File #: 22-038    Version: 1 Name:
Type: Ordinance Status: Failed
File created: 1/3/2022 In control: City Council
On agenda: 1/25/2022 Final action: 1/25/2022
Title: Communication from the City Manager and Director of Community Development with a Request to Concur from the Planning and Zoning Commission to DENY an ORDINANCE Approving a SPECIAL USE in a Class R-4 (Single-Family Residential) District, for a SHORT-TERM RENTAL for the Property Located at 303 WEST COLUMBIA TERRACE (Parcel Identification No. 18-04-181-019), Peoria, IL. (Council District 2)
Attachments: 1. Ordinance for 303 W Columbia Terrace, 2. Attachment A to Ordinance for 303 W Columbia Terrace, 3. Case Packet for PZ 630-2021, 4. Mtg Minutes for PZ 630-2021

ACTION REQUESTED: 

Title

Communication from the City Manager and Director of Community Development with a Request to Concur from the Planning and Zoning Commission to DENY an ORDINANCE Approving a SPECIAL USE in a Class R-4 (Single-Family Residential) District, for a SHORT-TERM RENTAL for the Property Located at 303 WEST COLUMBIA TERRACE (Parcel Identification No. 18-04-181-019), Peoria, IL. (Council District 2)

 

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BACKGROUND:  The applicant and property owner, Chris Gezzer, requests to obtain a special use to use an existing four-bedroom, single-family dwelling as a short term rental. The proposal is to limit the total number of guests to six (6). Off-street parking is available in the paved driveway. On-street parking would be available to guests using a Randolph Roanoke Parking Permit. Surrounding zoning is R-4 (Single Family Residential) and R-6 (Multi-Family Residential).

 

The property is in the Randolph Roanoke Neighborhood Association. The Unified Development Code stipulates no more than 3% or 0.75 special use short term rentals in this neighborhood association. To allow one (1) special use short term rental, a waiver is requested by the applicant to increase the cap to 4%. 

 

The Planning and Zoning Commission objected to a waiver from the cap and suggested a policy discussion to determine if the intent of the cap is to permit a minimum of one special use short term rentals.  Staff concurs with the Planning and Zoning Commission that this request does not meet the standards adopted and would like direction from Council if the intent was to allow a minimum of one STR in a neighborhood even if they would be over the 3% established cap.  If Council chooses to approved this STR, no additional STRs would be allowed based on the new guidance unless and additional waiver was granted.

 

No comments from neighbors were received on this request.

 

If a waiver of the 3% requirement was granted, staff found that the request in case number PZ 630-021, met the Findings of Fact subject to the parking plan and conditions:

1.                     Waiver to increase the cap on special use short term rentals in the Randolph Roanoke Neighborhood Association to 4% or one (1) total.

2.                     Fire extinguishers shall be installed according to the 2018 International Fire Code Chapter 9, Section 906.

3.                     Interconnected smoke alarms shall be installed according to the 2018 International Fire Code Chapter 9, Section 907.

4.                     Carbon monoxide detector shall be installed according to the 2018 International Fire Code Chapter 9, Section 915.

5.                     Occupancy of the short term rental shall not exceed six (6) total guests.

6.                     Additional dwelling units cannot be added to the single family dwelling.

7.                     The owner shall obtain and maintain a valid Short Term Rental license from the City of Peoria and the owner shall pay Room Rental Use or Privilege tax to the City of Peoria.

8.                     An approved Special Use is valid for the Applicant only as identified on the special use application submitted to the Planning & Zoning Commission. An approved Special Use shall become null and void upon any change in ownership of the property which results in the removal of all prior applicants. Such change in ownership of the property will require a new special use application and approval.

 

The Planning & Zoning Commission voted 2-5 on a motion to approve the request. The vote resulted in a recommendation to deny. The Planning and Zoning Commission objected to the requested waiver based on the standard already created by City Council.

 

For detailed information, see the attached case packet and meeting minutes from the Planning & Zoning Commission meeting.

 

FINANCIAL IMPACT:  NA

 

NEIGHBORHOOD CONCERNS (at the Planning & Zoning Commission Meeting):  One public comment was made during the hearing. The comment was in opposition to considering a waiver, of any kind, as part of the special use review. Response to the first comment came from staff. Waivers from City Code may be requested through the special use process.

 

IMPACT IF APPROVED: The Special Use would be approved subject to the conditions. The property owner would need to obtain a license before operating the short term rental.

 

IMPACT IF DENIED:  The Special use would not be approved and a non owner occupied short term rental use would not be permitted.

 

ALTERNATIVES:  NA

 

EEO CERTIFICATION NUMBER: NA

 

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

 

1. Grow Peoria                     

 

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

 

1. Reinvest in neighborhoods.                                                               

 

DEPARTMENT: Community Development