HomeMy WebLinkAboutA004 - Staff Report dated January 15, 2020 ITEM #: 4
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-000816
REQUEST: A Special Use Permit for Guest Lodging to allow a Vacation Lodging use,
for the property located at 326 S. Avenue. Unit C. located within the S-
SMD" South Lincoln Mixed Use District.
PROPERTY Greenbush Properties, LLC
OWNER:
LOCATION: 326 S. Walnut Avenue. Unit C
Ames, Iowa 50010
ZONING: "S-SMD" South Lincoln Mixed-Use District.
BACKGROUND AND PROJECT DESCRIPTION
Greenbush Properties, LLC is requesting a Special Use Permit for Guest Lodging to allow a
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Vacation Lodging use in a 5-plex apartment building addressed as 326 S. Walnut Avenue. The
Units are indicated as Unit A, B. C. D & E. The request is for Unit C (or #3). The site is located
within the S-SMD South Lincoln Mixed-Use District at the corner of S. Walnut Avenue and S. 41'
Street. The site was developed in 1995.
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 four-bedroom apartment dwelling unit with all four
bedrooms for Guest Lodging and five adults as guests. Four bedrooms align with the number of
bedrooms approved under the LOC. The request for five adults is consistent with the
occupancy standards of the Ames Municipal Code Section 13.503 that states one more
adult occupant than number of bedrooms may be permitted within an apartment dwelling.
Approval of the SUP will include a stipulation noting the occupancy to be a maximum of five adults.
The property owner describes the operations of the business as follows
"Airbnb, coded box for check-in, no affect on neighbors, off-street parking provided,
owners clean and wash linens between guests, no breakfast served, coffee pot available."
The owners have an extensive checklist for making the unit ready for the next tenant to
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ensure that each tenant has a positive experience no matter how short their stay.
Parking must comply with the dimensional, location, and surfacing requirements of Section 29.406
of the Zoning Ordinance. The property includes a paved parking lot that includes 13 parking
spaces for entire 5-plex building. The 13 spaces represent a nonconformity per current parking
requirements that would require 17 parking spaces for the number of bedrooms within the
apartments. The parking lot may be entered from either S. 4 Street or the rear alley. The
applicant indicates that the parking spaces are not assigned and that the majority of the building
is occupied by students who do not own a vehicle. Additionally, CyRide route#3 has service along
S. Walnut at 10-minute headway during much of the day.
Guest Lodging in an Apartment Building requires one space for each bedroom in the dwelling unit
or a total of four spaces for this unit. The required four spaces may be accommodated within the
existing parking lot if the ZBA accepts the use of the nonconforming total number of spaces. Note
the Guest Lodging parking standard is the same parking standard as an apartment building
parking standard.
The property has a Two-Year Letter of Compliance (Permit #000000814 CO) that was issued on
November 5. 2018. It will expire on November 5, 2020
Although separation requirements for Vacation Lodging only apply to one and two-family
dwellings, apartments are limited by the number of units that may be licensed within a parcel or
development. The limitation is one unit or up to 10% of the total units. Therefore, as long as Unit
C is licensed, no other units in the 5-plex building may be licensed for Guest Lodging.
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.
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(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.
(t) 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.)
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(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 opportunities 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 applicant indicates that their unit will
provide an affordable short-term lodging option for families and friends who wish to stay
under one roof.
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 and commercial areas. This site
is designated with a Residential Category of use, but has a special purpose zoning district
that allows both commercial and residential uses.
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 5-plex apartment building is located at the corner of S. Walnut
Avenue and S. 41' Street in the South Lincoln Mixed Use district. The intensity of use would
be similar to the surrounding scale of the neighborhood. Once established as Vacation
Lodging. this unit would be the only one allowed on this property within this 5-plex building.
Conclusions: Therefore, it can be concluded that the use meets General Standard (ii)
for a Special Use Permit.
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Not be hazardous or disturbing to existing or future uses in the same general
vicinity.
Findings of Fact: The primary difference between the existing and proposed use is the
frequency of changing occupants. Guest Lodging has a much shorter duration than typical
rental or ownership occupancies. 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 5-plex apartment building was built in 1995 and is located at the
corner of S. Walnut Avenue and S. 4tn Street. The property is well served by a
transportation network of gridded streets and CyRide route #3 Police. fire protection, and
other services are already in place
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 that a 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 and the likelihood that
guests would rely on vehicle transportation more than CyRide that is commonly used by
students residing in the apartment complex. However, these traffic levels would be similar
to other uses in the area not detrimental to others.
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 apartment unit is located within the South Lincoln Mixed Use District.
The South Lincoln Mixed Use District includes a diversity of housing types, including many
small apartment buildings. The business will operate under the occupancy limitations of
the Code, so that its impact will be no greater than that of one of the other apartment units.
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The applicant indicates that guests are required to abide by lease rule, as well as the
community.
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: Guests generally travel in small rental cars or personal vehicles and will
not generate traffic uncommon to the area and the existing parking lot is large enough to
provide the required off-street parking. Additionally, the property is well served by a
transportation network of gridded streets as well as CyRide route #3. Traffic levels for the
Vacation Lodging may have somewhat higher vehicle use that student residents, but the
activity level is likely consistent with expected household living uses in areas not adjacent
to CyRide.
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.
(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. The property manager is available to ensure compliance with the standards
should there be any 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.
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Findings of Fact: Although the Vacation Lodging use results in a current reduction of
available housing for household living use. the use can revert back to an apartment
household living use in the future. if needed.
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 5-plex apartment building was built in 1995. The applicant is not
proposing any changes to the existing building. It is 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 parking areas will allow for full occupancy of the site consistent with
the AMC in manner that is also consistent with the surroundings. The applicant is not
proposing any changes to the existing 5-plex apartment building. The existing apartment
building is 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 site was developed in 1995 with 5 apartment units totaling 17 beds
and the construction of a 13 space parking lot. Current standards would require four
additional parking spaces to conform to standards for the apartments. The proposed use
requires the same number of spaces as that of an apartment dwelling, the ZBA can accept
propose site as satisfactorily meeting the requirements for the Special Use Permit if it does
not find the new use would substantially alter the intensity of use for the site with its
nonconforming parking.
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 5. 2018 and which will not expire until November 5, 2020. The applicant
indicates that both the Vacation Lodging and the long-term units will operate under the
same standards.
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 326 S. Walnut Avenue, Unit C. to allow a Vacation Lodging use in the "S-SMD°
South Lincoln Mixed-Use District 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: 4
• Maximum Number of Guest Bedrooms allowed: 4
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• Maximum Number of Adult Guests allowed: 5
• One year of disuse will render this Special Use Permit expired and void.
• The Special Use Permit is not transferable to another Unit at 326 S. Walnut Avenue
nor is the Special Use Permit 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 326 S. Walnut Avenue, Unit C, to allow a Vacation Lodging use in the "S-SMD"
South Lincoln Mixed-Use District 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 326 S. Walnut Avenue. Unit C, 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 326 S. Walnut Avenue,
Unit C, 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 requested occupancy for five adults is permitted by AMC apartment standards and is noted
as a stipulation for the Permit. as well as a notation that as long as this unit's license remains
current, it is the only unit that may be permitted to be licensed for Guest Lodging at 326 S. Walnut
Avenue.
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.
If the Board determined that the current nonconforming parking lot was not appropriate for the
proposed use in conjunction with the other apartments. it would need to deny the Special Use
Permit (Alt. 3) as there is no location on the site where additional parking could be added to bring
the site into compliance with current parking requirements.
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Attachment `A'
Location & Zoning Map
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PROPERT',
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LOCATION & ZONING MAP
- 326 S Walnut St., Unit C
Attachment `B'
9
Parkinglot sketch
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Floor Plan
UNIT 3
4 Bedroom, 2 Bath Townhome
1109 Square Feet
$ per month for 4
BATH
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BEDROOM BEDROOM 2
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BEDROOM 3
LIVING ROOM
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KITCHEN
BEDROOM 4
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11
Attachment `B'
Applicant Info and Tenant Instructions
From: Cody Greenfield<cody.j.greenfield@gmail.com>
Date: January 17, 2020 at 10:15:58 AM CST
To: Mark Greenfield<mark@markgreenfield.com>, "ESahlstrom@city.ames.ia.us"
<ESahlstrom@city.ames.ia.us>
Subject: Re: question on 326 S Walnut 11nit C
Hi Eloise!
I just left you a voicemail. My dad, Mark has been out of town but I'd be happy to help answer
your questions.
The layout of the building has 2 stories. The building has 5 units associated with it; 3 from the
street level,then an outdoor staircase to go upstairs where there is 2 units at the top. All the units
are accessible from the outside, no shared hallways or anything like that.
The unit being used as an Airbnb, is on the main level, closest to the parking lot. There is a
security code on the door, which we change the code periodically, that the guest gets access to
during their stay, and we can reset the code once that guest has checked out. The Airbnb unit,
like I mentioned, is easily accessible from outside, and is a split-level townhome. Upstairs has 1
bedroom, 1 bathroom, living room and kitchen. Downstairs has 3 bedrooms and 1 bathroom. We
have received many complements on the layout of the townhome and how convenient it is for
family stay or small group.
Depending on when the guest arrives, myself or my dad will always try to make ourselves
available to meet them there, and give them a quick tour and answer any questions. In instances
where guests are arriving at odd times, 9pm or later, they will have access with the code to let
themselves in and call with any questions/concerns., but we do plan to meet our guests at some
point during their stay if not at the beginning.
The Airbnb platform has rules guests will abide by - but we have added additional rules to ensure
guests know that this place is not meant for hosting parties or anything that could disturb
neighboring tenants. We haven't received a complaint from any of the other units since we
started using one for a short term rental. Typically guests are in town for; wedding, conference,
other work related, game, etc and spend very little time in the Airbnb, which works out great for
everyone.
Any other questions, feel free to call or email me back!
12
ft GREENBUSH
PROPERTIES, LLC
SALES I MANAGEMENT I CONSULTING
Your current address is: 326 S Walnut #3, Ames IA 50010
Current Door code:
Wi-Fi name: Password is:
Host: Cody Greenfield Cell: 515-450-1250
Welcome to Ames! We have worked hard to make this a great stop over for you. Business travelers
will love the convenient central Ames location, free coffee, hi-speed internet service, off-street parking
and a private & quiet space to work. The carpets have been professionally steam cleaned, updated
local decor and fresh interior paint, we also have:
• All new beds with new sheets, pillows, cozy comforters, memory foam mattress
topper & quilted mattress pads. We have included other amenities you may
appreciate such as note pad, pen, tissues, reading lamp and side table.
• The stocked kitchen has real or paper plates, paper towels, cookware, a full size
fridge, dishwasher, microwave, disposal, cleaning supplies and a new glass top
range, coffee & filters and bottled water. Due to sanitary & public health reasons
we cannot supply food or condiments. The local HyVee grocery store is walking
distance and you're welcome to bring in food, cook and use the kitchen to its full
extent.
• Two-full bathrooms with newer vanities and lighting and always stocked with
plenty of towels. Nice stash of toiletries (soap, shampoo, shaving kits,
toothbrush and tooth paste, and much more) in the upper level bath vanity in
case you forgot something ($2 donation/ item please to keep the drawer stocked).
• Blow dryer and free bath supplies In cabinet In upper bath above the toilet.
There's an iron and ironing board, plus garbage bags, broom, vacuum and extra
paper products in store closet downstairs. We have added extra pillows in every
closet, a few extra blankets too!
We are offe A,. 4irXfX SMPfA'110srSi /taAC-yoar satsfactioaPerso�ra1� if t/tere is artytliiKy /car do to
orate eks,stay gore eyoydle. PIMSfleet me. Zrow, Oar 6asiaess clepe rc&ay your rewews,aacl recommeaclatiocs.
Mork Greenfield,Manager I GreenbLISfl Properlies,LLC 1 1606 S.Duff#100 1 Ames,Iowa 50010
515.450.0590 Cell 515.232.4663 Office I mork@morkgreenfield.com
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