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-4 (Single-Family Residential) District, for a SHORT-TERM RENTAL for the Property Located at 1106 NORTH PARKSIDE DRIVE (Parcel Identification No. 18-05-303-013), Peoria, IL. (Council District 2)
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BACKGROUND: The applicants and property owners, Brant and Christina Merryman request to obtain a special use to use an existing single-family dwelling as a short term rental. The property is owner occupied; however, the proposed short term rental may be available while the owner is away. A short term rental when the owner is not present requires special use approval.
The dwelling has six bedrooms, two of the bedrooms have been converted to non-sleeping uses. The proposal is to allow up to 6 guests, with no more than 6 adult guests. Off-street parking will be provided in the two-stall detached garage. On-street parking is available on the east side of Parkside Drive. The property is in the Uplands Residential Association. The Unified Development Code stipulates no more than 3% or 10 special use short term rentals in this neighborhood association. If approved, this would be the third special use Short Term Rental in this neighborhood association.
The Planning & Zoning Commission found that the request, in case number PZ 604-2021, met the Findings of Fact and voted 5-0 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 five (5) sleeping areas and ten (10) total persons. Of the maximum occupancy allowed, no more than six (6) adults 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):
Three letters of support for the request were submitted. Reasons for support included: recent investment in renovating the property, responsible property owners, and the property owners live at the house.
Ten letters in opposition to the request were submitted. Reasons for objection included: size of the house and inground pool may encourage guest to have parties, not enough parking, concerned the use will encourage more rental properties, concerned the property owners will not manage the property when they are away, six guests is too many, the use does not meet the Special Use Standard number two: no diminishment to property values, and the use is inconsistent with the Comprehensive Plan Critical Success Factor to Reinvest in Neighborhoods.
Staff finds all standards for the special use are met by the proposal and the Comprehensive Plan Critical Success Factor to reinvest in neighborhoods is met. Concerns raised for a short term rental at the subject property are mitigated by the recommended conditions, parking plan, and requirements of the city code and codes adopted by reference. At the hearing, the property owners expressed their intent is to operate the short term rental while they are present at the property but also on occasions when they are both out of town.
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. A short term rental while the owner is present, would 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