HomeMy WebLinkAboutA005 - Staff Report dated January 8, 2020 ITEM #: 6
DATE: 1-08-2020
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: December 30. 2019
CASE FILE NO.: SUP-000809
REQUEST: A Special Use Permit for Guest Lodging to allow a Bed & Breakfast use,
for the property located at 1405 161h Street within the "RL" Residential Low
Density Zoning District.
PROPERTY
OWNER: Jeff & Penny Hart
LOCATION: 1405 16"' Street
ZONING: "RL' Residential Low Density
BACKGROUND AND PROJECT DESCRIPTION:
The requested Special Use Permit for Guest Lodging is to allow a Bed & Breakfast Establishment
use in a Single Family Detached Home, located at 1405 16th Street (Attachment A). A Bed and
Breakfast is a type of Guest Lodging where the proprietor of the business has their primary
residence in the dwelling and is present during the operation of the use. The proposed use is not
considered a rental property and is not subject to the City's Rental Code.
There are currently three legal bedrooms existing in the dwelling unit as indicated by the applicant
(Attachment B). The applicant is requesting approval of two bedrooms for Guest Lodging. which
would allow for two adults per bedroom for a total of four adults as guests at any one time.
The property owner describes the operations of the business as follows
"Maintain property, clean guest areas, provide clean bedding and linens. Check-in/out:
greet in person and/or communicate with AirBnB app messaging, provide codes for
electronic entry to house and guest rooms. along with parking and acclimation instructions.
Will not be providing breakfast. Neighbors are not even presently aware that we host
AirBnB guests; our home is serene, peaceful, and our guests are some often top citizens
of the nation and world who make Ames a better place by being here."
The property includes a two-car attached garage and allows for two additional stacked driveway
parking spaces that meet the minimum dimensions of 9' x 19'. The driveway is paved. Bed &
Breakfast Establishments are required to have 'reserved" guest parking. 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 change 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. This arrangement would satisfy the Guest
Lodging code requirement for Bed & Breakfast Establishments, which requires one reserved
space per guest bedroom, plus one space for the owner.
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 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.
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.)
(a) 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 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: Gear-No. 9 of the Land Use
and d+very+ffsation of the eGeRGMY. VaGatiE)R LedgiRg is a use that has gained in popularity
and streRgth on Gities reughout the GGuntry.
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 proposed use will not alter the appearance of the home and the use
will remain residential. though the occupancy increase will be of an occasional short
duration. There will be no signage.
Findings of Fact: The operation of the use will include the coming and going of guests,
however there is an onsite proprietor for the use. The property is situated upon a street
block that consists of single-family dwellings and a driveway to the Bethesda Lutheran
Church. The homes very similar in scale and site layout with driveway access to parking
directly from the street. The applicant indicates that the property will continue to be 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 ef
OGGUpanGyv ree add+guests in the three bed-room home. The intensity of use is similar
in nature to the surrounding scale of the neighborhood. .
Conclusions Therefore, it can be concluded that the use meets General Standard (ii)
for a Special Use Permit.
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. The home will be occupied by the owners and will occasional guests. The
single-family home will be maintained as peaceful, serene, and safe.
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.
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 the need for additional public services
or facilities. The house will occupy no more than the number of people it was built to
accommodate.
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 proposed use will not expand the size of the structures on the
property. nor will it significantly alter the use.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.
Conclusions. Therefore, it can be concluded that the use meets General Standard
(vi) for a Special Use Permit.
i
(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 Bed & Breakfast will never have more occupancy than the
home was designed for and will not exceed the number of permitted rooms and guests.
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: Occupancy restrictions will limit the number of guests, thereby helping
to manage the number of vehicles and related trips. There will be no influx of traffic as a
result of the use. Travel will be of the same nature as the homes around it.
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: Two additional guests automobiles would not result in a travel pattern
that is atypical from other residential homes in the neighborhood. 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, deliveries,
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: 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 residenGe.
Findings of Fact: The dwelling will be available continuously for guests. The applicant
believes the business operations of guest lodging is very similar in the level of activity
associated with a home. The B&B does no host parties or includes other activities beyond
the renting of two bedrooms. The operator is present on site to respond to complaints.
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 physical house will remain as it is with an internal layout conducive
to single-family living. It is the primary residence of the property owner, so there is no loss
of residential lands.
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: There will be no changes to the home or the detached garage. The
orientation of the home is similar to all other homes on the street block.
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.
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. A B&B use is not considered rental property as it is an owner occupied
property used for short term lodging, not as a household living rental property. 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 1411 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.
ALTERNATIVES:
1. The Zoning Board of Adjustment can approve this request for a Special Use Permit for Bed &
Breakfast at 1405 16th Street in the "RL" Residential Low Density Zoning District by adopting
the findings and conclusions noted above with the condition that 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:
o Off-Street Paved Parking Spaces required: three
o Maximum Number of Guest Bedrooms allowed: two
o Maximum Number of Adult Guests allowed: four
o One year of disuse will render this Special Use Permit expired and void.
o 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. This The Zoning Board of Adjustment can approve this request for a Special Use Permit for
Bed & Breakfast at 1405 16th Street in the "RL" Residential Low Density 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 Bed &
Breakfast at 1405 16th Street in the "RL" Residential Low Density Zoning District 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.
RECOMMENDED ACTION:
Staff concludes that the proposed Bed & Breakfast Establishment at 1405 16th Street 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 Bed & Breakfast
use will operate in manner that is compatible with the surrounding uses and not cause a nuisance
to adjacent neighbors.
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
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RECEIVED
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