HomeMy WebLinkAboutAtt 7 ITEM # 48
DATE: 08-27-19
COUNCIL ACTION FORM
SUBJECT: AMENDMENT TO ZONING LIMITATIONS OF 100% OVER 55-YEARS OF
AGE OR OLDER RESIDENCE REQUIREMENT FOR 415 STANTON AVE
ZONED RH (RESIDENTIAL HIGH DENSITY).
BACKGROUND:
In January 2018, City Council approved 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. 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 at that time to exceed federal housing standards for
Housing for Older Persons Act (HOPA) that allow for certain housing projects to be
.senior" only housing.
Since approval of the rezoning and site development permit for the project, the developer
had created a condominium regime for individual ownership. At this time there are eleven
different owners. The majority owner, Crawford Ames, LLC, also the developer, submitted
the application for rezoning. The original zoning contract states that all successors and
assigns of Crawford Ames. LLC must sign off on any changes, meaning all eleven
properties owners will need to sign the new zoning contract to allow for the requested
change to the age restriction.
AGE RESTRICTION TO 55 OR OLDER:
The 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 under HOPA is 80% of occupied dwelling
units.
The developers statement says that only 6 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 indicated that they have met with some of
the residents of the surrounding neighborhood to discuss the proposal. Staff has not
received any comments on the proposal.
At a public hearing on August 7, 2019, the Planning and Zoning Commission voted (5-0)
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
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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.
The Commission and a member of the public questioned how the age restriction would
be monitored and verified. The applicant/property owner clarified that that every 24
months there is a survey that the Association is required to complete to achieve the 80
percent over/20 percent under the age of 55 years of age requirement. He stated that at
any time someone from Housing and Urban Development (HUD) can inventory their
records. Staff confirmed that the City is not part of the age verification process.
The Commission also questioned how sales would occur if the number of age-restricted
units is already filled. The applicant/property owner explained that the Association would
have an interview process and have the discretion to approve buyers that would
potentially be purchasing units in the 20 percent of units that are not age restricted.
ALTERNATIVES:
1 . The City Council can do the following:
A. Open the public hearing to discuss the proposal.
B. Direct the applicant to provide signatures authorizing the proposed amendment
by all owners subject to the current agreement to allow for a use limitation of
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 Act.
C. Continue the public hearing until September 1011 to allow receipt of the signed
agreement before first reading on a rezoning ordinance.
2. The City Council can deny 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,
3. The City Council can defer action on the request to amend the contract rezoning
agreement and request additional information from the applicant.
CITY MANAGER'S RECOMMENDATION:
The applicant requests the change of the use limitation of the property to align directly
with the federal HOPA standards compared to exceeding the HOPA requirements with
the current obligation to have 100% of the units with a resident that is 55 or older. Staff
believes the request is consistent with the intent of the original rezoning request and can
be found to be appropriate for the site. However, at this time the developer has not
obtained written authorization from all known property owners (condominium owners) to
proceed with City Council approval of the requested change. State law requires that
written agreement for conditions must be provided prior to conclusion of a public hearing
for a rezoning amendment. To move forward with the project, City Council would need
to direct the applicant to proceed with obtaining signatures and continue the hearing to
September 10t''
Therefore, it is the City Manager's recommendation that the City Council provide
direction to staff on Alternative #1.
ATTACHMENT A: LOCATION MAP
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ATTACHMENT B: EXISTING ZONGING CONTRACT
Instrument p: 2018-00901
02/01/2018 08:43:31 AM Total Pages: 4
00 01HER y
StacieHer�tdge, Recorder, Story County Iowa
S P A C E A B 0 V E R E S E R V E D F O R O F P I C 1 A I. G_S t:
— Legal description„See pap 4. ----- — — —
Return document to:City Clark,515 Clark Avenue,Ames IA 50010
Document prepared by:Victoria A Feih xe bty ofAmeg Legal Dkpmenuu,515 Clark Ave.,Anim IA 50010-515-239-5146 _
CONTRACT REZONING AGREEMENT PERTAINING TO THE
LAND AT 415 STANTON AVENUE
THIS AGREEMENT, made and entered into this,��)' day of-3clvuviv, ,
201` , 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:
W tl EREAS,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/Govemmental 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-Density).
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:
1. 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.
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
and/or 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
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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.
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Ill. COVENANTS RUN WITH THE LAND
This Agreement 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 —
John A.Haila,Mayor
STATE OF IOWA,COUNTY OF STORY,ss:
This instrument was acknowledged Ili
me on
_. 201Jf� by
as Manager,of The
Diane R.Voss,City Cleric Crawford Ames,t
/,
STATE OF IOWA,COUNTY OF STORY,as: _ r
��� T Notary Publ in and f the State of Iowa
On this .15 day of c_J7k11(yv
201$before me,a Notary Public in and for the State of Iowa,
personally appeared John A.Ilaila and Diane R.Voss,to me
personally known,who,being by me duly swum,did say that ��s/ut Jill L.Ripperg@r
they are the Mayor and City Clerk,respectively,of the City of � /q�q�� -mission Numbo 146549
Ames,Iowa;that the seal affixed to the foregoing instrument 'tom.iL# My Commission ExDlma
is the corporate seal of the corporation, and that the rewr.
instrument was signed and scaled on behalf of the corporation
by atuhorit fI its City Council,as contained in Resolution
Na._ adopted by the City Council on the
1r1�_day of - IUDk L'i201Z ,and that
John A.Haila and Diane R Voa1 a clnuwledgal the execu4on
of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation,by it voluntarily
executed.
Nob 4forc ta of Iowa
Jill L. Ripperger
Commisakin Number 146549
# # My CaaWasion pplroa
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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 owners/occupants 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
WT.OF PLANNING&HOUSING
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