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ITEM #: 7
DATE: 08-07-19
COMMISSION ACTION FORM
SUBJECT: AMENDMENT TO ZONING LIMITATIONS FOR 415 STANTON AVE
ZONED RH (RESIDENTIAL HIGH DENSITY) WITH A 100% OVER 55
YEARS OF AGE OR OLDER RESIDENCE REQUIREMENT
BACKGROUND:
In January 2018, City Council approve a contract rezoning for 415 Stanton Avenue
(Attachment A, Location Map). This contract rezoning agreement had four conditions
(Attachment B). The conditions were agreed upon to facilitate the rezoning of the site to
High Density Residential after a number of meetings with neighborhood representatives
and City staff. Three of the four conditions were related to design and reuse of the
existing building and submittal of the zoning agreement. All three of these conditions
have been met. The fourth condition restricted the age of residents to at least one
occupant of each unit being at least 55 years of age. This limitation was intended to
exceed federal housing standards for Housing for Older Persons Act that allow for
certain housing projects to be "senior" only housing.
This rezoning request is to amend the resident age limitation to reduce the
number of age-restricted units from 100 percent to 80 percent of the units. The
proposed change would meet minimum criteria for categorizing a project as Housing for
Older Persons. The minimum percentage requirement is 80% of dwelling units.
The developer is now requesting to amend the age restriction criteria to be reduced to
80 percent of the units having at least one resident 55 years of age or older and still
meet the requirements of Housing for Older Persons. The developer's statement says
that only six of the 30 units in the building would be without the age restriction
(Attachment C). The Developer seeks this change to expand their marketing ability for
the units. The developer has met with some of the residents of the surrounding
neighborhood and have discussed the proposed change and indicates acceptance of
the proposed change. Staff has not received any formal comments on the proposal prior
to the Planning and Zoning Commission meeting.
ALTERNATIVES:
1 . The Planning and Zoning Commission can recommend that the City Council
approve the request to amend the contract rezoning agreement to specify the use is
limited to Senior Living with one occupant per dwelling as 55 or older in a minimum
of 80 percent of the units, in compliance with the federal Housing and Urban
Development (HUD) standards for Housing for Older Persons.
2, The Planning and Zoning Commission can choose not to recommend that the City
Council approve the request to amend the contract rezoning agreement to specify
the use is limited to Senior Living with one occupant per dwelling as 55 or older in a
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minimum of 80 percent of the units and maintain the requirement of 100 percent of
the units are age restricted.
RECOMMENDED ACTION:
The attached contract rezoning agreement requires the use of the Crawford
Condominium building to restrict the age requirement to a minimum of 55 years of age
to eighty percent (24 condominiums) of the units in the building. This would still allow
the building to still be in compliance with the requirements of the federal Housing for
Older Persons Act. Therefore, it is Staff's recommendation that the Commission
approve Alternative #1.
ATTACHMENT A: LOCATION
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Location Map
415 Stanton Avenue
ATTACHMENT B: EXISTING ZONGING CONTRACT
Instrument 0: 2018-00901
02/01/2018 08:43:31 AM Total Gages G
00 OTHER
Record'nq Les: 22 M
Staci• Herridge, Recorder, Story County Iowa
mill KEi 111 ITJI*IVKIIWD110 111I II1
P 1 C E A B O V E R E S E R V E D F O R O 1 1 1 t 1 A L V S E
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Row n ducunuyil to:City Ckrk 515 Clink Avenue,Antes IA 50010 _
Di ry mcnl prepanrl by:Victoria A Fdtrrr .ycr.City ot'Anvs legal Depamienti 515 Clack Ave.,Anus,IA 50010-515-239-5146
CONTRACT REZONING AGREEMENT PERTAINING TO THE
LAND AT 415 STANTON AVENUE
THIS AGREEMENT, made and entered into this Z,3 day of,Javttklt
201 r1! by and between the City of Ames, Iowa (hereinafter called "City") and The
Crawford Ames, LLC, an Iowa limited liability company (hereinafter called
"Developer"),its successors and assigns.
WITNESSETH THAT:
WHEREAS,the Developer owns real property which had formerly been used by
the Ames Community School District for an elementary school and later for school
district offices,legally described as set out on Attachment A and locally addressed as 415
Stanton Avenue,Ames,Iowa,(hereinafter called the"Property");and
WHEREAS, the Developer desires to redevelop the property so that it may be
intended and operated for occupancy as Housing for Older Persons aged 55 years or
older;and
WHEREAS,the City approved a Minor Map Amendment to the Land Use Policy
Plan (LUPP) designation for the subject real property by Resolution 17-676, which
changed its designation from Low-Density Residential/Governmental Lands to High
Density Residential to provide for a LUPP designation compatible with the proposed
Housing for Older Persons;and
WHEREAS, the Developer has applied for a zoning designation of RH
(Residential High Density) for the subject property in order to advance its plan of
renovating the site to be used as Housing for Older Persons;and
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WHEREAS, as contemplated by Iowa Code section 414.5. the City desires to
impose certain additional conditions on the property owner in addition to existing
regulations in connection with granting the base zoning;and
WHEREAS, both City and the Developer expressly agree that said additional
conditions are reasonable and imposed to satisfy public needs which are directly caused
by the requested zoning change to RH(Residential High-Dcnsity).
NOW,THEREFORE,the parties hereto have agreed and do agree as follows:
1. INTENT AND PURPOSE
A. It is the intent of this Agreement to:
I. Recognize that the Developer,The Crawford Ames,LLC,is the owner of the
real property being rezoned and expressly agrees to the imposition of
additional conditions as authorized by Iowa Code section 414.5.
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2. Confirm and document that the Parties recognize and acknowledge that a substantial
benefit to the public will be realized by imposition of the additional conditions for
rezoning.
3. Grant rezoning of the real property from Government/Airport Lands(S-GA)
to Residential High Density(RH)subject to these additional conditions:
a. The residential use of the site is age restricted to Housing for Older
Persons with each unit having at least one occupant who is 55 years of
age or older.
b. The existing Crawford School Building will be retained and adapted to
residential use.
c. New development shall be restricted to a maximum of three stories no
more than 50 feet in height in the aggregate.
d. Prior to the approval of the third reading of the Ordinance rezoning the
property, this rezoning agreement must be signed by the Developer
and delivered to the City.
H. GENERAL PROVISIONS
A. Modification. The parties agree that this Agreement may be modified,
amended or supplemented only by written agreement of the parties,and their successors
andior assigns.
B. General Applicability of Other Laws and Ordinances. The Developer
understands and agrees that all work done by or on its behalf shall be made in compliance
with Iowa Code, the Ames Municipal Code, Iowa Statewide Urban Design and
I
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Specifications and all other federal,state and local laws of general application(including
the Fair Housing Act as applicable), 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. 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.
Ill. COVENANTS RUN WITH THE LAND
This Agueement shall run with the site 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.
CITY OF AMES,IOWA THE CRAWFORD AMES,LLC
By �--
<14
John A.Haila,Mayor
STATE OF IOWA.COUNTY OF STORY,ss:
t \ //Q'(�` /�q � l.. This instrument was acknowledged yore
AItC6�JM.V'( (1�V-iJ� me on �r�%: of .r ? 20V by
/JtKE 2dU�./ �Managtt,of The
Diane R.Voss,City Clerk Crawford Ames,L '
STATE OF IOWA,COUNTY Of STORY,ss; Notary Public i and f the State of Iowa
On
this �i day of �C)siQC)°cj
201$before me,a Notary Public in and for the Stale of Iowa,
personally appeared John A Had&and Diane R.Voss,to me
personally known,who,being by me duly swum,did say that y k Jill L. Ripperger
they are the Mayor and City Clerk,respectively,of the City of '8 Canm,sslon Number 146549
Ames,Iowa:that the seal affixed to the foregoing instrument * * My Commies"Eapiras
is the corporate seal of the corporation, and that the rni. /T'1c�
instrument was signed and scaled on behalf of the corporation
bZauthorityty fits City Council,as contained in Resolution
No. (•` � adopted by the City Council on the
day of M, 1U i 201 l ,and that
John A.Haila and Diane R Vo rcknowltxlged the execution
of the instrument to be their voluntary act and tiecd and the
voluntary act and deed of the corporation,by it voluntarily
executed.
Norary Public m and4'. .
a of Iowa
yw Jill L Ripperger
4. Commission Number 146549
*J�X r My Comealawn Eaplres
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ATTACHMENT C: APPLICANT'S STATEMENT
415 Stanton Rezoning Request
July 16,2019
Reason for Requesting Rezoning: The development team would like to amend the developer
agreement to allow for adherence to Housing For Older Persons Act(HOPA). This change
would allow for expanded residential opportunities for ownersloccupants under the age of 55
(maximum of 20%or 6 units could be under age 55).
Consistency of this rezoning with the LUPP: The request is consistent with LUPP. The
property is zoned RH with a contract. The contract stipulates that all units must have one
occupant age 55 or older. This rezone would would still be consistent with the RH zone,but
would amend the contract language.
Current Zoning: Residential High Density
Proposed Zoning: Residential High Density
Proposed Use: 55+Adult Community that follows HOPA standards
Legal Description:
Lot Seven (7),except the South Five(5)Feet and the West Fifteen(15)Feet thereof;
also the South Five(5) Feet of Lot Six(6);except the West Fifteen(15)Feet thereof,all
in W.T. Smith's Addition to Ames, Iowa(to be confirmed by abstract).
The Crawford Condominiums Units#101-106,#201-216,#308-315
Land Area: 1.67 Acres
RECEIVE®
JUL 2 3 2019
CITY OF AMES.IOWA
WL OF PLANNING&HOUSING