HomeMy WebLinkAboutA012 - Council Action Form dated November 24, 2015 ITEM #: 29
DATE: 11-24-15
COUNCIL ACTION FORM
SUBJECT: REZONE PROPERTY LOCATED AT 101, 105, AND 107 SOUTH
WILMOTH AVENUE FROM RESIDENTIAL HIGH DENSITY (RH) WITH
THE WEST UNIVERSITY IMPACTED DISTRIC OVERLAY TO
RESIDENTIAL HIGH DENSITY (RH) AND TO REZONE THE
PROPERTY LOCATED AT 205 SOUTH WILMOTH AVENUE FROM
RESIDENTIAL LOW DENSITY (RL) TO RESIDENTIAL HIGH DENSITY
(RH).
BACKGROUND INFORMATION:
Breckenridge Group Ames Iowa, LLC is requesting rezoning for property located at 101,
105, 107, and 205 S. Wilmoth Avenue. The four lots proposed for rezoning contain 8.91
acres and are currently zoning Residential Low Density (205 S. Wilmoth) and
Residential High Density with the University West Impacted District (101, 105, and 107
S. Wilmoth). (See Attachment A, Location and Current Zoning Map.) The developer of
the sites proposes the development of a mixed residential and commercial development
and is requesting a rezoning from RL to RH for 205 Wilmoth and from RH with the West
University Impacted District Overlay to the base RH zoning. (See Attachment C,
Proposed Zoning Map)
The development of the properties will be required to be consistent with the approved
settlement agreement from July 28, 2015 between the City of Ames and Breckenridge
Group that would allow for future development of a residential use of up to 422 beds
and the development of between 15,000 and 40,000 square feet of commercial
development as mixed use. The property owner has also agreed to a three-story height
limit for development of the combined sites. A contract rezoning agreement (see
attached) is included with this request to ensure development will be consistent with
these provisions of the settlement agreement.
City Council recently approved a minor Land Use Policy Plan Amendment for the
subject properties to allow for such development. (Attachment B, Existing LUPP Map)
The Amendment placed a commercial designation along Lincoln Way for the purpose of
having mixed-use commercial buildings and had high density residential on the
remainder of the site to allow for apartment development. The LUPP map shows the
general boundaries of land use designation for these two uses and are not meant to be
a precise delineation for future development of the sites.
The site abuts low-density zoned development to south, a majority of the land to the
west is low density with one commercial site along Lincoln Way, to the north is split
zoning of low-density residential and commercial, and properties to the east are mostly
low-density residential with RH West University Impacted District zoning along Lincoln
Way.
Under the regulations for RH zoning, commercial uses such as office, retail sales, and
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restaurants are permitted through approval of a Major Site Development Plan if the area
of such use exceeds 5,000 square feet. In this case, a Major Site Development Plan
would be required for development of the site due to the requirement of the
settlement agreement and stipulations of the contract rezoning for at least 15,000
square feet of mixed-use commercial development.
The RH zone for residential uses has a limit of 38.56 units per acre. A wide variety of
multiple family housing types are principally allowed with RH zoned areas under the
High Density designation. To provide context to the size of the site and the proposed
rezoning with the 422 bed limitation agreed upon by the applicant, staff estimates an
average of three bedrooms per unit for a total of 141 units split between 3 acres of
commercial and 5.5 acres of residential. This would yield approximately 15-30 mixed
use apartments above commercial and 110 to 125 stand alone apartment units. The
average density for such a configuration would be 17 units per acre with a residential
density of approximately 22 units per acre. However, this is only one example of how
development could occur under the proposed designations; there are many alternative
configurations to this example that are not actually known at this time.
The applicant is also requesting removal of the existing West University Impacted
District Overlay zone on the three parcels (.55 acres) fronting on Wilmoth (101, 105,
and 107 S. Wilmoth). The overlay does not extend across the remainder of the site.
Buildings developed within the Overlay are subject to a 4-story height limit, additional
front yard landscaping, architecturally designed front entrances, and a 25% higher
parking rate.
The attached addendum includes additional information and analysis of the rezoning
proposal.
Neighborhood Submitted Protest:
Representatives of the local neighborhood have submitted a petition protesting the
rezoning of the 205 S. Wilmoth property. Section 29.1507 (8) of the Ames Municipal
Code states that when more than 20% of the property within 200 feet of the proposed
rezoning have protested such rezoning, the City Council shall only approve a zoning
amendment with an affirmative vote of 5 of the 6 City Council members. The petition for
205 Wilmoth includes signatures from 22 of the 47 properties representing 43% of the
property area within 200 feet of the 205 Wilmoth rezoning. However, the rezoning of
101, 105, and 107 does not have a valid petition for protesting the rezoning of these
properties and will be subject to standard majority vote rules.
Planning and Zoning Commission Recommendation:
At a public hearing on October 21, 2015, the Planning and Zoning Commission voted
5-0 to recommend that the City Council rezone the subject properties from Residential
Low Density (RL) and Residential High Density (RH) with the West University Impacted
District (O-UIW) to Residential High Density (RH).
ALTERNATIVES:
Due to the two separate rezoning amendments and the petition protesting the rezoning
of 205 Wilmoth, the Council must take action on two separate ordinances as described
below.
Rezoning of 205 S. Wilmoth Avenue:
1. The City Council can approve on first reading the request for rezoning for the
property at 205 South Wilmoth Avenue from Residential Low Density (RL) to
Residential High Density (RH), based upon the applicant's project description and
staff's analysis, as found in the addendum, with the contract rezoning agreement
that includes the following conditions of approval:
a. Breckenridge develop not more than 422 beds of housing for no more than
422 residents spread across the "Enlarged North Parcel," or 350 beds if not
combined;
b. Breckenridge develop a mixed use building or buildings with a minimum of
15,000 square feet of commercial space up to a maximum of 40,000 square
feet on the first floor of those buildings that have frontage on Lincoln Way;
c. None of the buildings on the lot may exceed three stories in height.
2. The City Council can split zone the site to approximately 3 acres of Highway
Oriented Commercial and 6 acres of Residential High Density with a proper legal
description prepared prior to adopting the ordinance.
3. The City Council can approve the requested rezoning of property with modified
conditions of rezoning.
4. The City Council can defer action on this request and refer it back to City staff and/or
the applicant for additional information.
Rezone of 101, 105, and 107 S. Wilmoth Avenue:
1. The City Council can approve on the first reading the request for rezoning for the
properties at 101, 105, and 107 South Wilmoth Avenue from Residential High
Density (RH) with the University West Impacted District Overlay to Residential High
Density (RH), based upon the applicant's project description and staff's analysis, as
found in the addendum, with the contract rezoning agreement that includes the
following conditions of approval of the rezoning request:
a. Breckenridge develop not more than 422 beds of housing for no more than
422 residents spread across the "Enlarged North Parcel",
b. Breckenridge develop a mixed use building or buildings with a minimum of
15,000 square feet of commercial space up to a maximum of 40,000 square
feet on the first floor of those buildings that have frontage on Lincoln Way;
c. None of the buildings on the lot may exceed three stories in height.
2. The City Council can approve the requested rezoning of property with modified
conditions of rezoning.
3. The City Council can defer action on this request and refer it back to City staff and/or
the applicant for additional information.
4. The City Council can deny the request to rezone 101,105, and 107 Wilmoth Avenue.
CITY MANAGER'S RECOMMENDED ACTION:
The four properties were recently the subject of an LUPP Amendment to provide for
mixed use commercial development and apartment development. Review of the RH
Checklist indicates the site scored high with the tool due to its proximity to a variety of
services and access to transit. The site scores high on the tool because of its proximity
to a variety of daily services (commercial, parks, etc.) and employment centers including
ISU campus. Although project design details are not available at this time, the limits on
intensity of use and height along with tax abatement incentives for design features are
an approach to help ensure a compatible and desirable future development of the site.
Individual site layout and design issues will have to be considered in more depth when a
site plan is available for review.
The designation of the LUPP amendment to HOC for the frontage of the property along
Lincoln Way was intended to allow for the future development of a mixed residential and
commercial development type on the property either through the recently approved
mixed use overlay, or as requested through the use of the commercial opportunities
allowed under the RH zone. With the contract rezoning of the site, staff feels the intent
of the land use designation for a commercial function on the Lincoln Way frontage is
being provided and therefore can be found to conform to the LUPP. It will be important
at the site plan stage of the development to confirm that the commercial component
does in fact meet commercial development interests and that the site overall includes
suitable transitions between the proposed uses on the site as well as with the
surrounding commercial and residential uses abutting the property.
Prior to the development of the site, infrastructure adequacy will be verified in
connection with the Major Site Development Plan criteria. Sanitary Sewer service will
be verified by the Public Works Department based upon a precise project description.
Additionally, evaluation of the traffic generated by the project and site access points will
be required.
Due to the submitted neighborhood protest for the rezoning request for the property at
205 S. Wilmoth Avenue, Council is required to have two separate motions for the
proposed rezoning. Therefore, in regards to the rezoning request for 205 S.
Wilmoth Avenue, the City Manager recommends Alternative #1 for the City
Council to approve the rezoning of property at 205 South Wilmoth Avenue from
Residential Low Density (RL) to Residential High Density (RH) with the contract
rezoning agreement.
For the rezoning request for 101, 105, and 107 S. Wilmoth Avenue, the City
Manager recommends Alternative #1 for the City Council to approve the rezoning
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of the properties at 101, 105, and 107 South Wilmoth Avenue from Residential
High Density (RH) with the University West Impacted District Overlay to
Residential High Density (RH) with the contract rezoning agreement.
ADDENDUM
REZONING BACKGROUND:
Existing Land Use Policy Plan. The LUPP designation of the subject area is Highway
Oriented Commercial on the Lincoln Way frontage with High Density Residential on the
remaining area of the site. This revision to the LUPP was recently approved by the City
Council. An existing LUPP map of the immediate area can be found in Attachment B.
The intent of the Highway Oriented Land Use designation is for commercial uses that
are appropriate for strip developments along the frontage of major thoroughfares such
as Lincoln Way in this case. While the Highway Oriented Land use designation does
not strictly allow for a mixed commercial/residential land use, the commercial uses
typical of this type of strip development is compatible with a mixed use development
and can be seen to be appropriate for this area of Lincoln Way. With the requirements
of the settlement agreement for mixed use development, and the use of a zoning
contract to effectuate the terms for commercial uses the proposed request, while even
under residential zoning, can be seen to be compatible with the intended land use of the
Highway Oriented Commercial designation of the LUPP.
The area of the property not fronting on Lincoln Way has been designated at High
Density Residential in the LUPP. The High Density Residential Designation is described
in the LUPP as a development density exceeding 11.22 units per acre. The LUPP does
not include a stated maximum density, but the corresponding zoning of RH has a limit of
38.56 units per acre. A wide variety of multiple family housing types are principally
allowed with RH zoned areas under the High Density Land Use Designation. Due to the
size of the site, appropriate transitions appear to be able to be incorporated into the
design of the site in a manner that is consistent with other commercial areas to the west
of the subject site that will interface with the proposed residential properties.
The applicant has provided support materials (found in Attachment E) regarding the
proposed rezoning and its conformance with the Land Use Policy Plan.
Zoning. The subject parcels are currently zoned Residential Low Density (RL) on the
205 Wilmoth parcel (previously the school track property) and High Density Residential
(RH) on the three acquired parcels fronting on South Wilmoth Avenue. The three
properties zoned RH also are encompassed within the West University Impacted District
Overlay zone. The applicant is requesting rezoning for a mixed residential and
commercial development in the Residential High Density (RL) zone. The applicant is
also requesting removal of the existing West University Impacted District Overlay zone
on the three parcel fronting on Wilmoth (101, 105, and 107 S. Wilmoth). The properties
to the north and northeast of the subject sites are zoned HOC and RL and properties to
the west, south, and east are zoned RL with some RH zoned properties west of the site.
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With the required use of the property as a mixed use development, the split in the LUPP
designation of the site could allow for both HOC and RH zoning districts to be
compatible with the existing LUPP designation. As requested, the RH zone permits
commercial uses and can comply with the commercial requirement of the development
while also allowing for a range of residential uses. Based on the minimum 15,000
square feet of commercial area required for the development within the settlement, the
approval of a Major Site Plan for the entire site will be required prior to development of
the properties.
The RH zone does not have any specific site layout or design requirements other than
the base zone bulk/density development standards. General parking and landscape
requirement will apply. However, the Major Site Plan criteria triggered by the amount of
commercial space will allow for site design and layout review including such elements
as building scale and placement, drainage, landscaping, vehicular and pedestrian
access, parking and circulation as well as safety requirements.
The HOC zone could also be requested to meet the commercial requirements, however,
would not permit the residential uses above the commercial space as a base zone. The
mixed use overlay would have to be applied to a HOC zoning request to address an
allowance for mixed use buildings with residential uses above the first floor commercial
space. This designation would require the submittal of a Major Site Plan at the time of
the rezoning request to show compliance with the standards and guidelines of the
mixed use overlay including such elements and building orientation, parking, access,
FAR, minimum commercial area, interior building heights, etc. Staff believes these
Mixed Use guidelines will still be appropriate to be considered and applied to any
mixed use development along Lincoln Way, regardless of the base zoning. Base
HOC zoning has other slight differences in its development standards compared to RH.
Differences could include landscaping open space percentage of 15%, reduced
setbacks, and other minor differences.
The West University Impacted District Overlay area is intended to allow for increased
housing diversity and density in and around the University, while regulating uses by
addressing such items as location, height, landscaping and fencing, parking, and
exterior fagade materials. The overlay's most significant regulations compared to RH
base zone standards are the 4-story height limit, parking at a rate of 1.25 spaces per
bedroom, and enhanced landscaping. The removal of the overlay zone, as requested
by the application, does remove such regulations from the affected sites, however, the
requirements of the Major Site Plan for the overall project for the commercial uses on
the property will be able to address many of the same elements of the site regarding
site layout, landscaping and buffering. Additionally, the contract rezoning with a three
story height limit and bedroom limitation are more restrictive than the Overlay.
Access. The properties have frontage on both Lincoln Way and S. Wilmoth Avenue.
Hilltop Avenue also dead ends along the south property line of the subject property. It is
anticipated that commercial access from Lincoln Way will be desired for the commercial
component of the project; however, residential access for the remainder of the site
should be designed off of the S. Wilmoth frontage.
Staff believes that reviewing localized effects of operations near the site and accessing
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the site is the highest priority for understanding the potential traffic impacts of
development. A traffic study is usually triggered when at least 100 peak hour trips are
added to the transportation network. The scope of evaluation then depends on the
specific types of trips, nearby operations, and potential for project specific impacts. The
proposed development of the site within the limits of the development agreement would
likely exceed that 100 trip threshold and the Public Works Department would request a
specific evaluation based on the potential for significant impacts from a particular
project. Although we have existing traffic counts and projections for Lincoln Way
operations at key intersections, we do not have specific information at Wilmoth. This
means dealing with access from Lincoln Way and use of Wilmoth as a concentrated
point of access for the apartments will at a minimum necessitate a traffic evaluation at
the time of site plan review.
Additionally, it is noted that while there is existing transit service to the area by way of
existing routes and stops on Lincoln Way. This site would have immediate access to the
system along Lincoln Way. However, currently CyRide is at capacity at many peak
travel times during the day.
Infrastructure. Access to existing sewer and water infrastructure is available to the site
from both Lincoln Way and S. Wilmoth Avenue. Staff finds that the capacities of
sanitary sewer, water, and traffic access are acceptable to plan for the more intense
development on this site. Verification of sewer capacity is required in this area as part of
a sewer master planning and modeling efforts that are underway. Any specific
improvements needed for a particular development type or configuration can be
identified and addressed Major site development plan review stage. Easements needed
for the site utilities can be addressed through the future consolidation of the lots as part
of the Plat or at the time of Site Plan review of the property.
Urban Revitalization. The City Council has a separate issue from the rezoning request
that directed establishment of an Urban Revitalization Area with an incentive of tax
abatement for a project includes specific features relating to site design. A number of
the items related to commercial standards and minimum compatibility features for
apartment development, such as brick facades, architectural entrances, roof types,
parking, minimum fencing and buffer standards. It should be noted the tax abatement
incentives are not mandatory conditions of development unless the property owner
seeks the property tax abatement incentive. A list of the draft tax abatement
prerequisites is included as Attachment F.
Applicant's Statements. The applicant has provided an explanation of the reasons for
the rezoning. See Attachment E.
Findings of Fact. Based upon an analysis of the proposed rezoning and laws pertinent
to the applicant's request, staff makes the following findings of fact:
1. Ames Municipal Code Section 29.1507(2) allows owners of fifty percent (50%) or
more of the area of the lots in any district desired for rezoning to file an application
requesting that the City Council rezone the property.
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2. The subject property has been designated on the Land Use Policy Plan (LUPP)
Future Land Use Map as "Highway Oriented Commercial" and "Residential High
Density".
3. The "Residential High Density" and the "Highway Oriented Commercial" land use
designation of the LUPP can be determined to support the "RH" (Residential High
Density) zoning designation. Multiple-family residential uses as well as
commercial land uses can be developed in the RH, provided a contract obligates
the zone to a minimum area of commercial space, the RH zoning request can be
determined to meet the goals of the Highway Oriented Land Use designation.
4. Infrastructure is generally available for development of the properties. Verification
of capacity for a specific project will occur prior to project approval. Necessary
easements for service line connections will be determined at the Site Plan review
stage.
5. Access to this site is from Lincoln Way and South Wilmoth Avenue, both being
public street rights-of-way.
Public Notice. Notice was mailed to property owners within 200 feet of the subject sites
and a sign was posted on the subject property.
Representatives of the local neighborhood have submitted a petition with 23% of the
owners within 200 feet of site protesting the rezoning of the site. This means that at the
time of a City Council consideration of the request, it would require an affirmative vote
by 5 of the 6 City Council members for the rezoning to be approved.
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Attachment A: Location and Current Zoning
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Attachment B: Land Use Policy Plan Map [Excerpt]
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Attachment C: Proposed Zoning Map
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Attachment D: 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.
Goal No. 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. It is the further goal of the community to manage its growth
so that it is more sustainable, predictable and assures quality of life.
Goal No. 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.
Goal No. 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.
Goal No. 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.
Goal No. 6. It is the goal of Ames to increase the supply of housing and to provide a
wider range of housing choices.
• 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, provisions for public protest of a rezoning.
• Ames Municipal Code Chapter 29, Section 704, Residential High Density, includes a
list of uses that are permitted in the RH zoning district and the zone development
standards that apply to properties in that zone.
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Attachment E: Applicant Statement
Aspen Heights Development
Rezoning Application
Applicant Statement
1. A written explanation of the reasons for the requested rezoning.
The subject property is currently made up of two different zonings as described
below in item 3. It is the intent of the applicant to rezoning the property,as
described in item d,to allow for a mixed use development made up primarily of
apartment style housing with a limited amount of commercial area along Lincoln
Way.
2. A written explanation of the consistency of this rezoning with the Land Use Policy Plan
(LUPP).
The requested rezoning is consistent with the goals described in Chapter One,
"Planning Base"of the LUPP in the following ways:
a. Planning and management of growth
Additional land is needed to allow for residential growth. Rezoning this
property would help the Ames community in achieve their goals.
b. Developable area provisions
This rezoning will convert the property to a use conforming to the City's
long range plan and goals,while also conserving land resources at the
peripheral of Ames for future grow and development.
c. Environmental-friendliness
As the property exists today,the community is seeing little to no benefit to
the natural and visual environment. As a grass field void of existing trees
and landscaping,the property is not inviting from a visual or habitat
prospective. As required by the development criteria of Ames,
development of this property will includes trees, landscaping,and water
quality features,that will enhance not only the visual appearance of the
property and a sense of place for those living there, but also provide
additional animal habitat within the urban core of the community.
d. Sense of place and connectivity
As proposed,this rezoning will create a mixed use development. Mixing
uses of residential and commercial/retail will develop a sense of place
where residents may be able to live and shop without leaving the overall
development. Reducing the need for residents to travel on the existing
transportation system.
e. Cost-effectiveness and efficient growth pattern
By rezoning a property within the urban core,this development will be able
to use existing utilities and other City infrastructure systems already in
place. This inherently reduces the cost of development,along with
immediate and long term costs to the City.
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Attachment E: Applicant Statement, Cont.
f. Housing opportunities expansion
The major use as proposed by this zoning is residential. Goal No.6 states,
"It is the goal of Ames to increase the Supply of housing..." By rezoning
this property from Low Density to High Density,the rezoning will do just
that. Additional housing will be added to the community providing for
more choice among the Ames residents.
g. Mobility and alternative transportation
When planning and locating multi-family developments, it is important that
they are located on or in close proximity to major transportation
thoroughfares. The property is located along Lincoln Way,a major corridor
through the City of Ames.
h. Downtown as a central place
This zoning does not propose any activities that would duplicate those
offered by Downtown, or in anyway, diminish the role of Downtown as a
community focal point.
L Econornic expansion and diversification
With the inclusion of a commerciallretail uses within the development as a
whole,this will provide the opportunity for small business growth with a
defined consumer base within walking distance.
j. Cultural heritage preservation
The limits of the property included in the rezoning does not impact any
known historical or architecturally significant structures or areas.
3. Current Zoning of the subject property.
Refer to attached Figure 1:
Area A: Residential Low Density"RL"
Area B: Residential High Density"RH"wl W. University Impacted District
4. Proposed Zoning of the subject property.
Refer to attached Figure 1:
Area A: Residential High Density"RH"
Area B: Residential High Density"RH"
5. Proposed use of the property in sufficient detail to determine code compliance.
The development,as currently proposed,is to re-develop the property from an
institutional use to and multi-family apartment style complex along with a small
amount of retail/commercial space to be located along Lincoln Way. The
development shall be designed to meet current City codes,for not only building
construction, but landscaping and buffering, parking,stormwater management,
and traffic distribution.
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Attachment E: Applicant Statement, Cont.
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6PAGHIi; SCALE ."-f 04'
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r,I�nWN I3r'.�uf� ASPEN HEIGHTS DEVELOPMENT-AMES,IOWA � C�OLSSON g
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15
Attachment F: URA DRAFT Qualifying Criteria
1. All buildings shall use clay brick as the principal building material for 80% of the front
facades, excluding openings. The remaining facades shall incorporate clay brick or cut
stone into 50% of the fagade materials.
2. Buildings used solely for residential and accessory uses shall utilize hipped or gabled
roofs. Mixed-use buildings are exempt from this standard.
3. The project shall provide additional commercial parking in excess of the retail/office
parking rate of 3.3 spaces per 1,000 square feet of gross commercial floor area. A
minimum of 20% of the commercial floor area shall provide parking at a rate of 9 spaces
per 1,000 square feet of gross commercial floor area for the first 30,000 square feet of
gross floor area.
4. A clubhouse, as defined in the Zoning Ordinance, shall not be permitted on the ground
floor of a commercial mixed use building.
5. Ground floor commercial uses of mixed use buildings must be a permitted use of the
HOC base zone for Office Uses; Retail Sales and Services Uses; Entertainment,
Restaurant, and Recreation; and miscellaneous use of childcare.
6. Typical commercial tenant footprint shall have a minimum depth of 40 feet.
7. Commercial areas shall have a floor to ceiling height of a minimum of 12 feet.
8. Primary entrances to residential buildings shall include covered entries with architectural
enhancements.
9. The residential project shall receive and maintain certification for the Iowa Crime Free
Multi-Housing Program administered by the Ames Police Department.
10. The project shall utilize a Sign Program for commercial tenants that provide a cohesive
design and lighting style to the site. Sign Program will allow for wall signage per the Sign
Code. If a commercial ground sign is constructed, it is restricted to a single monument
sign along Lincoln Way and shall include a decorative base compatible with the
commercial buildings finishes and have an opaque sign face background. The Sign
Program must be approved by the Planning Director.
11. The project shall provide landscape buffering with the L3 and F2 standards in a
minimum of a 10-foot-wide planter along the perimeter property lines of the site.
12. The project shall provide street trees, per City specifications, along Wilmoth Avenue.
13. No balconies shall face the perimeter of the site.
16
RH Site Evaluation Matrix
Project Consistency
�<< RH Site Evaluation Matrix
High_.,,.: Average Low
Location/Surroundings
Integrates into an existing neighborhood with appropriate interfaces and
transitions
High=part of a neighborhood, no significant physical barriers, includes transitions; X
Average=adjacent to neighborhood, some physical barriers, minor transitions;
Low=separated from an residential existing area, physical barriers, no transitions
available
Located near daily services and amenities (school, park,variety of commercial)
High=Walk 10 minutes to range of service;
Average=10 to 20 minutes to range of service; X
Low=Walk in excess of 20 minutes to range of service.
*Parks and Recreation has specific service objectives for park proximity to
residential
Creates new neighborhood, not an isolated project (If not part of neighborhood,
Does it create a critical mass or identifiable place, support to provide more X
services?)
Located near employment centers or ISU Campus (High=10 minute bike/walk or 5
minute drive; Average is 20 minute walk or 15 minute drive; Low= exceeds 15 X
minute drive or no walkability)
Site
Contains no substantial natural features on the site (woodlands, wetlands, X
waterways)
Located outside of the Floodway Fringe X
Separated adequately from adjacent noise, business operations, air quality(trains, X
highways, industrial uses, airport approach)
Ability to preserve or sustain natural features X
Housing Types and Design
Needed housing or building type or variety of housing types X
Architectural interest and character X
Site design for landscape buffering X
Includes affordable housing (Low and Moderate Income)) X
Continued next page...
Transportation
17
Adjacent to CyRide line to employment/campus
High=majority of site is 1/8 miles walk from bus stop; X
Average= majority of site 1/4 mile walk from bus stop;
Low= majority of site exceeds 1/4 miles walk from bus stop.
CyRide service has adequate schedule and capacity
High=seating capacity at peak times with schedule for full service X
Average=seating capacity at peak times with limited schedule
Low=either no capacity for peak trips or schedule does not provide reliable service
Pedestrian and Bike path or lanes with connectivity to neighborhood or commute X
Roadway capacity and intersection operations (existing and planned at LOS C) X
Site access and safety X
Public Utilities/Services
Adequate storm, water, sewer capacity for intensification
High=infrastructure in place with high capacity
Average=infrastructure located nearby, developer obligation to extend and serve X
Low=system capacity is low, major extension needed or requires unplanned city
participation in cost.
Consistent with emergency response goals
High=Fire average response time less than 3 minutes
Average=Fire average response time within 3-5 minutes X
Low=Fire average response time exceeds 5 minutes, or projected substantial
increase in service calls
Investment/Catalyst
Support prior City sponsored neighborhood/district investments or sub-area X
planning
Creates character/identity/sense of place X
Encourages economic development or diversification of retail commercial (Mixed X
Use Development)
18
DO NOT WRITE IN THE SPACE ABOVE THIS LINE; RESERVED FOR RECORDER
Prepared by: Judy K. Parks,Ames City Attorney, 515 Clark Ave.,Ames,IA 50010; 515-239-5146
Return to: Ames City Clerk Ames Cif Hall P.O.Box 811 Ames IA 50010
CONTRACT REZONING AGREEMENT BETWEEN BRECKENRIDGE GROUP
AMES IOWA LLC AND THE CITY OF AMES
THIS AGREEMENT ("Agreement") made and entered into this day of
, 2015, by and between the City of Ames, Iowa (hereinafter called "City") and
Breckenridge Group Ames Iowa LLC (hereinafter called "Developer") (the City and the
Developer are sometimes hereinafter collectively referred to as the "Parties" or individually as a
"Party"),their successors and assigns.
RECITALS:
WHEREAS, Developer has applied to the City for rezoning of the parcel at 205
South Wilmoth Avenue (the "North Parcel") from its present zoning designation of RL
(Residential Low Density) to RH (Residential High Density) as legally described on Attachment
A and depicted on Attachment B; and
WHEREAS, Developer has applied to the City for rezoning of 101, 105 and 107
South Wilmoth Avenue (collectively, the "Adjacent Parcels") (the North Parcel and the Adjacent
Parcels are hereinafter collectively referred to as the "Enlarged North Parcel") from their present
zoning designation as RH (Residential High Density) with a West University Impacted District
overlay (the "Overlay"), to a base RH (Residential High Density) zoning designation without the
Overlay as legally described on Attachment A and depicted on Attachment B; and
WHEREAS, Developer and the City desire to enter into this Agreement related to the
development of the North Parcel and optionally by the Developer as the Enlarged North Parcel to
incorporate provisions of the Settlement Agreement between Breckenridge and the City of Ames
dated on or about August 3, 2015, that affect the North Parcel and/or the Enlarged North Parcel,
as provided for under Iowa Code Section 414.5.
NOW, THEREFORE,the Parties have agreed and do agree as follows:
I.
INTENT AND PURPOSE
A. It is the intent of this Agreement to:
1. Recognize that the Developer is the owner of multiple properties that are
being rezoned (i.e. the North Parcel and the Adjacent Parcels) and has
expressly agreed to the imposition of additional conditions as authorized
pursuant to Iowa Code Section 414.5.
2. Restate and confirm the terms of the Settlement Agreement with respect to
the intensity of development on the North Parcel.
3. Restate and confirm the terms of the Settlement Agreement with respect to
the ability of the Developer to consolidate the North Parcel and the
Adjacent Parcels into the Enlarged North Parcel.
4. Restate and confirm the terms of the Settlement Agreement with respect to
the requirement of a mixed-use development on the North Parcel with a
certain minimum (i.e 15,000 sf) and maximum (i.e. 40,000 sf) amount of
commercial space.
5. Restate and confirm the terms of the Settlement Agreement with respect to
specific height limitations for the structures to be built on the North Parcel
or on the Enlarged North Parcel.
6. To support rezoning of the Adjacent Properties to RH without the Overlay
and to establish a 3-story height limit to ensure compatible development of
the properties.
II.
INTENSITY OF DEVELOPMENT OF PARCEL(S)
Upon the consolidation of the North Parcel and the Adjacent Parcels into the Enlarged
North Parcel, the maximum number of beds of housing that can be developed is four hundred
twenty-two (422) for no more than four hundred twenty-two (422) residents. In the event the
North Parcel is not consolidated into the Enlarged North Parcel, then the development on the
North Parcel shall be limited to no more than three hundred fifty (350) beds of housing and 350
residents.
III.
OTHER SETTLEMENT TERMS
A. Commercial Space Requirements. The Developer shall develop on the North or
the Enlarged North Parcel a minimum of fifteen thousand (15,000) square feet of
commercial space, up to a maximum of forty thousand (40,000) square feet of
commercial space on the first floor of a mixed use building or mixed use
buildings that may have frontage on Lincoln Way. (Discussed on phone with
BTOR, by listing only buildings it will force all structure on Lincoln to be mixed
use, which is not Breckenridge's intent)
B. Height of Buildings. None of the buildings on the North Parcel, Adjacent Parcels,
or Enlarged North Parcel may exceed three (3) stories in height. (discussed on the
phone with BTOR)
IV.
GENERAL PROVISIONS
A. Non-Inclusion of Other Improvement Obligations. The Parties acknowledge and
agree that it is not possible to anticipate all the infrastructure requirements that the Developer
may be required to complete to properly develop the North Parcel, Enlarged North Parcel, or
Adjacent Properties. Therefore, the Parties agree that all work done by and on behalf of the
Developer with respect to, but not limited to, water, sanitary sewer, transportation, electric
service, and storm water, shall be made in compliance with Iowa Code, Iowa Statewide Urban
Design and Specifications (SUDAS), and all other federal, state, and local laws and policies of
general application, including but not limited to the Ordinances (as defined in Article IV(E)
herein), whether or not such requirements are specifically stated in this Agreement. (per phone
call with BTOR that first sentence not needed)
B. Modification; Consistency with Settlement Agreement. The Parties agree that
this Agreement may be modified, amended or supplemented only by written agreement of the
Parties and only as necessary to carry out terms of the Settlement Agreement.
C. General Applicability of Other Laws and Ordinances. The Developer understands
and agrees that all work done by or on behalf of the Developer with respect to, but not limited to,
transportation improvements (both on-site and off-site), building design and construction, site
improvements, and utilities (both on-site and off-site) shall be made in compliance with Iowa
Code, the Ames Municipal Code, Iowa Statewide Urban Design and Specifications(SUDAS) and
all other federal, state and local laws of general application, whether or not such requirements are
specifically stated in this Agreement. All ordinances, regulations and policies of the City now
existing, or as may hereafter be enacted, shall apply to activity or uses on the North Parcel,
Enlarged North Parcel, or Adjacent Parcels.
D. Incorporation of Recitals and Exhibits/Attachments. The Recitals, together with
any and all exhibits and other attachments hereto, are confirmed by the Parties as true and
incorporated herein by reference as if fully set forth verbatim. The Recitals and exhibits are a
substantive contractual part of this Agreement.
E. Reservation of Rights. Notwithstanding anything in this Agreement to the
contrary, including, but not limited to, language herein concerning the requirement of the
Developer to comply with ordinances, regulations and policies (collectively, the "Ordinances")
of the City related to the development of the North Parcel, Enlarged North Parcel, or Adjacent
Parcels, the Developer hereby reserves the right to dispute, challenge, seek a waiver of and/or
variance for or otherwise contest any and all of such Ordinances and the City and the Developer
hereby understand, acknowledge and agree that the execution of this Agreement shall not, in any
manner, be deemed a waiver of any right of the Developer with respect to the applicability of or
compliance with the Ordinances.
V.
COVENANTS RUN WITH THE LAND
Except as expressly provided herein, this Agreement shall run with the North Parcel and
Adjacent Parcels and shall be binding upon the Developer, its successors, subsequent purchasers
and assigns. Each Party hereto agrees to cooperate with the other in executing a Memorandum
of Agreement that may be recorded in place of this document.
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be
executed effective as of the date first above written.
Signatures on Following Page
CITY OF AMES, IOWA BRECKENRIDGE GROUP AMES
IOWA LLC
By By
Ann H. Campbell, Mayor Greg Henry, Manager
Attest STATE OF TEXAS, COUNTY OF TRAVIS,ss:
Diane R. Voss, City Clerk
This instrument was acknowledged before me on
, 2015, by Greg Henry,
Manager of Breckenridge Groups Ames Iowa LLC.
STATE OF IOWA,COUNTY OF STORY,ss:
On this day of 2015,
before me, a Notary Public in and for the State of Iowa, Notary Public in and for the State of Texas
personally 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 Ames, Iowa; that the seal
affixed to the foregoing instrument 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
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 511,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 205 South Wilmoth Avenue,is rezoned from Residential Low Density(RL)to
Residential High Density(RH).
Real Estate Description:
(205 S.Wilmoth Avenue)
Lot 5-13 of Block 1 in Garden Subdivision and part of the Northwest Quarter of the
Northeast Quarter of the Northeast Quarter, all in Section 8, Township 83 North,
Range 24 West of the 5`h P.M.,City of Ames Story County,Iowa,and all being more
particularly described as follows: Beginning at the Northwest Corner of Said Lot 13;
thence S88°48'12"E, 449.51 feet along the North line of said Lots 5-13 to the
Northeast Corner of said Lot 5; thence S00°09'35"E, 169.32 feet to the Southeast
Corner of said Lot 5;thence S88°46'49"E, 190.66 feet to the Southeast Corner of Lot
3 in said Garden Subdivision;thence S00°20'56"E,442.69 feet along the West line
of South Wilmoth Avenue to a point on the North line of the South 16.00 feet of said
Northwest Quarter of the Northeast Quarter of the Northeast Quarter; thence
N88°47'18"W, 321.06 feet along said line; thence S00°20'56"E, 13.62 feet to the
North line of Friedrich's 15t'Addition to Ames,Iowa;thence N89°12'56"W,319.80
feet along said line to the Southwest Corner of said Northwest Quarter of the
Northeast Quarter of the Northeast Quarter;thence N0095'32"W, 137.68 feet along
the West line thereof to the Northeast Corner of Lot 1 in C.G. Lee's Subdivision;
thence N0093'19"W,490.21 feet to the point of beginning, containing 8.36 acres.
Section 2: The real estate, as rezoned to RH, is subject to the limitations described with the
Contract Rezoning Agreement as provided for in Iowa Code Section 414.5.
Section 3: All other ordinances and parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4: 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
2
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 101, 105, and 107 South Wilmoth Avenue, is rezoned from Residential High
Density(RH)with the University West Impact Overlay to Residential High Density(RH).
Real Estate Description:
(101, 105, and 107 S.Wilmoth Avenue)
Lot One (1), EXCEPT the South (4) feet thereof, in Block One (1) of Garden
Subdivision of the North 201.9 feet of the Northwest Quarter (NW 1/4) of the
Northeast Quarter (NE1/4) of the Northeast Quarter(NE1/4) of Section Eight (8),
Township Eight-Three(83)North,Range Twenty-Four(24)West of the 51h P.M.,in
the City of Ames, Story County, Iowa;
and,
The South four(4) feet of Lot One(1),Block One(1)in Garden Subdivision of the
North 201.9 feet of the Northwest Quarter(NW 1/4)of the Northeast Quarter(NE 1/4)
of the Northeast Quarter(NE1/4)of Section(8),Township Eight-Three(83)North,
Range Twenty-Four (24) West of the 51h P.M., in the City of Ames, Story County,
Iowa, AND Lot Two (2), Block One (1) in Garden Subdivision of the North 201.9
feet of the Northwest Quarter (NW1/4) of the Northeast Quarter (NEl/4) of the
Northeast Quarter(NE1/4) of Section Eight(8),Township Eight-Three(83)North,
Range Twenty-Four(24) West of the 5`h P.M., in the City of Ames, Story County,
Iowa;
and,
Lot Three (3), Block One (1) in Garden Subdivision of the North 201.9 feet of the
Northwest Quarter (NW1/4) of the Northeast Quarter (NE1/4) of the Northeast
Quarter(NE1/4) of Section(8), Township Eight-Three(83)North,Range Twenty-
Four(24) West of the 5`h P.M., in the City of Ames, Story County, Iowa.
Section 2: The real estate, as rezoned to RH,is subject to the limitations described with the
Contract Rezoning Agreement as provided for in Iowa Code Section 414.5.
Section 3: All other ordinances and parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4: 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
2