Village of Northbrook Plan Commission met Jan. 5
Here is the minutes provided by the commission:
1. CALL TO ORDER
| Attendee Name | Title | Status | Arrived |
| Steven Elisco | Commissioner | Remote | |
| Jeff Sandler | Commissioner | Remote | |
| Jeremy Melnick | Commissioner | Remote | |
| Mark DeBartolo | Commissioner | Remote | |
| Ihab Riad | Commissioner | Remote | |
| Allen Morgen | Commissioner | Remote | |
| Amy Torf | Commissioner | Remote | |
| Laura Collins | Commissioner | Remote | |
| Marcia Franklin | Chairman | Remote | |
| Tom Poupard | Director | Present | |
| Michaela Kohlstedt | Planner | Remote |
A. Plan Commission - Plan Commission - Dec 15, 2020 7:30 PM
| RESULT: ACCEPTED [UNANIMOUS]
MOVER: Steven Elisco, Commissioner SECONDER: Mark DeBartolo, Commissioner AYES: Elisco, Sandler, Melnick, DeBartolo, Riad, Morgen, Torf, Collins, Franklin |
Tom Poupard, Director of Development & Planning Services commented there is nothing to report at this time and wished the Commission a Happy New Year.
4. HEAR FROM THE AUDIENCE
5. CONTINUED REVIEW OF APPLICATIONS
A. Docket PCD 20-14 – VILLAGE OF NORTHBROOK - REGULATION OF SHORT TERM RENTALS (THIRD PUBLIC HEARING). This is an application by the President and Board of Trustees of the Village of Northbrook to consider amending the following sections of the Northbrook Zoning Code: (A) Amend Article XII to define the term “Short-Term Rental Units” or a similar term; (B) Amend Article III to establish standards for Short-Term Rental units in Single Family Districts; (C) Amend Article III to establish standards for Short-Term Rental units in Multi-Family Districts; (D) Amend Article V to establish standards for Short-Term Rental units in Dwellings in Commercial Districts; (E) Amend Article VI to establish standards for Short-Term Rental units in Dwellings in Office Districts; (F) Amend Article VIII to establish standards for Short Term Rental units in Dwellings in Mixed-Use and Other Special Zoning Districts; and (G) Such other amendments to the Northbrook Zoning Code, as may be required.
Chairman Franklin re-opened the public hearing. Tom Poupard, Director of Development & Planning Services noted that he was still under oath and will be presenting this application on behalf of the Village. He discussed the regulations for short-term rentals. Short-term rental units are not specifically addressed in the Zoning Code or Municipal Code. The Village staff has interpreted the Zoning Code as prohibiting the use of a single-family home, townhouse, condominium or apartment as available for rental for less than 30-days, which is viewed as transient lodging. Furthermore, renting out a dwelling for a minimum of 30-days is considered a more traditional housing situation, which is allowed in Northbrook. The Village Board of Trustees requested the Planning Commission formulate reasonable rules.
The Board provided the following direction on how to approach the issue:
∙ If a property owner wished to rent out a single-room in their house to a guest on a short term basis that would be allowed “by right”. The Board also favored having single room rentals pay the hotel tax, which is direct competition with local hotels. The hotel tax matter involves the Municipal Code, not the Zoning Code.
∙ If a property owner wished to rent out the entire dwelling, it could only do so for a minimum of 30-days. A whole dwelling unit rental for less than 30-days would be prohibited.
During the first public hearing, it was noted that only a few communities in the suburban Chicago had taken steps to regulate short-term rentals (survey performed by the Northwest Municipal Conference was completed). The Village staff performed additional research to see if more communities had enacted regulations to deal with short-term rentals. Based upon the staff review of zoning codes, several more communities in the suburban Chicago area have now enacted regulations, including: Barrington, Deer Park, Evanston, Hawthorn Woods, Lake Bluff, Lincolnshire, Lincolnwood, Northfield, Roselle and Wheaton. The data shows six (6) of the ten (10) communities effectively prohibited Short-Term Rentals by establishing a minimum rental term of at least 30-days (Barrington, Deer Park, Hawthorn Woods, Lincolnshire, Lincolnwood and Northfield). Furthermore, only Wheaton chose an approach similar to what was suggested by the Board of Trustees (a whole house could not be used for a short-term rental, but rooms could be rented out if the owner is present).
The Commission should evaluate the following:
∙ Is the Board's initial suggestion of establishing a minimum 30-day restriction for an entire dwelling to be rented appropriate?
∙ Should single-room rentals be allowed?
Commissioner Elisco asked if the Board is looking for one solution for all the different housing types or a customized solution for each housing type. Mr. Poupard responded the best approach would be to evaluate each situation to determine the impact it has in the neighborhood.
Commissioner Elisco described an example of utilizing Airbnbs in apartment buildings to help fill up empty apartment units. Mr. Poupard responded that is a great idea in a new building; however, if this occurred in an existing building, the other residents in the building might express concern.
Commissioner Sandler requested clarification on the issues the Board would like to resolve regarding short-term rentals. He questioned if the Commission should enforce such a policy in Northbrook. He notes he is in favor of Commissioner Elisco's idea regarding Airbnb's.
Mr. Poupard responded the Village has had several issues with property owners renting their entire dwelling for house parties and received numerous complaints from neighbors regarding the operation of Airbnb's. The concerns over impact on neighbors is what prompted the Board to seek a code amendment.
Chairman Franklin questioned why the Commission is evaluating single-room rentals. Mr. Poupard responded the Village received numerous complaints from the public regarding single room rental operations. He noted there is very little demand for single-room rentals that he is aware of.
Commissioner Elisco asked if you can lease out one room in your home as a single-room rental. Mr. Poupard responded that yes that is allowed. The issue we are focused on is a rental for a short period of time.
Commissioner Riad asked what problem needs to be resolved regarding short-term rentals and requested clarification on two ordinances (Noise Ordinance and Parking Ordinance). Mr. Poupard responded many suburb neighborhoods have prohibition on overnight on-street parking, but Northbrook does not have that restriction. He noted he does not know off the top of his head the exact decimal level limits for the Noise Ordinance, but he recalls that the Village “quiet hours” are from 11 p.m. to 7 a.m. The problem the Village is trying to resolve is preventing entire dwellings from being rented out for house parties and large events occurring regularly.
Commissioner Riad asked if the Village has resolved the matter regarding an entrance fee charged for house parties. Mr. Poupard responded many communities have extended the minimum stay to several nights as a preventive measure.
Commissioner Torf questioned if changing the Zoning Code is the appropriate mechanism to resolve house parties in Northbrook.
Village Attorney Stewart Weiss commented the issue is how best to enforce short-term rentals when it is an on-going issue affecting neighborhoods. The goal is to address the issue from a land use perspective in the Zoning Code, which will address illegal uses of a property.
Commissioner Riad asked if they can add a code with the following language: an individual is not allowed to use their house or transit house for partying. Village Attorney Weiss responded the Commission would have to define what a "Party" is in the Zoning Code. The goal is to insure the individual renting the property is utilizing the property as a home. He anticipates there will be issues defining "Party" in the Zoning Code.
Mr. Poupard discussed a Zoning Code that allowed six (6) guests on the property overnight and ten (10) total occupants with visitors as a means of limiting the number of people at a residence.
Village Attorney Weiss commented many communities have approached this issue through the land uses and business licensing, which is an effective way to resolve the issue.
Commissioner Torf questioned how a resident living in a neighborhood is allowed to have a party, but not the individual renting a home. Village Attorney Weiss responded they are questioning who would be held liable for the illegal conduct (the renter or the owner). The transient cases can seldom be brought before a judge in Cook County. The goal is to secure liability against the stakeholder, which is the owner of the property.
Commissioner Sandler concurs with Village Attorney Weiss. The property owners should be required to register all rental properties with the Village and agree to the liability terms of operating a rental. In addition, requiring the property owners to register their property will help prevent life safety issues.
Chairman Franklin questioned if property owners do not have enough assets, should the Village require them to purchase insurance.
Village Attorney Weiss commented the Village has the ability to apply liens against real estate for Zoning Code judgments.
Commissioner Sandler commented he would like property owners to register their rental properties for tracking purposes.
Commissioner Riad commented there are only four (4) Airbnb properties listed in Northbrook. He requested clarification on the enforcement of Airbnb's and how much tax revenue will be generated. He noted he does not want to burden the Village staff with the new procedure. Mr. Poupard responded the Village staff is already overwhelmed with the numerous complaints from the public regarding Airbnb's.
Chairman Franklin commented the regulation of short-term rentals will increase the burden for Village Staff.
Commissioner Sandler commented the Village has a responsibility to evaluate public complaints to determine if violations are present.
Commissioner Elisco asked how guest limits can be used to regulate parties in Northbrook. Mr. Poupard responded the Wheaton model addresses the use of short-term rentals with limitations for different situations.
Commissioner Melnick commented an individual can rent the same property to the same person for a 30-day rental and still have the same outcome.
Commissioner Sandler concurs with Commissioner Melnick.
Mr. Poupard asked the Commission if short-term rentals should be permitted for 30-days, 60- days or 90-days.
Commissioner Sandler stated he is in favor of 90-days.
Commissioner Elisco suggested adding exceptions, such as remodeling, storm damage, if you sell your house then renting it back for a short time from the purchaser.
Chairman Franklin questioned how the Commission will identify all the exceptions.
Commissioner DeBartolo commented he does not anticipate any issues regarding 30-day short term rentals and noted the renters can host a party if they don't violate any ordinances.
Chairman Franklin commented if an individual purchase a property and leases it back to the previous owner for 15-days that would be considered a violation of short-term rentals unless an exception is made
Commissioner Riad asked if they can add a parking restriction, prohibit party entrance fees and no noise after 11 p.m. He anticipates adding these restrictions will eliminate house parties.
Commissioner Torf asked if they can place a restriction on the number of people in a dwelling unit or not allow parties unless the property owner is present.
Commissioner Elisco commented the Maintenance Code addresses the number of people per square foot in a dwelling unit.
Commissioner Torf commented an individual can host a party whenever they want, and the goal should be holding the property owner liable.
Commissioner Melnick commented if an individual was renting a property for a year, then the owner would not be present for liability. However, the Village can still hold the property owner liable whether they are present or not.
Commissioner Riad commented an individual can host a party whenever they please, which could result in disorderly conduct. He questioned if the Village already has a Noise Ordinance and Parking Ordinance in place.
Commissioner Morgen asked if there was any real benefit in allowing short-term rentals in Northbrook. He recommended keeping the process simple for the public and Village staff.
Commissioner Sandler responded the benefits to the Village are minimal. However, business owners will benefit from tourist traffic.
Commissioner Riad commented he is not in favor of limiting anyone's benefits if they are doing nothing wrong.
Commissioner Collins expressed concern the new process will eliminate transients. Furthermore, she is in favor of limiting a short-term rental to 30-days.
Commissioner DeBartolo stated he is in favor of 30-day short-term rentals.
Commissioner Melnick concurs with Commissioner DeBartolo.
Commissioner Elisco concurs with Commissioner DeBartolo.
Commissioner Morgen concurs with Commissioner DeBartolo.
Commissioner Riad stated he does not want restrictions on rentals.
Commissioner Sandler stated he is not in favor of 30-day short-term rentals.
Commissioner Torf concurs with Commissioner Sandler.
Chairman Franklin stated she is also in favor of 30-day short-term rentals.
Commissioner Sandler requested feedback from Commission Members who were not in favor of the 30-day short-term rentals, as he would prefer a longer time
Commissioner Riad commented he is in favor of 7-day short-term rentals.
Commissioner Torf commented imposing rental restrictions will not resolve the issue among short-term rentals.
Chairman Franklin commented the majority of the Commission is in favor of 30-day short-term rentals.
Mr. Poupard asked if the Village should allow a single-room rental in a dwelling if the owner is present.
Chairman Franklin asked the Commission if they are in favor of allowing a single-room rental if the owner is present. In addition, should the rental be a minimum of 30-days.
Commissioner Collins stated she is in favor of allowing a single-room rental if the owner is present, but with the same 30-day minimum rental period.
Commissioner DeBartolo concurs with Commissioner Collins.
Commissioner Melnick concurs with Commissioner Collins.
Commissioner Elisco concurs with Commissioner Collins.
Commissioner Morgen concurs with Commissioner Collins.
Commissioner Riad stated he is in favor of allowing a single-room rental if the owner is present, but not with a 30-day minimum rental.
Commissioner Sandler concurs with Commissioner Collins
Commissioner Torf stated she is in favor of allowing a single-room rental if the owner is present, but is undecided regarding duration.
Chairman Franklin stated she is in favor of allowing a single-room rental if the owner is present, with a 30-day minimum rental.
Mr. Poupard commented the feedback he is receiving from the Commission will help resolve many of the short-term rental issues. He noted the language in the rules will change to state the following: a property owner cannot rent out part of their house for less than 30-days. He asked if the Commission would like to add a restriction that will prohibit a property owner from renting out more than a single-room in a dwelling.
Chairman Franklin commented a special permit should be required to rent out more than one room in a dwelling. The goal is to create a framework to pursue legal action against an individual who violates the Zoning Code.
Mr. Poupard noted the regulation of short-term rentals will not interfere with home sharing arrangements. He requested a motion to continue the public hearing until Tuesday, January 19, 2021 and staff will present a draft ordinance with a resolution at the next meeting.
Commissioner DeBartolo made a motion to continue the public hearing to the January 19, 2021 meeting, seconded by Commissioner Collins; on voice vote, the motion passed unanimously.
6. OLD BUSINESS
7. NEW BUSINESS
A. Plan Commission Work Program Priorities
Tom Poupard, Director of Development & Planning Services discussed the Plan Commission’s work program priorities for the year. He noted a report regarding Single Family Floor Area Ratio (FAR) standards was sent to the Architectural Control Commission for their meeting on January 14 and the staff will likely be presenting that to the Village Board for a preliminary review very soon. Furthermore, the Board had shown great interest in accessory dwelling units, which is similar to short-term rentals.
Chairman Franklin commented the Plan Commission wasted a great deal of time discussing loading standards and sign regulations, which the Village staff should resolve. She suggested the Village focus on removing obstacles for such variations.
Chairman Franklin suggested resolving the items that are highly technical, such as parking, loading and signs in the short-term and to look at the downtown regulations after the election.
Commissioner Elisco concurs with Chairman Franklin. He suggested resolving the parking, loading and signage items first.
Deputy Director Kohlstedt questioned if the signage issue is regarding special permits for signage above 20-feet. Commissioner Elisco responded that is one of the issues. He noted there are high restrictions for medical marijuana signage that needs to be evaluated.
Mr. Poupard summarized the Village staff will focus on parking, loading, signage, Downtown and Single Family Floor Area Ratio (FAR) standards.
8. ADJOURN
Commissioner Sandler made a motion, seconded by Commissioner Melnick to adjourn. On voice vote, a motion to adjourn passed unanimously. Adjourned at 8:51 p.m.
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