HomeMy WebLinkAboutA007 - Council Action Form dated November 23, 2021 ITEM #: 27
DATE: 11-23-21
COUNCIL ACTION FORM
SUBJECT: REZONE PROPERTY AT 3709 TRIPP STREET AND PROPERTY AT 3803,
3807, 3811, 3815, 3819, 3905, 3911 , AND 3917 TRIPP STREET FROM "FS-
RM" (SUBURBAN RESIDENTIAL MEDIUM-DENSITY) TO "FS-RM PUD"
(PLANNED UNIT DEVELOPMENT OVERLAY) ZONE ON BOTH
PROPERTIES.
BACKGROUND:
The property at 3709 Tripp Street and the property at 3803, 3807, 3811 , 3815, 3819, 3905,
3911 , and 3917 Tripp Street are developed with multi-family structures. The owner has
requested the Planned Unit Development (PUD) zoning overlay designation to allow use of
the 61-unit Independent Senior Living Facility as an apartment dwelling in the FS-RM zone
at 3709 Tripp Street.
The FS-RM zone limits the number of units in an apartment dwelling to no more than twelve
units, unless it is for senior living. Approval of the PUD Overlay would replace the senior
housing requirements and support providing for affordable housing within a larger building
with reduced parking than would typically be permitted.
The PUD Overlay allows for a full range of uses as defined within the base zone of FS-RM,
but also allows for design flexibility to meet specific purposes regarding residential
development goals as defined within the Overlay standards. The applicant proposes to allow
for the 61-unit building to be used for any age group based upon a proposal to provide for
affordable housing at incomes level that do not exceed 60% of the household average
median income. The affordability requirement would be based upon conformance to Low
Income Housing Tax Credit (LIHTC) requirements as the applicant desires to secure tax
credits to refurbish the apartments.
The proposed rezoning from FS-RM to FS-RM PUD includes two lots (Lots 1 & 2, South
Fork Subdivision, First Addition) with a combined total of 8.27 acres. Lot 1 is addressed as
3709 Tripp Street and includes 3.65 acres. Lot 2 is addressed as 3803, 3807, 3811 , 3815,
3819, 3905, 3911 , and 3917 Tripp Street and includes 4.62 acres (See Attachment A:
Location Map). Note that the two previously approved site plans accompany the rezoning
request instead of a Master Plan, since both lots are fully developed with existing multiple-
family structures.
Lots 1 and 2 are developed with multiple-family structures. Lot 1 , South Fork Subdivision,
First Addition (3709 Tripp Street) includes a three-story 61-unit structure which was
approved as an Independent Senior Living Facility, known as Brighton Park, through the
granting of a Special Use Permit (SUP) by the Zoning Board of Adjustment (ZBA) on March
6, 2002. A second SUP was granted by the ZBA on September 24, 2003, to allow the
I
construction of two carport structures over existing parking spaces. Zoning requirements for
Independent Senior Living Facilities are notably different from apartment buildings in two
aspects: 1) It is allowed to have any building size compared to an apartment building within
the minimum and maximum density limits of the zoning district, and 2) It is allowed to have
reduced parking of one space per unit compared to one space per bedroom for apartments.
Lot 2, South Fork Subdivision, First Addition (3803, 3807, 3811, 3815, 3819, 3905, 3911 ,
and 3917 Tripp Street) includes seven separate three-story 12-unit apartment buildings and
a community building, known as Windsor Pointe. A Major Site Development Plan was
approved by the City Council for this development on April 23, 2002.
The applicant for the PUD Overlay, Windsor TWG LP, purchased Lots 1 and 2 in October
2020. Windsor TWG LP was aware at the time of purchase that use of the 61-unit building
at 3709 Tripp Street was limited to Independent Senior Living. The applicant claims that this
building has been used as rental units by the general population, not exclusively by seniors,
for the last fifteen (15) years. The prior owner indicated to TWG representatives that
they intended to operate a senior facility but switched to general population very early
in its operation through their LIHTC agreements with the state. The City was not a
party to any of the original LIHTC approvals related to the site.
The rezoning proposed addresses the prior use of the site, but more importantly
would allow for continued use of the site without senior housing due to the applicant's
proposal to commit to 30 years of affordable housing. The applicant previously
requested approval of a use variance that was denied by the Zoning Board of Adjustment
on October 13'`.
The findings for a PUD Overlay are included within Attachment G. The applicant's
application materials are included within Attachment H. The request accounts for use of the
site as household living within apartment dwellings, no mandatory senior living facility,
common area and open space, and a parking reduction of 36 parking spaces in relationship
to the 36 3-bedroom apartment units. The PUD overlay allows for a reduction of parking
in relationship to three-bedroom units from three parking spaces to two parking
spaces. All other parking requirements apply. With the PUD's allowable reduction, the
site would meet minimum parking requirements.
The applicant provided a Market Study with the previous Variance application for this
property and the adjacent Windsor Pointe Apartments. The study compares the relative
demand for low-income affordable housing to senior housing from the summer of 2021 for
senior apartment facilities in Ames. The study concludes the following:
• Vacancy Rate- "According to the contact at this property, the property is undergoing
a change in management. The contact attributed the elevated vacancy rate to
management by the previous company, the management transition, and the COVID-
19 pandemic. However, the contact stated demand for affordable family housing in
the area is high, and the property historically has been occupied at 97 percent or
higher.
• "The senior (55+) properties in the PMA (Primary Market Area) report an occupancy
Y
level of 90.4 percent overall. None of the properties report a waiting list. This
i higher demand for affordable famil / eneral tenancy housing in
indicates there s a g Y g Y 9
the PMA than senior housing."
• "There is a higher demand for affordable family/general tenancy in the PMA (Primary
Market Area) than senior housing." The study also concludes that: "There is a larger
number of family renter households than seniors in the lowest income cohorts
(Income less than $39.999: family 65.3%; senior 55+ 45.5%). This supports a higher
need for low-income housing for families than seniors, which is also demonstrated by
the previous affordable in the PMA Occupancy table."
Off-street parking requirements for apartment dwellings is 1 .5 spaces for each one-bedroom
unit and 1 .0 space per bedroom for units of two bedrooms, or more. Parking requirements
for a PUD may be reduced to a maximum of two parking spaces for each residential unit
provided affordable housing is provided for low- and moderate-income households. This
means that units with three, or more, bedrooms require only two parking spaces, instead of
three, provided the units are reserved for low- and moderate-income households. The total
number of parking spaces required and provided for the PUD is 276 due to the use as
affordable housing.
The proposed Planned Unit Development (PUD), including Lots 1 and 2, has a total net
density of 17.5 dwelling units per net acre. Approximately forty-four percent (44%) of the
8.27 acres (3.64 acres) is common open space and amenities. This includes the landscaped
areas, playground, and clubhouse. It does not include the storm water detention pond on
the east end of the development. The entire development is located adjacent to the north
side of Tripp Street. No public streets are included in the proposed PUD (See
Attachment/— Open Space Graphic).
The property owner proposes to reserve for a period of 30 years all 145 apartments
for individuals or families whose income is sixty percent (60%) or less of the Area
Median Income (AMI). This includes twenty-nine (29) one-bedroom, eighty (80) two-
bedroom, and thirty-six (36) three-bedroom units. A contract rezoning agreement would
obligate the property owner to provide for affordable housing for 30 years (Draft
Contract-Attachment J) in recognition of approval of the PUD Overlay and to provide
annual documentation to the City to verify consistency with LIHTC standards for low-
income households.
Planning and Zoning Commission. The Planning and Zoning Commission reviewed the
request on November 17, 2021 . The Commission reviewed the PUD process, history of the
site and senior housing, affordable housing requirements, and needs for different housing
types. The Commission voted 6-0 to recommend the City Council approve the request for
rezoning from FS-RM to FS-RM PUD conditioned upon approval of a contract rezoning
agreement for a 30-year affordable housing commitment and that the owner include a
shared parking agreement between the two sites. Staff supports the P&Z recommendation
to account for the perpetual sharing of parking between the two sites based on 36 space
parking reduction included within the PUD proposal.
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 . Approve on first reading the request for rezoning of Lots 1 and 2, South Fork
Subdivision, First Addition located at 3709. 3807, 3811, 3815, 3819, 3905, 3911 and
3917 Tripp Street from FS-RM (Suburban Residential Medium Density) to FS-RM
PUD (Suburban Residential Medium Density Planned Unit Development), with a
shared parking agreement and a contract rezoning agreement including the following
provisions for the PUD:
A. 145 units of housing affordable to households making 60% of AMI or less for a
minimum of a 30-years
B. Reduction of required parking by 36 parking spaces
C. No requirement for senior living within the 61-unit residential building
NOTE- the applicant has requested suspending the rules and allowing for all
three readings of the ordinance on November 23rd, or to hold a special meeting
the following week to complete the rezoning process in order to make a state
deadline of applying for LIHTC in December.
Additionally, the applicant would need to agree to the contract rezoning
agreement prior to the close of the public hearing on the rezoning.
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 site was previously developed in
conformance with zoning standards at the time of their site plan approval. The proposed
PUD does not change the configuration of the site but does include a use allowance of the
61-unit building as an apartment building that is not an independent senior living facility and
for a 36-space parking reduction based upon the number of three-bedroom apartments. The
existing open space on site and amenity space are satisfactory in meeting the PUD Overlay
requirements in relation to its use as affordable housing.
The requested change of permitted use from a mix of apartments and independent senior
living units to apartment dwellings as affordable housing with a 30-year commitment to
affordability is consistent with the market assessment and the City's Consolidated Housing
4
Plan Goals to expand affordable housing options within the City. Staff does not believe the
site will operate in any substantially different manner that would cause concerns for change
of use and parking reduction.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative #1, as described above.
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-RM PUD" is
consistent with that designation. The LUPP designations of this and adjoining properties
can be found in Attachment B — LUPP Future Land Use Map.
The applicant has provided support materials (see Attachment G) 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-RM PUD is
supported, Goal No. 6 and Objective 6.A. in the LUPP supports the rezoning, and reads
as follows:
Goal No. 6. It is the goal of Ames to increase the supply of housing and to provide a wider
range of housing choices.
• Objective 6.A. Ames seeks to increase the overall supply of low and moderate-
income housing through the following means: (1) conservation of such units in
existing areas that are not designated for redevelopment or intensification; and (2)
inclusion of such units in new market-driven housing developments through zoning
incentives.
Existing Zoning. The following table shows the existing zoning of the subject properties
and the zoning of abutting properties in each direction.
NORTHWEST NORTH ORTHEAST
Jurisdiction: Ames Jurisdiction: Ames Jurisdiction: Ames
Highway Oriented
Existing Zoning: Highway Oriented Existing Zoning: Highway Oriented Existing Commercial
Commercial Commercial Zoning:
Government/Airport
Overlay District: None Overlay District: Nome Overlay None
District:
WEST SUBJECT PROPERTIES EAST
Jurisdiction: Ames Jurisdiction: Ames Jurisdiction: Ames
Suburban Suburban Low Density
Existing Zoning: Residential Low Existing Zoning: Residential Existing Residential
Density Medium Density Zoning:
Government/Airport
Overlay Overlay District: None Overlay District: None District: None
SOUTHWEST SOUTH SOUTHEAST
Jurisdiction: Ames Jurisdiction: Ames Jurisdiction: Ames
Suburban
Residential
Suburban Medium Density Existing Low Density
Existing Zoning: Residential Low Existing Zoning: Zoning: Residential
Density Suburban
Residential
Low Density
Overlay District: None Overlay District: None Overlay
District: None
6
An excerpt of the Zoning Map can be found in Attachment C — Existing Zoning. The
proposed rezoning is reflected in Attachment D — Proposed Zoning.
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 Pro erties Multiple-Family Residential
North Commercial Trade Retail and Services
East Franklin Park and Single-Family & Two-Family
Dwellings Rental
South Multiple-Family Residential and Single-Family and
Two-Family Dwellings Rental
West Single-Family Dwellings (Rental)
Site Plans. The properties proposed for rezoning with a PUD Overlay Zone include two
existing platted lots. Each platted lot has an approved site plan. The Minor Site
Development Plan for Lot 1 (3709 Tripp Street) was approved as part of a Special Use
Permit ranted b the Zoning Board of Adjustment on September 21 , 2003 (See
9 Y 9
Attachment E.). The Major Site Development Plan was approved by the City Council for
Lot 2 3803, 3807 3811 , 3815, 3819, 3905, 3911 . and 3917 Tripp Street) on April 23,
2002.
The approved site plan for Lot 1 (3709 Tripp Street) includes a single 61-unit building
originally approved for Independent Senior Living units. There are seventeen (17) one-
bedroom units and forty-four (44) two-bedroom units in the 61-unit building. The applicant
proposes that these units be used as apartments for low- and moderate- income tenants,
instead of exclusively for those who qualify for independent senior living. The occupancy
of an independent senior living facility is limited to persons of the age of 55 or greater; or,
'Handicapped' but not including those persons currently illegally using or addicted to a
`controlled substance' as defined in the Controlled Substances Act 21 U.S.C. Section
802(6).
The approved site plan for Lot 2 (3803, 3807, 3811 , 3815, 3819, 3905, 3911 , and 3917
Tripp Street) includes seven (7) 12-unit apartment buildings and a community building.
There are twelve (12) one-bedroom units, thirty-six (36) two-bedroom units, and thirty-six
(36) three-bedroom units. The applicant also proposes that these units be used as
apartments for low- and moderate-income tenants.
There are 74 existing parking spaces on Lot 1 and 202 existing parking spaces on Lot 2,
for a total of 276 parking spaces in the proposed PUD. One-bedroom units require 1 .5
parking spaces per unit. Units with two bedrooms, or greater, requires 2.0 parking spaces
per unit. There are 29 exiting one-bedroom units which requires 43.5, rounded to 44
parking spaces. 80 two-bedroom units and 36 three-bedroom units which requires 232
parking spaces. The total number of required parking spaces for the 145 units in the PUD
is 276, which equals the number of existing parking spaces on the site (Lots 1 and 2).
7
Infrastructure. The existing 12-uinit buildings. 61-unit building. and the community
building are all served with municipal water and sanitary sewer. A storm water detention
pond is located on the east end of the site to control the rate of storm water runoff.
Existing sidewalks, both public and private provide adequate access to all areas of the
proposed PUD. No changes are proposed by the property owner to the existing
infrastructure.
Streets and Access The proposed PUD site abuts the north side of Tripp Street. The
site also abuts the City's recently constructed bike path along the north edge of the
property. All existing off-street parking areas are accessed from driveways that connect
to Tripp Street. Public sidewalk has been constructed in the public right-of-way along the
north side of Tripp Street. Private sidewalks on the site connect to the public sidewalk
along Tripp Street. Public parking is permitted only on the north side of Tripp Street.
Open Space. A minimum of ten percent (10%) of the gross area shall be devoted to
common open space. The intended purpose of the proposed open space must be set
forth in the plan. The land provided for common open space must be improved for its
intended purpose, and readily accessible to residents. Provide for the ownership and
maintenance of the common open space.
Clubhouse, roof deck patios, and similar community amenities may be credited toward
the open space requirement.
Development exceeding 50 dwelling units shall provide for usable open space and
amenities to serve the residents of the development which may include a combination of
common area and private usable yard areas located outside front yard setbacks.
Development of medium and high-density developments may be exempt from providing
common open space when recreational amenities. such as clubhouses, pools, or sport
courts, are sufficiently provided for as an alternative.
The applicant states that forty-four percent (44%) of the gross area of the site is common
open space. This includes all landscaped areas, playground, and clubhouse. It excludes
the detention pond.
Community Building. The applicant states that amenities in the Community Building
include a community room, business center, clubhouse, fitness room. Elevator. TV
lounge, laundry facilities. and on-site maintenance. Residents are the only people to use
these amenities and they can be accessed through secure entry.
IS
L --
Attachment A
Location Map
DONnLoI I ;j¢
t =mac � r"a _ r " *' r. !. T24
� !�- �♦ � � I ?;`�, ^ .. ;;� Fib Ir F 1 C f by 1 .>_
-
1
F f
, �� • ^� v `'i h HI f1 SPO IfkC
— i � ,� , � ?� .S' = �♦ +RI r-IF R_fi r Nt t H�i f i-�f� 4 i r� .,
a .w ,
t
0 3803, 3807,3811,3815,3819,
J� a
3905. 3911 &3917 Tnpp Street '1= -
-LA 37C9 T' n,t"aat • � a..
< t
I
TtA1IaL Y � ,tra
Elm- � P;1 '_ � ' - � 1 � -r �' '
f► i
�J�L_�� .yilta I �C:.7_tily: 5_9,iJ - - .Y — d'1•�:54, 1
M4RIGOM DR
it
IN
i�.4" r..
'MF R SST
I WO
Location Map
r -IT3709, 3803, 3807, 3811. 3815. 3819. N
3905, 3911 , & 3917 Tripp Street
9
Attachment B
LUPP Future Land Use Map
hC DONALD-DR I I I I t-
� I
-�-- -
_ -- !lN004JFWAY
Highway-Oriented Commercial
Low-Densty Residential
f
Low-Densty Residential
w
Parks&Open Space
tillage/Suburban Residential
j I '
I
--- _---'�--- TRIPP-ST --
I j
YI
Village/Suburban Residential — S
I w I
MARIGOLD DR
Z Low-0ensky Residential
Village/Suburban Residential
I� I
FMRRIS ST COY ST --
� I I
LUPP Future Land Use Map
3709, 3803, 3807, 3811, 3815, 3819, N
3905, 3911, & 3917 Tripp Street
I
10
Attachment C
Existing Zoning
I i
LINGOLN WAY - -
(_-
I HOC
High-Density Residential
Highway-Oriented Commercial
I _
Low-Densty Residential
Z
RH o — — —i
oLow-Density Residential i
r
Government/Airport
Suburban Residential Mediurrv-Density
U
RL'
-- TRIP ET --- - ---I-
—I FS-RM — I
w
Suburban Residential MediuffvNnsityWRIGO
-- S
U I F]
e / Low-Densty Residential
rf Suburban Residential Low-Density
� FS-RL
- —
lMRRB�T -- COY ST �— — --
�7 I -- ,�'��
i I RM l I I
ti
Current Zoning Map
3709, 3803, 3807, 3811, 3815, 3819, N
r '* 3905, 3911 , & 3917 Tripp Street
ll
Attachment D
Proposed Zoning
�..--RL-..- F-PRD
l
LINCO!N WAY -- - -
HOC
High-Density Resldenhal -�!
Highway-Oriented Commercial
Low-Density Residential
RH
Low-Density Residential i
Government/ irport ,mac
Suburban Residential Medium-Density with PUD Overlay
i
(FS-RM PUD) w
RL t
_ - TRIP aT---
-- - FS-RM
g
Suburban Residential Medium-Density i I
z
Ti o —
C ;
9 � r
MI1 RKiO�OOR-----
y -- — z - Low-Density Residential
Suburban Residential Low Density
lMRR6ET COYET I — --- --- --- - --
t RM t i
Proposed Zoning Map
+ i 3709, 3803, 3807, 3811, 3815, 3819, N
3905, 3911 . & 3917 Tripp Street
l�
NEW-
INLN
• ecp � �:. .:. �' x 1 t
� of ryw'i� u���•Qo 90 �u .�� '�,
0
t 1
�+lt���� � +�� fie. •� �If! Vr
jLY00 OYO-+eOQ•a_r•-.C.e�(+..o�G4a'OOb p'46r���00-sOrJevv. 000cv p���• "�
411
i.�_ + �������- \dam I-:►� �� �'�j��• .�►�_3�-� ,d. J
t r �
� film
'u� ,, ..., •�a• ,a. .ram.
1f►T���Tl�S � rbuiai.'�ir���rr ,M�
�/ d� ��a •rat rye i � .l�3� 1 d�'
° a,r
� � t � "r►,��� ��� �`. +� ^'�, � � ask
.Cow t��l.' •'�_ � l b``' ry`Cf, iesk.i;iKy H9`1'•^f
�1q:�,-�o.-��. �\1'�J�Nji.:.,
M11-
to
l I t1 /i /Qr►o''o��tlf�P:000 ����V?-°o7�Tt ►Q,+�\ 1t� I�I��r
■ c?�"•Jl�:�t ^°�).�E�ICa°?� c��/�;►l.°��°.°#rl® ;1�11
aon000aaocoonnnDOW
aouuuoauuuuuw�uuun
Attachment G
Applicable Regulations
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.
Sec. 29.1114 "PUD" PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT (1)
Purpose.
(1) Purpose. The Planned Unit Development (PUD) Overlay zone is intended to allow
flexibility in Zoning District and General Standards where design flexibility helps further
the goals of the Comprehensive Plan and is compatible with its surroundings. The PUD
zone is intended to:
(a) Provide for innovative and imaginative development through flexibility in the design,
placement of buildings, clustering of housing types, use of open space, and related site
and architectural design considerations.
(b) Increase the stock of diverse housing types for a variety of income levels.
(c) Promote efficient land use and infrastructure construction, while maintaining high-
quality living environments for privacy, architectural interest, streetscape, walkability,
and open spaces for private and common use.
(d) Provide for a variety of private and common open space areas corresponding to
smaller lot sizes along with additional amenities for larger developments.
(e) Encourage and preserve opportunities for energy efficient development; and
(f) Encourage context-sensitive infill development.
(3) Establishment. The PUD Overlay zone applies to all lands that are zoned PUD on the
Zoning Map. A Zoning Map Amendment may be approved provided the City Council
makes the following findings:
(a) The Zoning District and Overlay are consistent with the comprehensive plan.
(b) The property on which the PUD is requested has a residential zoning of RL. RM,
UCRM, RH, FS-RL, FS-RM, S-SMD, or is concurrently proposed to be changed to one
of these Zoning Districts.
(c) The existing and proposed infrastructure is sufficient in design and capacity to
support the project with water, sanitary sewer, storm drainage. streets, and other
transportation related facilities.
(d) The PUD Master Plan includes interconnected pedestrian and bicycle circulation
routes to the surrounding areas and within the development.
(e) The proposed PUD Master Plan is consistent with the requirements of this
ordinance and all deviations. exceptions, and limitations stated on the Master Plan are
clear, identifiable, and necessary in support of the design concept and the purpose
statements of the overlay.
(f) The proposed PUD Master Plan is in harmony with the purpose of the overlay.
(g) Findings for approval of a Master Plan with a PUD Overlay rezoning may be
deferred when the City Council initiates a property rezoning.
l
Attachment H
Applicant's Statement
Reasons for Requesting a PUD
We are requesting to rezone both Lot 1 and Lot 2 or the South Fork Subdivision, First Addition, from FS-
RM (Suburban Residential Medium Density) into the proposed zoning classification of FS-RM (Suburban
Residential Medium Density) PUD Overlay. The existing infrastructure is sufficient in design and capacity
to support the project with water, sanitary, sewer, storm drainage, streets, and other transportation
related facilities. Through this application, you will see that the Findings included in Sec. 29.1114(3) are
met.
TWG Development purchased Windsor Pointe from Fore Windsor Point, LP in October 2020. We have
applied for Low Income Housing Tax Credits from Iowa Finance Authority in July 2021 to do a substantial
rehab on the property and keep it an affordable housing project. This address falls out of a QCT in 2022,
making the project unfeasible.
We are hoping to remove the Independent Senior Living overlay on the Brighton Park building to allow
for the general population that has been living in the apartments for the last 15 years. We do not want
to displace potentially 61 households. The subject property has been operating as a multi-family
apartment building for at least the last 15 years. There has been no zoning violations or complaints
regarding this land use.
Consistency with the Land Use Policy Plan
The future land use designation in the City's Land Use Policy Plan is Village/Suburban Residential. The
Suburban Residential land use category supports residential uses with a net density of more than 5.0
dwelling units per acre. The subject property has a net density of more than 5.0 dwelling units per acre.
The future land use designation in the City's Land Use Policy Plan is Village/Suburban Residential. The
Suburban Residential land use category supports residential uses with a net density of more than 5.0
dwelling units per acre. The number of units and type of housing provided is not proposed to change
from how the site has operated for the last 15 years.
Proposed Use
The proposed use is to have the project continue operating as Multi-Farnily Affordable Housing for the
general population. The subject property has been running as a multi-family apartments for over 15
years.
16
Attachment H
Applicant's Statement (continued)
Area Requirement- Total number of acres in proposed PUD
Approx. 8.3 acres
Density- Identify net density
17.5 units/acre
Minimum Lot Areal Width/Frontage
Per Ray - N/A to this existing development
Minimum Principal&Accessory Building Setbacks and Lot Coverage
Per Ray - N/A no changes are proposed
Street Trees and Minimum Landscaped Area- Landscaping shall comply with the approved site plans.
Any missing landscaping must be replaced.
29 (1/35')
Maximum Height-Principal Building
Per Ray - N/A to this existing development
Parking Requirements- Explain how the proposed PUD satisfies resident parking requirements and how
visitor parking is accommodated.
The proposed zoning classification of FS-RM (Suburban Residential Medium Density) PUD Overlay.
satisfies the parking requirements for the residents and visitors. There has been no zoning violations or
complaints regarding this land use. With the affordable housing parking standards, the whole property
will have enough parking for both residents and visitors. We have 276 parking spaces. With Ames' new
Affordable Housing Parking Standards, we need 276 parking spots. Please see Common Space and
Landscaping Plans.
Lot 1 has 202
Lot 2 has 74
Street/Infrastructure Improvements
17
Attachment H
Applicant's Statement (continued)
Per Ray- N/A to this existing development
Common Open Space and Amenities-Describe the open space amenities provided and how residents
will be able to access them. Include the percentage of the site that is open space. Identify what you are
counting as open space on a copy of the approved site plan.
44%Common Open Space.This includes all softscaped areas, playground, and clubhouse. Excludes
detention pond. Please see Common Space and Landscaping Plans.
Block Design
Per Ray- N/A to this existing development
Compatibility Standards & Other Conditions
Garages and Driveways
Per Ray- N/A to this existing development
Entrances
Per Ray- N/A no changes are proposed
Massing
Per Ray- N/A to this existing development
Use-Identify the types of principal and accessory uses that will be included in this PUD project, the
number of each type of structure, and the number of dwelling units in each structure. Requirements of
the Outdoor Lighting Ordinance would apply.
On this 8.3 acres on land,we have eight(8)three-story garden style apartment buildings and one (1)
clubhouse/leasing office. Seven of the eight of those buildings feature 12 units.One of the eight
buildings is elevator services featuring 61 units and interior amenity space,such as a fitness room and
laundry facility.The one clubhouse/leasing office is a single-story building featuring a fitness facility.
Confirmation that sites have been development with approved site plans
Were the parking spaces constructed as shown on the approved site plans?
Yes
18
Attachment H
Applicant's Statement (continued)
How many accessible parking spaces have been provided on each of the two sites?
Please see Plan and Cost Review Set
Where are the accessible units located?
Please see Plan and Cost Review Set
Are the site features including landscaping, walkways, accessory structures such as carports, and other
amenities in place as shown on the approved site plans?If not, what is missing or has been moved?
Please see Plan and Cost Review Set
Are any changes proposed to exterior lighting?
If we are able to get a PUD overlay to be awarded tax credits,we have $75,000 in our budget to make
improvements to our exterior lighting.
What amenities are available in the Community Building for use by tenants of the apartments?
Common Amenities include a community room, business center, clubhouse,fitness room, elevator,TV
lounge, laundry facilities,and onsite maintenance. Residents are the only people to use these amenities
and they can be accessed through secure entry.
Note any changes that have been made or are proposed for each of the two sites.
No changes have been made. If we are able to get a PUD Overlay then we can be awarded tax credits.
We will then do a like for like substantial rehab that will be around $35,000/unit.This includes site
improvements, roofing,siding, doors, windows, LVT flooring, paint, signage,energy efficient appliances,
kitchen cabinets and countertops, bathroom vanities, energy efficient HVAC and mechanicals, and
accessible.
Number of Units and Bedrooms
Include a table that shows the total number units with one bedroom, two bedrooms, and three
bedrooms
UNIT MIX 145 Total
1 br 29
2 br 80
3 br 36
Show calculations for the minimum number of parking spaces required for the units in the proposed
PUD, based on 1.5 parking spaces for each one-bedroom unit,2 parking spaces for each two-bedroom
unit, and 2 parking spaces for each three-bedroom unit.
UNIT MIX 145 TOTAL 276 PARKING TOTAL
1 br 29 29*1.5=43.5
19
Attachment H
Applicant's Statement (continued)
2 br 80 80*2=160
3 br 36 36*2=72
In the table, include the number of existing parking spaces on each lot.
LOT 1 202
LOT 2 174
Has the bedroom mix changed from what was originally approved, as shown on each approved site
plan?
The bedroom mix has not changed from what was originally approved. We have 145 units, 29 one-
bedroom,80 two-bedroom, and 36 three-bedroom.
20
Attachment I
Open Space Graphic
IJ7
Z
z 0
�,`
' i
i .
G� m
D , Z 1 - -
Z 1 Cn
C n i
m
1 ; I z — --
z '
c)
M o
3 0
y Co
n .- f--
I z
B� 46
9
NO
Z
�3 0
e M is
a
§D o (1y
o l
tlei
3 i WINDSORPOINTE& �`£
Y BRIGHTON APARTMENTS
A�nec.' WZB�O A
21
Attachment J
Draft Contract Rezoning Agreement
S P A C E ABOVE RESERVED FOR OFFICIAL USE
Legal description:See page 5,Attachment"A."
Return document to:City Clerk,515 Clark Avenue,Ames IA 50010
Document prepared by:Mark O.Lambert,City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010—515-239-5146
CONTRACT REZONING AGREEMENT PERTAINING TO THE
LAND AT 3709,3803,3807,3811,3815,3819,3905,3911,3917 TRIP STREET.
THIS AGREEMENT, made and entered into this day of ,
202 , by and between the City of Ames, Iowa (hereinafter called "City") and Fore
Windsor Pointe Apartments Limited Partnership,and Iowa limited partnership(hereinafter
called"Developer"), its successors and assigns.
WITNESSETH THAT:
WHEREAS, the Developer owns real property of Lot 1 and Lot 2 of the South
Fork Subdivision First Addition,which consists of apartment buildings and condominiums
in Ames Iowa, including the addresses of 3709,3803, 3807,3811,3815,3819,3905,3911,
and 3917 Tripp Street, as described in Attachment"A"; and,
WHEREAS, the property was previously developed under Floating Suburban
Residential Medium density (FS-RM) zoning with a Major Site Development Plan and a
Special Use Permit for household living within apartment dwellings and for part of the
site to have an independent senior living facility and the Developer wishes to have the
property zoned for use of the entire site as household living within apartment dwellings for
low-income housing; and
WHEREAS, the City is willing to rezone the property to through a Planned Unit
Development overlay based upon the standards and principles of the Ames Zoning
Ordinance, subject to certain conditions; and,
Attachment J
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 Planned Unit Development 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.
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:
1. Recognize that the Developer 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
rezonin.-.
3. Grant rezoning of the real property from FS-RM to FS-RM/PUD.
II. 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
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.
D. Violations of this agreement. Violations of this agreement by the
Attachment J
Developer may result in the PUD overlay being repealed, and the rezoning of the property
at the City's discretion.
E. Signatures on Agreement. 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.
III. SPECIFIC PROVISIONS
A. The PUD overlay rezoning will allow for the use of a 61-unit building as
an affordable housing apartment dwelling, and not as a senior living facility.
B. The Developer agrees that 100%of the units will be provided as affordable
housing for a minimum of 30 years. "Affordable housing" means for occupancy by
households making 60%or less of Area Median Income (AMI) as established by the U.S.
Department of Housing & Urban Development, and in conformance with the federal Low
Income Housing Tax Credit(LIHTC) requirements.
C. The Developer will provide to the City of Ames Planning and Housing
Director annually, no later than April 1 st, information necessary to verify operation of the
site and qualifying of households within affordable housing consistent with LIGHTC
requirements for the prior calendar year. In the event the Planning and Housing Director
determines that the Developer has not maintained and operated the site for affordable
housing for 30 years consistent with LIHTC requirements, it shall be considered a
municipal infraction for operating and using the site in a manner that is inconsistent with
zoning.
D. The City agrees that it will approve a reduction in required parking by thirty-
six (36) parking spaces, consistent with the 36 three-bedroom affordable housing units.
IV. 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.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed effective as of the date first above written.
[Signatures on next page]
Attachment J
CITY OF AMES, IOWA FORE WINDSOR POINTE
APARTMENTS LIMITED
PARTNERSHIP
By
John A. Haila, Mayor By
Attest
Diane R. Voss, City Clerk STATE OF COUNTY Or
ss:
STATE OF IOWA,COUNTY OF STORY,ss: This instrument was acknowledged before me on this
day of 2021,by
On this day of
2021,before me,a Notary Public
in and for the State of Iowa, personally appeared John A. as Manager,Fore Windsor Pointe Apartments Limited
Haila and Diane R. Voss, to me personally known, who, Partnership.
being by me duly sworn,did say that they are the Mayor and
City Clerk,respectively,of the City of Ames,Iowa;that the BY Notary Public in
seal affixed to the foregoing instrument is the corporate seal and for the State of
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
,2021,and that John A.Haila 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
Attachment J
ATTACHMENT "A"
DESCRIPTION:
Real property in the City of Ames,County of Story, State of Iowa, described as follows:
UNITS 1 THROUGH 12,3803 TRIPP STREET BUILDING;
UNITS 1 THROUGH 12,3807 TRIPP STREET BUILDING;
UNITS 1 THROUGH 12,3811 TRIPP STREET BUILDING;
UNITS 1 THROUGH 12,3819 TRIPP STREET BUILDING;
UNITS 1 THROUGH 12,3905 TRIPP STREET BUILDING;
UNITS 1 THROUGH 12,3911 TRIPP STREET BUILDING;
UNITS 1 THROUGH 12,3917 TRIPP STREET BUILDING;
UNITS 101 THROUGH 106, 113,THROUGH 117, 119, 121, 133, 134, 136, 137,201 THROUGH
207, 211 THROUGH 216, 218, 220 THROUGH 223, 226, 227, 229, 230, 301 THROUGH 307,
311 THROUGH 316, 318, 320 THROUGH 323, 326, 327, 329 AND 330, 3709 TRIPP STREET
BUILDING;
ALL IN TRIPP STREET 3709 & 3815 CONDOMINIUMS, STORY COUNTY, IOWA; BEING
A CONDOMINUM CREATED UNDER THE HORIZONTAL PROPERTY REGIME UNDER
CHAPTER 499B OF THE IOWA CODE(2003), BY A DELCARATION OF SUBMISSION OF
PROPERTY TO HORIZONTAL PROPERTY REGIME FOR TRIPP STREET 3709 & 3815
CONDOMINIUMS DATED OCTOBER 16,2003 AND RECORDED DECEMBER 23,2003 IN
THE OFFICE OF THE COUNTY RECORDER FOR STORY COUNTY, IOWA AS
DOCUMENT NO.03-25315.AND AS AMENDED OR SUPPLEMENTED,TOGETHER WITH
THE UNDIVIDED INTEREST IN GENERAL AND LIMITED COMMON ELEMENTS
APPURTENANT TO SUCH UNITS AS PROVIED IN THE AFORESAID DECLARATION.
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:City Clerk's Office,515 Clark Avenue,Ames,IA 50010 Phone:515-239-5105
Return to:Ames City Clerk,P.O.Box 811,Ames,IA 50010
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 3709,3803,3807,3811,3815,3819,3905,3911,and 3917 Tripp Street is rezoned
from Suburban Residential Medium-Density (FS-RM) to Suburban Residential Medium-Density
Planned Unit Development(FS-RM PUD).
Real Estate Description:Lot 1,South Fork Subdivision,First Addition and Lot 2,South Fork
Subdivision, First Addition.
Section 2: All other ordinances and parts of ordinances in conflict herewith are hereby repealed
to the extent of such conflict.
Section 3: 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 John A. Haila, Mayor
N G TW DEVELOPMENT ( CONSTRUCTION I MANAGEMENT
A
1301 EAST WASHINGTON STREET, SUITE 100, INDIANAPOLIS, IN 46202 1 317.264.1833 1 TWGDEV.COM
11/02/2021 RECEIVED
Kelly Diekmann
Planning & Housing Director NOV3 2�21
City of Ames CITY OF AMES IA
515 Clark Avenue DEPT.OF PLANNING AND HOUSING
Ames, Iowa 50010
RE: Request for Three Readings of Rezoning Ordinance on November 23rd
Dear Mr. Diekmann,
Please consider our request to have three readings of our rezoning ordinance for City Council
meeting on November 23`d to have everything completed by the end of the month. Windsor
Pointe Apartments is scheduled to be awarded for Low Income Housing Tax Credits this year
with approval of zoning from the City of Ames. Unfortunately, if we are unable to get zoning,
Windsor Pointe Apartments falls out of a Qualified Census Tract (QCT) in 2022, making this
substantial rehab unfeasible. Iowa Finance Authority has requested the month of December to
process paperwork if zoning is considered. We hope City Council understands the urgency of our
situation and can accommodate the three readings on November 23rd. If we are unable to do
three readings on November 23`d, we would like to request a special meeting the following week
to complete the three readings. Please let us know which path would be best for City Council.
We appreciate your help in getting this scheduled.
Sincerely,
Ryan Kelly
Acquisitions Director