File #: 22-139    Version: 1 Name: SHORT TERM RENTAL 7725 N Orchard Road
Type: Ordinance Status: Adopted
File created: 4/11/2022 In control: City Council
On agenda: 4/26/2022 Final action: 4/26/2022
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-E (Estate Residential) District, for a SHORT-TERM RENTAL, for the Property Located at 7725 N. ORCHARD ROAD (Parcel Identification No. 14-10-102-010), Peoria, IL. (Council District 3)
Attachments: 1. Ordinance for 7725 N Orchard Rd, 2. Attachment A to Ordinance for 7725 N Orchard, 3. Case Packet for PZ 746-2022, 4. Minutes for Case PZ 746-2021, 5. ORD 17,965

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-E (Estate Residential) District, for a SHORT-TERM RENTAL, for the Property Located at 7725 N. ORCHARD ROAD (Parcel Identification No. 14-10-102-010), Peoria, IL. (Council District 3)

 

Body

BACKGROUND:  The applicant and property owner, Maxwell and Cara Ann Johnson request to obtain a special use to use an existing single-family dwelling as a short term rental. The property owners typically reside at the property every two months for two weeks at a time. The special use would allow for short term rental use while the owners are 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 two bedrooms. The proposal is to allow up to 4 guests. Off-street parking is provided in the one-stall attached garage or paved driveway.

 

The property is not in a defined neighborhood association. The Unified Development Code stipulates no more than 2 special use short term rentals within a 0.25 mile radius of the property. 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 746-2022, 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 ten (10) total persons. Of the maximum occupancy allowed, no more than six (6) 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):  Three neighbors expressed concerns with the proposed use. In response, the owner explained the house rules and stated the rules will include the posted street speed limits. The owner provided his contact information to the neighbors after the meeting.

                     

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