HomeMy WebLinkAboutA3 ITEM #: 2
DATE: 02-26-2020
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: February 7, 2020
CASE FILE NO.: SUP-000823
REQUEST: A Special Use Permit for Guest Lodging to allow a Vacation Lodging
use, for the property located at 207 S Riverside Drive within the "UCRM"
Urban Core Residential Medium Density Zoning District.
PROPERTY David and Michele Evans
OWNER:
LOCATION: 207 S Riverside Drive
ZONING: "UCRM" Urban Core Residential Medium Density
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 207 S Riverside Drive. The site is located within the "UCRM"
Urban Core Residential Medium Density zoning district.
Vacation Lodging is a term that applies to the use of a dwelling, 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 two of the bedrooms available for
Guest Lodging and with 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 single-family home. Approval of
this request requires a stipulation noting the occupancy limitations of the AMC, in this case three adult
guests for a two -bedroom home is the maximum that may be permitted.
The property owner describes the operations of the business as follows:
"The rental stay if for one night with a 2 night minimum requirement on the weekend. I have published
series of guest rules which my clients agree to comply with during the booking process. ...The house
rules are also supplied within the property.
1
Parking is provided off street by virtue of a 30 feet concrete driveway plus a separate detached garage.
The occupancy rate is <50% providing assurance of minimal disruption. Residency will be further
reduced during the winter months.
The owner is myself, Michele Evans. I check the property immediately after guest check out and
additionally during the periods between guests. I have a good relationship with my neighbours and
have provided contact information in the unlikely event that problems occur with my guests. If this
would occur I would immediately address the issue since I live 10 minutes away. However, if my guests
do not comply with my house rules and they cause issues with my neighbours I would ask them to
vacate immediately.
To date, no issues have occurred with any clients."
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.
The property includes a one-car attached garage and allows for three additional stacked driveway
parking spaces that meet the minimum dimensions of 9' x 19'. The driveway is paved. The recent
Zoning Ordinance revisions in Section 29.406(8) now will allow stacked parking to count toward the
minimum parking requirement. This satisfies the Guest Lodging code requirement for Vacation
Lodging, which requires one space per bedroom, for a total of two spaces.
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.
The property has a four Year Letter of Compliance that was issued on August 15, 2019 and will expire
on August 15, 2023.
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
(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.
3
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
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 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: This purpose should not impact the existing natured of the area. All parking is
accommodated on site. The property owner lives in Ames and proved regular upkeep and
maintenance on the home. Therefore, it can be concluded that the use meets General
Standard (i) for a Special Use Permit.
4
constructed operated and maintained so as to be harmonious and
Be designed, , p
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 applicant indicates that no changes to the home are planned. The home
was built in 1924 and fits with the general character of the area. The home has residential
neighbors on both sides. The maximum level of occupancy is two 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: There has not been and there are no planned interior or exterior changes
proposed in order to operate this property as a Guest Lodging Use. 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.
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: There are house rules in place that will prohibit disturbances and promotes being
respectful of the neighborhood. 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: Refuse disposal is picked up on a weekly basis and the site is served by
utilities and infrastructure the same whether it functions as Guest Lodging or Owner Occupied.
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: This property was constructed in 1924 and no additional requirements for
public facilities are needed.
Conclusions: Therefore, it can be concluded that the use meets General Standard (v) for
a Special Use Permit.
5
(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.
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 Urban Core Residential Medium 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 its impact will be no greater than that of a single-family household living use.
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
it's impact on traffic will be no greater than that of a single-family household living use.
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. Due to the occupancy
levels and strict house rules it could be less of an impact that if it were used as a standard
rental property.
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. This building has remained as is since it was built in 1924 and no changes are proposed
with this use.
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.
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 August 15, 2019 and which will not expire until August 15, 2023.
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 2340 Storm Street 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:
a. Off-Street Paved Parking Spaces required 2
b. Maximum Number of Guest Bedrooms allowed 2
c. Maximum Number of Adult Guests allowed: 3
d. One year of disuse will render this Special Use Permit expired and void.
e. 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 207 S. Riverside Drive to allow a Vacation Lodging use in the UCRM, Urban Core
Residential Medium 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 207 S Riverside Drive 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 207 S Riverside Drive 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 4 adults, the limitation by AMC standards is for 3
adults and is noted as a stipulation for the Permit.
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'
LINCOLN WAY LINCOLN WAY LINCO LN WAY
K
w
- ucRPl
S 2 NO ST
207 S Riverside Drive
S-GA j-- ------- o �... - -----
o i
II �
� t
Location and Zoning Map
N 2017 S Riverside
9
12/15/2019 207 S riverside road plan.jpg
SQUAW CREEK
RECEIVED
I I
DEC I2019 I I Garage
TIME�f��NITIALS�� I I
CITY OF AMES IOWA I I
DEPT.OF PLANNING&HOUSING I I
I
I I
Garage I �Garage 420 Sq It I DRIVEWAY
I PARKING
I I
CONCRETE I CONCRETE I Re ar porch
j � And deck-260 sq ft 140 ft '
I � 207 S Riverside 145 ftI
211 S Riverside Or I I
-- - 2015 Riverside Dr
Owner occupied n
— .20 ft 4 inches- — -,4
S20 sgft Student Rental =
i 1oelgft 10ft......
9
9
I 00
I .-r
I Porch
I l
CONCRETE I CONCRETE
I
I ; I
55ft-
DRIVEWAY J DRIVEWAY I DRIVEWAY
10
SIDEWALK
Grass Curb Cuts Grass Curb Cuts
RIVERSIDE DRIVE
hops://mall.google.conVmalVca/u/O/7shva=l#lnbox?projector-1 112
1} ZZ
uaooapa!o
N
A
wooapag wooayxe8
JOOIJ jSJIj
aniaa apisaani"d S LOZ
207 S Riverside Drive
Ground Floor
RECEIVED
20 ft /}D�E�ryC 16 2019
TIME Y•�T 7f�ITIALS �-
CITY OF AMES IOWA
DEFT.OF PLANNING&HOUSING
Rear Porch
m
22ft
...__ _x .. _- . .
Kitchen Dining Room
Living Room C�fice 4-
t�l
0
Front Porch �7
Ln
12
207 S Riverside Drive
Basement
M bat}
Boiler &
-- laundry
Room
Basement
00 area
Storage
22 ft
13