HomeMy WebLinkAboutA003 - Report ITEM #: 4
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-000820
REQUEST: A Special Use Permit for Guest Lodging to allow a Vacation Lodging
use, for the property located at 708 Douglas Avenue within the "RM"
Residential Medium Density Zoning District in the Historic District
Overlay "O-H" Single-Family Conservation Overlay "O-SFC".
PROPERTY UT Prosim Revocable Family Trust, Susan Hurd- Trustee
OWNER:
LOCATION: 708 Douglas Avenue
ZONING: "RM" Residential Medium Density; "O-H" Historic District Overlay;
"O-SFC" Single-Family Conservation 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 708 Douglas Avenue. The site is located within
the Residential Medium Density (RM)zoning district in the Historic District Overlay"O-H" and the
Single-Family Conservation overlay (O-SFC). The property contains a four-unit apartment
building (conversion of a single-family home) and an accessory garage in the rear with
nonconforming parking and driveway access from the alley. 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 (AMC). Note that 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 AMC.
The applicant is requesting approval of a 1-unit apartment dwelling with 1-bedroom available for
Guest Lodging and with 2 adults as guests. The request for 2 adults is consistent with the
occupancy standards of the AMC Section 13.503. The remaining three units (2-two bedroom units
and 1-one bedroom unit) on the property will continue to operate as rental apartment dwellings.
The property owner describes the operations of the business as follows: (See attached application
with complete description from the applicant)
The entrance for this rental is street side separated by a fence from the North property,
which is the only single-family residence that flanks this building and parking is off street.
The movement of people will be like the long-term rental previously there. Clients
approach the entrance from the south sidewalk directly connected to the off-street parking
lot. Our contract states quiet hours after 10pm until 8am as does our long-term rental
previously there. There are other permanent residents in this building that will, also, be
aware of any potential disruption of these regulations as well as an on-site property
manager. As the property owner and landlord, I would not jeopardize their safety and
comfort with this activity. Screening is done through the Airbnb site that rates potential
clients. Those ratings impact our response to rental requests.
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 for single
family homes.
The total required parking for the apartments and proposed guest lodging is 7 spaces. The access
to the garage is currently gravel and will be paved along with the required parking spaces. The
applicant has submitted a Minor Site Development Plan for paving and improving the
gravel nonconforming area of the property to meet Guest Lodging standards and
Apartment parking standards. The site will also provide compliant paved parking for her
neighboring rental property at 700 Douglas. A Variance permitting off-site parking was approved
at the June 10th Board meeting to serve 700 Douglas Avenue on this site. The driveway and
parking spaces will be located in the rear yard and accessed form the alley. This improvement
would satisfy the Guest Lodging requirement for Vacation Lodging which requires a compliant
parking space at a rate of one per bedroom. The site will also be compliant for parking for the
rental use with the planned paving improvements.
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 708
Douglas is licensed, no other units in building may be licensed for Guest Lodging.
The applicant also owns the property to the south of this site at 700 Douglas and requested a
approval of a Special Use Permit for one apartment unit. Previous Special Use Permit approvals
in the area include Vacation Lodging at 703 Kellogg Avenue just over one block west of this site
and 902 Wilson Avenue, approximately four blocks northwest from this site.
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.
(f) Vacation Lodging is not permitted as a second principal use on a site with a single-
family dwelling.
(g) Only one Vacation Lodging unit may be established for a property with a two-family
dwelling.
(h) No Vacation Lodging use may be established on the ground floor of a commercial
building or mixed use building.
(4) Guest Rooms.
(a) Bed & Breakfast Establishments may have no more than five approved guest
bedrooms. The Zoning Board of Adjustment will determine the number of bedrooms
specific to the dwelling unit.
(b) Vacation Lodging must be consistent with the occupancy limitations of the Ames
Municipal Code Section 13.503. No Vacation Lodging shall exceed a total of five
adults per dwelling unit.
(5) Off-Street Parking Requirements.
(a) Bed & Breakfast Establishments must have one reserved space per guest room, plus
one space for the owner.
(b) Vacation Lodging must provide one parking space per guest bedroom, with a
maximum of five spaces required; an apartment dwelling in a zoning district with less
parking required is not subject to this standard.
(c) The parking spaces shall meet standards established by Section 29.406 of this
ordinance.
(6) Local and State Regulations. The Guest Lodging establishment must comply with local
and state regulations regarding all applicable permits and licenses including, but not
limited to fire, health, food service, hotel, liquor, revenue, building/zoning permits and
licenses.
Section 29.1503(4)(a),(b), and (e) of the Zoning Ordinance states the following:
(4) Review Criteria. Before a Special Use Permit application can be approved, the Zoning
Board of Adjustment shall establish that the following general standards, as well as the
specific standards outlined in subsection (c) below, where applicable, have been or shall
be satisfied. The Board's action shall be based on stated findings of fact. The conditions
imposed shall be construed as limitations on the power of the Board to act. A mere finding
that a use conforms to those conditions or a recitation of those conditions, unaccompanied
by specific findings of fact, shall not be considered findings of fact for the purpose of
complying with this Ordinance.
(a) General Standards. The Zoning Board of Adjustment shall review each application
for the purpose of determining that each proposed use meets the following
standards, and in addition, shall find adequate evidence that each use in its
proposed location will. (The standards are listed in this report below.)
(b) Residential Zone Standards. The Zoning Board of Adjustment shall review each
application for the purpose of determining that each proposed use in a residential
zone meets the following standards... (The standards are listed in this report below.)
(e) Conditions. The Board may impose such additional conditions it deems necessary
for the general welfare, for the protection of individual property rights, and for
ensuring that the intent and objectives of this Ordinance will be observed.
STATEMENT OF APPLICANT IN SUPPORT OF PROPOSAL: The applicant has provided the
attached application and site plan including statements as to how the proposed Guest Lodging
use meets the requirements for a Special Use Permit.
FINDINGS OF FACT & CONCLUSIONS:
Based upon the submitted information and site plan provided in the application, the following
findings of fact and conclusions may be made regarding the standards of approval.
General Standards.
(i) Be harmonious with and in accordance with the general principles and proposals
of the Land Use Policy Plan (LUPP) of the City.
Findings of Fact: The LUPP emphasizes the values of sense of place and connectedness
within a neighborhood and the overall community and emphasizes the values of diversity
and connectedness.
The 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 an 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.
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), in 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 4-bedroom home. 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 proposed paving of the nonconforming driveway and maneuvering area is in the rear
of the site and is similar to improvements of other properties accessed from the alley. Staff
is working with the applicant to finalize approval of a Minor Site Development Plan that
meets zoning standards.
The surrounding neighborhood is a mix of rental units and some single-family homes.
Neighborhood Commercial "NC" zoning exists just to the south of this address. In
considering that 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 also be a basis for being sensitive to the
concentration of this type of use in close proximity to other Guest Lodging uses in this
case.
Conclusions: 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 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 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: 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 its impact will be no greater than that of a 4-
plex household living use.
The applicant proposes parking for the rental units on site and also provides for parking
for the abutting property to the south at 700 Douglas Avenue. Approval of a Vacation
Lodging use requires compliant paved parking. A Minor Site Development Plan has been
reviewed by staff to provide conforming parking on site. Staff is finalizing review of the site
plan with the applicant to be approvable under the current zoning standards.
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.
(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. 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 use can revert
back to an apartment dwelling 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 apartment
dwelling. The existing home is entirely compatible with the building pattern of the area.
Parking improvements are proposed to occur in the rear of the property providing access
from the alley. A Minor Site Development Plan showing compliant parking in the rear of
the site has been reviewed and is being finalized by the applicant to meet all zoning
standards.
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.
The parking areas are shown on a Minor Site Development Plan as being complaint in
dimension and material paving and allow for full occupancy of the vacation lodging use
consistent with the AMC in manner that is also consistent with the surroundings. The Minor
Site Development Plan is being finalized to meet full zoning compliance.
Conclusions: Therefore, it can be concluded that the use does meet Residential
Standard (vii) for a Special Use Permit.
(viii) Be consistent with all other applicable standards in the zone.
Findings of Fact: A Minor Site Development Plan has been reviewed by Staff. This
includes the standard for paved dimensionally compliant parking for the proposed Guest
Lodging use. The applicant is working with staff to finalize the Minor Site Development
Plan to be compliant with all zoning standards. All other applicable standards have been
met. A Letter of Compliance was issued on 01/17/2019 and which will not expire until
01/17/2022
Conclusions: Therefore, it can be concluded that the use does meet Residential
Standards (viii) for a Special Use Permit.
ALTERNATIVES:
1. The Zoning Board of Adjustment can approve the request from the property owner to approve
a Special Use Permit for a Vacation Lodging Use at 708 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 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.
2. The Zoning Board of Adjustment can deny this request for a Special Use Permit for Guest
Lodging at 708 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 review and finalizing of a Minor Site Development Plan staff concludes that the proposed
Vacation Lodging use at 708 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 proposed parking 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 with a Minor Site Development Plan under review and being finalized for full
zoning compliance 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 condition listed above, to
approve the request.
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