HomeMy WebLinkAboutA004 - Staff Report dated January 8, 2020 ITEM #: 5
DATE: 01/08/20
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: January 3, 2020
CASE FILE NO.: SUP-000800
REQUEST: A Special Use Permit for Guest Lodging to allow a Vacation Lodging use, for
the property located at 922 Wilson Avenue within the "RM" Residential Medium
Density Zoning District and the "O-SFC" Single Family Conservation Overlay
Zoning District
PROPERTY
OWNER: Blessings House. LLC (Marcy Ryken)
LOCATION: 922 Wilson Avenue
ZONING: 'RM" Residential Medium Density &
"O-SFC° Single Family Conservation Overlay
BACKGROUND AND PROJECT DESCRIPTION:
The requested Special Use Permit for Guest Lodging is to allow a Vacation Lodging use in a Single
Family Detached Home located at 922 Wilson 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 site is located within the "RM" Residential Medium Density Zoning District and the 'O-SFC" Single
Family Conservation Overlay Zoning District. The dwelling is a two-bedroom home planned. The
applicant initially requested occupancy of two adults per bedroom for a total of four. However,
occupancy limits for a two bedroom home are three adults by Code. Approval of Special Use Permit
would limit the use to both bedrooms of the home for a maximum occupancy of three adults.
The property owner describes the operations of the Vacation Lodging as follows:
The property will be listed on Airbnb as an "Entire Place." Guests will book and agree to the terms
and policies of the rental, these include no pets and cleanliness expectations. Guests will receive
a lock code valid for their stay. The owner will communicate with them. and occasionally meet
them upon check-in. Check-in is after 3:00 pm and check-out is at 11:00 am. Parking will be in the
driveway.
The property has a one-car detached garage and can accommodate four stacked parking spaces in
the paved driveway that meet the minimum dimensions of 9' x 19'. Vacation Lodging requires one
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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.
The property has a three-year Letter of Compliance, issued on November 13, 2018, and will expire on
November 15, 2021.
Although there is no specific zoning separation requirement in the Zoning Ordinance, there is a 1,000-
foot separation distance applied during review of the subsequent 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 Zoning Ordinance states the following Guest Lodginq 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.
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(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 Zoninq Ordinance states the followinq:
(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.)
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(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 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 site plan 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 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.
(i i) 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 located in a single-family, residential neighborhood and has
single-family neighbors all sides. The applicant has indicated a commitment to maintaining the
property as a single-family dwelling in appearance and character. The maximum level of
occupancy is three adult guests in the two-bedroom home. The intensity of use is similar to the
surrounding 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 will prohibit establishment of an additional
facility within 1,000 feet of this site. unless that facility is 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 difference in use between the single-family and guest lodging is the
frequency with which the occupants change: guest stays are of a much shorter duration than
typical rental or ownership occupancies. City standards, however, require guest stays to be
coordinated with one contract and to not be individually rented to different groups/individuals
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at the same time. The applicant indicates that guests are expected to be respectful of the
neighborhood and the property.
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.
Findings of Fact: The proposed use will not create an intensification of use. The change will be
how long a family or group occupies an existing house.
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 proposed use will not create an intensification of use.
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 raise any of the above
concerns. The primary difference between guest lodging and owner/long-term rental
occupation is the frequency of turnover.
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: Both "RM'' Residential Medium Density Zoning District and the
Single Family Conservation Overlay Zoning District allow for Vacation Lodging with a Special
Use Permit. The base zone allows a mix of Single Family, Two-Family. and Multi-Family uses
allowable uses. The overlay contains design requirements based upon traditional single-family
design features and limits the intensification of multi-family dwellings. Limited allowances for
special uses are allowed to maintain neighborhood character. This use will operate under the
occupancy limitations of the Code, so that the impact will be no greater than that of a single-
family household living use. The former use as a single-family home can be reverted to if and
when the Vacation Lodging ceases.
Conclusions: Therefore, it can be concluded that the use meets General Standard (vii) for
a Special Use Permit.
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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: Occupancy restrictions will limit the number of guests, thereby helping to
reduce the number of vehicles
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: This use will operate largely in the same manner as a private home, but with
shorter residencies. This neighborhood has a gridded street pattern with traffic patterns typical
of routes going in multiple directions. The use itself is unlikely to have different travel patterns
than a typical residential dwelling and will have not different expectations of service trips in the
area.
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: There will be no truck traffic for the proposed use.
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 hours will be the same as for any single-family residence.
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: The dwelling will be available continuously for guests. The applicant expects
guests to comport themselves as a resident family.
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 the size of parking areas will allow for full
occupancy of the site consistent with the Ames Municipal Code in manner that is also
consistent with the surroundings. The existing home is entirely compatible with the building
pattern of the area.
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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: There will be no changes to the structures or site.
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 November 13. 2018 and will not expire until November 15, 2021.
Note that the current requirement for parking does not permit stacked parking to accommodate
the second required guest parking space, however. the City Council is considering approval
on third reading on January 14" of a change to the ordinance to allow for additional stacked
parking. 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.
ALTERNATIVES:
1 The Zoning Board of Adjustment can approve this request for a Special Use Permit for Guest
Lodging at 922 Wilson Avenue to allow a Vacation Lodging use in the "RM" Residential Medium
Density Zoning District and the "O-SFC" Single Family Conservation Overlay 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 the following stipulations reflective of Chapter 13 — Rental Housing
standards for guest lodging:
• Off-Street Paved Parking Spaces required: 2
• Maximum Number of Guest Bedrooms allowed: 2
• 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 additional licensing and
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 922 Wilson Avenue to allow a Vacation Lodging use in the "RM" Residential Medium
Density Zoning District and the 'O-SFC" Single Family Conservation Overlay Zoning District by
adopting the findings and conclusions noted above with different conditions than stated above.
3. The Zoning Board of Adjustment can deny this request for a Special Use Permit for Guest Lodging
at 922 Wilson 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.
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RECOMMENDED ACTION:
Staff concludes that the proposed Guest Lodging Vacation Lodging use, at 922 Wilson 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 four adults, Chapter 13 — Rental Housing limits
occupancy to 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, 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.
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Attachment 'A'
Location & Zoning Map
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Attachment `B'
Site Plan
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