File #: 21-314    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 9/30/2021 In control: City Council
On agenda: 10/12/2021 Final action: 10/12/2021
Title: Communication from the City Manager and Director of Community Development with a Recommendation from the Planning & Zoning Commission and Staff to ADOPT an ORDINANCE to Amend Appendix A, the Unified Development Code, Relating to SHORT TERM RENTALS.
Attachments: 1. ORD 17893, 2. Ordinance for PZ 503-2021, 3. Staff Report for PZ 503-2021, 4. Mtg Minutes for PZ 503-2021, 5. Goitein Email for PZ 503-2021, 6. Hinchee Email for PZ 503-2021, 7. Tomlins Email for PZ 503-2021

ACTION REQUESTED: 

Title

Communication from the City Manager and Director of Community Development with a Recommendation from the Planning & Zoning Commission and Staff to ADOPT an ORDINANCE to Amend Appendix A, the Unified Development Code, Relating to SHORT TERM RENTALS.

 

Body

BACKGROUND:  As directed by City Council, Staff prepared a text amendment to Short Term Rental regulations with the following additional regulations:

 

1.                     Occupancy of the short term rental shall not exceed the standards set forth in the Building and Fire Code.  Of the maximum occupancy allowed, no more than six (6) adult guests may stay in the dwelling unit at any given time.

This is intended to alleviate overcrowding and the concern for excessive vehicles parked in the streets.

2.                     An approved Special Use is valid for the Applicant(s) 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.

This prohibits transferability of the special use to new property owners.  It is intended to maintain accountability and ensure requirements of a special use continue to be met.

3.                     No more than 3% of the number of parcels developed with a structure within a Neighborhood, as defined by the City of Peoria Neighborhood Associations Map, may be approved as a special use for a short term rental.  If a property does not fall within an area defined by this map, the 3% standard shall apply within a radius of 0.25 miles measured by uninterrupted distances from the subject property line.  This standard does not apply to zoning districts and property type where a short term rental is allowed without a special use.

This will create a cap on the number of short term rentals as a special use within a defined area.  Note the 0.25 mile radius was originally presented at 0.5 mile but upon closer scrutiny, Staff determined that the 0.25 mile distance better aligned with the City Council’s objectives.

 

The Planning & Zoning Commission voted 5 to 0 to approve the request.  As with all special uses, a waiver can be requested of any specific requirement.  The waiver request would be a part of the special use application and would need to be approved by City Council.

 

See the attached Planning & Zoning Commission case packet and meeting minutes for detailed information.

 

FINANCIAL IMPACT:  None

 

NEIGHBORHOOD CONCERNS (at the Planning & Zoning Commission Meeting):  Staff received one written comment in opposition to Short Term Rentals in general and two written comments recommending more strict regulations such as no more than three unrelated adults may reside in the property and no more than 1% of properties within a defined area may become a short term rental.  These comments are attached to the meeting minutes.

                     

IMPACT IF APPROVED: Regulations for short term rentals will be amended to include a limit on the number of guests, non-transferability of the special use, and a cap on the number of short term rentals as a special use in a defined area.

 

IMPACT IF DENIED:  Regulations for short term rentals will not be amended and will remain as currently written.

 

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. Grow Peoria                     

 

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

 

1. Grow employers and jobs.                     

 

DEPARTMENT: Community Development