Planning Commission Special Meeting 4.28.2022

Detailed briefing

Planning Commission Special Meeting — April 28, 2022 ATTENDEES: Commissioners Rick Tarchinsky, Emily DeVay, Bob Toma, George Peep, Bill Mulder, Mark Boudet, Barry Lustgarten and Al Deika were present; Vanessa Warren was absent. • The Planning Commission met specially to consider a resident proposal for a temporary halt on new short-term rental licenses. The commission does not have authority to impose a moratorium; City Council does. • Staff reported that the city issued about 67 short-term-rental licenses in 2021. For 2022, 33 licenses had been granted and 22 applications were still to be processed. Staff said 40 of the 67 licenses issued in 2021 were in single-family residential zoning districts. • The commission heard competing public views. Residents supporting a pause raised neighborhood-character, traffic, parking, garbage, noise, safety and housing-availability concerns. Others said formal complaints were limited, described positive experiences with nearby rentals, and raised concerns about property rights and visitor lodging. • Staff said complaints about specific rental properties were relatively limited. One staff member estimated complaints involving about three properties last year; a police-related report cited eight complaints, including six at the same address. Staff also said the city had recently strengthened enforcement, including a shorter violation process and more flexibility to suspend or revoke licenses. • Staff cautioned that any moratorium must be narrowly drawn, supported by findings related to health, safety or general welfare, and completed quickly. Staff said Michigan courts had not upheld a moratorium lasting longer than six months. • The commission voted 6-1, with one recusal, to recommend that City Council enact a six-month moratorium starting June 1 on issuance of short-term-rental licenses in R-1 and AR districts. Commissioner Mark Boudet recused because he owns a short-term rental in a B-1 district. Bob Toma voted no. Worth watching: • Whether City Council accepts, modifies or declines the Planning Commission recommendation. • Whether the city can document sufficiently specific health, safety and general-welfare findings for a legally defensible temporary restriction. • Whether the city moves up its broader public review of short-term-rental policy if a six-month pause is adopted. Upcoming: City Council was scheduled to consider the recommendation on May 2 at 7 p.m. Why it matters: The recommendation could temporarily limit new residential-area short-term rentals while Harbor Springs evaluates longer-term rules.

No open public follow-ups are linked to this meeting yet.