File #: 22-401    Version: 1 Name: Short Term Rental 423 W Lakewood Ave
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 and Zoning Commission and Staff to ADOPT an ORDINANCE Approving a SPECIAL USE in a Class R-3 (Single-Family Residential) District, for a SHORT-TERM RENTAL for the Property Located at 423 E LAKEWOOD AVE (Parcel Identification No. 14-21-305-017), Peoria, IL. (Council District 3)
Attachments: 1. ORDINANCE NO. 18,017, 2. Ordinance for 423 W Lakewood Ave, 3. Attachment A to Ordinance 423 W Lakewood Ave, 4. Case Packet for PZ 1112-2022, 5. Mtg Minutes for PZ 1112-2022

ACTION REQUESTED: 

Title

Communication from the City Manager and Director of Community Development with a Request to Concur with the Recommendation from the Planning and Zoning Commission and Staff to ADOPT an ORDINANCE Approving a SPECIAL USE in a Class R-3 (Single-Family Residential) District, for a SHORT-TERM RENTAL for the Property Located at 423 E LAKEWOOD AVE (Parcel Identification No. 14-21-305-017), Peoria, IL. (Council District 3)

 

Body

BACKGROUND:  The applicant and property owner, Tyler and Kaci Hampton, request to obtain a special use to use an existing single-family dwelling as a short term rental. The intended use is to rent the whole house for stays ranging from one night to several months at a time. Stays for a period less than 30 consecutive days is considered a short term rental and requires special use approval.

 

The dwelling has two bedrooms. The proposal is to allow up to 4 guests. One off-street parking space is available in the detached garage. The paved driveway could accommodate a vehicle parked to the side of the house; however, all spaces would not be independently maneuverable. The property is not in a defined neighborhood association. The Unified Development Code stipulates no more than 3% or 10 special use short term rentals in a 0.25 mile radius of the property. If approved, this would be the first special use short term rental in this radius.

 

The Planning & Zoning Commission found that the request, in case number PZ 1112-2022, met the Findings of Fact and voted 6-0 to approve 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 four (4) total persons.

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 during the public hearing and one person submitted written comment in opposition. In response to comments, the applicant shared plans to hire a lawn maintenance contractor, expressed willingness to share contact information with neighbors, and reiterated his intent for short term rental is to allow flexibility between long term rental stays.

                     

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. Longer term rental (more than 30 consecutive days) is allowed without a special use.

 

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