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HomeMy WebLinkAboutA004 - Staff Report dated January 17, 2020 ITEM #: 7 DATE: 01-22-20 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: January 17, 2020 CASE FILE NO.: SUP-000812 REQUEST: A Special Use Permit for Guest Lodging to allow a Vacation Lodging use, for the property located at 809 Northwestern Avenue within the "UCRM" Urban Core Residential Medium Density Zone. PROPERTY Ryan & Ashley Jo Houck OWNER: LOCATION: 809 Northwestern Avenue ZONING: "UCRM' Urban Core Residential Medium Density Zone BACKGROUND AND PROJECT DESCRIPTION: The requested Special Use Permit for Guest Lodging is to allow a Vacation Lodging use in a duplex (two-family dwelling) located at 807/809 Northwestern Avenue. One of the units is on the first floor, and the other unit is on the second floor. The unit on the second floor is the one proposed as Vacation Lodging. The unit on the first floor is a rental. and will remain as household living. The structure was originally built in 1953 as a duplex. It is a permitted use in the UCRM zone, since it is pre-existing use." The duplex existed, prior to adoption of the new zoning ordinance in May, 2000, which makes it ..pre-existing.' The property is located within the ­UCRM' Urban Core Residential Medium Density Zone. Vacation Lodging is a term that applies to one unit of a two-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 one-bedroom dwelling with the bedroom available for Guest Lodging which allows for a total of three adults as guests. The request for adults is 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 one-bedroom dwelling unit. 1 The property owners describe the operations of the business as follows: This is a one-bedroom duplex dwelling unit located on the second floor Prior to check in guests are given check in/out procedures, parking instructions. a clear set of expectations/rules to follow, as well as various means of contacting the property owners. Guests are expected to follow quiet hours and be respectful to both the property and the neighborhood. Typical check in and check out times are during daytime hours (11:00 AM check out and 3 00 PM check in). Guests are made aware of the expectation to be respectful to the property and neighborhood. No changes to the property are planned which would hinder adjacent properties. The property includes a two-car detached garage in the rear yard, with two additional 9'x19' parking spaces directly in front of the garage. The driveway is paved with asphalt and is approximately nine feet wide until it widens out near the garage. Vacation Lodging requires one parking space per approved bedroom, and household living requires a minimum of two parking spaces per unit. A total of four parking spaces are required to serve for both units. This meets the minimum of three required parking spaces for the Vacation Lodging and the household living units. combined. In addition, the recent Zoning Ordinance revisions in Section 29.406(8) will now allow stacked parking to count toward the minimum parking requirements subject to ZBA approval. The property has a four-year Rental Code Letter of Compliance issued on March 19, 2018 that will expire on March 19, 2022. 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 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. 2 (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 Zoninq 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 3 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. Section 35 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 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 two-family dwelling that is consistent with the existing 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 structure was originally built as a duplex in 1953, and is of similar age to other properties in the area. No cosmetic changes are proposed which would cause the property to stand out differently from the other area homes. Overall. the property fits in well in 4 the neighborhood. The property is located on the west side of Northwestern Avenue and has residential neighbors on three sides. The fourth side is a railroad right-of-way (r.o.w.), bordered by single-family detached dwellings on the opposite side of the railroad r.o.w. The maximum level of occupancy is three adult guests in the one-bedroom unit. The intensity of use is similar in nature to the surrounding scale of the neighborhood and situated with a driveway on the side of the home with a detached garage in the rear yard, similar to surrounding properties. As one of the first Vacation Lodging requests under the new Zoning Standards, there are no existing similar businesses in the area. This area does in include a retail service building at the north end of the block. 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 access to the site is consistent with properties surrounding the site. 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 duplex is located on the west side of Northwestern Avenue. Easy access for police and fire protection. and other public services are already in place. The business will operate under the occupancy limitations of the code so that its 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 its impact on public facilities is no greater than 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. 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 property is within the UCRM Zone. This zone accommodates and conserves the existing medium-density one and two-family residential neighborhoods that exist in the Urban Core near the Downtown. The predominant land use pattern is one and two-family residential structures. The use would be within an existing two-family dwelling. The business will operate under the occupancy limitations of the Rental Code, so that its impact will be no greater than that of a using the whole structure as a two-family rental dwelling. Using one of the two units as a household living use, and the other as Vacation Lodging is consistent with the intent of the zone for allowed uses. 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 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 guests occupy the property (same as if it were a private home). The landlord for the Vacation Lodging unit on the second floor will need to coordinate parking with the long term tenants living in the unit on the first floor. 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. Conclusions: Therefore, it can be concluded that the use meets Residential Standard (iii) for a Special Use Permit. 6 (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. Only one of the units may be used for Vacation Lodging, the other unit must remain available for household living. 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 two-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 two-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 March 19, 2018, and which will not expire until March 19, 2022. 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 809 Northwestern Avenue to allow a Vacation Lodging use in the 'UCRM" Urban Core Residential Medium Density Zone 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: 1 • Maximum Number of Guest Bedrooms allowed: 1 • Maximum Number of Adult Guests: 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 809 Northwestern Avenue to allow a Vacation Lodging use in the ' UCRM' Urban Core Residential Medium Density Zone 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 809 Northwestern 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 809 Northwestern 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. 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. 8 Attachment `A' Location & Zoning Map 1 S-GA 9T H S T RL ' I "UCRM" -t- Urban Core Residential Medium Density Zone RL 0 C Ppli SA 809 PJortriwestern Avenue ! s 74 F 8 O G� 2 O O 6T H ST O G III RL Residential Low Density Zone a - Location & Zoning Map 809 Northwestern Avenue 0 37.5 75 150 225 �— — Feet 9 Attachment 'B' Site Plan 26.5' -i9 ,` "ii Z} h Co�Crc kc S,A—Or 2 Car 20 Garage 10 RECOVER DEC 1 1 2019 CITY OF ANTES,IOWA DEPI OF PLANNING&HOUSING 2nd Floor - 809 Northwestern -71 Guest Lodging Unit o 1 Bedroom Unit 0 1st Floor - 807 Northwestern Direct entrance from front door D Long term tenant No finished common space S i 3 28'6" 26'6" , 3 t N Kitchen Bedroom Living Bedroom r Cj cD cD ��- cn First Floor Bath � o '_ `J a, [Area 955 ft� `J Second Floor Kitchen Bath (Area. 623 ft� Living -- - Bedroom 28' 6" s. - 23' 6"