HomeMy WebLinkAboutA009 - Council Action Form dated July 13, 2021 ITEM #: 29
DATE: 07-13-21
COUNCIL ACTION FORM
SUBJECT: REZONE PARCELS AT 4605 & 4514 HYDE AVENUE (PROPOSED
AUBURN TRAIL SUBDIVISION) FROM "A" (AGRICULTURAL) TO "FS-
RL" (SUBURBAN LOW-DENSITY RESIDENTIAL) WITH A MASTER
PLAN AND CONTRACT ZONING AGREEMENT
BACKGROUND:
The proposed rezoning includes two parcels totaling 75.17 acres, addressed as 4605
Hyde Avenue and 4514 Hyde Avenue. Annexation for the property at 4605 Hyde Avenue
was approved on December 12, 2017, and annexation for 4514 Hyde Avenue was
approved on March 23, 2021. A general location map is included as Attachment A. Hyde
Avenue bisects the two properties. Most of the 4605 Hyde property has been farmed and
is devoid of trees. The property at 4514 Hyde Avenue includes one existing house.
The properties are proposed to be rezoned together with a Master Plan to allow for a
future development of both sites as a combined development. A Master Plan addresses
the general layout of development and open space areas along with planned
transportation connections, however, it does not depict precise locations of future
improvements. The future development, i.e., subdivisions, must be in conformance with
an approved Master Plan.
The Master Plan would permit the development of multiple housing types with a
maximum total of 181 dwelling units. The Contract rezoning addresses needed off-
site improvements related to the development of the site for an extension of a
shared use path and streets to the north.
The property at 4605 Hyde was the subject of a pre-annexation agreement in 2013. The
owner entered into an agreement with the City for, among other things, buyout of rural
water rights and cost sharing of infrastructure. In this Agreement, the Developer also
agreed that infrastructure would 'be designed to mitigate the environmental impact of
development within the Ada Hayden Watershed and that the site would be subject to the
Conservation Subdivision Ordinance. The proposed rezoning is consistent with the 2013
Agreement. Infrastructure improvements that were included in the Agreement are
discussed in the Addendum.
The subject site has a Village/Suburban Residential Land Use Designation (see
Attachment B). The owner proposes the development of a residential subdivision to
be known as Auburn Trail and is requesting a rezoning from Agricultural (A) to
Suburban Residential Low Density (FS-RL). FS-RL is a consistent zoning district
with the underlying land use designation. FS-RL requires a minimum net
development density of 3.75 units per acre and a maximum density of 10 units per acre.
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The proposed Master Plan illustrates two categories of development: Single-Family
Attached/Detached with 98 to 111 dwelling units and Single-Family
Townhomes/Small Lots with 50'to 70 dwelling units, on approximately 36.29 acres.
The applicant will likely apply for a�Planned Unit Development (PUD) Overlay in the future
for the development of part of the site as small lot homes.
The density within the developable area is estimated at approximately 4.1 to 5 dwelling
units per acre. Note that with the Master Plan, the unit count is controlling along with the
minimum and maximum net density standards of FS-RL zoning. The Plan depicts the
extension of existing streets from the south into the site and new streets that would
extend to the north connecting into future development. A new "spine road"would
connect from Hyde Avenue into Hayden's Preserve on the north.
In addition to identifying developable area, the Master Plan shows approximately 22.58
acres, more than the required 25% of the property, as interconnected conservation areas
and open space distributed throughout the development.
The Master Plan identifies the planned approach to meeting the requirements of
the City's Conservation Subdivision Ordinance that will apply to development of
the property. The open space is oriented around a first order stream, wetlands, and
natural drainage ways as identified on a Natural Resource Inventory of the properties. A
buffer is shown on the north side of the first order stream which is located on the eastern
parcel (4514 Hyde Avenue). Notably, the 4514 Hyde property has a 100-foot shared
boundary with the City's Ada Hayden park.
At the time of annexation, a 50-foot strip of property was required to remain along the
north property line to connect to unincorporated land located to the north and east of the
site. The 50-foot strip is also owned by Hunziker but is under county jurisdiction. This strip
of land is known as Outlot A and requires public improvements to connect to the future
development to the north known as Hayden's Preserve,
Staff recommends addressing planned off-site infrastructure extensions through
the 50-foot strip with the rezoning of this site through a Contract Rezoning
Agreement (see Attachment 1)that includes the requirement for the property owner
to extend infrastructure from the site through the abutting properties that are under
their control. This would require the construction of the shared use path along
Hyde Avenue and for the future improvements of the public street extension of the
spine road and water and sewer lines to the north. The timing of the Hyde Avenue
path construction matches the recent Hayden's Preserve agreement, the path must
be built within two years of the approval of the 1 st Addition of the project.
Planning and Zoning Commission. The Planning and Zoning Commission reviewed
the request on June 2, 2019 and voted 5-0 to recommend the City Council approve the
rezoning with master plan for the property at 4605 Hyde Avenue and 4514 Hyde Avenue
to FS-RL Suburban Residential Low Density. At the meeting members of public were
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present and provide comments on the proposed rezoning. Numerous residents of
Bloomington Heights West and Bloomington Court (to the south) spoke of stormwater
drainage concerns related to existing conditions. The Bloomington Heights West
development has existing storm water conveyance easements and storm sewers located
partially along the shared boundary with the proposed Auburn Trail. A drainage channel
also exists to the east of Hyde Avenue and it carries water from existing development and
will also carry water from the planned development of Auburn Trail to Ada Hayden.
Although the Master Plan depicts; general drainage patterns and planned open spaces
for the development of the site, there is not a precise storm water management plan
available for the site at this time. 'A storm water management plan is required as part of
the Conservation Subdivision review of the site, which is the next step for development
of the site, after rezoning.
Public Notice. Notice was mailed to property owners within 200 feet of the subject site
and a sign was posted on the subject property in accordance with the notification
requirements of Chapter 29.
ALTERNATIVES:
1. A. Approve a Contract Rezoning Agreement for the 75.17- acre property at 4605
Hyde Avenue and 4514, Hyde Avenue (see Attachment 1)
B. Approve on first reading the request for rezoning the 75.17- acre property at
4605 Hyde Avenue and 4514 Hyde Avenue from Agricultural (A) to Suburban
Low Density Residential (FS-RL) with the attached Master Plan (see
Attachment F), based 'upon the findings and conclusions as found in the
addendum.
2. Deny the request for rezoning.
3. Refer this item back to City staff and/or the applicant for additional information.
CITY MANAGER'S RECOMMENDED ACTION:
As noted in the attached addendum, the proposed rezoning is consistent with the Land
Use Policy Plan land use designations and policies. The applicant has generally
designated open space in areas identified as wetlands and where existing grades
currently convey or collect stormwater with housing located around these areas.
The proposed housing types are, allowed in the proposed zoning. Further information
regarding density and open space measures will be specified with the subsequent
preliminary plat. The Master Plan is consistent with the limitations noted in the pre-
annexation agreement approved by the City Council in 2013.
Terms of the proposed Contract Rezoning Agreement will ensure there is no gap between
the development of this,site and future development to the north. The Contract includes
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the requirement for the construction of the shared use path along Hyde to be completed
as part of Phase 1 of the development.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative #1 A & B, as described above.
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ADDENDUM
REZONING BACKGROUND:
Existing Land Use Policy Plan. The LUPP designation of the entire subject area is
Village/Suburban Residential. The proposed change of zone to FS-RL is consistent with
that designation. The LUPP designations of this and adjoining properties can be found in
Attachment B.
The applicant has provided support materials (see Attachment H) regarding the proposed
rezoning and its conformance with the Land Use Policy Plan. While the rezoning of an
area designated as Village/Suburban Residential on the LUPP to FS-RL is supported,
there are several goals that can support the proposed rezoning.
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. 3. It is the goal of Ames to assure that it is an "environmentally-friendly"
community and that all goals and objectives are integrated with this common goal. In
continuing to serve as a concentrated area for human habitat and economic activity,Ames
seeks to be compatible with its ecological systems in creating an environmentally
sustainable community.
Existing Zoning. The site is zoned Agricultural (A). When a property is annexed into the
City it receives a default zoning of Agricultural (A) until at such time that the property
owner chooses to rezone.
To the east are scattered homesteads within the county, zoned Agricultural (A-1). To the
north, the proposed Hayden's Preserve Subdivision (formerly Rose Prairie) is zoned FS-
RL with some scattered county homesteads in the county zoned Agricultural Residential
(A-R) and a communication tower. To the south, Bloomington Heights West is zoned RL
and F-PRD and Bloomington Court is zoned F-PRD. West of the site are large properties
outside of the City limits and zoned Agricultural (A-1). An excerpt of the zoning map can
be found in Attachment C. The proposed rezoning is reflected in Attachment D.
Existing Uses of Land. Land uses that occupy the subject property and other
surrounding properties are described in the following table:
Direction from Existing Land Uses
Subject Property
Subject Property Farmland
North Farmland, Proposed Hayden's Preserve
Subdivision, Communication Tower, and One Home
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East Scattered Homesteads and Ada Hayden Further to
the East
Single-Family Detached & Attached Homes
South (Bloomington Heights West) and Condominiums &
Townhouses (Bloomington Court
West Railroad Track, Northridge Heights Stormwater
Pond and Farmland
Master Plan. A Master Plan is intended to provide a general description of the intended
development of a property. A Master Plan must address natural areas, buildable areas,
building types, range of uses, ' and basic access points as described in zoning
requirements of Section 29.1507(4) (see Attachment F).
The submitted Master Plan proposes two housing types- Single-Family
Attached/Detached with 98 to 111 dwelling units and Single-Family Townhomes/Small
Lots with 50 to 70 dwelling units, on approximately 36.29 acres, with a minimum net
development density of 3.75 units per acre.
In addition, the Master Plan shows approximately 22.58 acres, more than the required
25% of the property, as interconnected conservation areas and open space distributed
throughout the development. The open space is oriented around a first order stream,
wetlands, and natural drainage ways as identified on a Natural Resource Inventory of the
properties. A buffer is planned on the north side of the first order stream which is located
on the eastern parcel (4514 Hyde Avenue). A buffer to each side of the drainage corridor
that weaves throughout the development will be included. The Conservation Subdivision
requires that mass grading of the site be avoided. The majority of the property has been
farmed and is devoid of trees.
Development of the site will be under the Conservation Subdivision standards of Ames
Municipal Cade. The Ames Conservation Subdivision standards are to protect the quality
of water in Ada Hayden Lake, protect existing surface drainage systems, promote
interconnected greenways, provide commonly owned open space and conservation
areas. Conservation easements will be established for all conservation areas and
maintained according to a conservation area management plan that is required during the
subdivision process.
Layout and specific design of the site will be evaluated at the time of preliminary plat
review. Attached single-family homes also require an administrative site development
plan review after subdivision. The minimum density standard is 3.75 dwelling units per
net acre. Full review of net acreage limitations will occur with the subsequent preliminary
plat subdivision review.
The subject site has a Village/Suburban Residential Land Use Designation (see
Attachment B). The owner proposes the development of a residential subdivision to be
known as Auburn Trail and is requesting a rezoning from A-Agriculture to FS-RL
Suburban Residential Low Density. FS-RL is a consistent zoning district with the
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underlying land use designation. FS-RL requires a minimum net development density of
3.75 units per acre. A Master Plan accompanies the rezoning request. A full description
of the rezoning process and plan is included in the attached addendum.
Infrastructure. During the Land Use Policy Plan review associated with the initial
annexation request, an analysis of the necessary infrastructure to accommodate
residential development was undertaken.
Water - The property at 4605 Hyde was also part of a buyout of service territory
agreement with Xenia Rural Water Association in January 2014. The property at 4514
Hyde is presently served by Xenia Rural Water. The division of this parcel would require
any new parcels/lots to connect to City water services. An agreement with the property
owner and Xenia would be necessary for this to occur. Auburn Trail is within a City water
connection district. The City previously undertook the extension of water service to the
property. Connection fees would be paid at the time of development. This is addressed
by the current pre-annexation agreement.
Sewer-Auburn Trail is within a City sanitary sewer connection district. The City previously
undertook the extension of sanitary sewer service to the property. Connection fees would
be paid at the time of development.
Electric-Auburn Trail lies within the Ames Electric service territory. The 2013 Agreement
directed that the developer would provide easements at no cost to the City for electric
distribution or transmission lines and public utilities.
Special Assessments and Off-site traffic improvements- The 2013 Agreement included
an assessment for the improvement of Grant Avenue from West 190th Street (at the north
end) to Hyde Avenue (at the south end). An assessment schedule was included. Also
included within the assessment was the developer's share of costs associated with traffic
signals at Hyde Avenue / Bloomington Road and Grand Avenue / Bloomington Road with
the provision that the amount could be updated based upon cost at the time of Final Plat.
Given the 2013 Pre-annexation Agreement cost-sharing requirements for infrastructure
extension and roadway improvements, City staff believes that these have been
sufficiently addressed.
Access. Primary access to the site would be from Hyde Avenue. The developer is
completing as assessment of intersection operations for access to the site to be included
with the future subdivision. Staff expects that the study will support a requirement for the
developer to provide turning lanes at the intersection of Hyde and the new spine road.
Auburn Trail will be well-connectdd with public roads to existing development both to the
south and to future development to the north. Crestmoor Avenue and Welbeck Drive
which are existing streets currently stubbed at the south property line would be extended
into the site. Two street connections to the north will connect into the street network from
Hayden's Preserve (formerly Rose Prairie). Auburn Trails will be responsible to connect
through the 50-foot county piece to the north into Rose Prairie. An Acquisition Plat would
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be recorded to address the public right-of-way dedication and city maintenance of the
infrastructure through the county parcel (Outlot A). The extension of the infrastructure is
needed to avoid having a gap in the system and are part of the proposed Contract
Rezoning Agreement (see Attachment 1). An additional stub street will be made to the
north for future connection into land that is currently in the county and undeveloped.
Internal circulation will be reviewed at the time of subdivision.
Shared Use Paths and Trails- The 2013 Agreement also directed that the developer
would provide easements at no cost to the City for shared use paths. A 10' shared use
path would be extended along the Hyde frontage of Auburn Trail and would include an
internal shared use path along the new spine road connection to Hayden's Preserve.
These improvements need to extend to adjacent properties to avoid having a gap in the
system and are part of the proposed Contract Rezoning Agreement (see Attachment H).
The contract rezoning agreement includes the requirement for the shared use path along
Hyde to be constructed with the first phase of development. Notably that with the
completion of this 1,400 linear feet of path, the developer of Hayden's Preserve to the
north will then be required to connect to the path and eliminate any gap for the shared
use path extending all the way to 190th Street.
Additionally, the applicant is proposing a trail system that would extend along the south
perimeter of the property, across Hyde Avenue, and beyond into Ada Hayden Park. The
total cost of the trail construction and its connection into the trail network within Ada
Hayden would be the developer's responsibility. Details on the location of this crossing
and final location of the trail are still being discussed and would be finalized as part of the
preliminary plat approval. For this reason, the Ada Hayden trail is not illustrated on the
Master Plan.
Applicant's Statements. The applicant has provided an explanation of the reasons for
the rezoning in Attachment H.
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 50 percent 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. The property represented by the applicant is
entirely under one ownership representing 100 percent of the property requested for
rezoning.
2. The subject property has been designated on the Land Use Policy Plan (LUPP) Future
Land Use Map as "Village/Suburban Residential."
3. The "Village/Suburban Residential" land use designation supports the "FS-RL
Suburban Low Density Residential" zoning designation. Under a "FS-RL" zoning
designation, detached and attached single-family housing types are allowed. FS-RL
is consistent with the pre-annexation development agreement.
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4. Infrastructure is adequate to serve the site. Auburn Trail is within a City water
connection district and a City sewer connection district. The City previously undertook
the extension of infrastructure to the property. Connection fees would be paid at the
time of development as addressed in the pre-annexation development agreement.
5. The Master Plan identifies developable areas and range of uses consistent with the
proposed FS-RL zoning district. Subsequent development will be subject to
subdivision review.
6. Ames Municipal Code Sec. 29.1507(5) requires approval of a zoning agreement for
an application with a master plan and that all subsequent development comply with
the master plan.
Conclusions. Based upon the analysis in this report, staff concludes that the proposed
rezoning of the subject property is consistent with the Future Land Use Map, as well as
the Goals and Objectives of the City of Ames Land Use Policy Plan. The proposed
rezoning is consistent with the allowances of the proposed FS-RL zoning district and
Master Plan requirements for rezoning.
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Attachment A
Location Map
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LOCATION MAP
Prepared by City of Ames,Planning Division, May 2021
10
Attachment B
LUPP Future Land Use Map
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11
Attachment C
Existing Zoning
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Attachment D
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Attachment E
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Attachment G
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.
• 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.
• Ames Municipal Code Chapter 29, Section 1200, Floating Zones, includes a list of uses
that are permitted in the Village Residential, Suburban Residential and Planned
Residential zoning districts and the zone development standards that apply to
properties in those zones.
Per Section 29.1507 4 : Master Plan Submittal Requirements:
a. Name of the applicant and!the name of the owner of record.
b. Legal description of the property.
c. North arrow, graphic scale, and date.
d. Existing conditions within the proposed zoning boundary and within 200 feet of
the proposed zoning boundary: Project boundary; all internal property
boundaries; public rights-of-way on and adjacent to the site, utilities; easements;
existing structures; topography (contours at two-foot intervals); areas of different
vegetation types; designated wetlands; flood plain and floodway boundaries;
areas designated by the Ames Land Use Policy Plan as Greenways and
Environmentally Sensitive Areas.
e. Proposed zoning boundary lines.
f. Outline and size in acres of areas to be protected from impacts of development.
g. Outline and size in acres of areas proposed of each separate land use and for
each residential unit type.
h. Pattern of arterial streets and trails and off-site transportation connections.
i. For proposed residential development provide the number of unit type for each
area, expressed in a range of the minimum to maximum number to be developed
in each area.
j. For proposed residential development provide a summary table describing all
uses of the total site area, including the number of units per net acre for each unit
type and each zoning area.
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Attachment H
Applicant's Statement
Auburn'Trail Subdivision Rezoning
Reasons for Requesting Rezoning
We are requesting the parcel be rezoned from the current Agricultural—A to Suburban Residential--
Low Density FS-RI_to allow the development of the property as residential.
Consistency of this rezoning plan with the Land Use Policy Plan
The parcel requested for rezoning meets the consistency and goals of,the Land Use.Policy Plan (LUPP),
as FS-RL zoning is an acceptable use for,residential subdivisions. The LUPP identifies the parcel as part of
the North Allowable Growth Area. We feel that this rezoning meets the following goals of the LUPP:
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.
This expansion provides for additional housing to provide for the expanding population. It
allows for the utilization of recently,upgraded infrastructure to expand the City, making it an
ideal location for a residential subdivision. The community also has a preference to locate here,
as seen by recent.construction,,
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
communityto guide the character, location, and compatibility of growth with the area's
natural resources and rural areas. This request fits the character and compatibility of growth of
the surrounding area by expanding on the development of existing residential to provide
sufficient land resources.
3. It is the goal of Ames to assure that it is an"environmentally-friendly" community and that all
goals and objectives are integrated with this common goal. In continuing to serve as a
concentrated area for human habitat and economic activity, Ames seeks to be compatible
with its ecological systems in creating an environmentally sustainable community. The
development planned for this area is to include buffers, natural areas,and storm water
management features based on the City's Conservation Subdivision overlay.
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.
The development is intended to add to the connectivity of the community by having a physical
connection to Ada Hayden Park which will allow for healthy and safe recreation and attractive
views of the environment.
5. It is the goal of Ames to estab efficient
lish a cost-effective and ecient 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 linkthe timing of development with the installation of public
infrastructure including utilities, multi-modal transportation system, parks and open space.
As noted in item 1,this development will be able to utilize the new infrastructure installed along
Grant Avenue for the development for the North Allowable Growth Area.
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Attachment H
Applicant's Statement, continued
6. It is the goal of Ames to increase the supply of housing and to provide a wider range of
housing choices. This development will provide for additional lots for construction which will
help with the avaiiabilityof housing.
7. It is the goal of Ames to provide greater mobility through more efficient use of personal
automobiles and enhanced availability of an integrated system including alternative modes of
transportation. This development will include multiple trails and sidewalk which can both
provide alternate modes of transportation. It will also include a direct connection to Ada
Hayden.
8. It is the goal of Ames to enhance the role of Downtown as a community focal point. This
project does not propose uses that would duplicate those offered by the downtown. It would
increase population which will provide potential shoppers/customers/users of downtown.
9. It is the goal of Ames to promote expansion and diversification of the economy in creating a
base that is more self-sufficient and that is more sustainable with regard to the environment.
The subdivision provides additional housing for people to allow economic growth.
10. It is the goal of Ames to maintain and enhance its cultural heritage. The proposed site does
not negatively impact the cultural heritage of Ames.
Current Zoning of the subject property,
The property is currently zoned Agricultural—A
Proposed Zoning of the subject Property
The requested zoning is Suburban Residential—Low Density FS-RL
Proposed Use of the Property
The intended use of the property is single family residential housing.
Legal Description of the property proposed for rezoning:
PARCEL E,A PART OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 22,TOWNSHIP 84 NORTH,
RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA,AS
SHOWN ON THAT PLAT OF SURVEY RECORDED ON DECEMBER
18, 1998,AS 1N5T NO.,98-17594,.SLIDE iz, PAGE 3.
OUTLOT Z, COCHRANE FARM SUBDIVISION, CITY OF AMES,
STORY COUNTY, IOWA, AS SHOWN ON THE FINAL PLAT
RECORDED JANUARY 12, 2017 AS SLIDE, 557, PAGE 3, AND AS
,INST#2017-00339
PARCELS CONTAIN A COMBINED 3,274,687 SCL FT. (75.176 AC.)
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Attachment I
Contract Rezoning Agreement
(Separate Attachment)
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S P A C E A B 0 V E R E S E R V E D F O R O F F I C I A L U S E
Legal description•5ee page
Return document to: City Clerk,_P_.O_Box 81 I,Ames IA 50010
Document prepared by: City ofAmes Legal Deparnent,515 Clark Ave.,Ames,IA 50010—515-239-5146
1
CONTRACT REZONING AGREEMENT FOR THE PROPOSED AUBURN
TRAIL SUBDIVISION LOCATED AT 4605 & 4514 HYDE AVENUE
THIS AGREEMENT, made and entered into this day of July 2021, by and
between the City of Ames, Iowa, (hereinafter "City") and two property owners, namely, Erben
Hunziker and Margaret Hunziker Apartments, L.L.C. and Hunziker Development Group,
LLC, (collectively, hereinafter"Developers"),and their successors and assigns,
WITNESSETH THAT:
WHEREAS,the Developers are seeking to improve and develop areas located within the
corporate boundaries of the City at 4605 Hyde Avenue(Parcel ID No. 05-21-400-005), owned by
Erben Hunziker and Margaret Hunziker Apartments, L.L.C., and 4514 Hyde Avenue (Parcel ID
No. 05-22-300-375), owned by Hunziker Development Group, LLC,which is legally described as
set forth in Exhibit `A' attached hereto; and as depicted generally in Exhibit `13' attached hereto
(collectively,the"Site");and
WHEREAS, the Developers have applied to the City for a rezoning of the Site from the
present designation of Agricultural (A)to Suburban Residential Low Density(FS-RL)to develop
a residential subdivision to be known as Auburn Trail;and
WHEREAS, the Developer and City desire to ensure reasonable conditions for the
development of the site and offsite improvements are agreed to per Iowa Code 414.5;and
WHEREAS,the Developers have submitted to the City a Master Plan for the development
of the Site as required by Ames Municipal Code§29.1507 and this Agreement is intended to meet
the requirement of a"zoning agreement"to be approved by the City and agreed to by the owners
of the real property as set forth by§29.1507(5); and
WHEREAS,the City desires to ensure that the Site will be compatible with infrastructure
requirements and future incorporation into the City through an agreement between the Developer
and the City with respect to public improvements.
'te improvements are necessa for the site to be compatible with
WHEREAS, offscnecessary p
infrastructure requirements.
NOW,THEREFORE,the parties hereto have agreed and do agree as follows:
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INTENT AND PURPOSE
A. It is the intent of this Agreement to:
1. Induce the City to rezone the Site.
2. Provide for certain conditions binding upon the Developer that are the conditions necessary
to induce the City to rezone the Site.
B. It is the intent of the parties to conform to the approved Master Plan of Auburn Trail as reflected
in the attached Exhibit`B.'
C. It is the intent and expectation of the Parties that the Site will be developed in two or more
phases,or subdivisions of the Site.
D. It is the intent of the Parties that neither the City nor the Developers shall be bound by the terms
of this Agreement if the City Council does not approve the rezoning of the Site.
E. The parties reaffirm the terms of the Pre-Annexation Agreement recorded August 20,2015,as
Instrument 2015-08125, as it pertains to the Site.
II
AGREEMENT FOR PUBLIC INFRASTRUCTURE
A. The Site shall be developed consistent with the Master Plan as attached to this agreement and
as approved by the City Council. Any Preliminary Plat submitted and every subsequent
development action upon the Site shall conform to the approved Master Plan as required by
§29.1507(5)of the Code.
B. The Developer will construct a shared use path along the west side of Hyde Avenue within two
years of the date that the first final plat is approved by the City Council.The shared use path
shall conform to City specifications. The shared use path shall be a minimum of ten feet in
width,The shared use path shall extend north from the terminus of the existing sidewalk south
of the Auburn Trail site to the south line of Outlot X, Rose Prairie Final Plat, including the
frontage of Outlot B, Cochrane Farm Subdivision, Ames, Story County, Iowa, a distance of
approximately 1,400 feet.
C. As part of Phase Two of the Site development,the Developer will extend public infrastructure
from the Site northward in conformance with the master plan approved by the City.The public
infrastructure shall extend through Outlot A,Cochrane Farm Subdivision,Ames,Story County,
Iowa,and the public infrastructure shall align with the Hayden's Preserve street network north
of said Outlot A, in Cochrane Facet Subdivision. City Council may allow for deferral of these
improvements as part of the Final Plat approval.
D. Developer shall be responsible for preparing improvement plans and plats necessary for right-
of-way acquisition within Outlot A of Cochrane Farm Subdivision, as identified in paragraph
II(C)above,for review and approval by the City. Developer shall be responsible for obtaining
any and all necessary consents,transfers, and acquisition costs of real property dedicated for
right-of-way purposes within Outlot A of Cochrane Farm Subdivision.
E. "Public infrastructure" includes public right-of-way, street, street trees, sidewalks, shared use
paths,water mains and lines,and sanitary and storm sewer lines,
III
AGREEMENT FOR STREETS
A. The Developer shall, with respect to all streets as shown on the Site, convey fee title for the
street land to the City at no charge or cost to the City, said conveyance to occur at the time of
subdivision platting.
B. The Developer shall establish a street right-of-way developed in accordance with City
standards.
IV.
GENERAL PROVISIONS
A. Modification. The parties agree that this Agreement may be modified,amended,
or supplemented only by written agreement of the parties.
B. Inco oration 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.
C . Noninclusion of Other Improvement Obligations. The Parties acknowledge and
agree that it is not possible to anticipate all .the infrastructure and Code requirements that the
Developer may be required to complete or comply with to properly develop the Site.Therefore,the
Parties agree that all work done by and on behalf of the Developers with respect to other
improvements, including but not limited to, building design, building construction, and utilities,
both on-site and off-site, shall be made in compliance with the Iowa Code, SUDAS,and all other
federal, state, and local laws and policies of general application, including but not limited to
building and zoning codes, whether or not such requirements are specifically stated in this
Agreement.
V.
COVENANT WITH THE LAND
A. This covenant and agreement shall be filed for record in the office of the Story County
Recorder and all covenants, agreements, promises, and representations herein stated
shall be deemed to be covenants running with the Site and shall endure and be binding
on the parties hereto,their mortgagees,lienholders,successors and assigns,for a period
of twenty-one (21) years from the date of the recording of these covenants, unless
claims to continue any interest in the covenants are filed as provided by law. The City
shall have the right to file a'claim to continue its interest in these covenants.
B. Invalidation of any of these covenants by judgment or court order shall in no way affect
any of the other provisions,which shall remain in full force and effect.
IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed
effective as of the date first above written.
E S i t, N A '1 t j 1' F, S O N S i 1 C C I S S I V 1' 1) A G F S ]
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Dated , 2021.
ERBEN AND MARGARET
HUNZIKER APARTMENTS,L.L.C.
By: L By:
•--
I De E. Hunziker, anager Jon E. Hunziker,Manage
STATE OF IOWA, COUNTY OF STORY,SS.: •'
This instrument was acknowledged before me on July B , 2021, by Dean E. Hunziker and Jon
E. Hunziker, as Managers of Erben and Margaret Hunziker Apartments,L.L.C.
I W
JUSTIIy ROHERT QODGE
Commission Number 79201b
My Commission Expires NO RY PUBLIC
September 11, 2021
HUNZIKER DEVELOPMENT
' GROUP, LLC
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B
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Justin R. Dodge,Ma ager
't. STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on July ,2021,by Justin R. Dodge,as
Manager of Hunziker Development Group,LLC.
I
NOTARY PUBLIC
NAMComn�fonAKRAUM
NumbuNumba iD�O?A
MY
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Passed and approved on 2021,by Resolution No.21-
adopted by the City Council of the City of Ames,Iowa.
CITY OF AMES,IOWA
By:
John A.Haifa,Mayor
Attest:
Diane R.Voss,City Clerk
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on ,2021,by John A.
Haila and Diane R.Voss,as Mayor and City Clerk,respectively,of the City of Ames,Iowa.
NOTARY PUBLIC
A
Exhibit `A' --Legal Description
Outlot Z, Cochrane Farm Subdivision, Ames, StoryCounty, Iowa
tY ,
(approximately 67.23 acres and locally known as 4605 Hvde Avenue, Ames, Iowa)
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Parcel E, a part of the Southwest Quarter of the Southwest Quarter of Section 22,
Township 84 North,Range 24 West of the 51,P.M., Story County, Iowa, as shown on that
Plat of Survey recorded on December 19, 1998, as Instrument No. 98-17594, Slide 12,
Page 3.
(crpproxincalely 6.989 acres and locally knoii m as 4514 1l3,de<f vemae, .4nies, lvwa)
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