HomeMy WebLinkAboutA007 - Council Action Form dated November 24, 2015 ITEM #: 32
DATE: 11-24-15
COUNCIL ACTION FORM
REQUEST: CONTRACT REZONE OF PROPERTY LOCATED AT 516 S. 17TH
STREET FROM "HOC" (HIGHWAY-ORIENTED COMMERCIAL) TO
"RH" (RESIDENTIAL HIGH DENSITY).
BACKGROUND:
On October 13, 2015, the City Council held a public hearing for the rezoning of
approximately 12 acres of property at 516 S. 17t" Street (see Attachment A —
Location/Zoning Map). Council directed staff to proceed with rezoning of the site with a
contract rezoning agreement. The full October 13 Council Action Form can be found at
this link.
The City Council directed staff to return with a signed contract rezoning reflecting the
following conditions, prior to the first reading of the ordinance for the proposed rezoning:
A. The developer is responsible for the installation and cost of construction of traffic
improvements, at the intersection of S. 16t" Street and Golden Aspen Drive for
either an additional lane or traffic signal based upon warrant analysis. The timing
for construction and the extent of such traffic improvements will be at the direction
of the City.
B. Create a deed restricted no-build area approved by the Public Works Director in
the southwest corner of the site for future South Grand extension.
C. Reservation of future street right-of-way for the future extension of S. 17th Street to
the west property line.
D. Leasing terms to lease by the unit and timing of leasing.
E. Development intensity limited to 209 units and 525 bedrooms, pending
acceptance of traffic mitigation by the Public Works Director.
The Development Agreement as prepared by the City Attorney's Office, in coordination
with the Planning and Housing Department, addresses the items listed above (see
Attachment B — Contract Rezoning Agreement). Provisions of the Agreement are
generally described as follows:
• Public Works has accepted the traffic mitigation as proposed for Golden Aspen
and Kellogg. These off-site traffic improvements, include the installation of a left-
turn lane at the intersection of S. 16t" Street and Golden Aspen Drive, and the
striping of a left turn lane at Kellogg Avenue and S. 16t" Street. The estimated
current cost of the improvements is $20,000.
• The Agreement specifies that the Developer shall reserve street area across the
site for the eventual extension of South Grand Avenue to Airport Road, as shown
in the Ames Area MPO Long Range Transportation Plan. In addition, the
Developer agrees to create a deed-restricted no-build area on the site within the
1
defined South Grand Extension area. The final delineation of the area would be
prior to approval of subdivision or minor site development plan.
• Future street right-of-way, at a width of 80 feet, is to be reserved for the
extension of S. 17th Street from the east property line of the site to the west
property line. This extension will facilitate a connection of S. 17th Street to S.
Grand Avenue once the segment between S. 16th Street and U.S. Highway 30 is
constructed. The exact alignment of the street will be determined prior to
approval of the preliminary plat, or prior to a minor site development plan
approval, if there is no further subdivision of the property.
• The Developer agrees to provide lease terms that are not solely structured upon
an August 1 to July 31 lease cycle.
• The Agreement limits the intensity of development by requiring that the
Developer provide a mix of studio, one-, two- and three-bedroom units, and a
maximum of 525 bedrooms in the development. This is a slight change from
the original terms that limited both units and bedrooms. The intent of this
provision in the Agreement is that the City is more interested in seeing smaller
units overall rather than larger units. The basis for the unit limitation was the
transportation impacts associated with 209 units of development. Staff has since
translated the 209 units to bedrooms (a rate of 2.5 beds per unit) to more
effectively promote housing unit diversity and also provide for traffic mitigation.
As part of this change, the developer also agreed to limit units to a maximum of
three bedrooms, rather than a Zoning Code allowance for four or five bedroom
units.
The Developer, Scott Randall, has reviewed the Agreement, as prepared by staff, and
has agreed to the conditions specified in the Agreement and provided the signed
contract for Council approval by November 24.
ALTERNATIVES:
1 . The City Council can approve on first reading an ordinance to rezone property
at 516 S. 17th Street from "HOC" (Highway-Oriented Commercial) to "RH"
(Residential High Density), based upon the findings and analysis of the October
13, 2015, Council Action Form, with the signed contract rezoning agreement.
2. The City Council can keep the public hearing open and refer this item back to
staff and/or the applicant for further information or for revisions to the contract
and direct staff to put the item on the December 8, 2015, City Council agenda
for final consideration.
3. The City Council can deny the request to rezone property at 516 S. 17th Street
from "HOC" (Highway-Oriented Commercial) to "RH" (Residential High Density)
if the Council finds the request is not consistent with the City's policies and
regulations.
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MANAGER'S RECOMMENDED ACTION:
The applicant has worked with staff for several months on the issues and concerns
involved with the rezoning of the property at 516 S. 17t" Street. With Council's direction
from October 13t" to proceed with finalizing a contract rezoning in support of the request
to RH, staff believes the proposed contract meets the interests of the City for the
rezoning of the site to RH.
Therefore, the City Manager recommends Alternative #1, that the City Council
approve on first reading an ordinance to rezone property at 516 S. 17t" Street
from "HOC" (Highway-Oriented Commercial) to "RH" (Residential High Density),
based upon the findings and analysis of the October 13, 2015, Council Action
Form, with the signed contract rezoning agreement.
J
Attachment A — Location/Zoning Map
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516 S. 17Street
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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 516 South 17`h Street, is rezoned from Highway-Oriented Commercial(HOC)
to Residential High Density(RH).
Real Estate Description: Outlot B, Aspen Business Park, First Addition, 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
Prepared by: Judy K.Parks,Ames City Attorney, 515 Clark Ave., Ames,IA 50010; 515-239-5146
Return to: Ames City Clerk 515 Clark Ave P.O. Box 811 Ames IA 50010
CONTRACT REZONING AGREEMENT BETWEEN
THE CITY OF AMES AND SCOTT E. RANDALL AND JANE S. RANDALL
CONCERNING PROPERTY LOCATED AT 516 SOUTH 17TH STREET
THIS AGREEMENT, made and entered into this day of 52015,
by and between the CITY OF AMES, IOWA (hereinafter called "City") and SCOTT E.
RANDALL AND JANE S. RANDALL (hereinafter called "Developer"), their successors and
assigns,
WITNESSETH THAT:
WHEREAS, the Developer owns land located at 516 South 17`h Street legally described
as:
Outlot B, Aspen Business Park First Addition;
and
WHEREAS, Developer has applied to the City for rezoning the parcel from its present
designation as HOC (Highway Oriented Commercial) to RH (Residential High Density),
consistent with the Land Use Policy plan; and
WHEREAS, it has been the intention and representation of the Developer to undertake a
project of construction of residential high density housing upon that tract; and
WHEREAS, the Developer's tract is located in an area of the community which is
characterized by high density residential and highway oriented commercial zones; and
WHEREAS, the Parties hereto desire to allow development of this parcel in a manner
that will protect, preserve and respect the existing community, which they believe can best be
accomplished with a Contract Rezoning under Iowa Code Chapter 414.5, followed by
conventional zoning approvals to accomplish the development of this parcel.
NOW, THEREFORE, the parties hereto have agreed and do agree as follows:
I.
INTENT AND PURPOSE
A. It is the intent of this Agreement to:
I. Recognize that the Developer is the owner of the parcel located at 516 South 171h
Street which is being rezoned to Residential High Density, but expressly agrees to
the imposition of additional conditions as authorized pursuant to Iowa Code
section 414.5.
2. Provide for cost sharing of off-site traffic improvements required for the
development which is contemplated to occur on the parcel.
3. Provide space reservation for the future extension of South Grand through the
parcel to the south.
4. Provide space reservation for the extension of South 17th Street to the east to the
future extension of South Grand.
5. Provide assurances from the Developer as to providing a diverse opportunity for
housing through construction of a mix of unit types and bedroom configurations,
and with leasing terms not based on an August 1 to July 31 rental term.
II.
OFF-SITE TRAFFIC IMPROVEMENT COSTS
A. Off-Site Traffic Improvement Costs. With regard to off-site improvements, the
Developer agrees to pay for improvements to the intersection of South 16th Street and
Golden Aspen Drive, specifically to include an additional traffic lane and striping
improvements on Kellogg Avenue, as needed to safely absorb the additional
pedestrian and vehicular traffic generated by the development contemplated on the
parcel.
The Developer's share shall be financially secured to the City in a cost amount to be
determined by the City's Public Works Department, with that Department furnishing
an annual update of the estimated cost. The improvements currently are estimated at
a cost of$20,000.
The Developer may construct the required improvements at their own discretion
prior to direction from the City to install the required improvements. The City may
require construction of the improvements by the Developer at any time and allow for
the developer to complete the improvements within 12 months of written notice to
construct the improvements. In the event the improvement is not complete and
accepted by the City, financial security shall be provided to the City prior to final
plat approval or Minor Site Plan approval, whichever occurs first.
III.
SOUTH GRAND EXTENSION
A. Space reservation for South Grand Extension. Developer shall reserve street right-of-
way across its lot for the eventual extension of South Grand Avenue, which is in the
Ames Area Metropolitan Planning Organization Long Range Transportation Plan.
Under this plan, South Grand Avenue shall extend onto the Developer's parcel to
allow a perpendicular approach to extend the road under Hwy. 30. Exhibit A to this
agreement illustrates the intended general area for reservation for an 80-foot right-of-
way road. However, recognizing that the exact route is yet to be determined, the
specific route location and reservation area shall be determined no later than the time
of final plat approval or Minor Site Development Plan approval, whichever occurs
first.
B. Deed Restricted No-Build Zone. Developer agrees to create a deed-restricted no-
build area on the site within the defined South Grand Extension area. The Developer
shall not build any structures or place required development improvements necessary
for use of the site on top of such land.
IV.
INTENSITY AND LEASING
Developer shall provide a mix of studio, one-, two- and three-bedroom units.
Development intensity shall be limited to no more than a total of 525 bedrooms. The Developer
agrees to provide lease terms that are not solely structured upon an August 1 to July 31 lease
cycle.
V.
S. 17th STREET EXTENSION
Developer shall reserve future street right-of-way, at a width of 80 feet, for the extension
of S. 171h Street to the west property line as generally represented in Exhibit A. The exact
alignment of the street must be determined prior to preliminary plat approval, or prior to Minor
Site Development Plan approval if there is no further subdivision of the property. The extension
and final alignment of S. 17`h Street shall be subject to the specifications of the City.
VI.
GENERAL PROVISIONS
A. Modification. The parties agree that this Agreement may be modified, amended or
supplemented only by written agreement of the parties.
B. 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 streets,
sidewalks, shared use paths, building design and construction, and utilities (both on-
site and off-site) shall be made in compliance with the Iowa Code, the Ames
Municipal Code, Iowa Statewide Urban Design and Specifications 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 site.
C. Non-Inclusion of Other Improvement Obligations. The parties acknowledge and
agree that this Agreement is being executed in contemplation of a conceptual plan for
development, without further review or approval of subsequent specific plans for
development of the parcel. 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 parcel. Therefore, the parties agree that all work
done by and on behalf of the Developer with respect to, but not limited to,
landscaping, sidewalks, bike paths, building design, building construction and
utilities, both on-site and off-site, shall be made in compliance with Iowa Code,
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 VI(B) herein),
whether or not such requirements are specifically stated in this Agreement.
D. Incorporation of Recitals and Exhibits. The recitals, together with any and all
exhibits attached 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 Rijhts. Notwithstanding anything in this Agreement to the contrary,
including, but not limited to, language in Articles II, III, IV and V 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 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.
F. Covenant Running With the Land. This Agreement shall run with the land and shall
be binding upon Developer, and on successors, assigns, heirs and any and all future
titleholders of record of the land or portions thereof.
G. Cause of Action. This Agreement does not create or vest in any person or
organization, other than the City, any rights or cause of action with respect to any
performance, obligation, plan, schedule or undertaking stated in this Agreement with
respect to the Developer.
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
By
Scott E. Randall Ann H. Campbell, Mayor
Attest
Jane S. Randall Diane R. Voss, City Clerk
STATE OF IOWA,COUNTY OF STORY,ss: STATE OF IOWA,COUNTY OF STORY,ss:
This instrument was acknowledged before me on On this day of 2015, before me,
,2015,by Scott E.Randall and a Notary Public in and for the State of Iowa, personally
Jane S.Randall. appeared Ann H. Campbell and Diane R. Voss, to me
personally known and who, by me duly sworn, did say that
they are the Mayor and City Clerk,respectively,of the City of
Notary Public in and for the State of Iowa 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
Exhibit A
Street Reservations
.. S,16TH ST,T. S 1STH ST
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Future Extension of S.17th St
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No Build Easement
Exhibit A
No Build Easement .. A m e s,