ACTION REQUESTED:
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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 R4 (Single-Family Residential) District for a SHORT TERM RENTAL at 408 N. COOPER STREET (Parcel Identification No. 18-08-108-003), Peoria, IL (Council District 2).
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BACKGROUND: The applicant, Charles Levesque requests to obtain a special use to use an existing single family dwelling with two bedrooms as a short term rental. The proposal is to allow up to 2 guests. The property was most recently non-owner occupied. If approved, this request would be the first special use for a short term rental in the Moss Bradley Residential Association. The Unified Development Code stipulates no more than 3% or 16 special use short term rentals in the Moss-Bradley Residential Association.
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 registration/licensing requirements:
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 497-2021, met the Findings of Fact and voted 5-0 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 detectors shall be installed according to the 2018 International Fire Code Chapter 9, Section 907.
3. The owner shall comply with the residential property registration code of the City of Peoria.
4. The owner shall obtain and 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.
5. Additional dwelling units cannot be added to the single family dwelling.
6. Sidewalk along the N Cooper Street frontage shall be ADA compliant.
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.
See the attached case packet to the Planning & Zoning Commission and meeting minutes with public comments submitted to the commission for detailed information.
FINANCIAL IMPACT: NA
NEIGHBORHOOD CONCERNS (at the Planning & Zoning Commission Meeting): The applicant circulated a petition that received 12 signatures of support from the surrounding neighbors. One resident of the neighborhood association submitted a letter of support for the request citing agreement with how the applicant intends to operate the use. Three letters of opposition were submitted citing opposition to the transient nature of the use.
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