File #: 18-187    Version: Name:
Type: Ordinance Status: Agenda Ready
File created: 4/11/2018 In control: City Council
On agenda: 6/26/2018 Final action: 6/26/2018
Title: Communication from the City Manager and Community Development Director with a Request to APPROVE an ORDINANCE Amending Appendix A of the UNIFIED DEVELOPMENT CODE of the City of Peoria Relating to WAIVERS as a Special Use in a Multi-Family Residential District for Additional Units in Accessory Structures Only.
Indexes: Goal 3 - Beautiful Peoria, Goal 4 - Grow Peoria, Reinvest in neighborhoods
Attachments: 1. ORD NO. 17,594 (Item No. 18-187), 2. Attachment B to Memo - Ordinance, 3. Attachment C to Memo - PZ Memo, 4. Attachment D to Memo - PZ Minutes

ACTION REQUESTED: 

Title

Communication from the City Manager and Community Development Director with a Request to APPROVE an ORDINANCE Amending Appendix A of the UNIFIED DEVELOPMENT CODE of the City of Peoria Relating to WAIVERS as a Special Use in a Multi-Family Residential District for Additional Units in Accessory Structures Only. 

 

Body

BACKGROUND: 

Proposed Amendment

This proposed amendment is part one of a three part amendment regarding additional dwelling units and types in residential districts. 

 

The proposed text amendments will come to the council in three parts, at three separate meetings, as follows:

1.                     Part One - Waiver as a special use for additional units in accessory structures in multi-family residential districts. 

 

2.                     Part Two (at a later date to be determined) - All waivers as special uses in multi-family residential districts.

 

3.                     Part Three (at a later date to be determined) - Additional housing types, including accessory dwelling units, in R-4 (Single-family) Districts. 

 

Following the discussion at Council on June 12th, all proposed changes in a single-family residential district have been removed from this current request.  As requested by the City Council, the attached ordinance includes an amendment that waivers for additional units in accessory structures only, in multi-family residential districts, are subject to a special use. 

 

The ordinance also includes a change related to parking, to reduce the parking requirement for multi-family uses from 2 parking spaces per unit to 1.5 parking spaces per unit. 

 

The Planning and Zoning Commission VOTED 6 - 0 TO APPROVE to approve a larger request, which included the amendment outlined in the attached ordinance. 

 

For additional background information, please refer to the Planning and Zoning Commission memo and minutes. 

 

Report Back Regarding Airbnb

At the June 12th City Council meeting, council members requested information on how the City currently regulates Airbnb. 

 

The City does not have regulations specific to the use of Airbnb; however, some types of Airbnb rentals do violate Unified Development Code requirements, depending on the use.  Further, the City of Peoria does not have limits on the length of time a unit can be rented (day by day, month by month, etc.); however, by Ordinance definition, temporary accommodations and those that serve a more transient population, fall under the definition of a hotel/motel or rooming house, which is not permitted in a single-family residential district. 

 

The following highlights a few examples of what would be permitted and a few examples that would be prohibited under the current code requirements:

 

1.                     Permitted:

a.                     Renting an entire house (1 dwelling unit), with not more than 3 unrelated individuals. 

b.                     Renting multiple units in which the structure has legal non-conforming status for multiple units, such as a legal non-conforming duplex or triplex. 

c.                     Renting out rooms as part of an approved bed and breakfast (special use in single-family residential districts). 

 

2.                     Prohibited:

a.                     Renting out an unlawfully established additional dwelling unit, such as a basement apartment. 

b.                     Renting out individual rooms to the extent the property becomes a rooming house or a hotel/motel, which is not permitted in a single-family residential district. 

 

FINANCIAL IMPACT:  N/A

 

NEIGHBORHOOD CONCERNS:  N/A

                     

IMPACT IF APPROVED: The Unified Development Code will be amended.

 

IMPACT IF DENIED:  The Unified Development Code will not be amended.

 

ALTERNATIVES:  N/A

 

EEO CERTIFICATION NUMBER: N/A

 

WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?

 

1. Beautiful Peoria                     

2. Grow Peoria

 

WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?

 

1. Reinvest in neighborhoods.                     

 

DEPARTMENT: Community Development