Planning Commission - Regular Meeting

of commission. Call the Commissioner Adams, Commissioner Bell, Commissioner Haynes, present. Commissioner Henry, Commissioner Hensel, present. Commissioner Marshall, Manager Little here. Mayor Muhammed, Chairman Reid, you have a quorum. At this time, I would like to give a motion for approval of the agenda. If there are no changes for additions, I move we adopt the agenda as written.

Motion is made by Commissioner and supported by Commissioner Marsh. Commissioner Haynes present. Yes. Commissioner Henry, yes. Commissioner Hensel, yes. Commissioner Marshall, yes. Manager Little, yes. Chairman Reed, yes. Motion carried. We need a motion of approval for the February 3rd meeting. If there are no changes or addition to be made, can I get a motion for the approval of the minutes?

Motion is made by Alex. Alex, I'm trying to figure out what hat to put on you today. We get support for the motion.

Commissioner Haynes, yes. Commissioner Henry, yes. Commissioner Hensel, yes. Commissioner Marshall, yes. Manager Little, yes. Chairman Reid, yes. Motion carried. At this time, I would like to open the meeting up for public comments. Please keep your comments to three minutes.

Hearing none, I'll close the public comment session. At this time, we would like to introduce the new business. We're going to have a public hearing today. We'll have a hear public hearing today for a special use permit at 600 territorial. The ID is 11-54-7580-000029-00009. And that application is will be for a bed and breakfast. Do we have the um staff report on that request?

We do. It's all right here on the papers that are printed out. Um everything that I've received from them are

What's that? At this time, I would like to open the public hearing for this question. Sorry again. Um, yep. Everything that she has uh turned in has met ordinances on our end uh through the city. And then um she would also like to go over with you what she's proposing. is positive indicate that there are supporting the spreadsheet. We have the

make a presentation. Sure. Sit here at the table. Okay.

Yeah. Do you want to sit, please? Hi. Hi. I'm Kendra and this is my son Braden.

Hi. Uh we bought the old mayor's house um December of 2024 and um we've been working on it for almost a year and a half now and it's starting to wrap up and we've got a couple more things to do but we would love to have a bed and breakfast and we will be living on site. Um, we'll be providing a conventional breakfast. So, simple things like oatmeal, cereal, and we'll just be um catering to guests. So, yeah, I just can't wait to share this with everyone. We really put so much work into this house and I think it makes it more exciting to share like what we've done.

So, these are some of the before and after pictures which I can pass around so you guys can take a look at them. Yeah. And I haven't met you in person yet, Alex, but I've talked to you on the phone plenty of times for the benefit of the public. Yeah. Are you going to be living in the house full time? Yes. Nope. That's our house.

It's been really complicated living there while working on it, too. So, yeah. Yes, it's been a lot. It's finally coming together, so we can enjoy it a little bit. And Kendra is a local realtor here as well, so she knows the market well is in love with the arts district and what it's doing there. Her house is right up the hill from the Morton house, so it's great location for this. And this is my boyfriend. He's he's my helper today. Thank you.

Additional comments have a question. Yeah. On the last page. Yes. Yes. That you're going to do some modifications or Oh, yes. Yeah. Yeah. Yeah. So, if you look to the right of that, it says I would like to have a fence. Um, so I'm not doing anything to the structure. I'll just be adding a 4ft fence around the backyard

or whatever the city allows. Yeah, I think they allow 4 foot since I've got two front yards kind of because I'm on the corner lot. So, um and then I'm also proposing to hopefully have something that marks the property showing that it is the mayor's house bed and breakfast. And I'm not sure if we're going to be able to put a small sign or just a small plaque on the home. I would be okay with either. Um and it's up to you guys, I think. But um yeah, whatever. Something like that plaque on that picture of the plaque on the top of the board there. Yeah, this right here. Yep.

Yeah. So, that's the logo and we were thinking of having a sign like that, but if not, we would just ask to have a small plaque so that people know where they're at. I mean, they'll probably be able tell by the house, but one other thing. Uh, I think you can hear me at any rate. Uh at the B bread and breakfast, will there be uh extended stay or just overnight stay?

Um anywhere from one to any amount of time really. Yeah. I mean, I I'd probably like to have my house back in between more often. So, I'm thinking it's going to be more short terms that we can live there like upstairs because there's going to be almost like a separation where I'm going to be a separate part of the house and I won't have access to the full house while they're staying there. So, I will like to have access to most of my house some of the time. And with bed and breakfast, it's pretty typical for people to come in and stay the weekend or stay for a week while they're visiting family. Mhm. So the extended stay would be

the extended stay would be no more than a week typically. I mean if somebody wants to stay two weeks I won't be it's just it's just not super common. Yeah I know. Yeah. Yep. I'll also have rules where there won't be parties anything like that. No.

Yeah. No, nothing too crazy happening. Um I would like to have a small communal space where they can grill out and um you know, relax, but it's not going to be able to stay any more than I believe 8 to 10 people is what we decided, but we're still talking about that. And then to go back on the stay, uh no more than 10 days. Oh, okay. That's also an ordinance. Oh, okay. Say that again. No more than 10 days. you can stay at a bed and breakfast. Okay. So, when we advertise it, we'll put in there maximum 10 days stay and then also to before we go away from the sign.

So, in the ordinance for bed and breakfast, it is not permitted to have a sign at all. That's where I come in and agree with her at least a plaque or something that gives that house you're at the right address. you know, give them an opportunity to uh provide that people can see where it's at. But in the ordinance, it does say there's no sign permitted for a bed and breakfast. A plaque, maybe a plaque that is um identifying that as mayor, the mayor Rhino's house and the dates he was mayor. So there's and more or less aformational piece. Um, then you're you're

draw the history of it. Sharing that history on the sign would be really cool. That way I mean it says mayor, but it's also informational for people who are interested in the neighborhood's history and the city. Okay. So, would that be something that would be on the house because no one really gets that close to the house or would that be like a a plaque that would be near the sidewalk? Now you're thinking of a plaque like on like at the house. Yeah. Kind of like the Morton house they have a plaque that you walk by. Would you want something like that? Beautiful piece or

I mean I'm okay with it long as we stay out of the rideways, public rightways. I think we're more concerned about the size of the plaque. Mhm. Would it be in keeping with those existing plaques as far as the size goes? The Morton House is really big. Actually, we would probably be a lot smaller than the Morton House sign. Yeah, probably wouldn't go as big as that. Um, what was your what were you uh what was the size of that one?

So, this one uh Oh, I have it right here. Um, so this is what the sign I was proposing would look like. But if we're going to do more of anformational like the mayor uh Rhino that stayed here and there was one other uh mayor that stayed at the house, it could be just oh three. That's so cool. So I could just give information about those three on the plaque and then also put something in there. uh bed and breakfast the mayor's house. Um but I do have the sign measurements in this paperwork somewhere. I'm not sure which uh where we put it. Justin, do you know where we put the measurements? I could have sworn it was on that uh it was a drawing with the on the square tiles, remember? So, I don't think we have it in here. It was on the back. So, it looks like you guys might not have it, but I can provide that.

It's probably something like a 24 by 18 similar to a yard sign. Yeah, it was pretty uh small, especially compared to the Morton House sign because that one was pretty big. Um, but yeah, I was thinking something along the lines of this, like a wooden uh old Victorian style sign. Um, but if you want it to be like anformational historical thing, I love that idea, too. That'd be really cool.

It would be. Yeah. Would your guests be able to come and go as they please or do you have uh rules and regulations about their coming and going? Um, no. I'll be on site. So, um, as long as they're keeping things quiet, I don't mind if they're coming in at 10:00 or 11:00. As long as they're not disturbing, uh, me or my son or the neighborhood, I'm okay. Any additional questions? Yes.

When it comes to the time frame, I know you said 10day stay. Um what is like the renewal in between? You know like let's say for an example if someone comes they stay the full 10 days and the 10 days are up um with the following day would they be able to go ahead and just ask for additional 10 days? Would it have to be 30 days later 15 days later or something like that? I know it's not common but um that's not specific in ordinance. So that'd be something we could also talk about right now

but that all they give is the 10 days. How do you go about procuring your guests? Do you advertise? Are you part of a u um organization or group that provides um tenants or visitors?

Well, I'm going to have I'll have a website and I'll be advertising through places like Facebook. Um, I believe that I could even advertise on places like Airbnb just because it's going to be a short-term stay, but it will be clarified with all the rules that this is a bed and breakfast and that there are rules and guidelines that they have to follow.

Yep. Airbnb has separation for like short-term stays. They have experiences on there now where you can like go and book an experience like uh like a guided kayak tour. Um so this would fall into a separate category with Airbnbs, not your traditional short-term rental. One of our concerns is that we have um a large number of applicants for um short-term rentals. And we wanted to make sure that the community understood the difference between a short-term and a bed and breakfast. Yes.

Uh you're going to be on site whereas opposed the others may or may not be. So, we wanted to make sure that that was part of your advertising. We're not saying you have to do that, but that is something that we would like for our potential guests to be aware of upfront. I 100% agree. Yep. That is the biggest difference I see too is that it will not be an investment that I uh hand off like a hotel room. It's going to be somewhere that my son and I live and we will be catering to the guests and meeting the guests when they get there.

I'll try I'll try. It doesn't seem to be working. It's working. Okay. Uh, you mentioned that you may have eight guests, up to eight guests. Yeah. Are you adding two per room? How are you doing this?

Yeah. And parking. So, um, I'm assuming that most guests are going to be riding together. Um, so I'm expecting about one to two vehicles. Um, possibly three, but currently we have four parking spaces. So that's kind of what we're judging it on. Justin and I have been talking about how many would be permitted for the amount of parking spaces and the amount of rooms. And we have four bedrooms and four parking spaces. Of the four bedrooms, are you using one?

Actually have a separate area that kitchen that's going to be where I'm going to be staying that is locked off. So, we'll have our own private space and then they have the whole upstairs and they have four bedrooms upstairs. It's a big house. Yeah. I would love for you guys to come see it. It's really cool. And um share with you guys. You You're basing the eight on a couple coming. What if they're individuals? How how do you deal with that? They would just have to take over the whole house like they would if there were seven people coming. they would just purchase uh the night because we're not it's just a single single person can rent it at a time. Yeah.

So, she's not doing individual bedrooms or anything. No, but my my concern is you've got four bedrooms and you're anticipating eight people max. Okay. If they come individually, where are they going to sleep? They won't be coming individually like separately. And so the house is going to be available to rent out the whole thing and that's the only option. So one person can't be like, I'm just gonna rent this one room and allow other people to rent the other rooms. They're not separately being rented out. It's all being

No, no. I'm not talking about separately being rented out. I'm You got four bedrooms and you're anticipating at least eight people max. Yes. Like all that fit one at a time. How do you accommodate that? You mean if if there's eight a single individuals? Yes. Excuse me. I think he's referring to So there's a parking ordinance

with how many people are allotted, how many cars are allotted on a property and the way that the parking is set up. Um here he's asking for reference to the ordinance how are the individual guests where where will they park? That is the question. That would be a part of the rules that she'll be sharing. This is the maximum number of parking spaces we have. So So if you're going to rent this place, this is the only parking that we have available for you. So you you have to decide to car poolool or rent something else if there's not enough parking for you.

Yeah. Normally three to four parking spaces is more than enough for for one party because it is going to be only hosting one party. There won't be separate people that don't know each other staying at the same place.

Did that answer your question? are you thinking about individuals sleeping in if each one of us came to your bed and breakfast? Yes. How would you accommodate each one of us? Separate individual. I would only be accommodating the first one that came to me. But but collectively rented it individual. Oh, okay. No. Yeah. But we need a bed and breakfast. Yeah. If

are you asking her? So you're not ran as a you're not running as a traditional bed and breakfast where you can host multiple parties is what you're saying. You're saying you can host one party at a time. And by party, you mean one group gathering at a time. Yep.

No, I'm saying one group gathering at a time, not multiple groups. So, say we had a retreat or a wedding party um and the bride and groom are staying at the bed and breakfast and so is the in-laws in the wedding party. She could host that group as a party altogether, but everyone could not individually book rooms. So if a husband and wife are sharing a room, they can that's one room and they would only have one parking spot per room. Is that what you're saying? Or do you have a parking spot as well? So are there three parking spots for guests? Yeah. So, there's three parking spots, but um we were also talking with a neighbor and he's got a full lot that he said that if there was any reason why there needed to be an extra parking space, he would lend me his uh parking lot for the one guest or but I really doubt that's going to happen just because four parking spaces is quite a bit for one party to uh take on. Um, but so if all all eight of you guys or people came to uh rent my property um and you did not know each other, then whoever came to me first and was like I it's like a hotel room where you have um a certain amount of rooms. Mine technically is hosting one party. So we'll say that's one room. And if you go to get that one room and it's already gone, then it's already gone for that night. Now, if they're gone the next day and you're like, "Okay, I'll get it the next day." Then that's a separate party and you'll be renting it the second night, uh, and so on and so forth, and it would just go one party at a time because I want to give that person, if it's one person that wanted to stay, they would

have full access to the dining room, full access to the bathroom, full access to all four bedrooms, even if he doesn't use any of them except for one. Or he could sleep on the couch and use none of them. Yeah, I understand that kind of stuff. Okay. If it was in your presentation would be I know. I know. I tried I tried to put it together. It's a lot of information. Y perfectly clear. Let me make that perfectly clear. Okay. I'm not against it.

Yay. I I know you're going to be on the facility. Is your parking space inaccountable? Do you have a park a designated parking space? You and your son cuz I'm sure he drives something.

Yes. Yeah. He actually just got a car. Um he's actually not home very much now. He just got a job in Fort Wayne. So he's only home I know it's been hard. He's 19 now. and uh we grew up together. So, this has been crazy. The last month he's been gone and he'll only be home a couple of times out of the month. So, during those times that we do have the cars, um we'll figure something out, whether it be uh you know, staying having one car at my sister's house or one car next door at the uh parking lot. Um, but for sure something that will be very easy to manage with him not being home as often as I would love him to be.

So, you don't have a designated parking space? Uh, yeah. So, out of the four, I don't have a certain one that I would need. I'm just going to let the guests have I'll probably have it assigned like one and two parking space. You guys can have one and two. And then they will be communicating with me and saying, "Hey, actually we have three cars." And I'll be like, "Okay, then you can park in number three." And then I'll take four cuz we'll have the four and they'll all be marked. Then I'll be like,

"Hey, Roger Lange, I need to park in your parking lot." I I wonder if it wouldn't be helpful if they're willing to do it um to have them write a letter to the effect of what you just described. So there's a document that Justin can review for us that shows that you have made the arrangement with the neighbor so that these more or less unanswered questions

Yeah. you know what happens with eight cars. So you know if you've made that arrangement we do this we do similar things with other types of development where pe people developers rent a parking lot within 350 ft of the building that they're developing. Mhm. I mean, so at the very least, a letter would allow the city to know that you've, you know, covered that base.

Yep. And we we can get that there. There are four parking spots there and she is going to put in her advertising that there's a maximum of four parking spots. So, they know they can't bring eight cars. Um, but we but the neighbor's been very gracious and he's got there used to be a house there that was torn down and he put it basically u flattened it all and put in gravel so it's a huge lot that he doesn't really use once in a while one car there but you can park 10 cars there so and it's it's attached to the property so

yeah it's Yep. And there's also city parking, which um I don't know what we were kind of talking back and forth, Justin and I, because there is parking on the street. Um but we were he was saying that that's not like a desirable thing to be parking on the street, but in an emergency if I felt like I didn't want to bug Roger next door. Um we could talk about possibly even parking for the night on the street if it was my car um right outside the house on the street. and it would not be uh stagnant. That's for sure. Commissioner Hansel,

um you may also want to talk to Morton House. Maybe for a small donation, you'd be able to use a couple of parking spots in their parking lots, which are empty unless they're having programs. Yeah. So, if you could do the same thing with them, it was paved. It's with inside of the inn. Yes. And you know, it's a an interesting place. Anyway,

yeah, we took a tour there. He was very friendly. I forgot his name, but he was a wonderful guy. And he said he owned the neighbor's house to me a long time ago. And um yeah, so for sure something I could do. You indicate in your um application that the daily operation include check in and check out and providing a simple breakfast to the registered guest only and this would not be a public restaurant. Yes. Okay.

It'll be only for the pe the guests that are staying in that group. So, someone couldn't just come up and be like, "Hey, I'm gonna get your uh oatmeal." They have to be a registered guest. And this will not be used for the flash mobs that we've seen in the city from time to time. No. Okay. I saw one downtown last summer. I like, "Wow, that is a big block party." That is the concern of the residents. They don't want that. No, no party. Okay. No.

Thank you, chair. In the photo with the signage, there is a fence around the property.

Um, there is not one in the after here. Are you planning on fencing off the the iron gate? Um, I would like to have a 4ft fence and I'm not sure if it's going to go entirely around the entire property or if it's just going to be in the backyard. I guess it depends on how much it's going to cost. I might have to take it chunk by chunk just because I would like it to be that old Victorian look with the metal fencing and have it be 4 foot and have it be something other than uh just like wood fencing. I think I would like to keep it with the times and if I could keep it that cool metal fencing that's intricate, I'm gonna try my best to do that.

Thank you. Um it's really beautiful. And right here on Nolan Street where the parking is um in the back of the residence for the guests, there is a vehicle entrance. But in between the vehicle entrance and the home, is that um protected from the street as well? And the sidewalk, is that fenced off as well?

No. Oh, yes, actually. So, the fencing would start right outside of the the vehicle entrance on each side. So, um like here's where the entrance is, and the fencing would start right there and go all the way to at least here. But I'm gonna try my best to have it go around the whole house just because I think that would be really uh pretty and would really uh show how much yard I have since it's so small. I think it'd be nice to fence it in to show I've got something. Um but yeah, so I'll have a gate there that will open and close and I'll keep it open during the day and um let the guests shut it or keep it open with what if they would like to

and we're keep lock them in. That's okay. And we're keeping that at 4T. Yes. All around the property. Yeah, I think it has to be at 4 foot. Just at least those two sides. And I wouldn't want to do a six foot on the other side because I'd like it to all be symmetrical. So, I'm thinking 4 foot all around.

Are there any other questions or comments? Do we have anything from the public or the people in the vicinity?

So, I did receive a public comment via email that I would like to read. Um, this is from the owner at or the the resident at 568 East Main Street. Um, Darwin Watson that states, "Unfortunately, I cannot be attend attendance at the planning commission meeting in person. I'm sending this email to be provided to the Benton Harbor Planning Commission regarding the special use permit application for 600 territorial. The applicant is requesting to use the property as a bed and breakfast. The property is zoned neighborhood residential. This zoning district, per the zoning ordinance, is intended to establish and preserve lowdensity residential areas free from other uses except those which are both compatible with and convenient to the residents of such a district. A bed and breakfast is permitted by special use in the district. A special use permit or conditional use permit is a zoning tool allowing specific land uses that are not automatically permitted in a district but are considered harmonious with the surroundings. These permits are granted for uses that may impact traffic, noise, or public facilities. I am requesting that the planning commission deny the request for this property as the proposed use as the proposed use is of a commercial nature and will impact the traffic, increase noise, and have an effect on the public facilities in the area. This is a beautiful historical single family home and should not be commercialized. In my opinion, this will lead to the cannibalizing of the homes in the residential neighborhoods for monetary gain. Do you want to address the possibility that this could actually happen?

What do you mean by that? I love I mean he's written a letter what the conditions are so that's the answer question that Mr. Watson might have. And of course, he didn't have access to this ahead of time. Yes, sorry. He didn't have access to the agenda and the supporting documents when he wrote his letter. He's on probably another street to the agenda that

oh, another street and more than a block away. So, I mean, I understand his concerns. Personally, I think I think you address them in my my opinion. That's just me. I think what I was really attempting to ask you was that have we had previous requests for um anything that would represent or appear to be a commercial activity in that area?

No, nothing up to date. Oh, okay. Thank you. Any other questions, comments? Commissioner Bell. Yeah. One. Thank you, Chair. Um, how long was this property not utilized or how long was this property? It's been vacant for a long time. The previous owners were were working on it for a long time, too. They did a lot of structural work to it. Um, and then uh there was somebody living in it while they were working on it after that guy and I don't think they were there very long. No, he was in prison for two years. This has been a dilapitated property that needed a lot of work for a long time.

So, thank you. So, my question is, how long has the property been vacant? Justin, do you know? I do not. Does anyone know how long it's been vacant? So, years over five over five years before I bought it. Yeah, I bought it in December. I've been living there since December 2024. Thank you.

I'd like to make a comment. The uh uh he's talking about people coming in and cannibalizing maybe using this as their way in. U I don't think that's going to happen because you to do an air to do a bed and breakfast, you have to be a living owner. And this is not going to attract investors that are going to buy 20 homes to do Airbnb. That's that's, you know, kind of where he's going with that. And that's not the case here. You have to be a living owner to qualify. So, we're talking about a very small niche of somebody that's willing to do this and cater to people coming into their home. And can I say one more thing?

I would not allow that. I absolutely love uh the arts district area. I love Morton Hill and I want to do nothing but make the place better. And um I love all my neighbors. Um, everyone's been very sweet and inviting and I've talked to them all about it that are my immediate neighbors and they've been very supportive and um, I would never um, harm the area at all and I will be very careful to make sure that there are no parties and that there's nothing that will be disruptive to the area. I would like to also point out that this is a special use permit.

Yes. and the city would have to decide whether or not they want to issue the permit. So, the city does actually have control over whether or not this area is um made more commercial. I just wanted to ask, was there any other uh neighbor 350 ft away that reported other than this one that we have? No, that is the only comment that I received out of all of the letters that were mailed to those that live within 300 ft of that property. We have comments.

Um I just have one question in regards to how and this might be outside of this commission, but in regards to how you would regulate um first of all, like what is the percentage of homeowners primarily in a certain range? And then also, how would you regulate others not wanting to mimic? Like, would there be a max of how many people you would allow to turn a b their home into a bed and breakfast if they chose to do so in regards to a certain radius? So, that I'm saying that would it be uh capacity or a max amount that I don't know if you guys would allow or the commission would allow for a special use permit. Um, like how would that look like as far as the future is concerned? Like how would you say yay or nay? Would they be a cap or that's something that would have to go through the actual full commission to determine

this process that we're going through today is an opportunity for the citizens to speak. They are asking for a special use permit. Uh I think moving forward the same process would be available to anyone else who would want to come into the area. They would have to request a special use permit. And some of the answers to your questions could be by the citizens themselves by showing up for the hearings or if the city uh commissioners decide that this is the uh number that they will allow or not allow, it still would be special use permit. So that would be the way they would govern it, I don't imagine. Okay. If there's no more comments, questions, I would like to ask the rest of the allian

I apologize. Um I did hear Commissioner Hensel allude to like some I don't know um like some special requirements maybe that were discussed before I got into the room. Was there some like contingencies or something like that that were discussed or were you just pointing at your paper just to say that these materials are included already in the proposal?

I don't think you I don't think you missed anything. I think we started right right about when you came in the room. The the only thing I recall saying was uh that uh in order to have some certainty that we needed a letter stating that you you have access to parking space and that it be written and sent to the city inspector to Jason so that we know that you have the capacity to at least park your car

so that your guests can use your spaces. We would require that of a commercial business. If if you couldn't have the number of spaces on your site, you would need to make some sort of arrangement, legal arrangement. So, I think it's reasonable to say at the very least a letter or a contract if that's a possibility. Okay, that's something I can provide.

Okay. Um, okay. One more comment. I just want to say um I think this is a good idea. I mean I mean different places, different cities are doing this. I think it brings momentum to the city. I think it brings creativity, something that we we need around here, you know, more new, more vibrant um homey things here in the city. So, I mean, I think it's a really good idea, but you know, make sure everything in regards to safety and zoning is addressed. Yes.

Do we need a motion to move this for the city full commission have to close. Okay. If there are no more comments, additions, deletions, questions, then we would like to close the public portion of this meeting. At this time, the commissioner is ready to make a motion to forward this to the full city commission. Contingent. What would be the contingent? The letter.

Contingent upon the um letter being received about the additional parking. Do you want to make your motion and state? It was Rich's motion. I I move that we approve. the application for 400 territorial road for a special use permit 600

I'm sorry 600 um to to be used as a bed and breakfast with a contingency that within 30 days there'll be a letter um that's pro provides proof that there's additional parking available and what those arrangements are and that they be presented to Jason Justin cash. It's okay. I got you.

The motion has been made by Commissioner Hensel. Support. We have support. Support by Commissioner Bell. Yes. Commissioner Henry, yes. Commissioner Hensel, yes. Commissioner Marshall, yes. Manager Little, yes. Commissioner Bell, yes. Commissioner Haynes, yes. Chairman Reid, yes. Motion carried. Okay. At this time, is there any Is there any old business that's not on the agenda?

Yes, Mr. Chairman. I would like to bring up the need for us to consider and uh take a position regarding uh short-term rentals in the central part of the city. Um and also fences in the downtown uh commercial areas. It appears that both of these have been omitted or not included in what we've done. And I think we're going to face problems if we don't get something uh on these because if we start getting people I mean and and maybe we'll need to be more specific in terms of short-term rentals because if we start getting individual residential units in the central part of the city that suddenly winds up with 40 cars parked on everybody in the neighborhood's uh parking lot up in their yards and everything else and noise all night. We're going to have troubles and the fencing thing downtown isn't a place where you want 6 and 8 and 10t fences and so forth. It start to look like a prison if you're doing that is counter to what we're trying to accomplish. So like to you know have some consideration given to what we're going to do with those um to the zoning ordinance um issues short-term rentals. We have nothing in the zoning ordinance to regulate that.

So right now what it states is all other overnight accommodations and that's it. Period. There's no definition to it whatsoever. And this is a permitted uh at this time. That's what's in our zoning ordinance right now that we just approved. Mr. Chair, Commissioner Anel,

as I understood it, the reason for that language is that if it's not, uh approved use on paper um in black and white, then it's not allowed. So, um there's still some tweaks to be done. I don't know if the commission wants to take on a specific ordinance or if with the last tweaks of the zoning ordinance you'd like to ask us to put something in there. I think we need something more or less like a model um ordinance that has not been challenged yet or defeated in the Supreme Court. I think we do need to do that because I believe the absence of anything will work the opposite as opposed to it being um uh not allowed. I think it'll be perceived as being permitted. Uh so we do need to do something with that as expeditiously as possible and likewise with the issue of the fences in downtown. U so for in our previous zoning ordinance it states in there anything less than 30 days would be shortterm and that's underneath the all other accommodations. So that spells it to out to you in the old one saying if it's, you know, good in the central business or I know before it wasn't anything residential you could have short-term in it was like central business and commercial areas. Um but we don't even have that now in this one. At least there's a definition of something to to guide. Do we have any examples of what other um

municipalities may have done or a model that we could uh take a look at? We can get something and bring it back shortly. I'm sure I guess the issue is it was actually from this zoning. It was in the old zoning, but it was omitted in the new one. the definition.

It It was done on purpose because it says in the introduction to the ordinance exactly what we mean. If it's not listed there in those uses, it cannot be done. Doesn't matter where it is, whatever the district is. So what we do know is that multiple communities have enacted ordinances and then spent tens of thousands of dollars trying to defend them only to have this the state supreme court overturn them one by one. So what we if we're going to include it in the ordinance, it needs to be an ordinance that already has been through that process

so that Benton Harbor doesn't have to deal with fallout from that service and um

I don't know if you noticed the city clerk shaking your head when you were saying that if it's not there. It's not permitted. But uh I I would like to suggest we consider possibly at least reinstating what we had before while we also look for um a what you're asking for there which we can do but and also I've got to be excused. I've got a eagle meeting.

Would a moratorum be something we would consider? Yeah, you definitely consider having a moratorium on all short short-term rentals. Chair, did the master plan change that ordinance? How did that change? See, things just don't disappear or pop up. So, did the master plan change it? What changed it? I believe the work that McKenna did

the work that McKenna did on the ordinance itself. Uh remember McKenna did the orb break for you and I think somehow it just got left out oritted in that.

Yeah, McKenna redid the ordinance. McKenna redid the ordinance based off of the master plan. And so we updated the ordinance and did the work for that within those committee meetings that we had outside when we went through each line by line what was special, what was the entire table. Um but to Rich's point, we did say that there were some things that we were not going to do because we saw what was happening in other communities with the influx um of short-term rentals. So we did not include it. Um, and we put at the beginning that we were not going to include it. Um, so it's not permitted. Basically, that's what it meant. You needed a special use permit in order to do so, if I'm saying that correctly. Um, you could not just say you were going to have one. But cities who have the motor, I can never say that word, but cities that have that, they get sued often and lose. and we didn't want any legal battles in terms of um just cost to the city. So until we knew exactly what that was going to look like, it was omitted and just off the table. And in order to do so, you had to come before the body to get a special use permit. Well, well, I understand the special use permit process and it has worked for us because it gives us more leverage as to what we need. But my next question would be to the clerk as to what can what would our next step be to either put it back to where it was where we can start all over or start the discussion as to where we really want to be with it because short-term rental is been a problem for a lot of

communities especially like our community. So through the through the chair, ask the clerk to if she can guide us. So that's really totally up to the commission on which way they want to go. Um speaking of not having it in there means it's not permitted. A lot of people don't see it that way. It's not in there. Doesn't say I can't do it. So that's where you're kind of in that middle. Something needs to be drawn in there. Something needs to state whether it's allowed, not allowed, um regulations if you are going to allow it, but it really needs to be spelled out. That way you don't have people saying you don't say that I can't do it.

I know we are speaking to it and alluding to it and we have our online audience. I know I'm always saying this. I just feel like when we are discussing something at the same time because We want people to be engaged. They need to know what we're talking about. Is it possible to pull up at the beginning? Do you not have it? Is it not online? I do have it, but I cannot do it on this laptop. We're in the process of switching this. Um, if somebody wants to plug in a laptop there, we can pull it up, but we can't do it from this one currently.

One second. Um, we put a laptop. But if what if you're you're referencing in the zoning ordinance period because there's no reference to it in the zoning ordinance is what we're stating. Yes. Yeah. So, I'm referencing the ordinance period, the beginning um the beginning dialogue at the beginning of the ordinance that is referring to want to pull up the actual ordinance.

Quick question in here. Do we have a number of the existing uh short-term rentals? Eight to 10. 8 to 10.

Would we be allowed to pause or put a moratorum in place until we can go a little bit uh deeper into how we want to deal with this? Yeah, that's totally up to the commission on how they want to move forward with that. The ones that are currently not performing will have to stay shortterm. Yeah. Because they would bas basically be grandfathered in the ones that are currently operating. Correct.

Yes. Um do we need to make a motion to and that uh would be to the full city commission that this is something we need to do or is this something that the planning commission could do? So, because this is zoning related, it would still have to go in front of the full commission. Okay.

So, we need a motion at this time to Okay, this is where I need you guys help. How do we want to word this? A moratorum will be placed on all short-term rentals until further notice. Uh the city, no, the planning commission will do the necessary review of the previous master plan to determine uh what changes need to be made to the current plan. to determine limits on short-term rentals.

That makes sense.

Appreciate all the help here. Good job. I'm just trying to what is the language exactly that we're doing shortterm rentals or also mentioning are

this is shortterm rentals right now we want to curtail any additional ones until we can determine um what the language is to put into the current master plan. Um, I know we're we're not to the point of of comments, but I I think this is something that we should actually um for clarity for the public and for ourselves have the language before we have a conversation about it. And the amount of short-term rentals that are likely to be built in the next 30 days is probably not very high relative to what we've had, which has taken 20ome years at least to to develop. So, um, I'd like to see what the language is again. Um, perhaps Mr. little's draft ordinance that can make it through the Supreme Court and then for us all to discuss it and debate it and adopt it at our next meeting.

Are you suggesting that we do nothing at this time? Yes. Agree. I withdraw the motion.

So, we found the problem and we're not going to do anything. We're just going to wait till it happens. Tell me, did I miss something? Did I go to sleep? What happened? reason the reason reason why this was brought up. Uh I got a call from a realer as a client from Chicago that was looking into uh looking into purchasing properties where they could You don't have to know

um where they could possibly put short-term rentals and they're asking for any and all. So it could be big, it could not be. I'm waiting to give them an answer. So that's where I'm at because I couldn't specifically tell them. So she's waiting on a reply from me. uh for their client. So that's where I'm at. That's the reason why this got brought up. So if it's a special use permit not connected to short term, is that correct?

What's on the books right now? Nothing, right? For for the short term. Yeah. Uh nothing set. Um, if I had something I could go off of with the lady that called me, could possibly Yes. Um, I just, like I said, I got an email and a call from a realer that has a client from Chicago that is looking into buying properties to turn into short-term rentals. And she stated that St. Joe has them where you can only specifically have them, you know, like a CB district, um, a maybe a light industrial or a local commercial, something like that, um, is how St. Joe has theirs. And ours was like that in the past. The the older one that Yeah,

it did have that and it was CB. I can't think off the top of my head, but it does state in there anything less than 30 days is considered short-term rental. And then overnight, all overnight accommodations falls into and then you go to permitted table because then I know short-term rental 30 days permitted or not special use. And then I could bring them in here or be like, "Nope, you're permitted. Let's pass everything." Um, so right now I'm kind of stuck at where to go currently. Right now, central business and light industrial is permitted. What did you say? Say that again.

Central business, light industrial are currently permitted for overnight other overnight uh accommodations. What's the other ones? Um, The two residential areas, there is nothing for those. The other areas would be special use. And I believe that's still the I want to say it's still the same. I'm just looking for the definition so that way I can uh follow up with people because I can't not tell them that's not. So that's just all I was asking.

Commission Commissioner Bell. Okay. So I I'll make a motion. Um I move that the planning commission enact a temporary um mess up. Um but moratorum um on the acceptance and approval of short-term rental uses um defined as overnight accommodations less than 30 days. um until the commission has created clear guidelines um including density limits, zoning parameters and operational standards.

The motion is made by Commissioner Bell and supported by Commissioner Marshall. discussion. Call the role, please. One question. Madame clerk, you look like you got indigestion over there. You want me to read it again? I need you I need you to I need you to say what's what's giving you indigestion, please? I can write all that down. Okay, I got you. All right, you got your second, didn't you? Yes. Um, if there's no more discussion, call the role, please.

Commissioner Hensel, no. Commissioner Marshall, yes. Commissioner Bell, yes. Commissioner Haynes, yes. Commissioner Henry, yes. Chairman Reid, yes. Motion carried. Is there any additional old business before we move on?

Mr. Uh yeah, it was a business that's going in the right here uh where Taco Restaurant was and they left and then Hello Beautiful. It's it's a same use um restaurant. Uh they passed the building and fire inspections already. They've paid everything. um permitted use. I was just It was just a update. This? Yeah, just an update. Nope. No, just an update. Just letting you guys know that what's going there. Okay. Yep.

What's that? Okay. We've just Okay. Are there any other project updates? Um just working on uh projects uh Lincoln department um Salvation Army. Okay. Just working through the processes out of them at the moment.

Okay. Then we move on to the absence of the members. Um Commissioner Adams did not call. Other than that, uh everybody's present. We move on to training. We have two newer commissioners who have yet to be trained and I'm going to recommend that the training take place within the next 30 days if possible. For the rest of us, for this new 12-month period, there has been no training whatsoever. So, I believe that we must come together either at the end of each of our monthly meetings and take those classes while we're all present. If not, we will have to make a mandatory requirement that the training take place as soon as possible. If we have to call a special meeting just for training, I believe that might be appropriate. But at this time, we as commissioners could be questioned by the public concerning master planning and zoning. Without our proper training, I'm not sure we would be able to provide for them the proper responses. So, it is very important that we understand the master plan, the zoning, and our own bylaws. So this is the importance for us to have uh up-to-date training and as soon as possible

questions.

Okay, let's Can we set a time? Yes. maybe after our last our next meeting and we just take an hour or so after the meeting and and and it'll get it over with. That gives everybody a time to to adjust their schedule. So, let's do it. Knowledge is power. You want to make a motion? I make a motion that we have our training uh after the our next official meeting. That would be the May meeting. Can we get support?

Support support by Commissioner Bell. I do think that um we should go with Commissioner Henry's wording after next meeting just in case. You never know. I mean, if you don't have a meeting in May, it'll be June. So it'll be after your next regular meeting. The amendment amendment is accepted. Discussion. Are are we required to have four hours? Yes. So we would just do one in May or would we do one each month until we get to four out of the way?

I would definitely recommend continuing um because there are some that are 2 hours long. after sitting here for an hour and a half, you don't want to sit here for another two hours. So, we can break that into two one hour increments to get them in. So, maybe we do it for the next four, you know, as long as we're getting them in within the 12-month period. Still qualifies. That's fine. That's better. Last year, we had to be additional hours one hour. Any additional discussion? Call the role, please. Commissioner Marshall, yes. Commissioner Bell, yes. Commissioner Haynes, yes. Commissioner Henry, yes. Commissioner Hensel, yes. Chairman Reid, yes.

Motion carried. At this time, are there any commissioner comments? Hearing none, I make a motion that we adjourn. Supported by Commissioner Henry. All the Commissioner Bell. Yes. Commissioner Haynes, yes. Commissioner Henry, yes. Commissioner Hensel, yes. Commissioner Marshall, yes. Chairman Reid, yes. Motion carried.