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HomeMy WebLinkAboutA003 - Report (2) ITEM #: 3 DATE: 06/24/2020 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: 06-19-2020 CASE FILE NO.: SUP-000819 REQUEST: A Special Use Permit for Guest Lodging to allow a Vacation Lodging use, for the property located at 700 Douglas Avenue within the "RM" Residential Medium Density Zoning District in the Historic District Overlay "O-H" and the Single-Family Conservation Overlay "O- SFC". PROPERTY UT Prosim Revocable Family Trust, Susan Hurd- Trustee OWNER: LOCATION: 700 Douglas Avenue ZONING: "RM/O-SFC/O-H" Residential Medium Density/Single Family Conservation Overlay/ Historic Preservation Overlay BACKGROUND AND PROJECT DESCRIPTION: The requested Special Use Permit for Guest Lodging is to allow a Vacation Lodging use in an Apartment Building (3 or more units) located at 700 Douglas Avenue. The site is located within the Residential Medium Density (RM) zoning district with the Historic District Overlay "O-H" and Single- Family Conservation overlay (O-SFC). The property contains a four-unit apartment building (conversion of a single-family home) with no other buildings or parking on site. The property has a three-year Letter of Compliance that was issued on 1/17/19 and will expire on 1/17/2022. 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 4-Unit apartment dwelling with one 1-bedroom unit as guest lodging for two adults allowed as guests. The request for 2 adults is consistent with the occupancy standards of the Ames Municipal Code Section 13.503. 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 for stacked driveway parking. The owner indicates in their application that parking for the site exists on a neighboring site. Remote parking for residential uses is not allowed by the Zoning Ordinance for establishment of new uses, such as Guest Lodging. Additionally, there is no improved parking on this site. A Variance for off-site parking to be located on 708 Douglas Avenue was approved at the June 10t" Board meeting. The total required parking for the apartments and proposed Guest Lodging is 6 spaces. A Minor Site Development Plan to provide the 6 required spaces at 708 Douglas Avenue has been reviewed and is being finalized to be compliant with zoning standards. A remote parking agreement for the off-site parking is under review and is required to be approved by the City Council. Although formal 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 700 Douglas is licensed, no other units in building may be licensed for Guest Lodging. The applicant has a pending request for guest lodging on the neighboring 708 Douglas property, this is under review on the same ZBA agenda. Recent nearby Vacation Lodging permits have been approved in April at 703 Kellogg, which is just over 1 block to the west of this site. A permit at 902 Wilson Avenue also had a license approved in February. PUBLIC NOTICING: Notification was made to all owners of property within 200 feet. A notice of public hearing was placed on the property and published in the newspaper. APPLICABLE LAW: Section 29.1302 of the Zoning Ordinance states the following Guest Lodging Requirements: (1) Non-Conforming Uses. Any Apartment Dwelling that is a non-conforming use within its zoning district shall not be approved as Vacation Lodging. (2) Special Use Permit. (a) Bed & Breakfast Establishments and Vacation Lodging must obtain a Special Use Permit from the Zoning Board of Adjustment prior to receiving a Guest Lodging license. (b) Exemptions. Apartment dwellings located in certain zoning districts are exempt from the Special Use Permit requirement. These zoning districts include: F-PRD, F-VR, RM, RH, FS-RM, NC, CCR, DSC, CSC, O-LMU and DGC. This exemption does not apply to apartment dwellings located in zoning district RM/O-SFC. (c) Properties requiring a Letter of Compliance (LOC) must have registered for their LOC and have completed their initial LOC inspection, prior to applying for a Special Use Permit. (d) The Special Use Permit is not transferable to a subsequent owner or to another property. (e) The Special Use Permit shall be deemed expired and void after a one year period of disuse of the dwelling unit for guest lodging purposes or upon nonrenewal of a guest lodging license. (3) Additional Vacation Lodging Restrictions. (fJ 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 followinq: (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 apartment dwelling that is consistent with the medium 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. Findings of Fact: The applicant indicates that the property has been maintained the past 40 years in congruence with the historical character of the historic district which is valued by the property owner and cites that LOC permits have been consistently granted. The owner further claims that the vacation lodging unit will not change the characteristic of the building, the area or the standard of rental. The property is located in the Residential Medium Density Zone (RM), the Historic District Overlay "O-H" and the Single-Family Conservation Overlay (O-SFC) and has residential neighbors on all sides. The maximum level of occupancy is 2 adult guests in the 1- bedroom apartment dwelling, plus normal occupancy of the apartments in the building. The intensity of use is similar in nature to the surrounding scale of the neighborhood. Vacation Lodging requests under the new Zoning Standards have recently been approved in the area which include Vacation Lodging at 703 Kellogg Avenue just over 1 block west of this site and 902 Wilson Avenue, approximately 4 blocks northwest from this site. The site does not currently have any parking for the existing rental use provided on site. All parking for this rental use is accommodated at 708 Douglas Avenue immediately abutting this property. A Variance to allow off-site parking for 700 Douglas Avenue at 708 Douglas Avenue was approved at the June 10th Board meeting. A Minor Site Development plan has been submitted and reviewed by staff and is being finalized with the applicant to be compliant with zoning standards. A remote parking agreement is under review and must be approved by City Council. The surrounding neighborhood is a mix of rental units and some single-family homes. Neighborhood Commercial "NC" zoning exists across the street to the south of this address. In considering while apartments are generally exempt from concentration standards there is a single-family design to the neighborhood. With this in mind it can be seen that a Guest Lodging use is not fully out of character with the surrounding area but with a mixture of single-family uses nearby can be a basis for being sensitive to the concentration of this type of use in close proximity to other Guest Lodging uses. Conclusions: Therefore, it can be concluded that the use does meet the 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 applicant states that the use of one unit as guest lodging will be in accordance with the same purpose the building has served since 1997. The applicant states Vacation lodging guests will be screened through the Airbnb platform and on-site management will assure compliance with regulations avoiding potential disturbances. The property is a 4-plex rental property. 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: No additional public facilities are needed. 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: No additional public facilities are anticipated or required as part of the proposed Vacation Lodging use. 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 typical household living apartment 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 applicant states there is no plan to change the existing use from it's current rental status and states that the appearance and character of the home will not change. The site is within a Residential Medium-Density (RM) Density zone with the Historic District Overlay "O-H" and Single-Family Conservation overlay (O-SFC). This zone is primarily intended for single-family dwellings and household living uses while accommodating pre-existing apartment uses such as the property in question here. The use is proposed within a 4-plex apartment building. 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 4- plex household living use. The applicant has submitted a Minor Site Development Plan which has been reviewed by staff is being finalized to be compliant with zoning standards. A Variance to allow off-site parking on the neighboring 708 Douglas Avenue site was approved by the Board at the June 10th meeting. A remote parking agreement is under review and must be approved by the City Council. Guest Lodging uses must have compliant parking on site to accommodate guests. Additionally, new off-site parking is not permitted in residential zones. Conclusions: Therefore, it can be concluded that the use does meet the 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 typical apartment household living use. Conclusions: Therefore, it can be concluded that the use meets Residential Standard (i) for a Special Use Permit. 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 an apartment dwelling. The applicant has provided a Minor Site Development Plan for off-site parking and had a Variance approved to provide the off-site parking on a neighboring site. While Off-site parking is not otherwise permitted in residential zones, the Variance approving the off-site parking at 708 Douglas Avenue will keep vehicles from parking on the street which assists in eliminating additional street traffic. Conclusions: Therefore, it can be concluded that the use does meet the Residential Standard (ii) for a Special Use Permit. 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. The applicant states that the quiet hours will be from 10pm to 8am. The check-in process will be a self- check in process with the owner being automatically informed of check-in and check-out to ensure parameters are being abided by. 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 unit in question can revert back to an apartment unit as 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 apartment dwelling. The existing home is entirely compatible with the building pattern of the area. A Variance for offsite parking has been approved by the Board on June 10'. A Minor Site Development Plan showing the off-site parking at 708 Douglas Avenue has been reviewed and is being finalized for zoning compliance. Conclusions: Therefore, it can be concluded that the use does meet 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 apartment dwelling. The orientation of the building will not change. 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: A Variance for off-site parking was approved by the Board on June 10th. A Minor Site Development Plan showing the off-site parking on site at 708 Douglas has been reviewed and is being finalized to be compliant with zoning standards. A remote parking agreement must be approved by the City Council. A remote parking agreement has been submitted and is under review. Conclusions: Therefore, it can be concluded that the use does meet the Residential Standard (viii) for a Special Use Permit. ALTERNATIVES: 1. The Zoning Board of Adjustment can approve the request from the property owner for a Special Use Permit to allow a Guest Lodging Use at 700 Douglas Avenue with the following condition(s): A. Condition: Approval of a Minor Site Development Plan that complies with zoning standards. B. Condition: The gravel parking lot at 708 Douglas Avenue must be paved to city standards according to an approved Minor Site Development Plan. Improvement of the driveway and parking lot is required no later than December 1st, 2020. This is similar to a condition approved recently on another site applying for a Guest Lodging license. C. Condition: Approval of a remote parking agreement by the City Council. 2. The Zoning Board of Adjustment can deny this request for a Special Use Permit for Guest Lodging at 700 Douglas Avenue by finding that the project does not meet the criteria of Section 29.1302 and Section 29.1503(4)(a),(b), and (e). 3. The Zoning Board of Adjustment can refer this request back to the applicant or to City staff for additional information. RECOMMENDED ACTION: Upon approval of an off-site parking Variance and review of a Minor Site Development Plan staff concludes that the proposed Vacation Lodging use, at 700 Douglas 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 general daily activity of the Guest Lodging use will operate in manner that is compatible with the surrounding uses and paved, compliant parking provided for at neighboring 708 Douglas Avenue is seen to keep additional vehicles off of streets avoiding further traffic issues while satisfying the parking stall requirements for Guest Lodging. The applicant is close to finalizing a Minor Site Development Plan that complies with zoning standards. Staff believes that given the pending remote parking agreement under review by staff, Minor Site Development Plan under review for parking at 708 Douglas Avenue and the approved Variance for off-site parking that the standards for Vacation Lodging have been met. 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 with the conditions listed above, to approve the request. Attachment A- Location 8T H ST 8T H ST 8T H ST 723 4 21 w < 722 w 719 709 714 700 Douglas Avenue J 107� 705 703 > 5 < 70, y 215 213 205 g 709 123 121 111 1:'p (7 S H S i 017 619 pit T 700 Douglas Avenue Location & Zoning N Attachment B- Site Overview l7bo DO06&4S r RECEIVED DEC 13 2019 CITY OF AMES,IOWA ' DEPT OF PLANNING&HOUSING i v ; 2 1 � g I � UN rr�,,, j t21� 1 r3xr� �,�,r<13E L.6061 mG,.tT PA,J , 70, �' DOU1 l.k� fV'VE� 6ioEw+►� Attachment C- Minor Site Development Plan (Under Review) c000svt' v'aoz"Ts'•^^•,vYrocor~ aanHNV5(5 g m •�d'anpe:oc"0a upped ucme[aag ® MAV sn9n=om►ooi a eEli ® PAVED ALLEY o= CW � •.. W w � \ o �� - �� 5!pk� ?5i y O ZK \\\�� V S QNY 1N W Z►\ ,x a \ \ \ LIJ Ru- zaur Ig-a' Ir o \ � cn O \ \ \ �Y" \ \ \ d d n a o CDos O g4G \ \ 75'-0 EASMG SIDEWALK 1 Z DOUGLAS AVE Z Q J Lu - � LL V.) F