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HomeMy WebLinkAboutA009 - Staff Report dated March 20, 2018 with Ordinance No.4325 and 4332 Staff Report RENTAL HOUSING CODE MODIFICATIONS March 20, 20018 BACKGROUND: The City Council deliberations regarding Rental Housing Code modifications continued at the February 20, 2018 workshop. At that meeting a number of motions were approved that provided guidance to Staff regarding the Council's preference for certain modifications to the Rental Housing Code. The purpose of this report is to focus on the following six outstanding issues that have been discussed previously by the Council and, where appropriate, provide recommended ordinance language for the Council to approve on March 27, 2018. You will note, because the moratorium is scheduled to expire at the end of April, the ordinance language that is being recommended in this report refers to University Adjacent Neighborhoods, rather than Moratorium Areas. (See Attachment A for map of moratorium areas) ISSUE=1,= .OPTIONS FO'R RE-NTQL CONCENTRATION LIMITS , LL, , The options regulating rental property concentrations range from separation distances between single-family rental properties to setting a maximum percentage for a defined area that could have registered rental properties. Cities have addressed concentration limits in the context of the whole city or as a neighborhood specific issue. Percentage Limits The following table highlights a number of communities that were found to regulate concentration of rental property. From Staffs cursory review of these ordinances, existing rental properties were typically "grandfathered" and permitted to continue unless they ceased to be a licensed rental property. Some communities' ordinances were challenged and upheld in court, including Winona and East Lansing. Table-1. Rental Percentage Limitation Examples Cit State Restriction Measure r 5ents Iowa city IA 30% Zoning Overlay East Lansing MI 0% Zoning Overlay Mankato 'MN 25% ''Block North Mankato MN 10% Block West.St.Paul MN 10%, Block Winona MN 30% Block Northfield - MN 20%, Block Berkeley MO 30% Block Steubenville OH' 0% -Zbnin -Qv6rla - Philadelphia PA 0% Zoning Overlay- Non-Owner Notes:The zoning overlays are for limited areas of a community,whereas the percentage limits appear to be city-wide.Block is most commonly defined as what is understood as a square block.It would include properties bounded by street intersections,but does not include properties across the street.Block sizes would then vary depending on if it was a gridded street system or an area with curvilinear blocks and cul-de-sacs. *East Lansing has variable rental standards for each overlay.Some prohibit all rental licenses while some allow for certain classes of rental licenses. Many of the communities that restrict the location of rentals include online resources to identify restricted areas with maps and calculated rental concentrations. For example, here is a link to the Winona map. There was no common basis for setting a percentage limitation between the communities. Often the approach was to identify issues for an area related to loss of single-family home owner occupied housing or for parking, crime, and property maintenance complaints. Distance Separation Staff also identified that some communities focused their limitation on separation distances rather than percentage limits of rental properties. This approach could be applied to any type of rental property or to a specific type of rental property. Some communities focus the separation standards specifically on a defined use of student housing rentals. This separation approach typically allowed non-student rentals or lower occupant levels of less than three individuals and then restricted locations of student based housing that did not meet these prescribed standards. Often student housing is a defined use or building type that was only permitted by an exception process with specific review standards. This appears to be a favored approach within Pennsylvania jurisdictions as some of the limitations were litigated and the communities' ordinances were upheld. The following table describes separation standards for defined student housing and demonstrate how a separation could be applied to any type of registered rental property. Table 2. Rental Limitation- Separation Examples Cit State.. Restriction Measurements State College PA 9x minimum lot width Shortest distance lot to lot West Chester PA 20x minimum lot Shortest distance lot to lot width Merion Township PA 500 feet Shortest distance lot to lot Newark DE 10x minimum lot Shortest distance lot to lot width Allentown PA Limit 2 students or a Zoning Overlay family Greenburg PA 500 feet Shortest distance lot to lot Altoona PA 250 feet Shortest distance lot to lot St. Paul MN 150 feet Shortest distance lot to lot Establishing Concentration Limitations For Single Family Rental Properties From Staff's review of literature on single-family rentals and the examples cited above, there is no consensus on what is an appropriate balance of homeownership and rental properties in a single-family area. Therefore, it appears most cities analyze their individual community needs and try to stabilize neighborhood a change with uniform rental concentration limitations. Even across Ames, there is wide disparity between individual blocks and neighborhoods on rental concentration. To assist in the discussion of potential geographic boundaries and percentage limitations, Staff has provided maps and tables for both the current Moratorium Area (Attachment A) and other similarly situated central Ames neighborhoods (Attachment B). This data includes concentration levels based upon both total number of registered rental dwellings in an area, regardless of zoning, and separately as the concentration of rental dwellings within only a single-family oriented zoning district. Based upon a review of single family rental properties across the city, limiting rentals to 20% in a defined area by zone would match our general levels of concentration in RL citywide. The ratio would be somewhat higher if factoring all types of zoning districts, such as RM. Setting a 20% ratio would likely be the lowest justifiable percentage limitation based upon the current mix of rental properties in the single-family oriented areas. Setting a standard at 25% or 30% would allow for some flexibility for areas that are near 20%, but would still protect many of the most impacted neighborhoods. When setting a concentration limit it will be important to define if the standard within a defined area is calculated on the total number of rental dwelling units, total rental dwellings units within specific zoning districts, e.g. RL, UCRM, etc., or by rental dwelling types, e.g. single family, duplex, etc. Staff believes the best approach for evaluating concentration is to account for all rental dwellings within a specific zone that is intended principally for single-family use. For example, in Oak Riverside the RH zoned properties would not count towards the rental concentration limit and only those registered rental dwellings within the UCRM zoning district would count towards the concentration limit. This approach would result in concentration limits based upon RL, RM, and UCRM as shown on the tables and maps provided as Attachments A & B. If concentration limitations were established city-wide it would include FS-RL, F-PRD, Village, and FS-RM. Much of the discussion on concentration limits has been in relation to the current moratorium areas. As City Council decides whether to initiate a concentration limit, it would be worthwhile to also review the other similarly situated central Ames neighborhoods (Attachment B). Many of these neighborhoods, such as the neighborhood along Ross Road, are close to campus. Additionally, many of these neighborhoods are also at a high level of rental property concentration, such as Old Town. Staff has some concerns if the concentration limits are applied to only the moratorium areas that the effect of buying homes for rental purposes will likely spread to the next tier of neighborhoods around campus that offer affordable purchase prices and have good access to campus from either walking or riding a bus. Options For Defining The Concentration Areas • Citywide Definition The City can define a uniform standard of a "block" for establishing the rental percentage limitation. Following the block model, would mean areas as bounded by streets would be the defined block. The size-of these blocks will vary across the City. In older gridded street blocks this may include a typical square block of approximately 16 properties while in newer areas with fewer intersections, such as Northridge, the block area could exceed 60 properties. Under this option the standard would likely be put into the rental license standards rather than as a zoning standard. This option would be consistent with the Winona example. • Property Owner Petition for an Overlay The City could create an option for a Conservation District Overlay that would set rental limits within an individually defined area. Many Cities use conservation overlays and allow for property owners to petition for the overlay for a variety of reasons, including rental restrictions. This is similar to the Historic District petition process. The petition option is analogous to the East Lansing approach. Establishing an overlay would typically be based upon a minimum number of acres or properties and a requirement for a petition signed by a minimum percentage of property owners to have the City consider a rezoning request. The intent is to ensure the area fits a defined boundary and a sense of a neighborhood. East Lansing requires a minimum 50 properties and boundaries follow streets or other identifiable boundaries. The petition percentage requirement appears to vary between 51% and 66% of property owners to initiate the process and to have City Council consider a rezoning. This approach could be part of either the Zoning Ordinance of Rental Code. As a zoning regulation it should be noted that if 20% of the property owners affected by the regulation are opposed to the change, they can petition the City Council and require a 5/6 City Council approval rather than the typical 4 vote majority standard. • City Initiated Overlay Rather than have a property owner initiated overlay, the City can apply a overlay by its own volition. IT could be a standard of either the Rental Code or the Zoning Ordinance. No property owner concurrence is needed for this option. As a zoning regulation, it should be noted that if 20% of the property owners affected by the regulation are opposed to the change, they can petition the City Council and require a 5/6 City Council approval rather than the typically 4 vote majority standard. • Separation Requirement A different alternative to a rental percentage limitation would be a physical separation requirement. This approach would likely keep a distance of one or two properties between each rental property to ensure there are not highly concentrated areas of single-family rental properties. In many instances this would be a more limiting approach than a percentage limitation. It helps to avoid a localized concentration of rentals abutting one property compared to setting a concentration percentage for a neighborhood. A separation distance for a license single-family rental could be established as part of the rental code standards. The separation distance is meant to be an alternative to a percentage limitation without stating a maximum limit. While this approach generally would a good job of insulating individuals properties from having multiple properties become rentals adjacent to them, in some unique situations it could allow for a slightly higher overall percentage than a flat cap as described above if rentals were previously concentrated to one side of an a 'defined area or neighborhood. Staff estimates that a 150 to 200 foot separation distance would be roughly equal to a 15% to 20% overall limitation unless lots are very large in width. A 150 foot separation would typically separate rentals by two or more properties from each other. How Do Concentrations Limit Impact Existing Rentals? Staff believes the intent of a setting a concentration limitation is to specifically address single-family dwelling rental properties. Duplex properties have two dwelling units of which mostly both are rented, but in some case only one of the two units is rented. Therefore, Staff would suggest that Duplex properties be exempted from any concentration limit. The effect of setting a concentration limit would be to prohibit new registrations of single-family dwellings for rental purposes if the proposed rental unit does not conform to a concentration standard. A key question for the restriction is how to deal with existing registered rental dwellings. The assumption is that the currently registered dwellings would be grandfathered to continue as rental properties even if they do not meet a concentration limit and there would be no restriction on renewing the letter of compliance. Staff notes that if existing registered rental dwellings are grandfathered and allowed to renew their Letter of Compliance, the nonconforming status would not permit tear down and rebuilds of dwelling units. Tearing down and replacing a registered rental dwelling would trigger a new registration requirement and if an area exceeds a concentration limit then a new registration could not be approved. However, modifying an existing rental dwelling would not trigger a new registration and would be permissible within an area that exceeds a concentration limit. Additionally, if a registration of a dwelling was to end, a new registration would not be permitted in the future. ISSUE 2— PARKING SPACES TIED-TO OCCUPANCY At the February 20, 2018 Council Workshop, Council directed staff to modify the parking section of the current ordinance to maintain the parking requirements in the moratorium areas and to remove the parking requirements in all areas outside of the moratorium areas. This direction from the workshop also permits for property owners to add parking in non-moratorium areas consistent with current language of the ordinance. The current ordinance language allows the addition of off-street parking spaces throughout the City beginning May 1, 2018: Sec. 13.406 Exterior Property Areas (5) Computation of required off-street parking spaces. Number and dimensions of off-street parking spaces must comply with standards in the Zoning Ordinance Section 29.406, and the following: (a) A parking space for each vehicle must be no less than 19 feet in length and 9 feet in width, and located upon an approved driveway that leads to the side or rear yard or to a garage. The area allocated for each vehicle must be available for parking at all times. Stacked parking for single family and two family dwellings is permitted for all required parking spaces. (b) Garage parking spaces shall be counted as approved off-street parking spaces if the required area for each vehicle is available for parking at all times. (c) Specific site conditions that may prevent compliance with these requirements shall be reviewed and may be approved on an individual case basis by the Building Official. (d) Single family or two family rental dwelling units with one, two, or three bedrooms shall have at least two off-street parking spaces. (e) Single family or two family dwelling units with four or more bedrooms shall have at least one off-street parking space for each bedroom accounted for in determining maximum occupancy. (fl Prior to May 1, 2018, off-street parking spaces shall be limited to a garage, driveway or other legal parking spaces existing as of January 1, 2018. Additional off-street parking spaces maybe added after April 30, 2018. If the City Council should decide to maintain the parking requirements in the moratorium areas, but remove them in all other areas, Sec. 13.406(6)(d-e)would need to be amended to read as follows: (d) Single family or two family metal dwelling units with GRe, two, eF three bedrooms shall have at least two off-street parking spaces. (e) Single family or two family dwelling units in the University Adjacent Neighborhoods with four or more bedrooms shall have at least one off-street parking space for each bedroom accounted for in determining maximum occupancy. How Many Properties Have Insufficient Off-Street Parking To Allow For Four Or More Occupants? At the February 20, 2018 workshop the City Council requested "data within the moratorium area to estimate the number of four bedroom or greater properties that do not have sufficient parking to allow for four or more occupants under the current ordinance." The table below shows, by neighborhood, the number of dwellings with four or more bedrooms (155) and the number of those dwellings that have more bedrooms than they do parking areas (29). Of these 29 dwellings, 17 (10%) have the ability to add bedrooms for a total of 23 additional occupants/bedrooms. Neighborhood #of Properties #of Properties #of Properties ? #of Additional With 4 or More With More Beds That Could Add Occupants/Bedrooms Bedrooms Than Parking Parking That Could Be Added SCAN 63 8 5 6 Oak-Riverside 16 3 2 2 t,, CCOAMS 42 5 3 4 Oak-Wood-Forest 5 1 1 2 Edwards 6 0 0 0 Westside 23 12 6 Total 155 29 17 23 If Council would like to amend the current ordinance to prohibit the addition of parking in the moratorium areas, the following changes to Sec. 13.406(5)(f) would need to be made (this corresponds to Option 3 on Attachment A): (fl Drinr +�ay1, 2018, Oeff-street parking spaces in the University Adjacent Neighborhoods shall be limited to a garage, driveway or other legal parking spaces existing as of January 1, 2018. Additional off street paFk* n cnonoc may be added after April 30, 29 R Staff recommends maintaining the parking requirements in the University Adjacent Neighborhoods only. This will eliminate the parking requirement in all other neighborhoods. In addition, staff recommends allowing the addition of parking throughout the City because the data shows that the impact is relatively small. ISSUE,3 - INCREASING°NUMBER OF BEDROOMS At the occupancy workshop on February 20, 2018, Council directed staff to tie the occupancy to the number of bedrooms that were counted as of January 1, 2018, and that number be frozen in the moratorium areas only. The current code language reads as follows: Sec. 13.503(4) Limits based on Zoning District-Maximum Occupancy (e) The maximum occupancy for a single-family or a two-family dwelling unit shall be based upon compliance with all standards of the Code, including but not limited to parking spaces, area requirements, habitable space requirements, and the following: (i) Three adult occupants for one, two and three bedroom dwelling units. (ii) One adult occupant per bedroom, with a maximum of five adult occupants, for dwelling units with four or more bedrooms. (iii) For rental dwelling units registered as of January 1, 2018, the number of bedrooms for determining maximum occupancy shall be determined by the number of bedrooms listed in the records of the Ames City Assessor as of January 1, 2018, or by the number of bedrooms reflected in the inspection records of the City of Ames Inspections Division as of January 1, 2018, whichever number is higher. (iv) For rental dwellings for which a registration is being sought after January 1, 2018, the number of bedrooms for determining maximum occupancy shall be determined by an inspection by the Inspections Division." To make the changes requested by Council, Sec. 13.503(4)(e) would need to be amended as follows: Sec. 13.503(4) Limits based on Zoning District- Maximum Occupancy (e) The maximum occupancy for a single-family or a two-family dwelling unit shall be based upon compliance with all standards of the Code, including but not limited to parking spaces, area requirements, habitable space requirements, and the following. (i) Three adult occupants for one, two and three bedroom dwelling units. (ii) One adult occupant per bedroom, with a maximum of five adult occupants, for dwelling units with four or more bedrooms. (iii) For rental dwelling units located within the University Adjacent Neighborhoods and that are registered as of January 1, 2018, the number of bedrooms for determining maximum occupancy shall be determined by the number of bedrooms listed in the records of the Ames City Assessor as of January 1, 2018, or by the number of bedrooms reflected in the inspection records of the City of Ames Inspections Division as of January 1, 2018, whichever number is higher. (iv) For rental dwellings located within the University Adjacent Neighborhoods for which a registration is being sought after January 1, 2018, the number of bedrooms for determining maximum occupancy shall be determined by an inspection by the Inspection Division. The City Council determined that there would be no prohibition on the issuance of building permits in any area. The changes to Sec. 13.503(4) will allow building permits for additional bedrooms to be issued city-wide, but freezes the number of occupants in University Adjacent Neighborhoods only in accordance with the number of bedrooms in existence as of January 1, 2018. Therefore, a four bedroom dwelling in the SCAN neighborhood could add a fifth bedroom, but would still be limited to four adults for occupancy purposes. However, in a zone outside of a moratorium area, the same situation would allow five adult occupants to reside in the home. ISSUE.4 - DEPENDENT EXCLUSION At the February 20, 2018 Council workshop, the City Council determined that it should exclude adult dependents from the number of adults allowed for occupancy purposes. The Council indicated that it preferred to more precisely define what constitutes a dependent." Staff proposes first defining the word "adult" as it is used in the occupancy standards, and then exclude dependents, through the following definition: Sec. 13.201. TERMS DEFINED ADULT. For purposes of determining occupancy, an "adult"is an individual 18 years of age or older;excluded from this definition is the dependent of an adult, both sharing as their primary residence the location of the registered rental property. Dependent status shall be demonstrated through a current tax return or court-ordered guardianship or court-ordered conservatorship. ISSUES Owner-Occupied Definition At the occupancy workshop on February 20, 2018, City Council directed staff to remove the language in the Rental Code that allowed any person other than the owner as listed on the deed to be considered an owner of a property. Currently, the owner's relative is also considered an owner of the property and is allowed to reside in the dwelling without the owner also residing in the dwelling. The relative can have one additional occupant before triggering the rental inspection process. Once the owner, or the owner's relative, has two roommates, they would be required to register as a rental property. The current definition reads as follows: Owner-Occupied Dwelling Unit: Any townhouse, condominium, or detached dwelling that is occupied as a dwelling by the owner or owner's relative within the first degree of consanguinity (mother, father, daughter, son, sister, brother); and may include a live-in nanny; live-in nurse; one live-in exchange student,or one roomer. Under Council's direction, the amended definition would read as follows.. Owner-Occupied Dwelling Unit: Any townhouse, condominium, or detached dwelling that is occupied as a dwelling by the owner or-ete,nees ;plat ie ;;4hin the first Gfegree of nnnsonguin ; and may include a live-in nanny;live-in nurse, one live-in exchange student,or one roomer. The removal of the 'or owner's relative within the first degree of consanguinity' language will require all dwellings not lived in by the deed holder to be registered as a rental. This requirement includes those dwellings purchased by parents for their child to live in, regardless of the number of roommates. In addition, the dwelling would need to be registered if the deed holder allows more than one live-in nurse, live-in nanny, live-in exchange student or roomer to reside with them. One potential loophole to the new definition is that a property owner could add their child to the deed. The child would then be considered to be the owner just as the parent would. If the child was on the deed, the dwelling would not need to be registered. It should be noted that the proposed language may require properties that are currently considered owner-occupied and are exempt from the Rental Code to be registered and brought into compliance with the Code. Therefore, any properties currently exempt from the Code in the University Adjacent Neighborhoods may not be able to be registered pending the outcome of the percentage cap discussion. If the concern is unregistered rentals, proactive enforcement should help eliminate those violations. There are situations other than a parent buying a home for their college student to reside in that will be impacted by this change. For example, a parent that buys a home for their child and spouse to move into while building up credit to purchase their own home. The Rental Code is intended to provide a safe living environment for those with no ownership in the property. It could be argued that someone within the first degree of consanguinity has an equal interest in maintaining the property as the actual deed holder does. TO'HANDLE SHOIRTTERM RENTALS?":,AIRBNBS " The City Council reviewed options for permitting of short term rentals at the prior workshop. The Council provided direction to proceed with developing standards for both owner-occupied shared short term rentals and whole house rentals where the owner is absent. Staff has prepared the following table (next page) to show a range of permitting options based upon direction from February 20th and staffs continued research into the issue of permitting short term rentals. Staff's primary concern for short term rentals (STIR) is consistency in the definitions of Household Living and Short Term Lodging as it relates to single- family neighborhoods and zoning. The defining element between the two types of uses is the duration of a stay within a living unit/home. When a STIR is accessory to the Household Living use it is generally consistent with single-family zoning. However, if we are to allow for dwellings with no primary resident to be rented for short periods of time as a business that makes the use short term lodging and that type of use is not consistent with single-family zoning. The following table describes STIR Type I and Type II as accessory to a primary residence that would be consistent the current zoning hierarchy and STIR Type III that is a short term lodging use that is not currently consistent with the single-family zoning allowances. i i ,i i Current Moratorium Areas i Total Registered RL RL SF RL Duplex RL Other %RL Parcels/ DU*- RL Parcels/ Registered Registered Registered Registered Registered Area Neighborhood Condos Rental %Rental Condos DU-Rentals DU-Rentals DU-Rentals DU-Rentals DU-Rentals i 1 Edwards NA**-RL,PRD,HOC 247 74 30% 159 36 26 10 - 23% 2 Westside NA-RL,RH,HOC 164 96 59% 156 92 58 17 17 59% 3 Oak-Wood-Forest NA-RL,RH,PRD 127 42 33% 122 37 26 1 8 3 30% 4 College Creek NA-RL,RM,RH HOC 271 154 57% 235 166 81 45 5 71% 1 5 SCAN- North-RL,RH 412 217 53% 285 105 87 15 3 37% 6 SCAN-South-RL,PRD 150 18 12% 99 5 3 2 5% i 7 Colonial Village-RL 37 11 30% 37 11 4 7 30% l UCRM UCRM UCRM UCRM UCRM SF Duplex Other Parcels/ Registered Registered Registered Registered %UCRM Condos DU-Rentals DU-Rentals DU-Rentals DU-Rentals Rentals 8 Oak-Riverside NA-UCRM,RH,NC,S-GA 305 88 29% 288 84 62 17 5 29% *D =D elling Unit **NA=Neighborhood Association i 1 e I i 6 •.�inu■�7:�IDIIIII l� .■i d�1111-1{f ■ 111���\:IIID! -� NINE■� ��n-uu:,,1�u�amlmunr� II'►i���111► � _���f�� ��: :: III:c • � , ° :uneu�/ ■1:0'_�"�n�i� ■_�■■_■_ ��� ■ IL'llllll_■�,� 111111 1■�11�'I■_: ■■11■111. r�7. �%� I�____--_ �0;-���►gnu►� 1!`-,��j� , .� 0 1� �r���"=:'- �� HIM : , ®.I ®® q Ili- o .■ -_-_ =HIM �®1�r�rl r Illlilil�tr■,, � �-����u •,• RI�®� � � O �� ■ur•II'1] m - alas e: {UUI ■ �1 \Pa� �Jr �Ilo 11 n_ Illlvlllll:a••••-� ��lb�,'_ u . ,G �\ll�� ♦ �� ,o►, ' �a°IIIr.. its L ev s ITe4■■■- 1 ■ __ 1r► ____'�_ D i�:IIC illleo:IIII :ram. °�i1 � �f�aanruu.rr` _�1-� Ilo ■ 1 ■' E=r'119 u11=—Ml . I ■7 JII?�i inu■_���n � �uunn R�*__����it�'■F � LI-�--.--■II �1 • I . �i�■w■ ■■ -II�swill OIIII■mumwmwml-�? `C�■� mw ■•IIOV-m■■.M M( ig�p!=�;••F�YIltltlll n■�■ — r� ■ —-- I`■q �W�® G■mw G"I'I�����1� 1111 ur■.e■iG■�iin� _IIIII■ I�11���� -� �� ■r�ll>f1 :1 yea.��■ 11 a=` _ I III cl�eV =1111� =�0� i►�i�� I - a ��' �El� • 31 o .®� BB�BAIII� i19 1 q, o 0 ii����� WAN . _......�I�-MM47 f off r •u I ri ENE ME ME Area 2 All Rentals- 59% Rentals-59% . dill Area 3 ,,®�® /A11 Rentals-33 o entals-30% RL Rentals-30% RL 11 Rentals-23% MISI J: ■� HOW Area 4 All Rentals-57% RL Rentals Ed Moll W F?Js.S r iTM,n ;J Z. R-K m 0 1 . o . KNOW!N )ON KNOWN U I ME Vol off _0 101 :':MBE' f�'�© - _ ME —HUNTS" ................. JA 0 w z �z 1 --CENT-ERD -KNAPP-S .......... Area 5 All Rentals- 53% RL Rentals-37% STORM-S S-4TH-S P� 11 Area 7 All Rentals-30OX RL Rentals-30% Area 6 All Rentals- 12% MORTENS�EN W) RL Rentals-5% "V� Wm FZ! I oil I it I_LL Rental Percentages Moratorium Areas -LI. 5.SCAN NA-North INfl: 6.Colonial Village 7.SCAN-South Current Rentals All 0 LLI 0 (D 0 2 0 ail1 x sr 5T -S' C,0 Cn LU > z z N-2ND-S LLI Area 8 z 290/(All Rentals- L —LINCOLN WA•----' — UCRM Rental-29% :AC CENTER i D, IL CO Rental Percentages ............... ... Moratorium Areas 8.Oak-Riverside NA Weir Current Rentals All I 1 Central Ames Neighborhoods Registered RL SF RL Duplex RL Other %RL Total Parcels/ Dwelling Units RL Parcels/ RL Registered Registered DU Registered DU Registered DU Registered DU I Area Neighborhood Condos (DU)-Rental %Rental Condos DU-Rentals Rentals Rentals Rentals Rentals 10 South Brookside-RL 60 3 5% 60 3 3 0 5% 11 North Brookside-RL 98 7 7% 98 7 4 1 3 0 7% 17 Ross Rd-RL 222 46 21% 216 46 22 1 12 12 21% 18 North of Ontario-RL,RM,RH 146 61 42% 114 37 24 13 0 32% 19 Garfield-Ontario-RL 109 31 29% 109 32 11 21 1 29% 20 N Dakota-Ross-RL,S-GA 214 31 14% 214 31 14 17 0 14% 21 Grand/Duff/13th/16th-RL 237 46 19% 235 46 21 25 0 20% 22 Gran d/RR/13th/16th-RL 167 32 19% 167 32 9 20 3 19% 23 Summit Ave-RL 70 23 33% 70 23 19 4 0 33% UCRM UCRM SF UCRM Duplex UCRM Other UCRM Parcels/Registered DU Registered DU Registered DU Registered DU %UCRM g Condos Rentals Rentals Rentals Rentals Rentals 12 Emanon NA and Roosevelt NA-UCRM,DSC,HOC 423 91 22% 378 91 38 39 14 24% 13 North Old Town NA-UCRM,RM 171 35 20% 123 32 13 28 5 26% 15 Sunrise-UCRM,RM/0-SFC,S-GA 133 22 17% 119 29 16 9 1 4 24% RM Parcels/ RM Registered Condos DU-Rentals %RM Rentals 14 Historic Old Town NA-RM/O-SFC 176 59 33% 41 20 49% 16 IDowntown-RM,DSC 169 73 43% 123 53 43% *DU=Dwelling Unit **NA=Neighborhood Association I 1 • � • � ■u■ � 4�� � � ♦ �♦�i► r i• �� •. 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Ir. �III�1� !J � � i� 1�G �C�� l • 11S ° .xN • , • rSaS a" ■ ` _ ' eye !_ Elm £... ■t i Sr w 1 111 - �� _■•Iln„i• ��UI-,`�iw 97 ■... __ • I IL ,. !!�■ I ■11111 -� 111111111 — • • • • • • I- • HIRM, M NO 1= ■■■■■ : ■ low 0111 1m ;Mill .� . ■■■■ ■■■■ ■ . �® ®: ON ®i ■ i■ �■ 1 ■ Area Area 23 SI All —1 ■i -- I All Rentals-33% ® Rentals •% 1 ■E RL Rentals m ®r = ® ME ®■ iii ®■ WEN ■ mm ®m �■[ ,\ ■■ ®■ ■ min 1 ® C ■■ ■m _m ®t�® rl■ IMP ® , =■r noon11 ®� Rentals ® Rentals . All Rentals-22% - Rentals _ - I% 001, 1 11111 Area 16 All Rentals-43% - ®•• ® IN1,121Mw— ■�. Rental ■■■tl� 11 Percentages E11,111111111112 oi 10.South Brookside■ NA 1, ■ON ■ 11. North Brookside fN■1 RooseveltEN 12.Emanon NA and 16.Downtown-No NA Y. Current Rentals All ■,`Ia ,, ��■� Union Area ® Ld E 0mmo ■� ® - — ® ■ IN MEN MEN! MEN ■1 0 ■■ ■ HBO Boom MOM MORE NINE MEN ENE Son Area 13 ® ■III �� � ■ 1_ �i I 1®® :- , OWN All '- - •'. s ®® 15 , � mm I , i■� 111 i ��■ i ��Illi 1 1 Area 14 '' ■� '■�i ■■ ■� "i li oil ' - 111111�■�� ��`i1"��[��� IIIIII lll�� [llllllll�l � ---- --�I■ii Rental � �aME sl ■■� ■ 14.Historic. .Town WEI 15.Sunrise 1�■ 21.Grand/Duff/13th/16th 01—'m 11 IVA Area 19 All Rentals-2 RL Rentals- 97 MEN■mossoli all MINES n® toll 111 ::':: ®® ®®® ®�s i ME III m Area 20 All Rentals 1 40/c oz ---------- pop PAP, • ,�� ' , OSBORN ��. III � : .� � �_. � C')-----bj--- co Lu co ��c n M.RSTON Fill IN pis PINS I ONE m NEI KIM MIN Types of Short-Term Rentals (STR)Single Family Residences and Potential Standards f Type of STR — Type 1 _� Bed&Breakfast* Type 2 Type 3 Hosted Home Share Home Share Vacation Rental Primary Residence Primary Residence I Primary Residence :Business/Investment Property Resident Occupied Resident Occupied Resident Occupied Not Resident Ocucpied Primary Resident Owner Required € No Resident Present(req. Description Present to be Present Primary Resident Present € Local Property Manager/Contact) Partial Dwelling Partial Dwelling Entire Dwelling Entire Dwelling Single-Family or Single-Family or Single-Family or Duplex € Single-Family,Multi-Family, Duplex Properties Duplex Properties Properties or Duplex Properties ......................._. ...___.___......___....____.. __.___. .___......_........___....__...�m._.___........,._._..__- m.._..__.._. __.__.m..._..........___. Maximum#of Bedrooms 2 I 5 No Limit No Limit Maximum#of i 5adults(Rental Code 2 adults per bedroom 2 adults per bedroom 1 5 adults Guests € occupancy standards) Numberof STRs...............................................................................1 guest contract..p.e.r_...E............................................................._........................ ............................_._......................................._._........ 1 guest contract 1 guest contract 1 guest contract Concurrently approved bedroom Maximum#of 90days/yr. No Maximum 90days/yr. No Maximum Days/Year Length of Stay 30 days max 30 days max i 30 days max,no consecutive = Minimum 30 days,depends on definition of use 1 owner,1 additional 1 owner, 1 per 1 per bedroom,minimum 2 Parking E 3 minimum (2totaI) bedroom spaces ___.____._..___._..__._...__..- ___._..._..._.._....._. __ -. ..._.......___._..___...._._...__._..___.._.._e__. _m......._ __ Signage none none none none Administrative € Administrative Approval Zoning Permitting A royal Special Use Permit i s Special Use Permit pP Rental Code Not Required,Self- Not Required,Self- Not Required Yes Required Registration Certification Checklist Certification Checklist _._._........................................................................._...................................................................................................... o................................................................_...._...._.............i.........................................................................__..._....... Renewal Bi-Annual None Bi-Annual Rental LOC Permitted as an Permitted by Special I Permitted as an Accessory Permitted by Special Use Accessory Use in the Use Permit in the Use in the Following Permit in the Following Following(primarily Following(primarily ;(primarily residential)Zones:1(primarily residential)Zones: Districts Allowing residential)Zones: residential)Zones: A,RL,RM,UCRM,RLP,RH,F- A,RL,RM,UCRM,RLP,RH,F- A,RL,RM,UCRM,RLP, A,RL,RM,UCRM,RLP, VR,FS-RL,FS-RM,F-PRD,S- I VR,FS-RL,FS-RM,F-PRD,S- RH,F-VR,FS-RL,FS- RH,F-VR,FS-RL,FS- I SMD,and NC. SMD,and NC. RM,F-PRD,S-SMD, RM,F-PRD,S-SMD, and NC. and NC. *Standards are simliarto current Zoning Ordinance A negative effect of allowing short term lodging in single-family zoning areas is that it removes a dwelling from the available housing inventory for a regular long term occupant. This could be a negative towards available housing supply and affordability in periods where there are low vacancy rates in single-family homes. The second negative effect could be the transient nature of the guests with no connection to the neighborhood, which does not support building community and neighborhoods through getting aquatinted and familiar with your neighbors. Staff believes absentee whole house rentals are more of business use than a household living use and should only be allowed in zones that permit short term lodging and not within single-family neighborhoods. Whole house rentals can be permitted when associated with a primary residence and should only be allowed as an accessory use to the primary residence. The premise for allowing for STR is that they are an accessory use to a principal residence as an owner occupied home that is not subject to the Rental Code. A principal residence would be based upon a definition identifying the home as the primary place of stay for a natural person householder with documents such as driver license, homestead tax credit, voter registration, etc. Corporations and other non-natural person entities could not meet this definition. This approach is similar to Denver and Ft. Collins Colorado approach of considering STR as accessory to residential dwellings. Staff proposes that if the duration of the stay exceeds 30 days, the property owner would need to comply with the Rental Code so as not to become a loophole of avoiding registering a rental dwelling. If a property owner wanted to rent the home for a more than 30 consecutive days, and is also present, they would also need to comply with the Rental Code. However, complying with the Rental Code would not exempt a property owner from needing to have occupants meet the length of stay requirement of 30 days or more to meet a household living use standard. Staff supports defining a home as principal residence and allowing STR as an accessory use. Staff believes allowing for the principal resident to either have a shared homestay or rental of a whole house in accordance with the requirements only reflected in Type 1 and Type 2 can be found to be consistent with the current Zoning Ordinance hierarchy of Household Living residential uses. If Council, concurs, Staff will work to develop a full ordinance reflecting your preference. This would be an amendment to the Zoning Ordinance and require a recommendation from the Planning and Zoning Commission prior to a public hearing with the City Council. s v ,�+ S 7771 � KaT i9 YN �g HAIWARQAVE -•••, ux th WELCH AVE , 40 Gk `tom ;. YMA'UE a y y z, rp A,w:. fn43'z CO.S!9 M1 '+ 1.5,2JJ t, .� � .$. t�x �.� � •�%' �s F`�to �. LP41 as cn` MSV ED)n . x R a ON AVE ta7 na, ..—v.`" tt AYE :, to �s y» ,., .'''. W, S 4 • ' '`�.. tom,. SOUTH CAMPUS AREA NEIGHBORHOOD ASSOCIATION ANNUAL MEETING March 4, 2018 AGENDA Welcome Remarks, Introductions Treasurer's Report, Collection of Dues Election of B and Members f Slate: ,f Preside t: Barbara Pleasants ,f Treasure VHuber7 Chi Colvin SecretaryMcJimsey MembersHorowitz Hitchcock*/ f Leslie I\awaler Fern Kup r *New Nominations om f ? The Crawford: Pre entation by the eveloper Occupancy Or, inane Changes Possible Campus-adjacent Neighborhood Zo ' g Overlay/Rental Cap Home Tour, Fall, 2018 Other Concerns of Attendees Mail Dues ($25) to: Chris Colvin 2132 Friley, 50014 Questions, Concerns? Contact Barbara Pleasants, 292-1075, pleasant@iastate.edu ORDINANCE NO. 4325 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OFTHE CITY OF AMES,IOWA,BY ENACTING A NEW CHAPTER 13,SECTION 13.303 THEREOF,FOR THE PURPOSE OF A TEMPORARY MORATORIUM ON ISSUANCE OF NEW RENTAL LETTERS OF COMPLIANCE; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY;AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by the City Council for the City of Ames,Iowa,that: Section One. The Municipal Code of the City of Ames,Iowa, shall be and the same is hereby amended by enacting a new Section as follows: DIVISION IH RENTAL REGISTRATION AND INSPECTION PROGRAM "13.303. TEMPORARY MORATORIUM ON ISSUANCE OF RENTAL LETTERS OF COMPLIANCE. (1) The purpose of this ordinance is to provide a temporary means to protect neighborhoods by preserving the current level of rental properties in certain neighborhoods in the City while the Council considers other options to address issues regarding the increasing number of rental units in certain residential neighborhoods. (2) A moratorium on the issuance of new rental Letters of Compliance for single-family and two-family homes is established and in effect within those areas of the City described in subsection(6). Except as noted in subsections(3) and(4)below,no new rental Letters of Compliance will be issued by the City during the moratorium period. (3) Nothing in this section shall be construed to prohibit a property owner with a current rental Letter of Compliance from renewing the Letter of Compliance during the moratorium period. Nothing in this section shall be construed to prohibit a property owner with a current rental Letter of Compliance from transferring the Letter of Compliance to a new owner if the property is sold during the moratorium period. (4) Property owners that have filed with the City a completed rental registration application or a pre-sale inspection form prior to the effective date of this section may continue with the process,and the City may issue a Letter of Compliance in such cases during the moratorium period. (5) During the moratorium,the City shall not issue a building permit under Chapter 5,Ames Municipal Code, which would result in an enlargement of single-family or two-family dwellings located within the area described in subsection(6):For purposes of this ordinance,"enlargement"is defined as:An increase in the volume of a building,an increase in the area of land or building occupied by a use,an increase in the number of bedrooms within a dwelling unit or an increase in the number of dwelling units.For group living uses,any alteration that allows an increase in the number of residents is considered an enlargement of the use. (6) The moratorium is effective within the areas of the City of Ames designated on the maps located on the following website:http://www.cityofames.org/moratorium. (7) The moratorium is effective until April 30,-2018,at which point this section shall become null,void,and of no future effect." Section Two.Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out by law. Section Three. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent of such conflict,if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 24`h day of October,2017. Diane R. Voss,City Clerk Ann H.Campbell,Mayor ORDINANCE NO.4332 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING SECTION 13.104 (1)(c), SECTION 13.201 TERM OF "FANHLY", SECTION 13.406(5)(a)(b)(c), SECTION 13.503(4),(5)AND ENACTING A NEW SECTION 13.104(1)(c),SECTION 13.406(5)(a)(b)(c)(d)(e)(f),SECTION 13.503(4)(a),(b),(c)(i)(ii),(d),(e)(i)(ii) (iii)(iv) THEREOF, FOR THE PURPOSE OF RESIDENTIAL OCCUPANCY;REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by the City Council for the City of Ames,Iowa,that: Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by enacting a new Section 13.104(1)(c),Section 13.406(5)(a)(b)(c)(d)(e)(f), Section 13.503(4)(a),(b),(c)(i)(ii),(d),(e)(i)(ii)(iii)(iv)as follows: "Sec.13.104. VIOLATIONS AND ENFORCEMENT. (1)Violations. (c) No person shall occupy,nor shall the owner or operator allow any persons to occupy,any dwelling unit in excess of the maximum occupancy permitted in this chapter. Xk�C See.13.406. EXTERIOR PROPERTY AREAS icic]F (5) Computation of required off-street parking spaces. Number and dimensions of off-street parking spaces must comply with standards in the Zoning Ordinance Section 29.406,and the following: (a) A parking space for each vehicle must be no less than 19 feet in length and 9 feet in width,and located upon an approved driveway that leads to the side or rear yard or to a garage.The area allocated for each vehicle must 6e available for parking at all times. Stacked parking for single family and two family dwellings is permitted for all required parking spaces. (b) Garage parking spaces shall be counted as approved off-street parking spaces if the required area for each vehicle is available for parking at all times. (c) Specific site conditions that may prevent compliance with these requirements shall be reviewed and may be approved on an individual case basis by the Building Official. (d) Single family or two family rental dwelling units with one, two, or three bedrooms shall have at least two off-street parking spaces. (e) Single family or two family dwelling units with four or more bedrooms shall have at least one off- street parking space for each bedroom accounted for in determining maximum occupancy. (f) Prior to May 1,2018,off-street parking spaces shall be limited to a garage,driveway or other legal parking spaces existing as of January 1,2018. Additional off-street parking spaces may be added after April 30,2018. Sec.13.503. OCCUPANCY LIMITATIONS The maximum occupancy for dwelling houses and apartment units shall be based upon compliance with all standards of the Code, including but not limited to parking spaces, area requirements,habitable space requirements, and the following: (4) Limits based on Zoning District-Maximum Occupancy (a) In all cases,each dwelling unit shall provide habitable floor space totaling at least eighty (80)square feet for the first occupant and sixty(60)square feet for each additional occupant. (b) For Dwelling Houses,where permitted as a use in the Zoning Ordinance,the maximum occupancy of a dwelling unit shall be one more adult than the number of bedrooms,up to five adults,provided there is one parking space per bedroom for units with two bedrooms or more,or in University Impacted areas 1.25 parking spaces per bedroom in units with two or more bedrooms,and one bedroom units shall have 1.5 parking spaces per unit. (c) Apartments in Residential Zones. (i) The maximum occupancy is one more adult than the number of bedrooms, up to five adults,provided there is one parking space per bedroom for units with two bedrooms or more, or in University Impacted areas 1.25 parking spaces per bedroom in units with two or more bedrooms,and one bedroom units shall have 1.5 parking spaces per unit. (ii) Provided,however,that with respect to dwelling units that,as of May 1,2000, had a current Letter of Compliance stating an occupancy limit greater than the aforesaid,such occupancy limit shall be allowed to continue until such time as negated by a change of use or conditions in the property that would restrict the number of occupants in accordance with this subsection. (d) Apartment Buildings Commercial Zoning. Maximum occupancy is one more adult than the number of bedrooms, up to five adults, when parking is provided consistent with the Zoning standards and Site Development Plan approval. (e) The maximum occupancy for a single-family or a two-family dwelling unit shall be based upon compliance with all standards of the Code, including but not limited to parking spaces, area requirements, habitable space requirements,and the following: (i) Three adult occupants for one,two and three bedroom dwelling units. (ii) One adult occupant per bedroom,with a maximum of five adult occupants,for dwelling units with four or more bedrooms. (iii) For rental dwelling units registered as of January 1, 2018, the number of bedrooms for determining maximum occupancy shall be determined by the number of bedrooms listed in the records of the Ames City Assessor as of January 1,2018,or by the number of bedrooms reflected in the inspection records of the City of Ames Inspections Division as of January 1,2018,whichever number is higher. (iv) For rental dwellings for which a registration is being sought after January 1, 2018, the number of bedrooms for determining maximum occupancy shall be determined by an inspection by the Inspections Division." Section Two.Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out by law. Section Three. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent of such conflict,if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 9th day of January,2018. Diane R.Voss,City Clerk John A.Haila,Mayor