HomeMy WebLinkAboutA007 - Council Action Form dated July 28, 2015 OLD CAF
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ITE 52
DATE: 0 - 5
COUNCIL ACTION FORM
REQUEST: REZONE FROM A (AGRICULTURE) TO FS-RL (SUBURBAN
RESIDENTIAL LOW DENSITY) WITH A MASTER PLAN AT 5400
GRANT AVENUE (PROPOSED HAYDEN'S CROSSING SUBDIVISION)
BACKGROUND:
Hunziker Land Development Company owns a 12-acre parcel north along Grant
Avenue north of Ada Hayden Heritage Park's west trailhead and 1,500 feet south of
190th Street. (See Attachment A, Location Map.) The owner proposes the development
of a residential subdivision to be known as Hayden's Crossing and is requesting a
rezoning of 12.0 acres from Agriculture to Suburban Residential Low Density (FS-RL).
(See Attachment D, Proposed Zoning) Total development is estimated between 29 and
37 dwelling units.
This land was annexed by the City on December 30, 2013. Before annexation, the
Ames Urban Fringe Plan designated this property for Urban Residential land use and
Watershed Protection Area, since it is within the watershed of Ada Hayden Lake. Upon
annexation, the property was designated as Village/Suburban Residential on the Land
Use Policy Plan map. (See Attachment B, Land Use Policy Plan Future Land Use Map)
The "FS-RL" zoning district is consistent with this land use designation. Support
materials provided by the applicant (Attachment G, Applicant's Narrative) describe how
the proposed rezoning and implementation of the proposed development is consistent
with all ten goals of the Land Use Policy Plan. Ultimately, development of the site
will require approval of a Conservation Subdivision subsequent to approval of the
rezoning request.
A Master Plan provides a broad view of the development concept by describing the
intended uses, building types, access points, and protected areas. The submitted FS-
RL Master Plan (Attachment E) illustrates residential development on 7.60 acres of the
property and common open space and 3.98 acres of conservation areas. Project
details of the Master Plan include:
1. Developable acreage of approximately 7.60 acres. Applicant proposes potential
mix of single family attached and detached units. Total development will meet
minimum density requirements of 3.75 units per net acre. This is estimated to be
a minimum of 29 units, with a maximum of 37 units as described by the applicant.
Maximum density under FS-RL would permit approximately 76 dwelling units at
10 dwelling units per net acre.
2. One access point on the west with Grant Avenue. Future street connections to
the abutting north property are also likely to occur.
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3. A single pedestrian access from Hayden's Crossing into Ada Hayden Heritage
Park near the middle of the site along the south property boundary. This will
provide a connection to the existing "Upland Trail" within the park. This
connection would be at the sole cost of the developer
4. Conservation areas along the west, east and south perimeter of the site as
shown on the plan. Including, a minimum 30-ft wide buffer of undevelopable
open space between Hayden's Crossing and the City-owned property to the east
and south, to be planted with native grasses and forbs during the first phase of
the development.
The attached addendum includes a full description of the Master Plan and analysis of
the rezoning proposal.
Development of this site is the second project to request approval under the
Conservation Subdivision standards of Ames Municipal Code. The initial Conservation
Subdivision established inside the city is the Quarry Estate development to the north of
this site at the southeast corner of the intersection of Grant Avenue and 190th Street.
The Ames Conservation Subdivision standards are to protect the quality of water in Ada
Hayden Lake, protect existing surface drainage systems, promote interconnected
greenways, provide commonly-owned open space and conservation areas and protect
such areas in perpetuity. The Master Plan shows 33% of the property as conservation
areas and open space distributed throughout the development and abutting the
residential areas.
Because no significant native plant communities exist on the site, this conservation area
will be "naturalized" by establishing native plant communities. Conservation easements
will be established for all conservation areas and maintained according to a
conservation area management plan that is required during the subdivision process.
Prior to annexation, an agreement was approved by owners of this subject property and
other land parcels between Ada Hayden Heritage Park and the railroad right-of-way and
south of 190th Street, which established the timing and responsibility for extension of all
of the urban infrastructure necessary to provide city services to this area as an
assessment district (Grant Avenue) and connection districts (sewer and water). Sewer
and water main extensions have been constructed and street construction will be
completed before the end of 2015. Utilities are available to serve the development.
Grant Avenue construction is expected to be completed in the fall of 2015.
Staff concludes that the Master Plan identifies developable and undeveloped
areas, range of uses and residential unit types consistent with the proposed FS-
RL zoning district. Staff believes it is consistent with the Objectives and Future
Land Use Map of the City of Ames Land Use Policy Plan, with the following
conditions:
a. Developer is responsible for frontage and intersection access improvements at
time of subdivision;
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b. A single pedestrian access be provided from Hayden's Crossing into Ada
Hayden Heritage Park at the location shown on the Master Plan; and,
c. A minimum of a 30-foot wide buffer of undevelopable open space be established
between Hayden's Crossing and the city-owned park land to the east and south.
Planning and Zoning Commission Recommendation. At its public hearing on July 1,
2015, the Planning and Zoning Commission recommended approval (4-1) of the
proposed rezoning from A to FS-RL, including the proposed Master Plan and the
conditions recommended by staff. The Commission discussed the type of housing
proposed, proximity of housing to the Park, use of the green areas, location of
pedestrian connections, locations for storm water detention, and the purpose and
maintenance of the buffer strips and access to adjacent properties.
ALTERNATIVES-
1. The City Council can approve on first reading the rezoning of the land located at
5400 Grant Avenue from Agriculture (A) to Suburban Residential Low Density (FS-
RL), including the attached Master Plan, and require a signed rezoning agreement
with the following conditions of the Master Plan prior to third reading of rezoning
ordinance:
a. Developer is responsible for frontage and intersection access improvements at
time of subdivision;
b. Single pedestrian access be provided from Hayden's Crossing into Ada Hayden
Heritage Park at the location shown on the Master Plan; and,
c. A minimum of a 30-foot wide buffer of undevelopable open space be established
between Hayden's Crossing and the city-owned park land to the east and south.
2. The City Council can approve on first reading the rezoning of land located at 5400
Grant Avenue from Agriculture (A) to Suburban Residential Low Density (FS-RL),
with different conditions.
3. The City Council can deny the request for rezoning from Agriculture (A) to Suburban
Residential Low Density (FS-RL), including the attached Master Plan, if the
Commission finds that the City's regulations and policies are not met.
4. The City Council can defer action on this request and refer it back to City staff and/or
the applicant for additional information or to require a signed rezoning agreement
prior to first reading.
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CITY MANAGER'S RECOMMENDED ACTION:
As noted in the attached addendum, the proposed rezoning is consistent with the Land
Use Policy Plan goals, objectives and policies and land use designations. Adequate
infrastructure has been provided for at the time of development. The Master Plan
provides for developed areas, conservation areas and open space, housing types and
densities that are consistent with the proposed FS-RL zoning district standards and
generally consistent with the intent of subsequent Conservation Subdivision standards.
The Master Plan also provides adequately for major transportation connections and
circulation and for interface with Ada Hayden Heritage Park that are in the best interests
of the community, under the proposed conditions. A signed zoning agreement with the
Master Plan will be provided prior to the third reading of the rezoning ordinance.
Therefore, it is the recommendation of the City Manager that the City Council act in
accordance with Alternative #1, which is approval of the rezoning on first reading,
including the attached Master Plan, and requiring a signed zoning agreement prior to
third reading.
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ADDENDUM
Existing Land Use Policy Plan. The LUPP designation of the entire subject area is
Village/Suburban Residential. The proposed change of zone to FS-RL is consistent with
that designation as one option for zoning of the site. The applicant has provided support
materials (see Attachment G — Applicant's Narrative) regarding how the proposed
rezoning is consistent with the Land Use Policy Plan. These materials describe how the
proposed rezoning and implementation of the proposed development is consistent with
all ten goals of the LUPP.
The LUPP designation of the property to the east and south is Parks and Open Space,
with Ada Hayden Lake and its surrounding land designated as Environmentally
Sensitive Area. Property to the west is the future Rose Prairie development and
designated as Village/Suburban Residential.
The property to the north inside the city limits, and is designated as Village/Suburban
Residential. This property is known as the Frame's properties and is situated between
the proposed Hayden's Crossing and the approved Quarry Estates.
Existing Uses of Land. Land uses that occupy the subject property and other
surrounding properties are described in the following table:
Direction from Existing Land Uses
Subject Property
Subject Property Farm Land, Former Homestead
North Farm Land, Former Homestead
East (Ada Hayden Heritage Park)
South (Ada Hayden Heritage Park, trailhead and
future parking lot
West Farmland, Former homestead
Existing Zoning. The site is zoned Agriculture (A). The property directly to the east and
south is Ada Hayden Heritage Park, a city park zoned Government/Airport (S-GA).
North of the subject property and west of the park is property recently annexed into the
city and zoned Agriculture (A), The property to the west of the subject property across
Grant Avenue is also zoned Agriculture (A). The proposed zoning is reflected in
Attachment D— Proposed Zoning.
Proposed Floating Suburban Zoning. The applicant has requested FS zoning as an
alternative to Village Residential Zoning. FS zoning is an option that may be selected by
an applicant to create a more homogenous development type as compared to the
heterogeneous development pattern of Village Residential. With FS zoning there is an
option for Residential Low or Residential Medium. The applicant is proposing FS-RL
zoning which allows for either single family attached or single family detached housing
within the same zoning district. Development within FS-RL zoning must reach a
minimum density of 3.75 units per net acre and not exceed 10 units per net acre.
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Master Plan. A Master Plan is intended to provide a general description of the intended
development of a property. A Master Plan must address natural areas, buildable areas,
building types, range of uses and basic access points, as described in zoning
requirements of Section 29.1507(4) (see Attachment F—Applicable Regulations).
The entire property has been in agricultural use for many years. An inventory of
vegetation and structures required by the Conservation Subdivision standards has been
submitted, and will be part of the consideration and approval of the subdivision plat for
this property. The submitted Master Plan proposes areas for homes and conservation
areas with residential development on 7.60 acres of the property and common open
space and conservation areas totaling about 3.98 acres.
The Master Plan proposes a development pattern with both single-family detached and
single-family attached home. The applicant describes a minimum of 29 units, with a
maximum of 37 units. At the most intense development level of 10 units per net acre,
there may be approximately 76 housing units without the restriction of the Master Plan.
The minimum density standard for the area to be rezoned to FS-RL is 3.75 dwelling
units per net acre. The Master Plan proposes a minimum net density for the area to be
zoned FS-RL of approximately 3.81 dwelling units per acre, including both single-family
detached and attached homes. Full review of net acreage will occur with the
subsequent preliminary plat subdivision review.
Each attached and detached single-family home must be on its own individual lot.
Layout and specific design of the site will be evaluated at the time of preliminary plat
review. Attached single-family homes of three or more units also require an
administrative site development plan review after subdivision approval.
Access. The Master Plan includes one access point with the existing street, Grant
Avenue, that borders the west property line of the site. In all likelihood at least one
additional local street would be stubbed to the north to help promote development of the
Frame properties.
Ada Hayden Heritage Park. Among of the attractions of Hayden's Crossing will be its
proximity to Ada Hayden Heritage Park and the view into the park's naturalized
landscape from some of the Hayden's Crossing lots. The Master Plan seeks to protect
the park landscape from the development and the many more people who will be living
next door to it. Single-family homes may be as close as 50 feet to the park boundary
and 70 to 100 feet from the north loop upland trail. The 30-foot landscape buffer within
this separation area provides for a transition from private to public space with native
vegetation.
The only access from Hayden's Crossing into Ada Hayden Heritage Park will be a
pedestrian connection along the southeast facing property line of the subdivision
in close proximity to the existing upland trail. The north loop upland trail within the
park follows the southeast edge of this site. The existing trail is rock, as will be the
pedestrian connection to Hayden's Crossing. The material for this connection and its
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final location with Hayden's Crossing will be determined during the subdivision process.
Any other future connections between Ada Hayden Heritage Park and Hayden's
Crossing would require City Council approval.
The Master Plan includes a buffer between the developed lots of Hayden's Crossing
and the park. This buffer will consist of 30 feet (minimum) of open space running along
the entire shared property boundary, in which development is prohibited. It will be
planted with native grasses and forbs. The shared property boundary itself will be
identified with permanent markers designed by the city. This entire buffer will be
established, installed and maintained by the Hayden's Crossing property owners
association as a requirements of the conservation subdivision.
Landscape Buffers. Other landscape buffers, with a width of 25-feet, will be
established between the proposed single family units and Grant Avenue. The City is
planning construction of a parking lot for 20 vehicles just to the south of this site. The
Parks and Recreation Department will establish parking lot buffer screening adjacent to
the parking lot on park property and Hayden's Crossing will maintain its own
conversation area along the park. The use of buffering is consistent with the
development expectations identified within FS zoning standards.
Conservation Subdivision. The Hayden's Crossing property is within the watershed
that drains into Ada Hayden Lake, which the city uses for a back-up water supply. To
protect the quality of the water in the lake, the development is required to comply with
the Conservation Subdivision standards of Ames Municipal Code, Section 23.600.
In addition to protecting water quality, the intent of the Conservation Subdivision
Developments is to protect existing surface drainage systems, to promote
interconnected greenways, to provide commonly-owned open space and conservation
areas and to protect such areas in perpetuity.
The Conservation Subdivision standards address lot arrangement, buffer distances from
drainage ways, stormwater management systems and pedestrian and bicycle facilities.
Many of these standards will apply only during the subdivision process.
Open Space and Conservation Areas. Several Conservation Subdivision standards
are evident in the Master Plan. Conservation areas and open space is required to
comprise at least 25% of the property and must be distributed throughout the
development. The Master Plan identifies approximately 33% of the land area as open
space and conservation areas.
Because no significant native plant communities exist on the site, this conservation area
and will be "naturalized" by establishing native plant communities. Conservation
easements will be established for all conservation areas and maintained according to a
conservation area management plan that is required during the subdivision process.
A requirement of the Conservation Subdivision ordinance is that 80% of the residential
lots must abut a conservation area or open space. Therefore, the Master Plan layout
demonstrates an effort to plan a development pattern of residential areas around central
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open spaces or conservation areas. The details of features within the conservation
areas will be part of the preliminary plat review. The preliminary plat also will provide the
arrangement of these lots and the local streets serving them and final configuration of
open space areas.
Water Quality. In addition to the protection of the water quality in Ada Hayden Lake
afforded by the Conservation Subdivision standards, the city also has design standards
for new construction to protect surface waters from degradation due to storm water
runoff. Ames Municipal Code, Chapter 5B "Post Construction Stormwater Management"
contains these standards and also references the "Iowa Stormwater Management
Manual."
Infrastructure. City and developer have a pre-annexation agreement that, among
other commitments, confirms the developers' contributions to City infrastructure costs.
Installation of water and sanitary sewer mains serving the developments along Grant
Avenue are underway and paving of Grant Avenue will be completed during the 2015.
Public Notice. Notice was mailed to property owners within 200 feet of the subject site
and a sign was posted on the subject property. As of this writing, no comments have
been received.
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Attachment A
Location Map
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Attachment B
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Attachment C
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Attachment D
Proposed Zoning
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Attachment E
Master Plan Sheet
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Attachment F
Applicable Regulations
• Land Use Policy Plan (LUPP) Goals, Policies and the Future Land Use Map:
The Land Use Policy Plan (LUPP) Future Land Use Map identifies the land use
designations for the property proposed for rezoning.
• Ames Municipal Code Chapter 29, Section 1507, Zoning Text and Map Amendments,
includes requirements for owners of land to submit a petition for amendment, a
provision to allow the City Council to impose conditions on map amendments,
provisions for notice to the public, and time limits for the processing of rezoning
proposals.
• Ames Municipal Code Chapter 29, Section 1200, Floating Zones, includes a list of
uses that are permitted in the Village Residential, Suburban Residential and Planned
Residential zoning districts and the zone development standards that apply to
properties in those zones.
Per Section 29.1507(4): Master Plan Submittal Requirements:
a. Name of the applicant and the name of the owner of record.
b. Legal description of the property.
c. North arrow, graphic scale, and date.
d. Existing conditions within the proposed zoning boundary and within 200 feet of
the proposed zoning boundary: Project boundary; all internal property
boundaries; public rights-of-way on and adjacent to the site, utilities; easements;
existing structures; topography (contours at two-foot intervals); areas of different
vegetation types; designated wetlands; flood plain and floodway boundaries;
areas designated by the Ames Land Use Policy Plan as Greenways and
Environmentally Sensitive Areas
e. Proposed zoning boundary lines.
f. Outline and size in acres of areas to be protected from impacts of development
g. Outline and size in acres of areas proposed of each separate land use and for
each residential unit type
h. Pattern of arterial streets and trails and off-site transportation connections
i. For proposed residential development provide the number of unit type for each
area, expressed in a range of the minimum to maximum number to be developed
in each area
j. For proposed residential development provide a summary table describing all
uses of the total site area, including the number of units per net acre for each unit
type and each zoning area.
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Attachment G
Applicant's Narrative— Page I
Hayden's Crossing Subdivision Rezoning
Reasons for Requesting Rezoning
We are requesting the parcel be rezoned from the current Agricultural—A to Suburban Residential—
Low Density FS-RL to allow the development of the property as residential.
Consistency of this rezoning plan with the Land Use Policy Plan
The parcel requested for rezoning meets the consistency and goals of the Land Use Policy Plan(LUPP),
as FS-RL zoning is an acceptable use for residential subdivisions. The LUPP identifies the parcel as part of
the North Allowable Growth Area. We feel that this rezoning meets the following goals of the LUPP:
1. Recognizing that additional population and economic growth is likely,it is the goal of Ames to
plan for and manage growth within the context of the community's capacity and preferences.
This expansion provides for additional housing to provide for the expanding population. It
allows for the utilization of recently upgraded infrastructure to expand the City,making it all
ideal location for a residential subdivision. The community also has a preference to locate here,
as seen by recent construction.
2. In preparing for the target population and employment growth,it is the goal of Ames to
assure the adequate provision and availability of developable land.It is the further goal of the
community to guide the character,location,and compatibility of growth with the area's
natural resources and rural areas. This request fits the character and compatibility of growth of
the surrounding area by expanding on the development of existing residential to provide
sufficient land resources.
1 It is the goal of Ames to assure that it is an"environmentally-friendly"community and that all
goals and objectives are integrated with this common goal.In continuing to serve as a
concentrated area for human habitat and economic activity,Ames seeks to be compatible
with its ecological systems in creating an environmentally sustainable community. The
development planned for this area is to include buffers,natural areas,and storm water
management features based on the City's Conservation Subdivision overlay.
4- it is the goal of Ames to create a greater sense of place and connectivity,physically and
psychologically,in building a neighborhood and overall community identity and spirit.It is the
further goal of the community to assure a more healthy,safe,and attractive environment.
The development is intended to add to the connectivity of the community by having a physical
connection to Ada Hayden Park which will allow for healthy and safe recreation and attractive
views of the environment,
5, It is the goal of Ames to establish a cost-effective and efficient growth pattern for
development in new areas and in a limited number of existing areas for intensification.It is a
further goal of the community to link the timing of development with the installation of public
infrastructure including utilities,multi-modal transportation system,parks and open space.
As noted in item 1,this development will be able to utilize the new infrastructure installed along
Grant Avenue for the development for the North Allowable Growth Area.
15
Attachment G
Applicant's Narrative— Page 2
6. It is the goal of Ames to increase the supply of housing and to provide a wider range of
housing choices. This development will provide for additional lots for construction which will
help with the availability of housing.
7. It is the goal of Ames to provide greater mobility through more efficient use of personal
automobiles and enhanced availability of an integrated system including alternative modes of
transportation. This development will be directly adjacent to a park access and across the
street from a future shared use path,which can both provide alternate modes of transportation.
8. It is the goal of Ames to enhance the role of Downtown as a community focal point. This
project does not propose uses that would duplicate those offered by the downtown. It would
increase population which will provide potential shoppers/customers/users of downtown.
9. it is the goal of Ames to promote expansion and diversification of the economy in creating a
base that is more self-sufficient and that is more sustainable with regard to the environment.
The subdivision provides additional housing for people to allow economic growth.
10. It is the goal of Ames to maintain and enhance its cultural heritage. The proposed site does
not negatively impact the cultural heritage of Ames.
Current Zoning of the subject property
The property is currently zoned Agricultural—A
Proposed Zoning of the subject Property
The requested zoning is Suburban Residential—Low density FS-RL
Proposed Use of the Property
The intended use of the property is single family residential housing.
Legal Description of the property proposed for rezoning.
PARCEL K IN THE NORTHWEST QUARTER OF SECTION 22,TOWNSHIP 84 NORTH,
RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA,AS SHOWN ON THE
PLAT OF SURVEY FILES IN THE OFFICE OF THE RECORDER OF STORY COUNTY ON
.TUNE 8, 2011,ON SLIDE 407, PAGE 5,AND AS INSTRUMENT#11-05323
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL B IN THE NORTHWEST
QUARTER OF SECTION 22-84-24;THENCE N 89'56'39" E, 957.95 FEET ALONG
THE SOUTH LINE OF PARCEL B;THENCE N 89'S6'39" E,522.20 FEET ALONG THE
SOUTH LINE OF PARCEL C IN THE NORTHWEST QUARTER OF SAID SECTION 22;
THENCE S 67'23'32" W,479.92 FEET ALONG THE NORTHWESTERLY LINE OF
PARCEL 1 IN THE NORTHWEST QUARTER OF SAID SECTION 22;THENCE S 54" 17'
44" W,648.06 FEET ALONG THE NORTHWESTERLY CORNER OF SAID PARCEL 1,
AND TO THE WEST LINE OF SECTION 22-84-24;THENCE N 00'02'S2"W,
557.18 FEET ALONG THE WEST LINE OF SECTION 22 -84-24 TO THE POINT OF
BEGINNING, CONTAINING 12.00 ACRES.
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Attachment H
Rezoning Plat
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DO NOT WRITE IN THE SPACE ABOVE THIS LINE;RESERVED FOR RECORDER
Prepared by: Jessica D. Spoden,City of Ames Legal Department, 515 Clark Ave.,Ames,IA 50010;515-239-5146
Return to: Ames City Clerk,Ames City Hall,515 Clark Ave.,P.O.Box 511,Ames,IA 50010
ZONING AGREEMENT FOR ADOPTION OF
THE MASTER PLAN FOR
HAYDEN'S CROSSING SUBDIVISION
5400 GRANT AVENUE
THIS AGREEMENT, made and entered into this day of , 2015, by
and between the City of Ames, Iowa(hereinafter called"City") and Hunziker Land Development
Company, L.L.C. (hereinafter called "Developer"), its successors and assigns, both collectively
being referred to as the "Parties,"
WITNESSETH THAT:
WHEREAS, the Parties hereto desire the improvement and development of an area
which has been recently annexed into the City, known as Hayden's Crossing (hereinafter referred
to as the"Site"); and
WHEREAS, the Parties entered into an Agreement Pertaining to Voluntary Annexation
of the Site, pursuant to which the Developer agreed to seek rezoning of the Site; and
WHEREAS, the Site is designated on the Land Use Policy Plan as Village/Suburban
Residential with certain portions therein also designated as Watershed Protection area; and the
Developer is seeking rezoning of the Site from A - Agriculture zoning to FS-RL - Suburban
Low Density Residential consistent with the LUPP designations and in conformance with the
Agreement Pertaining to Voluntary Annexation; and
WHEREAS, the City Council resolved that a Master Plan accompany this rezoning,
pursuant to Ames Muncipal Code section 29.1507(3), and the Developer has submitted a Master
Plan in conformance with the requirements set forth in Ames Municipal Code
section 29.1507(4); and
WHEREAS, Ames Municipal Code section 29.1507(5) requires approval of a zoning
agreement when a Master Plan is required and that all development of the Site comply with the
Master Plan.
NOW, THEREFORE, the Parties hereto have agreed and do agree as follows:
I.
HAYDEN'S CROSSING MASTER PLAN ADOPTED
The Master Plan set forth at Attachment A and incorporated by reference in this
agreement shall be the Master Plan for the Hayden's Crossing Subdivision.
II.
MASTER PLAN CONDITIONS
The Parties agree to the following additional items which could not be graphically
represented on the master plan:
A. The Developer is responsible for frontage and intersection access improvements at
the time of subdivision.
B. The Master Plan shall include a single pedestrian access from the Site into Ada
Hayden Heritage Park at the location shown on the plan, indicated as "Proposed Off-
Site Connection to Pedestrian Trail".
C. The Site shall include a minimum thirty(30) foot wide buffer of undevelopable open
space to be located between the developed lots of Hayden's Crossing and Ada
Hayden Heritage Park, as shown on the Master Plan as"Open Space".
III.
NON-INCLUSION OF OTHER OBLIGATIONS
The Parties acknowledge and agree that this Agreement is being executed to fulfill a
specific requirement of section 29.1507(5) of the Ames Municipal Code. It is also understood
that this Agreement supplements but does not replace or supersede any agreements made with
the City or third parties as necessary to complete annexation.
The Parties understand that the Master Plan adopts a general conceptual plan for
development, without review or approval of specific subdivision plats or site plans for
development of the Site. The Parties therefore acknowledge that the Master Plan adoption does
not anticipate or incorporate all the additional approvals or requirements that may be required to
properly and completely develop the Site and does not relieve the developer of compliance with
other provisions of the Ames Municipal Code, the Iowa Code, SUDAS, or other federal, state or
local laws or regulations.
IV.
MODIFICATION OF AGREEMENT
Any modifications or changes to the Master Plan shall be undertaken in accordance with
the process provided for in Ames Municipal Code section 29.1507(5).
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed effective as of the date first above written.
CITY OF AMES, IOWA STATE OF IOWA,COUNTY OF STORY,ss:
On this day of ,2015,before me,
By a Notary Public in and for the State of Iowa, personally
Ann H. Campbell, Mayor appeared Ann H. Campbell and Diane R Voss, to me
personally known,who,being by me duly sworn,did say that
they are the Mayor and City Clerk,respectively,of the City of
Attest Ames,Iowa;that the seal affixed to the foregoing instrument
Diane R. Voss, City Clerk is the corporate seal of the corporation;and that the instrument
was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in Resolution No.
adopted by the City Council on the day of
, 2015, and that Ann H. Campbell and
Diane R.Voss acknowledged the execution of the instrument
to be their voluntary act and deed and the voluntary act and
deed of the corporation,by it voluntarily executed
Notary Public in and for the State of Iowa
HUNZIKER LAND DEVELOPMENT STATE OF IOWA,COUNTY OF STORY,ss:
COMPANY, LLC This instrument was acknowledged before me on
, 2015, by Chuck Winkleblack as
By Manager of Hunziker Land Development Company,L.L.C.
Chuck Winkleblack, Manager
Notary Public in and for the State of Iowa
ATTACHMENT A
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DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Judy K.Parks,Ames City Attorney,515 Clark Avenue,Ames,IA 50010 Phone:515-239-5146
Return to:Ames City Clerk,P.O.Box 811,Ames,IA 50010 Phone:515-239-5105
ORDINANCE NO.
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF AMES,IOWA,AS PROVIDED FOR IN SECTION 29.301 OF THE
MUNICIPAL CODE OF THE CITY OF AMES,IOWA,BY CHANGING THE
BOUNDARIES OF THE DISTRICTS ESTABLISHED AND SHOWN ON
SAID MAP AS PROVIDED IN SECTION 29.1507 OF THE MUNICIPAL
CODE OF THE CITY OF AMES,IOWA;REPEALING ALL ORDINANCES
AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND
ESTABLISHING AN EFFECTIVE DATE
BE IT HEREBY ORDAINED by the City Council of the City of Ames, Iowa;
Section 1: The Official Zoning Map of the City of Ames, Iowa, as provided for in
Section 29.301 of the Municipal Code of the City of Ames, Iowa, is amended by changing the
boundaries of the districts established and shown on said Map in the manner authorized by
Section 29.1507 of the Municipal Code of the City of Ames,Iowa, as follows: That the real estate,
generally located at 5400 Grant Avenue, is rezoned with a Master Plan from Agricultural (A) to
Suburban Residential Low Density(FS-RL).
Real Estate Description: Parcel K in the Northwest Quarter of Section 22,
Township 84 North,Range 24 West of the 5th P.M., Story County,Iowa, as shown
on the plat of survey files in the office of the Recorder of Story County on June 8,
2011, on Slide 407, Page 5, and as Instrument#11-05323.
More particularly described as follows:Beginning at the Southwest Corner of Parcel
B in the Northwest Quarter of Section 22-84-24; thence N89°56'39" E, 957.95 feet
along the South line of Parcel B;thence N89°56'39" E, 522.20 feet along the South
line of Parcel C in the Northwest Quarter of said Section 22; thence S67°23'32" W,
479.92 feet along the Northwesterly line of Parcel J in the Northwest Quarter of said
Section 22;thence S54°17'44"W,648.06 feet along the Northwesterly Corner of said
Parcel J,and to the West line of Section 22-84-24;thence N00°02'52"W,557.18 feet
along the West line of Section 22-84-24 to the point of beginning,containing 12.00
acres.
Section 2: All other ordinances and parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
Section 3: This ordinance is in full force and effect from and after its adoption and
publication as provided by law.
ADOPTED THIS day of ,
Diane R. Voss, City Clerk Ann H. Campbell,Mayor
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