HomeMy WebLinkAboutA012 - Resolution No. 16-606 adopted October 11, 2016 RESOLUTION NO. 16-606
RESOLUTION APPROVING CONTRACT REZONING AGREEMENT FOR
3115, 3119,3301, 3325, 3409, AND 3413 SOUTH DUFF AVENUE
FOR THE CITY OF AMES
WHEREAS, property owners, Dickson and Luann Jensen, have requested that six parcels
addressed as 3115, 3119, 3301, 3325, 3409, and 3413 South Duff Avenue, be rezoned from
Highway-Oriented Commercial(HOC) and Agricultural(A)to Residential High Density(RH)and
Highway-Oriented Commercial (HOC): and,
WHEREAS, this site was recently the subject of a Land Use Policy Plan Amendment
designating much of the area for high-density residential development, which retains a portion of
South Duff Avenue frontage as HOC; and,
WHEREAS, the proposed rezoning includes a contract to address terms of needed public
improvements in the area and for limitations on use of the site; and,
WHEREAS,in order to facilitate the installation of the needed infrastructure to meet existing
needs,future needs, and needs brought on by this specific development,the City and the developer
have prepared a Contract Rezoning Agreement to identify what specific improvements must take
place and the party responsible for paying for those projects; and,
WHEREAS, it was noted that staff and the developer have negotiated obligations for
stormwater costs assigned to the developer and street improvement costs assigned to the City; and,
WHEREAS,the Agreement being proposed by the City includes the following elements: 1)
the City is to widen South Duff Avenue (City's cost); 2)the City is to install a traffic signal at the
Crystal Street intersection(City's cost); 3)the City is to install a shared-use path along the east side
of South Duff Avenue (City's cost); 4) the developer is to construct stormwater improvements as
identified in the Teagarden Drainage Study, in addition to the developer's own stormwater needs
(developer's cost); 5)the developer is to install a five-foot sidewalk along the developer's frontage,
as well as along the cemetery frontage (developer's cost); 6) the intensity of use will be limited to
750 dwelling units configured as one- and two-bedroom apartment dwellings with up to 10%
allowed as three-bedroom apartments;the project design shall incorporate brick materials and on-site
amenities commensurate with phasing of residential development; and, 7)in the event that electric
poles require relocation on the east side of South Duff Avenue,a split of the costs at 50150,with the
cost for the developer not to exceed$375,000; and,
WHEREAS, staff and the developer are at an impasse on the possible Ames Electric
relocation costs for lines that exist on the east side of South Duff Avenue from approximately Crystal
Street and Ken Mail Road; and,
WHEREAS, City staff believes that relocation is unlikely, but a final design has not been
approved by the Iowa Department of Transportation (IDOT), therefore, attempts to negotiate with
the developer have been made to share equally in the risk of this cost.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa,
that the Contract Rezoning Agreement for 3115, 3119, 3301, 3325, 3409, and 3413 .South Duff
Avenue is hereby approved, with the counter-proposal of the developer that he will assume one-
quarter of the cost of relocating the electric poles, with a cap of$187,500, if needed.
ADOPTED THIS l lth day of October, 2016.
• �'sw
Diane R. Voss, City Clerk Ann H. Campbell, Mayor
Introduced by: Betcher
Seconded by: Nelson
Voting aye: Betcher, Corrieri, Gartin,Nelson, Orazem
Voting nay: Beatty-Hansen Absent: None
Resolution declared adopted and signed by the Mayor this l lth day of October, 2016.