HomeMy WebLinkAboutA008 - Memo dated November 23, 2021 from Planning & Housing • � CITY OF
� Ames
" PLANNING S� HOUSihlu ��O
Department of Planning& Housing
TO: Mayor and City Council
FROM: Kelly Diekmann, Planning & Housing Director
DATE: November 23, 2021
SUBJECT: Revised Contract Zoning Agreement for Tripp Street PUD Overlay Rezoning
Enclosed is a revised contract rezoning agreement. The applicant had requested clarifications of
references to the IRS Section 42 standards related to LIHTC. The edited sections are highlighted. Due
to the late changes this afternoon, the agreement is not signed,but verbally has been agreed to by the
applicant's representatives. A signed agreement is required prior to close of the Public Hearing
regarding the rezoning request.
SPA C E A B O V E 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:Maio O.Lambert,City ofAmes 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 Windsor
TWG, LP,an 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 3 917 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,
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
rezoning.
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
Developer may result in the PUD overlay being repealed, and the rezoning of the property
at the City's discretion.
E. Sijznatures 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 for a period of 30 years that shall commence on
Apia-. 2022, unless an extension is granted by the City Council, that the site will be
operated as an affordable housing project for qualified households earning 60% or less of
the Average Median Income as calculated by the Department of Housing and Urban
Development for 100% of the units (145 units). The 30-year affordability period is the
combination of an initial 15- ear compliance period and a second 15- ear extended use
Y P P Y
period as defined within the Internal Revenue Code Section 42, commonly known as Low
Income Housing Tax Credit program (LIHTC).
C. Operating the site as affordable housing is expressly intended to be
consistent the terms of Section 42 and any land use restriction agreement(LURA)required
in conjunction with Section 42. A LURA contains various affordable housing provisions,
definitions,and requirements regarding eligibility of households,rents,and other operating
standards necessary to maintain consistency with the requirements of Section 42.
D. The Developer agrees that at no time during the 30-year affordable housing
period will students be allowed as residents within any affordable housing unit,unless they
meet an exception standard of Section 42.
E. The Developer will provide to the City of Ames Planning and Housing
Director annually, no later than April 1st, information necessary to verify operation of the
site and qualifying of households within affordable housing consistent with the federal Low
Income Housing Tax Credit(LIHTC)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.
F. 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.
Use of parking is to be shared amongst all users of the site regardless of ownership.
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]
CITY OF AMES,IOWA WINDSOR TWG, LP
By
By
John A. Haila, Mayor
STATE OF COUNTY OF
Attest ,ss:
Diane R. Voss, City Clerk This instrument was acknowledged before me on this
day of ,2021,by
STATE OF IOWA,COUNTY OF STORY,ss:
On this day of as Manager,Windsor TWG,LP.
,2021,before me,a Notary Public
in and for the State of Iowa, personally appeared John A. BY Notary Public in
Haila and Diane R. Voss, to me personally known, who, and for the State of
being by me duly swom,did say that they are the Mayor and
City Clerk,respectively,of the City of Ames,Iowa;that the
seal affixed to the foregoing instrument is the corporate seal
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