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-4 (Single-Family Residential) District, for a SHORT-TERM RENTAL for the Property Located at 1709 W. SHERMAN AVE (Parcel Identification No. 18-08-151-026) Peoria, IL. (Council District 1)
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BACKGROUND: The applicant and property owner, Zuhair Madanat, requests to obtain a special use to use an existing single-family dwelling with five bedrooms as a short term rental. The proposal is to allow up to 6 guests. This property is within the Moss-Bradley Neighborhood Association. The Unified Development Code stipulates no more than 3% or 17 special use short term rentals are allowed within the association boundaries. Approval of this request will bring the total Special Use Short Term Rentals within the subject association to two.
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. A short term rental, in the R-4 (Single Family Residential) District, that is not occupied by the property owner, must receive special use approval in addition to the following:
1. The owner shall comply with the residential property registration code of the City of Peoria.
2. The owner shall obtain and yearly maintain a valid Short Term Rental license from the City of Peoria and the owner shall pay Hotel or Motel Room Rental Use or Privilege tax to the City of Peoria. The license is revocable.
The Planning & Zoning Commission found that the request, in case PZ 791-2022, met the Findings of Fact and voted 6-0 to approve the request subject to 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 detectors shall be installed according to the 2018 International Fire Code Chapter 9, Section 915.2.1.
4. Additional dwelling units cannot be added to the site.
5. The residence shall comply with the 2018 International Building, Property Maintenance & Fire Codes prior to any occupancy. Inspections shall be required to verify compliance.
6. Occupancy of the short term rental shall not exceed the standards set forth in the Building and Fire Code of six (6) guests.
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.
9. The driveway from Sherman Avenue and the alley shall be replaced with an all-weather dustless surface such as asphalt or concrete. Appropriate driveway permits shall be obtained.
See the attached case packet to the Planning & Zoning Commission and meeting minutes for detailed information.
Update: The applicant indicated on the original application that the property was a single family dwelling. It was brought to staff’s attention that the property is being advertised as two units available to rent. Upon speaking to the applicant, that was verified. Staff requests to Council to defer this item to the July 26th, 2022 Peoria City Council meeting with direction to staff to refer the property back to the Planning and Zoning Commission for an amended case based on the property being requested as a duplex.
Update: After the City Council deferred the item, staff reached out to the applicant about amending their application and going before the Planning and Zoning Commission. The applicant did not respond to the request from staff nor did they pick up paperwork for the notice requirements, thus the case did not go before the July Planning and Zoning Commission. As staff feels the property is being used as a duplex for the purpose of the short term rental and the original application requested approval for a single family dwelling, staff would ask Council to deny the request. Staff will begin enforcing the ordinance regarding a short term rental operating without a special use approval as the property has been in operation as a short term rental without approval. The applicant would have the ability to reapply but should not continue to operate as a short term rental.
FINANCIAL IMPACT: NA
NEIGHBORHOOD CONCERNS (at the Planning & Zoning Commission Meeting): None presented at the public hearing which was not attended by the applicant.
IMPACT IF APPROVED: The Special Use would be approved subject to the conditions. The applicant would need to maintain a license to operate 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