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HomeMy WebLinkAboutA004 - Staff Report dated January 15, 2020 (2) ITEM #: 5 DATE: 01-22-2020 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: January 15, 2020 CASE FILE NO.: SUP-000808 REQUEST: A Special Use Permit for Guest Lodging to allow a Vacation Lodging use, for the property located at 504 Stanton Avenue within the "RL" Residential Low Density Zoning District. PROPERTY MPM. LLC (Brian & Patricia Meese) OWNER: LOCATION: 504 Stanton 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 in a Single Family Detached Home located at 504 Stanton Avenue. The site is located within the "RL" Residential Low Density Zoning District. Vacation Lodging is a term that applies to the use of a 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 two-bedroom dwelling with both bedrooms planned for Guest Lodging and four adults as guests. The request for four adults is not consistent with the occupancy standards of the Ames Municipal Code Section 13.503 that states no more than three adult occupants may be permitted for a two-bedroom dwelling unit. Approval of this request requires a stipulation noting the occupancy limitations of the AMC. in this case three adults for a two-bedroom home. The property owner describes the operations of the business as follows. "Two bedroom home available to guests via Airbnb with keypad entry instructions provided on Airbnb site. Space available for 4 adults, parking for 2-4 cars in driveway." (Note: Guest Lodging occupancy standards restrict the number of permitted adult guests to 3.) The finished area of the home is on the first level. The second level includes a small area of 1 unfinished-unused space and the basement is unfinished space for laundry and utilities. Parking must comply with the dimensional, location, and surfacing requirements of Section 29.406 of the Zoning Ordinance. Generally, parking is not allowed to be located between the building and the street, however, the standards include an exception that will allow stacked parking to count toward the minimum parking requirement for a single-family dwelling. The property includes a detached garage that is used for storage. The property includes a concrete driveway with a parking area 18'-9" x 23'-9". The entrance to the house is in the middle of the home directly off of the parking area. The parking area will accommodate the two required 9'xl9' parking spaces as side-by-side spaces in the parking area, or as one stacked space in the driveway with one space in the parking area, while maintaining a landing area in front of the entrance. The property has a Three-Year Letter of Compliance (Permit #0000003727 SF) that was issued on December 3, 2018. It will expire on December 3, 2021. Although the Zoning Ordinance does not include any specific separation requirements, a 1,000- foot separation distance requirement will be 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. 2 (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 3 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 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 emphasizes the values of sense of place and connectedness within a neighborhood and the overall community and emphasizes the values of diversity and connectedness. The Vacation Lodging use will provide opportunitites for visitors to Ames and Iowa State University to experience a local community near the campus. according to the values expressed it 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. 4 Findings of Fact: The applicant indicates that the property has been recently improved (shingles. paint, landscaping.etc.) and that the property is being maintained at a standard above the surrounding properties, which establishes a higher quality standard for the area. The property is located at the corner of Baker St. and Stanton Av. and has residential neighbors on all sides. The maximum level of occupancy is three adult guests in the two- 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. 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 property is on the corner of Baker Street and Stanton Avenue. Easy access to police, fire protection, and other services are already in place. The business will operate under the occupancy limitations of the code so that it's impact on 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 facilitities 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. 5 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 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. The property has been a rental property for many years and the applicant states that he intends to continue this use in an improved quality manner relative to its previous condition and use. Conclusions Therefore, it can 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 its impact on traffic will be no greater than that of a single-family household living use. One to two vehicles are likely to be in use as guest occupy the property (same as if a private home). 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. No unusual travel will occur 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. 6 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. Standard hours of use will apply. 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 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: : 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 and what has been in existence for decades. 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 December 3, 2018 and which will not expire until December 3, 2021. The property has been upgraded from previous use and maintenance conditions. Conclusions: Therefore, it can be concluded that the use meets Residential Standard (viii) for a Special Use Permit. 7 ALTERNATIVES: 1. The Zoning Board of Adjustment can approve this request for a Special Use Permit for Guest Lodging at 504 Stanton 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 following stipulations reflective of the AMC guest lodging standards: • 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 transferable 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. Receipt and annual renewal of a Guest Lodging License is required. Operation of a Guest Lodging use without an active Guest Lodging License is a violation of City code. 2 The Zoning Board of Adjustment can approve this request for a Special Use Permit for Guest Lodging at 504 Stanton Avenue to allow a Vacation Lodging use in the "RL" Residential Low Density Zoning District by adopting the findings and conclusions noted above with conditions and/or different stipulations than stated above. 3. The Zoning Board of Adjustment can deny this request for a Special Use Permit for Guest Lodging at 504 Stanton 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. RECOMMENDED ACTION: Staff concludes that the proposed Guest Lodging Vacation Lodging use, at 504 Stanton 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, the limitation by AMC standards is for three adults and is noted as a stipulation for the Permit. The 1000-foot separation distance will be applied during review of the license application. Due to other pending applications this property may be within 1000 feet of other Vacation Lodging estblishments at the time of licensing. 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. 8 Attachment `A' Location & Zoning Map a _ S-GA RL 2335 2331 2� ._ _. 2334 2332 2:28 RH SUBJECT PROPERTY - LOCATION & ZONING MAP 504 Stanton Avenue Lind 9 Attachment 'B' Site Plan ALA CJ �r .y 1 r 1 V 1 � - r-- �.l NORTH 10 Attachment 'B' Floor Plan z LY NORTH