HomeMy WebLinkAboutA004 - Master correct. Original attached master was incorrect file. ITEM #: 4
DATE: 01-08-2020
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: January 3, 2019
CASE FILE NO.: SUP-000797
REQUEST: A Special Use Permit for Guest Lodging to allow a Vacation Lodging use,
for the property located at 1014 Ash Avenue within the "RL" Residential
Low Density Zoning District.
PROPERTY Charles & Kathryn Nicholson
OWNER:
LOCATION: 1014 Ash Avenue
Ames. Iowa 50014
ZONING: "RL" Residential Low Density Zoning District
BACKGROUND AND PROJECT DESCRIPTION:
The requested Special Use Permit for Guest Lodging is to allow a Vacation Lodging use for a
three-bedroom Single Family Detached Home located at 1014 Ash Avenue. Vacation Lodging is
a term that applies to the use of a single-family dwelling as Guest Lodging, which is a short term
lodging use rather than household living. There are different categories/types of Guest Lodging
allowed within the City. Vacation Lodging is a type of use that allows a dwelling to be used for
guest stays of up to 31 days without the property owner being present. The property must also
be registered as rental property consistent with standards of the Ames Municipal Code. Note that
the if the Special Use Permit is approved, the use of the property for Guest Lodging requires
compliance with licensing requirements of Chapter 35 of the Ames Municipal Code (AMC).
The applicant is requesting approval of a three-bedroom dwelling with all three bedrooms for
Guest Lodging and five adults as guests. The request for five adults is not consistent with the
occupancy standards of the Ames Municipal Code that state no more than three adult
occupants for three-bedroom dwelling units are permitted. Approval of this request would
require a stipulation noting the occupancy limitations of the AMC, in this case three adults for a
three-bedroom home.
The property owner describes the operations of the business as follows.
The property owner is currently working out of the country for an extended period of time
and wishes to make his home available for Vacation Lodging. His daughter who resides
in Ames is the property manager. The dwelling would be available for all days as Vacation
Lodging.
The owner/manager will be involved in all aspects of managing the business through the
AirBnB platform, allowing for online check-in and check-out. Impact on neighbors will be
minimal because the property has adequate space between it and adjacent properties.
Guests will be required to follow rules, including no parties or loud events.
The property includes a two-car attached garage and allows for four additional stacked parking
spaces on the driveway that meet the minimum dimensions of 9' x 19'. The driveway is paved.
Vacation Lodging requires one parking space per approved bedroom. At this time, the City
Council is the process of revising parking standards (AMC Section 29.406(8)) to allow stacked
parking for single-family and two-family dwellings that would permit approval of three parking
spaces for this property. The third reading for approving this proposed changes is scheduled for
January 14th. Staff has included a condition that the SUP approval is contingent on the adoption
of the amendment to the ordinance for parking.
Although there is no specific zoning separation requirements in the Zoning Ordinance, there is a
1,000-foot separation distance applied during review of the license application. At this time, there
are no licensed Vacation Lodging single-family or two-family property within 1000-feet of the
applicant.
In establishing the 1000-foot separation requirement, the City Council also established an initial
exemption period, which included only applications submitted prior to December 16, 2019. This
property will qualify for the exemption if the Special Use Permit is approved and if the application
for the Guest Lodging License is received within 30 days of the SUP approval. Exemption from
the separation requirement will terminate if the Guest Lodging license for the unit is suspended,
revoked, or lapses. Exemption from the separation requirement is not transferrable to any
subsequent owner of the property.
PUBLIC NOTICING:
Notification was made to all owners of property within 200 feet. A notice of public hearing was
placed on the property and published in the newspaper.
APPLICABLE LAW:
Section 29.1302 of the Zoninq Ordinance states the following Guest Lodging Requirements:
(1) Non-Conforming Uses. Any Apartment Dwelling that is a non-conforming use within its
zoning district shall not be approved as Vacation Lodging.
(2) Special Use Permit.
(a) Bed & Breakfast Establishments and Vacation Lodging must obtain a Special Use
Permit from the Zoning Board of Adjustment prior to receiving a Guest Lodging
license.
(b) Exemptions. Apartment dwellings located in certain zoning districts are exempt from
the Special Use Permit requirement. These zoning districts include: F-PRD, F-VR,
RM, RH, FS-RM, NC, CCR, DSC, CSC, O-LMU and DGC. This exemption does not
apply to apartment dwellings located in zoning district RM/O-SFC.
(c) Properties requiring a Letter of Compliance (LOC) must have registered for their
LOC and have completed their initial LOC inspection, prior to applying for a Special
Use Permit.
(d) The Special Use Permit is not transferable to a subsequent owner or to another
property-
(e) The Special Use Permit shall be deemed expired and void after a one-year period of
disuse of the dwelling unit for guest lodging purposes or upon nonrenewal of a guest
lodging license.
(3) Additional Vacation Lodging Restrictions.
(f) Vacation Lodging is not permitted as a second principal use on a site with a single-
family dwelling.
(g) Only one Vacation Lodging unit may be established for a property with a two-family
dwelling.
(h) No Vacation Lodging use may be established on the ground floor of a commercial
building or mixed use building.
(4) Guest Rooms.
(a) Bed & Breakfast Establishments may have no more than five approved guest
bedrooms. The Zoning Board of Adjustment will determine the number of bedrooms
specific to the dwelling unit.
(b) Vacation Lodging must be consistent with the occupancy limitations of the Ames
Municipal Code Section 13.503. No Vacation Lodging shall exceed a total of five
adults per dwelling unit.
(5) Off-Street Parking Requirements.
(a) Bed & Breakfast Establishments must have one reserved space per guest room, plus
one space for the owner.
(b) Vacation Lodging must provide one parking space per guest bedroom, with a
maximum of five spaces required; an apartment dwelling in a zoning district with less
parking required is not subject to this standard.
(c) The parking spaces shall meet standards established by Section 29.406 of this
ordinance.
(6) Local and State Regulations. The Guest Lodging establishment must comply with local
and state regulations regarding all applicable permits and licenses including, but not
limited to fire, health, food service, hotel, liquor, revenue, building/zoning permits and
licenses.
Section 29.1503(4)(a),(b), and (e) of the Zoning Ordinance states the following:
(4) Review Criteria. Before a Special Use Permit application can be approved, the Zoning
Board of Adjustment shall establish that the following general standards, as well as the
specific standards outlined in subsection (c) below, where applicable, have been or shall
be satisfied. The Board's action shall be based on stated findings of fact. The conditions
imposed shall be construed as limitations on the power of the Board to act. A mere finding
that a use conforms to those conditions or a recitation of those conditions, unaccompanied
by specific findings of fact, shall not be considered findings of fact for the purpose of
complying with this Ordinance.
(a) General Standards. The Zoning Board of Adjustment shall review each application
for the purpose of determining that each proposed use meets the following
standards, and in addition, shall find adequate evidence that each use in its
proposed location will: (The standards are listed in this report below.)
(b) Residential Zone Standards. The Zoning Board of Adjustment shall review each
application for the purpose of determining that each proposed use in a residential
zone meets the following standards... (The standards are listed in this report below.)
(e) Conditions. The Board may impose such additional conditions it deems necessary
for the general welfare, for the protection of individual property rights, and for
ensuring that the intent and objectives of this Ordinance will be observed.
STATEMENT OF APPLICANT IN SUPPORT OF PROPOSAL: The applicant has provided the
attached application and site plan including statements as to how the proposed Guest Lodging
use meets the requirements for a Special Use Permit.
FINDINGS OF FACT & CONCLUSIONS:
Based upon the submitted information and plans provided in the application, the following findings
of fact and conclusions may be made regarding the standards of approval.
General Standards.
(i) Be harmonious with and in accordance with the general principles and proposals
of the Land Use Policy Plan (LUPP) of the City.
Findings of Fact: The LUPP emphasizes the values of sense of place and connectedness
within a neighborhood and the overall community. The applicant indicates that the
Vacation Lodging use will provide opportunities for visitors to Ames and Iowa State
University to experience a local community near the campus, according to the values of
diversity and connectedness expressed in the LUPP.
The LUPP describes an intent to accommodate a range of uses in the community, both
residential and commercial, with an appropriate development process to ensure
compatibility. The LUPP does not address the specific type of use, Guest Lodging, but
instead describes the types of use planned for residential areas. The proposed use is
located within a single-family dwelling that is consistent with the low density residential
designation and is approvable by a Special Use Permit, as defined within the Zoning
Ordinance that implements the LUPP.
Conclusions: Therefore, it can be concluded that the use meets General Standard (i)
for a Special Use Permit.
(ii) Be designed, constructed, operated and maintained so as to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and that such a use will not change the essential character of the area in
which it is proposed.
Findings of Fact. The property is situated across from ISU athletics facilities and has
residential neighbors only on its side of the street. The applicant indicates that the
business is committed to maintaining the property as a single-family dwelling which will
not deviate in appearance or character from that which generally characterizes the single-
family dwellings in the area. The maximum level of occupancy is three adult guests in the
three-bedroom home. The intensity of use is similar in nature to the surrounding scale of
the neighborhood. As one of the first Vacation Lodging requests under the new Zoning
Standards, there are no existing similar businesses in the area. Once established as
Vacation Lodging, the City's current licensing requirements would prohibit establishment
of an additional facility within 1,000 feet of this site unless that facility was eligible for an
exemption.
Conclusions: Therefore, it can be concluded that the use meets General Standard (ii)
for a Special Use Permit.
(iii) Not be hazardous or disturbing to existing or future uses in the same general
vicinity.
Findings of Fact: The primary difference of use is the frequency of changing occupants,
with the guest stays being of a much shorter duration than typical rental or ownership
occupancies. However, City standards require the guest stays to be coordinated with one
contract and to not be individually rented to different groups/individuals at the same time.
The applicant indicates that the business operations will include rules that require guests
to refrain from behavior and conditions that may disturb neighbors, including the hosting
of parties or loud events.
Conclusions: Therefore, it can be concluded that the use meets General Standard
(iii) for a Special Use Permit.
(iv) Be served adequately by essential public facilities and services such as highways,
streets, police, fire protection, drainage structures, refuse disposal, water and
sewage facilities, and/or schools.
Findinqs of Fact: The applicant indicates that the business will operate with limitations on
the number of temporary guests and parking spaces, such that the use of public facilities
and services will be no greater than that of a family permanently residing on the property.
Conclusions: Therefore, it can be concluded that the use meets General Standard
(iv) for a Special Use Permit.
(v) Not create excessive additional requirements at public cost for public facilities or
services.
Findings of Fact: The business will operate under the occupancy limitations of the code
so that it's impact on public facilities is no greater that a single-family household living use.
Therefore, no additional demand or requirement will be expected from public facilities or
services.
Conclusions: Therefore, it can be concluded that the use meets General Standard (v)
for a Special Use Permit.
(vi) Not involve uses, activities, processes, materials, and equipment or conditions of
operation that will be detrimental to any person, property, or general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
Findings of Fact: The provision of guest lodging does not generally include any of the
concerns raised above. The primary difference for the proposed use compared to a
household living use is the frequency of guests coming and going. Nevertheless, the
applicant indicates that the business will require that guests comply with a number of rules,
including those that would prevent creating harm or inconvenience to neighbors through
excessive production of traffic, noise, smoke, glare, or odors.
Conclusions: Therefore, it can be concluded that the use meets General Standard
(vi) for a Special Use Permit.
(vii) Be consistent with the intent and purpose of the Zone in which it is proposed to
locate such use.
Findings of Fact: The site is within a Residential Low Density zone. This zone is primarily
intended for single-family dwellings and household living uses. The use is proposed within
a single-family dwelling. Limited allowances for special uses are allowed to maintain
neighborhood character. The business will operate under the occupancy limitations of the
Code, so that it's impact will be no greater than that of a single-family household living
use.
Conclusions: Therefore, it can be concluded that the use meets General Standard
(vii) for a Special Use Permit.
Residential Zone Standards.
(i) Not create excessively higher levels of traffic than the predominant pattern in the
area and not create additional traffic from the proposed use that would change the
street classification and such traffic shall not lower the level of service at area
intersections.
Findings of Fact: The business will operate under the occupancy limitations of the code
so that it's impact on traffic will be no greater than that of a single-family household living
use.
Conclusions: Therefore, it can be concluded that the use meets Residential Standard
(i) for a Special Use Permit.
(ii) Not create a noticeably different travel pattern than the predominant pattern in the
area. Special attention must be shown to deliveries or service trips in a residential
zone that are different than the normal to and from work travel pattern in the
residential area.
Findings of Fact: The supportive business operations related to guest lodging do not imply
service trips that are different than what would be the case for a single-family dwelling,
like lawn maintenance services and household repairs and maintenance.
Conclusions: Therefore, it can be concluded that the use meets Residential Standard
(ii) for a Special Use Permit.
(iii) Not generate truck trips by trucks over 26,000 g.v.w. (gross vehicle weight) to and
from the site except for waste collection vehicles, food delivery vehicles, and
moving vans.
Findings of Fact: The business operations related to guest lodging will not include truck
traffic by vehicles that exceed 26,000 g.v.w.
Conclusions: Therefore, it can be concluded that the use meets Residential Standard
(iii) for a Special Use Permit.
(iv) Not have noticeably different and disruptive hours of operation.
Findings of Fact: The dwelling will be available continuously for guests. The applicant
believes the business operations of guest lodging includes rules and rhythms that are
similar to those of a family. In the rare event, when check-in and check-out time are outside
normal working hours, online mechanisms are in place to reduce disruption of neighboring
properties.
Conclusions: Therefore, it can be concluded that the use meets Residential Standard
(iv) for a Special Use Permit.
(v) Be sufficiently desirable for the entire community that the loss of residential land is
justifiable in relation to the benefit.
Findings of Fact: Although the Vacation Lodging use results in a reduction of available
housing for household living use, the land will remain residential and the use can revert
back to a single-family home with a household living use at any time.
Conclusions: Therefore, it can be concluded that the use meets Residential Standard
(v) for a Special Use Permit.
(vi) Be compatible in terms of structure placement, height, orientation, or scale with the
predominate building pattern in the area.
Findings of Fact: The applicant is not proposing any changes to the existing single-family
residential dwelling. The orientation of the home and size of parking areas will allow for
full occupancy of the site consistent with the AMC in manner that is also consistent with
the surroundings. The existing home is entirely compatible with the building pattern of the
area.
Conclusions: Therefore, it can be concluded that the use meets Residential Standard
(vi) for a Special Use Permit.
(vii) Be located on the lot with a greater setback or with landscape buffering to minimize
the impact of the use on adjacent property.
Findings of Fact: For the particular single-family dwelling where the business will operate,
the landscape buffering in the back and the existing distance on the sides is sufficient to
minimize any impact to the adjacent property.
Conclusions: Therefore, it can be concluded that the use meets Residential Standard
(vii) for a Special Use Permit.
(viii) Be consistent with all other applicable standards in the zone.
Findings of Fact: The request is made with the understanding that all applicable standards
have been met, including the standards that are required for a Letter of Compliance, which
was issued on July 5, 2016 and will not expire until July 5, 2020. Note that the current
requirement for parking does not permit stacked parking to accommodate the third
required guest parking space, however, the City Council is considering approval on third
reading on January 14th of a change to the ordinance to allow stacked parking that will
apply to Guest Lodging uses. This Special Use Permit request may be approved with a
condition that the Special Use Permit is contingent on City Council approving the proposed
changes.
Conclusions: Therefore, it can be concluded that the use meets Residential Standard
(viii)for a Special Use Permit with a specific condition regarding parking standards.
ALTERNATIVES:
1. The Zoning Board of Adjustment can approve this request for a Special Use Permit for Guest
Lodging at 1014 Ash Avenue to allow a Vacation Lodging use in the "RL" Residential Low
Density Zoning District by adopting the findings and conclusions noted above with the
condition that the Special Use Permit is not approved until the proposed changes to stacked
parking within the Zoning Ordinance is approved and published and with the following
stipulations reflective of the AMC guest lodging standards:
• Off-Street Paved Parking Spaces required: 3
• Maximum Number of Guest Bedrooms allowed: 3
• Maximum Number of Adult Guests allowed: 3
• One year of disuse will render this Special Use Permit expired and void.
• The Special Use Permit is not transferrable to any subsequent owner of the property.
Additionally, operation of the Vacation Lodging use is subject to the requirements of the Ames
Municipal Code, including the Rental Code and Guest Lodging Code.
2. The Zoning Board of Adjustment can approve this request for a Special Use Permit for Guest
Lodging at 1014 Ash Avenue to allow a Vacation Lodging use in the "RL" Residential Low
Density Zoning District by adopting the findings and conclusions noted above with different
conditions and/or stipulations than stated above.
3. The Zoning Board of Adjustment can deny this request for a Special Use Permit for Guest
Lodging at 1014 Ash Avenue by finding that the project does not meet the criteria of Section
29.1302 and Section 29.1503(4)(a), (b), and (e).
4. The Zoning Board of Adjustment can refer this request back to the applicant or to City staff for
additional information or defer a decision until the City Council has completed the stacked
parking Zoning Ordinance change.
RECOMMENDED ACTION:
Staff concludes that the proposed Guest Lodging Vacation Lodging use, at 1014 Ash Avenue is
consistent with the requirements for a Special Use Permit for Guest Lodging and with the general
and specific residential standards required for granting a Special Use Permit. The Guest Lodging
use will operate in manner that is compatible with the surrounding uses and not cause a nuisance
to adjacent neighbors.
Although the applicant requested occupancy for five adults, the limitation by AMC standards is for
three adults and is noted as a stipulation for the Permit.
Additionally, staff believes that in order for the proposal to be consistent with pertinent standards
Y P P
a condition must be included that the Permit is not approved unless the City Council completes
the Zoning Ordinance amendment to parking standards for stacked parking.
The 1000-foot separation distance will be applied during review of the license application. If
however, the property is granted a Special Use Permit, it may qualify for exemption from the 1000-
foot separation distance, if an application for a Guest Lodging License is submitted within 30 days
of the SUP approval.
Therefore, based upon the Findings of Fact and Conclusions above, it is the
recommendation of the Department of Planning and Housing that the Zoning Board of
Adjustment act in accordance with Alternative #1.
Attachment `A'
Location & Zoning Map
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Attachment `B'
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