VILLAGE OF ELK RAPIDS PLANNING COMMISSION AGENDA

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1 VILLAGE OF ELK RAPIDS PLANNING COMMISSION AGENDA PLANNING COMMISSION REGULAR MEETING TUESDAY, MAY 26, 2020 DIRECTLY FOLLOWING WORKSHOP HELD REMOTELY VIA ZOOM PLATFORM 1. CALL TO ORDER: a. PLEDGE OF ALLEGIANCE: Led by Ragland b. ROLL CALL: Royce Ragland Kim Ranger Lauren Dake Richard Smith Barb Mullaly Wallace Hibbard Matt Conrad 2. APPROVAL OF AGENDA: Motion by, 2 nd by (Voice Vote) 3. MINUTES: a. Approval of Minutes Rescheduled Planning Commission meeting May 5, Motion by, 2 nd by (Voice Vote) 4. CONFLICT OF INTEREST: Any Commission member who believes that he or she has a conflict of interest regarding any item on this agenda, shall so state that conflict at this time. Does any member believe they have a conflict of interest regarding any item on this agenda? 5. PUBLIC HEARING: None. 6. CITIZEN COMMENTS: Any Citizen who wishes to address the Planning Commission on matters listed on the agenda will be permitted to speak when the matter is brought before the Commission. The Planning Commission Chair should recognize the citizen before speaking. A five-minute limitation applies unless extended by the Chair. Does any citizen wish to address the Planning Commission on a matter not listed on this Agenda? 7. NEW BUSINESS: a. Election of Officers - Election of Chair. - Election of Vice-Chair. - Appointment of a representative to the Zoning Board of Appeals. Page 1 of 2

2 VILLAGE OF ELK RAPIDS PLANNING COMMISSION 8. UNFINISHED BUSINESS: a. Short Term Rentals - Scheduled for June 23, b. 106 Oak Street B & B - Item being reviewed by attorney. 9. CORRESPONDENCE 10. CALENDER REVIEW: Next Scheduled Planning Commission Meeting June 23, 2020 at 7:00 P.M. tentatively via Remote Access Zoom platform. 11. CITIZEN COMMENTS: Any Citizen who wishes to address the Planning Commission on a matter not listed on this agenda may speak at this time. Short Term Rental comments will be taken during work session comment period. 12. ADJOURNMENT. Motion, 2 nd by. (Voice Vote) Page 2 of 2

3 MEMBERS OF THE PUBLIC: Please see the attached instructions for participating electronically in this meeting. The Village will be using Zoom webinar to conduct meetings until the state s Stay Home/Stay Safe order is lifted. Please read all instructions before joining the meeting. Before the start of the meeting 1. Zoom virtual meeting will start 30 minutes before the posted meeting start time 2. All participants will be placed in a virtual waiting room until the meeting moderator (Host) starts the virtual meeting 3. Video/Audio Settings a. Planning Commission members and village staff will be unmuted immediately (by the meeting moderator) upon joining the meeting b. Meeting attendees will have their video turned off and we will not see their faces. c. The meeting moderator is the only person who is able to unmute meeting participants during the meeting 4. Information you need to know: a. Recorded Meeting: This meeting is being recorded b. Public Participants: All meeting participant s audio will be muted and their individual video broadcast will be turned off when they join the virtual meeting. c. Violations: According to the Attorney General, disruptive behavior maybe be subject to criminal charges under MCL and MCL Disruptive behavior may result in being muted, being returned to the waiting room, or being removed from the meeting. d. Public Comments: i. The chair will announce that we have reached public comment. ii. Participants wishing to speak will raise their hand iii. The chair will greet the person, ask them to state their first/last name, home address and limit their comments to 3 minutes iv. The moderator will unmute them v. After their comments have been concluded, the moderator will mute the participant NOTE: We will complete steps 2-5 until all public comments have been heard. After the meeting adjourns 1. Meeting Moderator will save the meeting recording How the public can participant in the meeting Virtual meeting link is included with agenda materials (below) Options to join o o Click on meeting link - no need to setup a FREE Zoom account Use Zoom app or web site only need meeting ID and password Topic: Village Council/Planning Commission Workshop When: May 26, :00 PM Eastern Time (US and Canada) Please copy and paste the link below into your browser to join the webinar: Password:

4 Or iphone one-tap: US: ,, # or ,, # Or Telephone: Dial (for higher quality, dial a number based on your current location): US: or or or or or Webinar ID: International numbers available: Zoom webinar functions best from a personal computer or tablet. For cell phone users, *9 allows you to raise your hand, *6 toggles mute Please join about 15 minutes early to assist the village in this new endeavor and please be patient. We anticipate growing pains with this process. HEARING IMPAIRED: FOR THOSE REQUIRING ASSISTANCE, PLEASE NOTIFY THE VILLAGE NO LATER THAN MONDAY, MAY 4 SO THAT WE CAN NOTIFY YOU AS TO HOW TO ACCESS THIS ASSISTANCE.

5 Village of Elk Rapids Planning Commission Special Meeting Minutes May 5, 2020 at 7 P.M. Held Remotely Via Zoom Platform 1. CALL TO ORDER Chair Royce Ragland a. PLEDGE OF ALLEGIANCE: Led by Ragland. b. ROLL CALL: Present: Royce Ragland, Jim Okonoski, Barb Mullaly, Matt Conrad, Wally Hibbard and Richard Smith Excused: Lauren Dake Staff: Assistant Manager/Clerk Caroline Kennedy, Village Manager William Cooper, Planning and Zoning Admin Kyle Storey Citizens: APPROVAL OF AGENDA: Motion: Okonoski, Second: Hibbard. By unanimous consent, Motion Carried. 3. MINUTES of February 25, 2020: Motion: Hibbard, Second: Mullaly. By unanimous consent, Motion Carried. 4. CONFLICT OF INTEREST: Matt Conrad Short Term Rental owner. 5. CITIZEN COMMENTS: Nine citizens spoke including: slowing STR process/appointing task force; not be rush/set up work group; more data for packets; publish data for reasoning behind STR ordinance/asked why other entities haven t been included in STR discussion; discussed a survey given and that STRs were of no big concern ; year-round resident and support the STR ordinance; more STR data on number of complaints and current STR legislation being worked on in Lansing; inquiry about 106 Oak and suggested a temporary No Parking sign be placed at end of street; when will more STR data will be shared. 6. PUBLIC HEARING: None. 7. NEW BUSINESS: a. Planning Commission Report Planning and Zoning Administrator gave presentation about the previous years Zoning activities which included a detailed report outlining the months of May 2019-April Mullaly recommended synthesizing information in report down when submitted to Council for review. b. Redevelopment Ready Communities Presentation Planning and Zoning Administrator gave presentation about the current status of the Redevelopment Ready Communities Certification. Storey stated the Village is well on the way towards certification and collaboration between different entities is needed to complete the certification process. Page 1 of 2

6 8. UNFINISHED BUSINESS: a. 106 Oak Street B&B Assistant Manager Kennedy stated this item is being reviewed by attorney. b. Short Term Rentals Chair Ragland went over the draft ordinance #502 line by line corresponding with subsequent rationale provided by Village Staff. Planning Commission members discussed definitions including the distinction between personal and business units, attrition and saturation specifications. Stricken language and additional language agreed upon by Commission will be updated by staff for next draft. 9. CORRESPONDENCE: Received. 10. REPORTS: Spring Clean-Up scheduled for Saturday, May 16 th. a. Planning and Zoning Administrator Updates already given include Redevelopment Ready Communities progress as well as Planning Commission Annual Report. b. Council Representative Mullaly: The Council has been discussing plans for reopening the Village. Reported about DDA budget spending approval for assisting downtown businesses affected by Covid-19. Attended a webinar for Host Compliance pertaining to Short-Term Rentals and restrictions due to Covid-19. c. ZBA Representative None. d. Green ER Ragland: Everything put on hold due to Covid-19 pandemic. 11. CALENDAR REVIEW: The next Planning Commission meeting is Tuesday, May 26, 2020, immediately following joint Planning Commission/Village Council workshop. 12. AGENDA ITEMS FOR NEXT MEETING: a. Short-Term Rental ordinance draft. b. Public Hearing Hertler Investments, LLC. 13. ADJOURNMENT: Chair Ragland adjourned the meeting at 9:36 p.m. Page 2 of 2

7 From: To: Cc: Dave Vaughn Barb Mullaly; Kyle Storey; Subject: Village of Elk Rapids proposed Ordinance #502 Date: Monday, May 18, :35:22 PM Dear Sir / Madam, My name is David Vaughn. My wife Cathy and I have lived for the past twenty two years in Dorr, MI. Dorr was a small farm community, approximately fifteen miles south of Grand Rapids, which is gradually transitioning from farm land to residential development. Definitely not a vacation destination, but an area of abundant growing pains. We do not own property in Elk Rapids, but we do rent in the village and I m writing in regard to the Village of Elk Rapids proposed Ordinance #502 as related to short term rental properties. Our family has spent at least one week in Elk Rapids (Miller s Park to be precise) annually for twenty years or so. Short timers compared to many. Our visits to your community are a family ritual which we hope can continue. We show up every July (some years also in September), not wishing Elk Rapids were different, but grateful it exists as it does. We have seen little of the perceived issues that now drive Ordinance #502 and to the best of our knowledge most transients (as we are labeled in the planning commission annual report) show an abiding respect for your community values and it s overall wellbeing, including their respective landlords. You ve marketed yourselves as an idyllic summer vacation destination and believe me, justifiably so. Marketing of Elk Rapids as an idyllic place to call home isn t quite as prominent, but we ve often wondered what life would be like to live there year round, ever cognizant of the fact that the sidewalks are pretty much rolled up after Labor Day and winters look to be tough. Guess you can t have you cake and eat it too. So we still wonder. I have read through proposed Ordinance #502 and along with the many consult lawyer highlights it appears to be kind of heavy handed. Reading it gave me the same gut reaction I experienced to the recent statewide stay at home and school closing orders. My first questions regarding the state orders were...can they actually do that? Should they have the authority to do that? And lastly, is this the path which is best? The answer to the first question has been glaringly evident. The answer to the second I find debatable and the jury is still way, way out on the last. What does any of that have to do with short term rentals in Elk Rapids? Do things change?...of course they do. You have a duty to fulfill and I don t envy the challenges that lay ahead for you or your eventual successors. It s an important work, but I doubt the situation you look around and find yourselves in now happened overnight. A situation long time in the making may call for an equivalent time to amend. Perform your duties and by all means, fix what s broken, but please consider that one person s broken may be another s blessing (or advantage) and vice/versa. It all depends on how it s perceived, and determining truth through personal perception is a slippery slope at best. Just asking that you don t act in haste. Just asking that you do not saddle long-standing rental property owners with overreaching scrutiny and costs that I perceive (that pesky perception thing again) would result from having to comply with the ordinance as its written. Those costs would eventually be passed along to renters like myself, but more importantly, that which we have been blessed to be able to experience for the past twenty years could be legislated out of existence. Am I being overly dramatic? Maybe, maybe not. I just don t want that to happen and I doubt you do either. You could do a lot

8 worse than have us hang around for a week or two every year. There s a fine line that divides what s best for the village and respect for individual landowners rights. If there s a mistake to be made, err towards the rights of the latter. Does that mean that all residential property be treated the same? No. The concept of grandfathering comes to mind. If someone wishes to purchase property in Elk Rapids, make them aware of possible restrictions and then, at the least, they will have the opportunity to decide whether they wish to participate or not. Sounds simple enough, but I suppose it s not. All I m saying is, don t by blanket decree punish the guy renting to vacationers in order to hang onto property thats been family owned, possibly for decades. The guy that pays substantial property taxes and offers a service to those looking for lodging, those lodgers who in turn, eat in your restaurants, buy groceries, clothing and souvenirs in your stores, boat on your waters, and the list goes on and on. Would you not want that consideration if you were that person? Thank you for your time. Respectfully, David Vaughn 1829 Apollo Ct. Dorr, MI (616) Sent from my ipad

9 From: To: Subject: Date: Janet Pariseau-Ramoie vllgclerk Short Term Rentals Monday, March 9, :37:07 PM Caroline, My name is Janet Ramoie. My husband Ron and I have owned 110 Elm St. since about We purchased the house to move my aging parents closer, and after they passed we rented it to the same people for 21 years. All the while having to personally chip in to pay our mortgage because these people couldn t afford any more than the government would pay for them. I admit I felt sorry for them and allowed them to stay on year after year, never knowing what care they were giving to our place. After we got it literally dumped' in our lap in 2018 my husband single handedly gutted and refreshed the inside and outside and we started to airbnb it to recoup our massive loss. We were shocked to find out about the Villages' plan to restrict the use of our property. Our plan is to semi retire there and open up a shop just like I have run for 15 years in Traverse City. If these restrictions go through, our chances of accomplishing that are little to none because we still need the income that being able to short term rent our property can give us. I am writing this with lots of emotion and not much forethought on what we all could do to compromise. It sounds as if this issue has been run through very fast, in a time of year where some of the owners are not even around to pay attention. I would like to respectfully ask for this process to slow down enough for thoughtful discussion to take place between the home owners affected by this and the commissions and councils involved. We, and many business owners I know, believe wholeheartedly that this is good for the economy of Elk Rapids. Each one of my rentals spend anywhere from $ a stay right here in Elk Rapids. We have already rented four times this winter to people who come to ski. They always ask, and I always tell them where to go eat, shop, etc. There should be no restrictions on the number of them on a street. I can look out our window and see three or four of them! There should be no restrictions for amount of days rented. Some people can only get away for a weekend because of kids, or work. There should not be inspections. Regular home owners don t have to have them. I am upset that if we pass this to our children, or potentially have to sell, that the short term option is gone for them. I do not disagree with licensing, but it should be $50/year. I haven t sifted through the proposed ordinance that looks a lot like what Charlevoix spent years writing, but I am pretty sure that you already have rules in place for noise, parking, fires etc., and I am not aware of any violations our property has had, nor the neighboring STR s. I think the naysayers of this are just people who think this is changing the character of their town. Short term rental people are better behaved than most of us who own our homes. They have to follow our rules to stay. If people only knew how airbnb and Vrbo worked, and that there were all sorts of checks and balances for owners ands renters to follow, they wouldn t be so scared of it. If we as hosts didn t run a tight ship, we would get negative reviews, and no one would rent our places. It is self policing and does not need another entity to police us.

10 So to that end, I am only asking right now if we can postpone any voting of commissions or councils in order to encourage both sides to engage in thoughtful compromise. I hope that you agree and will have meaningful discussions with the people that matter. Appreciatively, Janet Pariseau-Ramoie REclecTia Seeker & Seller shop cell

11 We are Deborah and Dana Robinson. We have a home at 211 Ottawa, operating as a STR business unit. Although in favor of some regulation, registration and licensing we do have a few concerns with some of the ordinances being proposed. One concern is the restrictive licensing. We have had our home rented for the past 12 years. Many of our cliental are repeat customers some have been with us for the entire time. To date we have 7 weeks rented by these same tenants. How can I reassure them, they can reserve for the following year, the similar weeks they have had in the past, if we may be unable to obtain a license year to year. As a business, we feel shut down in a sense, not being able to operate as a good, dependable business. As folks plan ahead for time off, arrange travel plans and are guaranteed a place to go, we feel it important to grant a renewal for license if no violations have been filed, sooner than the start of the next year. We also don t agree with the penalty for violations. Line 192 claims to suspend the owner for up to 15 days after the Enforcement officer finds a violation, which may have been caused by the behavior of the tenant. The owner/agent should first be able to correct such violation, before the next tenant has to cancel their vacation plans due to something that took place prior to their arrival. This is not a good way to operate a business, unfair to both owner and customers. A warning, verbal or written, with a chance to correct and possibly a fine would be more reasonable to mandate a first violation. Cost of the Enforcement officer. There are not that many problems to pay for a new costly position. Again the owner/agent should be contacted first, having a two hour window to resolve any issues. All contact information will be supplied to neighbors, Village website upon registration. Lets look at the first year of selfregulating and if problematic, revisit the following year. We also feel that complaints should be examined, whereas, no complaint is acted upon unless there is undeniable evidence. Falsification of a complaint should result in a civil infraction issued to the person making an unjustifiable claim against a property owner. Any person filing a complaint should submit name and address as well. There should be some protection for the owners with regards to this.

12 Line 42: To keep consistency among all STR s we suggest the Village write the ordinances in a similar way as that of East Bay Township. They have composed a Good Neighbor Brochure, a very professional and concise reminder to tenants with appropriate information, local resources for contact and ordinances on noise, parking, pets, trash and fireworks. This way, a very specific, call to attention would be spelled out in a consistent way to all renters. An owner can then supply the residence with any other information, places to go, sights to see, what to do in the area, etc. in their own way. Fees, Line 174. With application for license and registration fees costing specific amount yet to be disclosed; we will also be charged additional fees for various costs unknown from time to time. Shouldn t the registration and license fees cover many of these issues. Inspections, Line 178. We have an insurance policy for rentals. They have inspected our home for safety and specific code compliance. Perhaps this can be submitted for approval in lieu of costly other inspections proposed. We are in favor of all other ordinances being proposed, with respect to occupancy, safety standards. Our Village is in a unique situation, where other townships have adopted and written ordinances, beyond the scope of need. Perhaps if we pause for the season, observe what works and what doesn t for these townships, we will have saved a lot of grief over this process. Then we can focus our intent where necessary. Thank you for your time, Deborah and Dana Robinson

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