.
d. 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.
e. 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.
Discussion of Conditions followed, with revisions made to the conditions agreed to at the August 20, 2014 Planning Commission meeting. The revised list of Conditions of Approval is as follows:
1. Two parking spaces must be on the grassy area in front of the house.
2. Regular weekly trash pick-up is required, and must be in an approved vendor container.
3. Language be included in the contract regarding the Noise Ordinance and restrictions, and posted in the house.
4. Clarification of access rights to the street end.
5. Name of contact person on file, with a copy of the newly revised contract.
Chair Walraven briefly discussed the concerns expressed in written correspondence from Mr. Don Sheets regarding ingress/egress issues. Chair Walraven asked the applicant, Mr. Nobles, if there was anything additional he could add to his rental posting to explain ingress/egress. Mr. Nobles stated that he would do whatever was deemed necessary, adding that he would like to see the language from State law.
MOVED BY COOK, SUPPORTED BY BARRY TO APPROVE WITH CONDITIONS AND SAFEGUARDS PROVIDED THE APPLICATION FOR A SPECIAL LAND USE PERMIT SUBMITTED BY ANNE HARPER AND GREGORY NOBLES TO OPERATE A SHORT-TERM RENTAL AT 213 FOURTH STREET. THIS DECISION IS BASED ON THE APPLICATION, FACTS PRESENTED TO THE PLANNING COMMISSION, PUBLIC COMMENTS, SPECIAL USE PERMIT SPECIFIC REQUIREMENTS, SPECIAL USE PERMIT STANDARDS AND SITE PLAN REVIEW STANDARDS, AND AUTHORIZE, BASED ON THE ZONING ORDINANCE, THE ZONING ADMINISTRATOR TO PREPARE THE SPECIAL LAND USE PERMIT FOR REVIEW AND SIGNATURE BY THE PLANNING COMMISSION CHAIR.
ROLL CALL: COOK YES
BARRY YES
COLLINS YES
WATSON YES
VERDON YES
WALRAVEN YES
MOTION APPROVED 6-0.
Pam Steffens asked to make an additional comment to let the Planning Commission and Mr. Nobles know that when the permit was rescinded that the Steffens did not rescind their right to appeal, and the Village agreed to a condition that the Village would hold the Steffens’ ZBA appeal in abeyance. There would be no need for a new application. The Village will take the position that the stay on further Short-Term Rentals prompted by the initial ZBA Appeal continues in effect until the ZBA’s final decision on the matter, contingent on the Planning Commission’s decision at its meeting (which you just held). She added that it depends on the nature of the Planning Commission’s decision – the Steffen’s have ten-days after the Planning Commission’s decision to amend their appeal. She continued that this will still be active, as an appeal, and the stay is in effect according to the Village and State law so they cannot advertise for rental until this is settled, and if they do – that is “scoff” law.
Chair Walraven stated that he would let Village legal counsel determine what the applicant can or can’t do.
B. Capital Improvement Plan/Budget: A sub-committee of Planning Commissioners Barry, Verdon and Watson was formed to review and provide input to the Planning Commission on Capital Improvement Plan (CIP) projects to consider for the next fiscal year.
Discussion followed of the recommendations of the committee, with commissioners making changes and revisions. Recommended revisions will be added to the draft of the CIP for review at the Planning Commission’s January 20, 2015 meeting, before forwarding to the Village Planning Commission for consideration.
C. New Business:
1. Report from Ad-Hoc Committee on Short Term Rentals: The first Ad-Hoc Committee meeting was held on December 9, 2014 to begin discussion of Short-Term Rentals. Committee members divided up areas to investigate how Short-Term Rentals, if allowed, are regulated throughout the State.
A second meeting of the Ad- Hoc committee will be scheduled in mid-January of 2015.
2. Signage for the Public Golf Course: Commissioner Collins recommended that signage for the golf course is added at two additional locations in the Village. Commissioner Barry will look into this matter.