File #: 22-406    Version: 1 Name: SHORT TERM RENTAL 5525 N Briarcrest Ct
Type: Ordinance Status: Adopted
File created: 11/7/2022 In control: City Council
On agenda: 11/22/2022 Final action: 11/22/2022
Title: Communication from the City Manager and Director of Community Development with a Request to Concur with the Recommendation from the Planning & Zoning Commission and Staff to ADOPT an ORDINANCE Approving a SPECIAL USE in a Class R-2 (Single-Family Residential) District, for a SHORT-TERM RENTAL, for the Property Located at 5525 N BRIARCREST CT (Parcel Identification No. 14-17-478-015), Peoria, IL. (Council District 3)
Attachments: 1. Ordinance No. 18,019, 2. Ordinance 5525 N Briarcrest Ct, 3. Attachment A to Ordinance for 5525 N Briarcrest Ct, 4. PZ 1113-2022 Case Packet, 5. Mtg Minutes for PZ 1113-2022

ACTION REQUESTED: 

Title

Communication from the City Manager and Director of Community Development with a Request to Concur with the Recommendation from the Planning & Zoning Commission and Staff to ADOPT an ORDINANCE Approving a SPECIAL USE in a Class R-2 (Single-Family Residential) District, for a SHORT-TERM RENTAL, for the Property Located at 5525 N BRIARCREST CT (Parcel Identification No. 14-17-478-015), Peoria, IL. (Council District 3)

 

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BACKGROUND:  The applicant and property owner, Stephanie Theobald requests to obtain a special use to use an existing single-family dwelling as a short term rental. The property is owner occupied. The special use would allow for short term rental use while the owner is away. Renting all or part of a dwelling to transient guest(s) for a period less than thirty (30) consecutive days is considered a short term rental.

 

The dwelling has four bedrooms. The proposal is to allow up to 8 guests (maximum of 6 adults). Four off-street parking spaces are provided via the two-stall attached garage and paved driveway.

 

The property is in the Northmoor Hills Homeowners Association. The Unified Development Code stipulates no more than 7 special use short term rentals in this neighborhood association. If approved, this would be the first special use Short Term Rental in this area.

 

The Planning & Zoning Commission found that the request, in case number PZ 1113-2022, met the Findings of Fact and voted 6-0 to approve the request, subject to the parking plan and the following conditions:

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

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

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

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

5.                     Occupancy of the short term rental shall not exceed the standards set forth in the Building and Fire Code of eight (8) guests. Of the maximum occupancy allowed, no more than six adult guests may stay in the dwelling unit at any given time.

6.                     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.

7.                     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.

 

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):  Two neighbors spoke in opposition to the request. In response, the owner explained, as an owner occupied property, she would be able to screen guests and is invested in maintaining the property. 

                     

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