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HomeMy WebLinkAboutJPZ - 02/23/2021 - Short Term Rental, Recreational Cannabis SalesELK GROVE VILLAGE JPZ COMMITTEE MEETING Village Hall, Room E Tuesday, February 23, 2021 3:30 PM JPZ Members Present: Trustee Prochno, Chairperson Trustee Franke Trustee Feichter Staff: Matt Roan, Deputy Village Manager Maggie Jablonski, Assistant Village Manager Chuck Walsh, Chief of Police Mary Pye, Director of Community Development George Knickerbocker, Village Attorney Christine Tromp, Director of Finance Guests: Trustee Czarnik Trustee Schmidt Chairperson Prochno called the meeting to order at 3:33 PM. Short Term Rentals Chairperson Prochno noted that Village staff had previously recommended against allowing short term rentals in the community. The Committee discussed that the term Airbnb refers to one platform through which short-term rentals are handled, but that any regulation would provide to any short term rentals of residential properties. The Village Attorney noted that while reviewing regulations on short term rentals, he had some thoughts about the Village's unofficial rule that prohibits stays at a hotel/motel for over 30 days. While this matter is not related to the regulation of short term rentals, he wanted to mention it to the Committee. The Village Attorney stated that the rule existed to prevent guests from establishing residency and avoiding the hotel motel tax. The Village Attorney noted that the Village is not having an issue collecting sales tax from hotels for any occupants. The Village Attorney stated that he recommended approaching short-term rental regulations by prohibiting rentals shorter than a designated time period. The Village Attorney explained that the reason for staff recommending a minimum period of 30 days was to eliminate rentals for one or two days, which can still be facilitated when rentals are permitted for a period of a week. 2 The consensus of the Committee was that rentals under 30 days should be considered short-term rentals, and be prohibited. The Chief of Police advised that the fine structure in the ordinance should be set up to provide a sufficient deterrent. The Committee discussed that it could still be possible for someone to rent a home for 30 days, and only use it for one night, but it would make the use of a property in that way more difficult. The Village Attorney noted that the ordinance would be primarily enforced through complaints from neighbors. Additionally, the Chief of Police noted that any rentals of 30 days or more would be required to be part of the Crime Free Housing Program. The consensus of the Committee was to recommend that short term residential rentals of less than 30 days be prohibited, and that all residential rentals of 30 days or more be required to be part of the Crime Free Housing Program. The Committee directed the Village Attorney to prepare the necessary ordinances for consideration by the Village Board. Recreational Cannabis Sales The Committee noted that they had reviewed the research about the effects of cannabis provided by Village staff. Chairperson Prochno noted that she recently participated in a virtual tour of the Sunnyside dispensary in Schaumburg, which she found very informative. The Committee noted that they did not feel a need to set up a formal tour of a dispensary. The Committee discussed that another community had approved a license for a cannabis dispensary subject to an 18 month pilot program, which would allow the license to be revoked based on any evidence of their business practices having an adverse impact on the surrounding area. Trustee Franke indicated that he was in support of allowing recreational cannabis sales, with appropriate regulations, because the community very clearly expressed their opinion in response to the referendum question. Trustee Franke noted that he felt if the Village asks the community a question, there is a responsibility to respect the answer. Trustee Feichter noted that while he is in support of medical marijuana, he believes that allowing recreational marijuana sales is in contradiction to the values of the community, which are expressed through the Elk Grove Village Cares program. Trustee Feichter expressed concerns about the harmful effects of cannabis, and the possibility of cannabis use leading to addiction. Chairperson Prochno noted that the research also showed that there are health benefits to cannabis, and that not all such uses require a prescription. Chairperson Prochno expressed her support for allowing recreational sales in the Village. She noted that the research provided by staff showed that not one community with a dispensary has experienced issues. The Committee voted (AYE — Prochno, Franke, NAY — Feichter) to recommend that cannabis sales be permitted in the Village. The consensus of the Committee was to send their recommendation to the Committee of the Whole for further consideration. Chairperson Prochno adjourned the meeting at 4:08 PM. C: Mayor and Board of Trustees Village Manager Deputy Village Manager Village Clerk Village Attorney Fire Chief Chief of Police Director of Public Works Director of Finance Director of Community Development