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VILLAGE OF NORTHPORTPLANNING COMMISSION MEETING

Northport Village Office116 West Nagonaba St., Northport, MI 49670

Wednesday, August 20, 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, Tim Kehl, Chris Verdon, Jim Watson, BenWalraven.Staff: Greg King, Merilee Scripps. Public: 16. He welcomed members of the public, and is looking forward to their input.

II. Agenda: Chair Walraven proposed changes to the agenda. Under VII. – NewBusiness – Move the Public Hearings on Short-Term Rentals to A. and B., Move from VIII. – Old Business – Vending Discussion in Regards to Zoning to New Business – C. and Eco-Village at Highland Property to VII. – New Business D.

The agenda was approved as amended.

III. Approval of Minutes:

A. Minutes of July 16, 2014:

MOVED BY COOK, SECONDED BY COLLINS TO APPROVE THE MINUTES OF JULY 16, 2014 AS PRESENTED. MOTION APPROVED 7-0.

IV. Public Hearing – Special Use Permit for Short Term Rental – Eric Allchin and Ray Kellogg:

MOVED BY BARRY, SUPPORTED BY COOK TO OPEN THE PUBLIC HEARING AT 7:02 P.M. MOTION APPROVED 7-0.

Chair Walraven asked Zoning Administrator King to present his Introduction and Staff Report.

Staff Report:

Zoning Administrator King discussed and explained the process and procedures to be followed in considering a Special Use Application, drawings, and Site-Plan Review for a Short-Term Rental.

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Zoning Administrator King introduced the applicants, Eric Allchin, 110 Nagonaba Street, and Ray Kellogg, 501 Mill Street, Northport, MI 49670, who submitted an application and Site-Plan for a Short-Term Rental on July 18, 2014. The subject property is located at 110 Nagonaba Street, Northport, MI 49670, Parcel # 042-100-012-50, and further described as East 34-feet of Lot 12, lying on the South Side of Nagonaba Street, Village of Northport. The parcel is zoned CR-1 (Commercial Residential). The owner of this parcel is R&T Properties, L.L.C.

Zoning Administrator King provided a detailed review of this property, covering Zoning Ordinance Article 17 – Special Use Applications, including permit procedures, standards, uses requiring a Special Use Permit, and Section 17.04.24 - Specific Requirements – Short-Term Rentals. He also addressed 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.

Article 18 – Site Plan Review 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 (and drawings provided). This parcel has an existing commercial structure on the first floor and a residential apartment on the second floor. The owner’s intent is doing a Short-Term Rental for the apartment.

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.

Section 17.03 – Special Use Permit Standards:

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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 andappropriate 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 and 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.

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

water craft.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.

Applicant’s Comments:

Mr. Kellogg stated that utilities are not yet connected, but they do have a commitment with the gas company to do so. Regarding lighting, it primarily depends on the lighting for Tom’s Market parking lot, which is well lit and situated so it will flow on the short- term rental property. He added that there is a small light on the West side of the property near the tenant’s entrance.

Mr. Kellogg continued that as shown on the drawing, there is a 12-foot wide easement – 6-feet off the Deering property and 6-feet off the Kellogg property, which comes to within 6” of the building. Nothing can be built in that space according to the deed restrictions. The easement will be asphalt as stated in the agreement with Mr. Deering.

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Mr. Kellogg added that the property does get some water from the Deering parking lot that goes right to the corner of the property in question.

Public Comments: There were no public comments from those in attendance.Zoning Administrator King stated that a public notice was published in The Enterprise, and notices were sent to parcels within 300-feet. No written or verbal responses were received.

MOVED BY WATSON, SUPPORTED BY COLLINS TO CLOSE THE PUBLIC HEARING AT 7:24 P.M. MOTION APPROVED 7-0.

Planning Commission Discussion/Comments:

1. Chair Walraven asked how the deck on the back would be used by the tenant, and to ensure the Village Noise Ordinance would be observed. Mr. Allchin stated that this has been discussed, and they are not opposed to language in the lease agreement stating that the deck is not an entertainment area.

2. Commissioner Watson recommended that the lease agreement provide specific regulations regarding the four (4) parking spaces at the back of the building – one designated for the tenant, and three for employees.

3. Commissioner Watson also asked if Mr. Kellogg and Mr. Allchin have had communications with the East side neighbors. Mr. Kellogg responded that he has keep the neighbors, including keeping Mr. Deering regularly informed throughout the process. He added that the neighbors to the East are especially happy, as the deck provides a barrier to the noise of the generator at Tom’s Market.

4. In response to questions on drainage from Mr. Collins, Mr. Kellogg stated that there is a curb from the front of the driveway to the back, stopping just short of the fire exit. There is enough slope from the West and South to keep water flowing past that point, and then flow the other way to where the water will hit the gravel area and drainage field flowing South and East.

5. Chair Walraven asked about back fill. Mr. Kellogg responded that they will back fill the retaining wall and raise the elevation to flatten the lot. Everything stops short of the telephone pole.

6. To clarify questions from Commissioner Barry on parking spaces, Mr. Allchin stated that one (1) space will be a dedicated spot for the tenant, and three (3) will be for the use of employees. No parking spaces are designed for customer use.

7. Trash containers were also discussed. There will be a dumpster in the back with sufficient room to enable trash pick-up. The owners will ensure that tenant trash is disposed of properly.

MOVED BY COLLINS, SUPPORTED BY KEHL TO APPROVE THE SITE PLAN AS PRESENTED.

There was no additional discussion. MOTION APPROVED 7-0.

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Chair Walraven moved the discussion to the Special Use Permit as read by Zoning Administrator King, and provisions of the Conditions and Safeguards to be included in the approval of the Short-Term Rental.

Commissioner Barry suggested that the rental agreement include language on issues of noise. Chair Walraven understands there are rights by the Village to enforce the Noise Ordinance, and to fine up to $500 per occurrence if noise persists. If a citation would be issued it would probably be issued to the property owner – not the renter.

Chair Walraven continued that the property owner might want to construct language in the lease agreement that states, in the event that you are levied a citation, the renter would be responsible for payment. Another option would be to require in the agreement a security deposit to cover such an expense, to be returned at the end of the rental period.

Discussion of Conditions and Safeguards continued with the following to be a part of the approval process.

1. Define the space available for parking.2. Add a reserved parking sign to the tenant’s dedicated parking space. 3. Regulations in the lease agreement stating requirements of the Noise Ordinance

and the 11:00 pm. time limit on noise.4. An Exit/Caution sign at the entrance/exit of the driveway.5. A copy of the rental contract be provided to the Planning Commission, with

names and phone numbers of local contacts for the rental.

Commissioner Verdon asked if the three remaining parking spaces would be identified as employee parking only, with no public parking in that area. Mr. Allchin replied no, but they are looking in to it, and will make the necessary adjustments.

MOVED BY COLLINS, SUPPORTED BY COOK TO APPROVE THE SPECIAL USE PERMIT WITH THE CONDITIONS AND SAFEGUARDS PROVIDED.

There was no additional discussion. MOTION APPROVED 7-0.

V. Public Hearing – Special Use Permit for Short-Term Rental – Anne Harper And Gregory Nobles:

The Public Hearing was opened at 7:42 p.m. Chair Walraven introduced Anne Harper and Gregory Nobles.

Staff Report:

Zoning Administrator King stated that the process and procedures for this Public Hearing are the same as stated for the previous Public Hearing, and follow the same rules and

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regulations of Articles 17 and 18 of the Zoning Ordinance. Those rules and regulations will be discussed as the hearing progresses, but will not be rewritten in the minutes.

The applicants are Anne Harper and Gregory Nobles, P.O. Box 253, Northport, MI 49670, who submitted an application for a Special Use Permit and a Site-Plan for a Short- Term Rental on July 7, 2014. The subject property is located at 213 Fourth Street, Northport, MI 49670, Parcel #042-450-081-00, and further described as West ½ half of Lot 2, and East ½ of Lot 4, East 5-feet of West ½ of Lot 4 or Original plat, lying North of Fourth Street, Village of Northport.

This parcel has an existing residential single family structure with the owner’s intent of doing a Short Term Rental.

NOTE: During this portion of the Public Hearing commissioners will be addressing the requirements of Article 18 – Site Plan Review including Requirements and Regulations, Article 17 – Special Use Permit Standards, including Specific Requirements for Short-Term Rentals.

Applicant’s Comments:

Gregory Nobles thanked the Planning Commission for the opportunity to be here. He pointed out that this is a single-family dwelling, and not solely a short term rental property. He added that they are up here as much as possible, and will now be here until mid-October. In the meantime they have had a number of renters, about six this season, ranging in duration of two to seven days.

He continued that as they receive applications the intent is to look for families and also small wedding groups, with a limit of eight people. He added that a detailed rental agreement is provided at the onset, and then a welcome packet that includes instructions and expectations in using the house.

Mr. Nobles concluded that they operate in good faith, and certainly look forward to being in formal and full compliance with the Zoning Ordinance.

Public Comments:

Zoning Administrator King stated that he had provided to Legals at The Enterprise two separate electronic emails. The Enterprise assumed they were for the same Public Hearing, and the notice for this Public Hearing didn’t get published with the 15-day time period – only printed within last weeks paper. All people within 300-feet were notified well before the 15 days.

Zoning Administrator King feels the Planning Commission can proceed with the Public Hearing as planned.

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1. Fred Steffens, 4th Street stated that while reviewing the Site-Plan and reading the specific requirements he noticed that specific parking for rental use shall be provided on the property. That is one of the conditions to be met before issuing a Special Use Permit. He continued that that property has no off-street parking, and is fenced in to the property line.

2. Don Sheets, 227 E. 4th Street, at the very end of the road, expressed concerns over increasing noise, and use the street end as a beach.

He stated that there is a misconception that the end of the road is a beach. The only beaches in town are Hasserot Beach and the Marina Beach. 4th Street is not a public beach.

Mr. Sheets continued that in the definitions to the original plat it states that the beach can’t be used for anything other than ingress and egress. At the end of 4th Street people should get in the water and get out of the water – and that’s it. Kayaks in the water or going for a swim are fine, but you can’t sunbathe, you can’t picnic, you can’t walk.

Mr. Sheets also read from an advertisement in VRBO (Vacation Rentals by Owner) for the subject property discussed tonight stating “Welcome to our sunny cottage – the beach is 200-yards from the end of our street”, “Sandy public beach on Grand Traverse Bay is only 200-yards and visible from the cottage”. The use of the street end as a beach is becoming a big issue.

He added that noise is also an increasing problem, and though he doesn’t want to call the police, it is an issue. Allowing these Special Uses and Short-Term rentals it is only going to snowball – exasperate; the more Short-Term Rentals, the more problems.

3. Gene Rantz – 3rd Street questioned the meaning of ingress/egress. Mr. Sheets

replied getting in the water – getting out of the water.

Zoning Administrator King responded that street ends have been an issue in the Village of Northport for as long as he has been here. Street ends are supposed to be a street access to the water with certain restrictions. He added that it comes to a point of how badly that access is being abused before action is taken.

Zoning Administrator King continued that the Village of Northport has Street End Ordinances, and adopted Village Charter Ordinances, which carry more strength than zoning. The Village has to apply yearly for permits to maintain all the street end accesses. Short-Term Rentals are one issue, but the issue of street ends is strictly a Village government issue.

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He continued that there is also a question of who owns how far out to the high water mark. People can traverse the Great Lakes across people’s beaches as long as they are out past the high water mark.

4. Mr. Steffens suggested that the Planning Commission think about the fact that 4th Street to Mill Street now has four (4) Short-Term-Rentals, with a potential of up to six (6) in just that two block area. He stated that in the past he has operated Short-Term Rentals, but the density is growing in this R2 single-family dwelling neighborhood.

Regarding citations, Mr. Steffens asked who was in charge of policing and issuing fines. Chair Walraven replied that ordinance enforcement is with the Leelanau County Sheriff’s Department. Zoning Administrator King added that if a person has a serious complaint they can contact the sheriff’s office, who would respond to the call and assess the situation. That falls under the Village Charter Ordinance. Zoning is one thing, but Charter Village Ordinances carry the weight, enforceable by the sheriff’s department. That is the way the ordinance is written.

Karl Wizinski – 4th Street stated that he is not aware of any of the abuses just discussed regarding the street end, and he has had property on 4th Street since 1995. He added that he lives next door to the Harpers, and there is a house between the Sheets and the Harpers. He has heard no noise.

Applicant Response:

Mr. Nobles stated that he shares the confusion between a road end and a beach. Having heard the distinction pointed out by Zoning Administrator King he would be happy to change their rental agreement and instructions to renters to include language stating that the end of the road is for ingress/egress only, and that it is not a public beach. Mr. Nobles added that they are in the process of learning the ropes of the Village, are happy to do so, and to make whatever adjustments are necessary to accommodate the Short-Term Rental regulations.

Chair Walraven stated that Mr. Steffens brings up a good point of the increasing interest in Short-Term Rentals, with probably more to come. He added that we learn from the experiences of granting Short-Term Rentals, and we are all going to have to accept that they aren’t going away. But you cannot have them without the responsibilities that go along with it. One of the key phrases in the ordinance is “…is harmonious with the area”. Once that changes it forces the Planning Commission to make some very touch decisions about pieces of property you have invested in. In continuing the Short-Term Rental process both sides - the rental property owner and the people with legitimate complaints about issues - are going to have to be tolerant, but also responsible so renters know the rules and regulations of the Village, and to prepare them for that. This is not one side against the other. It is our problem in the Village, and we all need to look at it that way and to work it out.

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MOVED BY COOK, SUPPORTED BY VERDON TO CLOSE THE PUBLIC HEARING AT 8:08 P.M.

There was no additional discussion. MOTION APPROVED 7-0.

Discussion/Comment – Planning Commission:

Commissioner Collins asked for the number of people allowed for a rental. Mr. Nobles responded that the house has four bedrooms, three baths, and room for eight renters, some of whom could be children.

Commissioner Watson asked if there was an on-site manager for the property when they were away who would feel empowered to correct issues that came up, such as angle parking. Mr. Nobles responded that he has an arrangement with the neighbors, and they would feel empowered to try. Mr. Nobles stated again they would add additional language to the rental agreement, which renters sign, and/or require a security deposit to cover a violation or citation should it occur. Mr. Nobles added that this has been a very useful meeting to hear some of the issues that have come up – not just in their case, but the previous case.

Commissioner Verdon asked is there was parking along the side of the house, and if that was their driveway (in the drawing). Response: No. The only parking that exists is in the front of the house on the street, on their property.

Commissioner Barry asked if the vacant property to the West was their property, and the response was no it wasn’t. The lot is narrow – 55-feet wide.

Commissioner Verdon asked if there is language in the lease restricting the number of cars allowed at the rental. Response: Not in the past, but shall be in the future.

Chair Walraven asked how many cars can be perpendicularly parked on your property. Mr. Nobles indicated three, and that they could stipulate that no recreational vehicles are allowed.

Chair Walraven asked if they would be amenable to changing the wording in advertisements to clarify that there was no beach at the 4th Street road end. Mr. Nobles stated that language would be removed from the advertisements.

Commissioner Verdon asked and how much room was between the house and the fence on the West side. Anne Harper responded that the fence goes around the house, and there would be 20-25-feet if they removed a beautiful, old birch tree. They would rather not remove the tree.

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Chair Walraven stated that if he understands correctly you could get three cars across the front of your property if parked perpendicular even if it’s on the street. Mr. Nobles said yes.

Commissioner Cook added that if we do the math; there is an eight-foot Road Right-of-Way from the pavement edge. Zoning Administrator King stated it’s a 66-foot Right-of- Way, with maybe 20-feet of pavement, so there is a grass area that is probably part of the Right-of-Way, but off the road way in front of this house.

Commissioner Watson asked Commissioner Cook if there would be a problem with getting fire equipment in there. Commissioner Cook responded no, not really, they are not blocking the road. It would be matter of legality, part of being in the road Right-of- Way, which is up to the Village.

Chair Walraven stated that he doesn’t know how diligently we are enforcing that up and down the street. We don’t want to be inconsistent. Commissioner Barry added that they have the same problems in the Township at Cherry Homes with easements.

Zoning Administrator King added that over the years, as roads get paved, they are never centered with the driveways.

Commissioner Barry continued that if it’s a matter of parking and if easement aren’t being enforced because of locating placement, and if the cars don’t sit out in the roadway, specifically the black topped area, and if we limit the parking as we have done in other cases based on the occupancy, and the Planning Commission is trying to be consistent then …

Chair Walraven stated that the applicant is getting the flavor of the commissions concern – parking, noise and access representing it as a beach when it is not. He added that the Planning Commission doesn’t employ the same standards for Short-Term Rental that the Village employs for businesses.

Zoning Administrator King added that the uniqueness of Short-Term Rentals is they are often located in residential areas. We work to try to solve issues of parking, access and other situations, while, hopefully, accommodating, and getting renters to accommodate. Commissioner Barry added that what we try to do is allow enough parking based on the space, but not to encumber the neighbors.

Commissioner Collins asked if there would be room for a boat on the East side if you removed part of the fence. Ms. Harper replied the fence had been up since the home was renovated in 2007. Mr. Nobles added that they don’t encourage boats, but allow kayaks. He continued that whatever language needs to be added to the rental agreement they are willing to add. We really seek some extra guidance here.

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Mr. Nobles stated that they purchased the property in May of 2012. He pointed out that part of the purchase agreement was that there were renters lined up for the summer, and they had to take the renters to get the house.

Zoning Administrator King added that Mr. Nobles asked if the previous renters had a Short-Term Rental agreement, which had never been applied for

Commissioner Verdon asked about removal of the rocks. That would not be possible because they are part of the drainage. She continued that in essence there are only two adequate spaces for vehicles. Chair Walraven indicated three. Chair Verdon replied that three would be pushing it. You can’t do vertical parking there; the backs of the vehicles would be… Chair Walraven said the backs of the vehicles would still be on the grassy area, but it would be on the public Right-of-Way. That’s the discussion.

Discussion of Conditions and Safeguards:

Parking: Commissioner Cook stated that the Planning Commission take the applicants at their word, that they have gotten three cars in there at an angle, and don’t feel they are impeding on the pavement part of the road. Commissioner Kehl agreed.

Commissioner Watson suggested that the language reflect that three (3) is the space limitation and therefore to allow three vehicles, with no recreational vehicles.

Commissioner Kehl added that the vehicles remain physically off the paved part of the road, even though it is still in the road Right-of-Way.

Trash pick-up and noise were also discussed.

Conditions of Approval:

1. Three 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.4. No trailer able watercraft allowed on the property.5. Clarification of access rights to the street end.6. Name of contact person on file, with a copy of the newly revised contract.

Chair Walraven stated that when the applicants deliver a copy of the contract to the Planning Commission, they also provide the name of the contact person.

MOVED BY COLLINS, SUPPORTED BY WATSON TO APPROVE THE SPECIAL USE PERMIT WITH THE CONDITIONS AND SAFEGUARDS PROVIDED

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There was no additional discussion. MOTION APPROVED 7-0.

Return to Regular Meeting.

V. Open Forum:

1. Gene Rantz, 3rd Street emphasized the severity of the noise problem and the violations of the Noise Ordinance that now exists in the Village, with no repercussions towards those causing the problem. Short-Term Rental owners should require a large security deposit in the event a citation is issued.

He asked Zoning Administrator King if a Noise Ordinance citation has ever been issued in the Village, and what the criteria was in issuing a citation.

Mr. Rantz also referred to a letter recently sent to the Planning Commission, which was signed by several member of the public stating repeated violations of the Village Noise Ordinance, the lack of enforcement of the ordinance, and asking that the matter be given urgent attention.

Zoning Administrator King stated that this matter will be addressed by the Village Council at its September 4, 2014 meeting.

Chair Walraven stated that by the Planning Commission being aware of these issues it can apply some of these principles going forward when approving Special Use Permits.

2. John Webber – South Shore Drive stated that he has sat in on several Special Use Permit Public Hearings regarding Short-Term Rentals, and has heard many of the same questions coming from the Planning Commission. He suggested, to same time, those general questions be part of the request documentation.

VI. Correspondence: None.

VII. New Business:

a. Short-Term Rental (Publication/Notification in Enterprise): Zoning Administrator discussed this as part of the Harper/Nobles Public Hearing.

b. Public Hearing/Next Planning Commission Meeting: A Public Hearing for a Short-Term Rental is scheduled for September 17, 2014.

He also discussed a process for informing the public on the need for a Public Hearing before operation a short-term rental in their home.

c. Vending Discussion Regarding Zoning: Commissioner Watson opened the discussion stating that in the past the Planning Commission has discussed

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vending policies on public and private property. At the last commission meeting Commissioner Watson presented a document he thought might be presented to the Village Council regarding the current vending policies, and asking if there was interest by the council in making any revisions.

He continued that he and Commissioner Verdon, as members of a Planning Commission sub-committee, have looked at the vending policy and have prepared ideas for the Village Council to consider in the future. However, in mentioning this to someone on the Village Council it was suggested that this not be something presented to the council as coming from the Planning Commission, but instead presented as a private citizen. He asked commissioners how they would like to proceed.

Commission Watson continued that the other issue has to do with vending on private property in the Core Commercial district.

A lengthy discussion followed. Chair Walraven stated that this topic is outside of the Planning Commission’s purview. He doesn’t have a problem with the Planning Commission going to the Village Council if it doesn’t go outside the general intent of the existing ordinance. If it requires a whole other set of language that expands and complicates the managing of the ordinance then, to him, it becomes unenforceable.

Zoning Administrator King added that in a conversation with Sarah Lucas they discussed Traverse City, where vending is allowed through zoning, but only in the Core Commercial, not in residential areas.

Chair Walraven continued that this is outside of the responsibility of the Planning Commission unless it plans to do something with specific zoning in the Zoning Ordinance – not otherwise.

Zoning Administrator King added that the whole vending issue got confusing when we tried to figure out whose responsibility it is. He suggested the Planning Commission start continue thinking about this, and how to approach it.

Commissioner Watson asked if they should go as a private citizens to the Village Council to discuss the policy of no vending or not go at all?

Chair Walraven responded that that is a public issue, and a private citizen would have to make that decision. Commissioner Watson stated he is asking if the Planning Commission would prefer he do it that way. Chair Walraven indicated that he didn’t want the Planning Commission to deal with the rewording of the ordinance.

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Commissioner Verdon suggested that they wait until November to see what happens.

In conclusion Zoning Administrator King stated that Mr. Webber has been using Mr. Wizinski’s property, and no one had indicated he couldn’t do that. This is an issue, and we have to deal with it and figure it out.

Chair Verdon added that we’ll let the ballot box decide.

d. Eco-Village at Highland Property: Gary and Sandy Woodcock were before the Planning Commission to provide a basic presentation on plans they are exploring for a multigenerational community of approximately 150 residents, dedicated to sharing, caring, and wellness. Mr. Woodcock continued that the concept is for an environmental, sustainable cooperative housing community. There are several in Michigan, and all are doing very well.

This project is in the very early stages of consideration, and they wanted input and guidance from the Planning Commission on how the Northport community might react to the idea.

The proposed location for this project would be the unused portions of The Highlands, with whom they have a secured option with no contingency for a six-month period of time to obtain funding, through potential investors and crowd funding. He added that this would be a not-for-profit organization, but under the umbrella of Eco-Village North, with an LLC.

In response to a question from Chair Walraven, Mr. Woodcock responded that he was looking for guidance, and how to speak about the project to the general public.

A general questions and answer period followed. More information will be provided as the project moves forward.

Commissioner Verdon stated that she and Commissioner Watson had attended an initial presentation to discuss ideas and how to move forward.

Chair Walraven thank the Woodcock’s for the good information. He added that if the project had the needed funding, and if they could execute it he thought, personally, it could be good for Northport.

VIII. Old Business: None.IX. Other Business: None.

X. Motion to Adjourn:

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MOVED BY BARRY, SUPPORTED BY KING COOK TO ADJOURN THE MEETING. MOTION APPROVED 7-0.

The meeting was adjourned at 9:28 p.m.

Respectively submitted by Merilee Scripps, Recording Secretary

The next Planning Commission meeting is scheduled for Wednesday, September 17, 2014.

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