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HomeMy WebLinkAboutA007 - Council Action Form dated August 9, 2022 ITEM #:40_ DATE: 08/ 9/22 COUNCIL ACTION FORM SUBJECT: REZONE PROPERTY AT 798 NORTH 500TH AVENUE FROM "A" (AGRICULTURAL) TO "FS-RL" (FLOATING SUBURBAN RESIDENTIAL LOW-DESNITY) ZONE WITH MASTER PLAN BACKGROUND: Hunziker Development Group, the owner of 28.58 acres property located at 798 North 500th Avenue, has applied to rezone the property from "A" (Agricultural) to "FS-RL" (Floating Suburban Residential Low-Density) with a Master Plan. The site is to the north of the existing Sunset Ridge Subdivision (Location Map- Attachment A). The property is located on land annexed in February 2022. The property has been zoned "A" Agricultural since its annexation. (See Attachment A) The property is located in the RN3 Land Use Designation, which is designated for areas where the City is currently expanding or anticipated to expand. The proposed FS-RL zoning district is intended for new areas within RN3 to accommodate low density development patterns. The developer proposes to construct between 55-65 new single-family detached homes on 13.27 acres. The net density will be in the range of 4.14-4.90 units per acre, which exceeds the minimum required density of 3.75 units per acre in FS zoned districts. The future development is intended to be similar to the existing Sunset Ridge subdivision to the immediate south. Wilder Avenue and Ellston Avenue will extend into this area to provide access south to Lincoln Way. An east-to-west street will bisect the future development to provide additional access to residential lots. The general pattern of open space and storm water detention are shown on the Master Plan and estimated to be approximately 11.3 acres of the entire 28.58 acre property. The estimated amount of open space would greatly exceed the minimum 10% required open space in the FS zone standards. The final arrangement of open space and outlots will be part of the Preliminary Plat review. A Preliminary Plat and Final Plat must be approved before construction of homes can begin and to determined final lot layouts, utilities, and configurations of open space. The Preliminary and Final Plats will ensure that the requirements of the Master Plan are met. With Ames Plan 2040, the City evaluated infrastructure needs to serve the westward expansion of the City. City staff evaluated options to extend a sanitary sewer trunk main to the west and believes routing the trunk line through the subject site would be appropriate with this project. This trunk line extension is consistent with Ames Plan 2040 and American Rescue Plan Act (ARPA) funds have been included in the Capital Improvements Plan to complete the installation. 1 The line will extend from east to west through the site. The sanitary sewer is a 12" trunk main that is required to serve future development compared to a standard 8" inch line. Coordination of the location and construction of the sanitary sewer trunk line needs to occur with the development of this property. The attached Rezoning Agreement outlines the terms of the sanitary sewer construction as an "oversizing" cost share agreement. The agreement s t a t e s that the developer shall design the sanitary sewer to city specifications at their cost, pay the City for its proportionate share of construction based upon a standard 8" inch sewer, and the City will bid and construct the project. If the City does not award the contract for construction of the sewer line prior to December 2023—for any reason—the City has no obligation to share in the cost of the installation. If this were to occur, the developer would instead grant the City a 75-foot sewer easement as part of the rezoning agreement to FS-RL. The R e z o n i n g a g r e e m e n t is attached and has been signed by the developer. The developers share of cost is $604,725. The agreement also stipulates that if the bids for the sanitary sewer systems project would result in the City's cost to oversize the sanitary sewer line to exceed $1,065,000, then the City may reject all bids in its sole discretion. Other utility and infrastructure extensions are readily available to serve the site. Water main is available to the south in the existing Sunset Ridge Subdivision and can be extended into this site. Ames Electric will serve the eastern half of the site with Consumers Energy serving the western half. The Master Plan identifies four road connection points. Wilder Avenue will extend from the south with a shared use path. Ellston will connect to the south. Two future extensions are shown to the north. No connection to N 500t" Avenue is planned. A small area on the far eastern side of the property is floodplain. All the floodplain area will be contained in proposed greenspace so as to keep developed lots outside of flood prone areas. A more detailed analysis of Ames 2040 Comprehensive Plan standards, proposed Master Plan and Infrastructure is provided below in the Addendum. SANITARY SEWER LINE COST SHARE & ARPA As explained earlier, American Rescue Plan Act (ARPA) funds have been allocated for the construction of the 12' sanitary sewer trunk line. In this case, as with other developments involving cost sharing of infrastructure installation, the developer is responsible to pay their portion of the standard size of the trunk sewer line. The availability of the ARPA funds presents a unique situation in this particular case. Normally, developers must pay the city for their proportionate share of costs at projected c i t y expenses for completing the installation of infrastructure. In this instance, the developer is paying the city the cost of installing the standard 8" portion of the sewer line 2 at what would be their own costs, as though they were constructing it themselves. This difference means that the City is exposed to more potential cost when the bid tabulations are collected. However, projected costs for the entire installation of a 12' line at city costs are well within the budgeted amount of ARPA money the City has identified for this project. In this case, the City believes the amount of ARPA funds on hand adequately cover the total project costs. As a result, the amount of money the developer is paying the City is somewhat less than what it would otherwise be. This is not a policy change for how the City approaches cost sharing. Future developments with CIP dollars involved will require shared costs calculated using the City's method of using projected City costs as the basis for the amount of money the developer is required to contribute. Since ARPA dollars are involved and the Ames 2040 Comprehensive Plan calls for this trunk line to accommodate future growth through this area, staff views this as an appropriate exception with regard to how costs are calculated, to complete a vital piece of required infrastructure to accommodate many years of future g rowth. PLANNING & ZONING COMMISSION RECOMMENDATION: On May 18, the Planning & Zoning Commission voted 6-0 to recommend approval of the rezoning with masterplan, with a condition that a Contract Rezoning agreement be finalized prior to City Council approval. A letter was received by the Planning & Zoning Commission and a neighbor spoke to the Commission at the meeting regarding storm water flow concerns with the proposed development and the configuration of open space along the common boundary of the site with Sunset Ridge. The Developer, Justin Dodge, answered questions from the neighbor and questions from the Planning & Zoning Commission including questions regarding how stormwater flow is anticipated to be handled. ALTERNATIVES: 1. Approve the contract Rezoning Agreement, and approve on first reading the rezoning of 28.58 acres at 798-500 1 Avenue from Agricultural "A" to Floating Suburban Residential Low-Density "FS-RU with a Masterplan. 2. Deny the rezoning of 28.58 acres at 798 500"'Avenue from Agricultural "A" to Floating Suburban Residential Low-Density "FS-RL" with a Masterplan and contractual rezoning agreement if the City Council does not believe the proposed rezoning with Master Plan or Contract is consistent with the policies of the Ames Municipal Code, Ames Plan 2040 for rezoning and the RN3 land use designation. 3. Refer this matter back to staff or the applicant for more information. 3 CITY MANAGER'S RECOMMENDED ACTION: The request for rezoning is consistent with the adopted Ames Plan 2040 as described in the report. Utilization of infrastructure and City services for this parcel is consistent with what has been anticipated for development in this area. Because of the existence of ARPA funds, this presents a unique opportunity to complete a vital piece of infrastructure for the City's future growth as called for in Ames Plan 2040 Comprehensive Plan. With this is mind the unique cost sharing agreed to with this project should not be considered precedent setting for future projects. The Master Plan as proposed will restrict the maximum number of units on this property to no more than 65 with all dwellings as single-family detached homes. The Contract Rezoning Agreement outlines the terms of the Sanitary Sewer Trunk line construction between the City and the Developer. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1. 4 ADDENDUM REZONING BACKGROUND: Existing Uses of Land. Land uses that occupy the subject property and other surrounding properties are described in the following table. Direction from Subject Existing Primary Land Uses Property Subject Property Undeveloped/Row-crop North Undeveloped/Row-crop East Wooded floodplain/Single Family Residential further east South Single Family Residential West Existing farmsteads and Row-crop Ames Plan 2040 The project area has a RN3 land use designation. The RN3 characteristics are supported further by Ames Plan 2040 Comprehensive Plan Principles related to Growth principles in (G1-6) as well as Neighborhoods and Housing (H3) which are contained below in Attachment E and F and cited by the applicant in their narrative supporting the rezoning in Attachment G. These sections deal further with guiding principles of creating appropriate urban fabric, housing considerations, and maintaining community character. The sections relating to Land Use Designation, Neighborhood Characteristics, Growth Goals and Development Guidelines are shown below from the RN3 section of the Ames 2040 Comprehensive Plan as a reference. Not all elements allowed in each section pertain to the current proposal but also are not found to conflict with the proposal for this property. A brief analysis of Complete Streets typology is also included. Staff finds that the elements stated in the principles below are met in relation to low density residential development rezoning in the RN3 Land Use Category. Land Use Designation The Future Land Use Map designates the land proposed for rezoning as "Residential Neighborhood 3" (RN3). Open Space/Greenway designation applies in part to the site as well. The RN3 designation supports an average density of 5 units per acre as the City develops and expands. This is a goal over a broad area that is designed to encourage of mix of housing types and efficient use of land; however, it does not necessarily apply to each project that is proposed. Various zoning districts are used to implement this designation. 5 Zoning district include the "FS-RL" Floating Suburban Residential Low-Density zoning district (see Attachment D — Future Land Use Map). RN3 areas will typically have current zoning of FS-RL, FS-RM, F-PRD (Planned Residence District), PUD (Planned Unit Development) or RLP (Manufactured home park). Attachment E includes the excerpt of Plan 2040 for the RN3 designation that is discussed below. Each land use designation in Plan 2040 describes its context and potential issues to be addressed or guidance for future projects as they occur during the next 20 years. The proposed FS-RL zoning with Master Plan aligns with the RN3 land use designation. Neighborhood Characteristics The RN3 designation is oriented around contemporary but diverse development options in planned expansion areas of the City, typically known as FS zoned areas. These areas where originally envisioned in the 1997 Land Use Policy Plan as villages. Plan 2040 further describes RN3 neighborhoods as being designed with conventional suburban type development patterns involving single-family homes at low or medium density. Curvilinear streets, loop streets with minimal cul-de-sacs will be common street characteristics. Such neighborhoods will commonly be automobile oriented. Transit service is likely limited or non-existent. Neighborhoods will have access to private green space involving internal paths and trails. Stormwater detention features will be incorporated into design. In general, some small commercial nodes will be located within or in nearby areas of RN3. Growth Goals The goals of RN3 involve creating a variety of housing types and price points that can be attainably priced and owner occupied. This involves neighborhood design through zoning tools such as the Planned Development of neighborhood cores containing higher density with links to single-family areas and nearby neighborhood services. The use of Complete Streets concepts is expected with elements to include active transportation linkages and providing safe access for all neighborhood cores and activity areas. Development Guidelines The neighborhoods in RN3 designated areas will incorporate flexible lot sizes to accommodate diverse housing types with regard for architectural character, environmental and open space factors in design decisions. Generally, higher density residential will be encouraged along avenues, boulevards and mixed-use avenues and other streets with significant bicycle and potential transit routes and within master planned projects. Street, sidewalks and trails will have full connectivity. New developments will require neighborhood and community parks nearby in relation to the City's open space and parking planning. Typically, developments should be within '/2 mile of a park. Open Space and Parks A City neighborhood park currently exists approximately 1/4 of a mile to the south of this property in the Sunset Ridge neighborhood. This meets the Land Use goal of the 6 proposed future neighborhood being within a '/2 mile of a city park. Additionally, the Ames 2040 Comprehensive Plan does have a general conceptual plan for acquisition of parking space for a larger community park to the immediate north of this property. With the existing park and planned park to the north, no additional public park land is planned with this development. The greenway designation at the east edge of the site is shown on the Master Plan as open space. Complete Streets Typology The proposed street extensions into this area are classified in the Ames 2040 Plan Complete Streets typology as Neighborhood Streets which are designed to be low traffic with separated walkways and some on-street parking. The technical functional classification is also known as a `local street'. One of the uses of these types of streets are intended to be located in new expansion areas with low density zoning such as the density of development being proposed here. One of the connecting streets, Wilder Avenue, is designated as a residential collector street. These street types are designed to be in low density residential areas and connect to local streets as will be the case in this development. The street typology does not in this case affect the rezoning request. Public Actions Plan 2040 includes actions to guide City plans for infrastructure. It relies primarily on using the Capital Improvements Program (CIP) to plan for extension of major roads, water and sewer infrastructure while considering development agreements, connection districts and assessments to help facilitate extensions. In this case the need for sanitary sewer trunk line extension is within the CIP. This supports the need for a contract rezoning agreement to address infrastructure extensions as is recommended by staff. Proposed Zoning The applicant proposes rezoning from "A" (Agricultural) to "FS-RL" (Floating Suburban Residential Low-Density) with a Master Plan. The properties to the north are outside the city in Story County and currently row cropped as well as existing farmsteads and row crop land along and across North 500th to the west. The property to the east in in floodplain along Clear Creek with some wooded residential lots zoned RL (Residential Low-Density). Properties immediately to the south are zoned "FS-RL" (Floating Suburban Residential Low-Density) in the existing Sunset Ridge Subdivision which contain single- family detached homes. Master Plan The Master Plan will govern density with a range of 55-65 units allowed on the site. The net density will be in the range of 4.14 to 4.90 units per net acre. The net acreage of developable area will be 13.27 acres of the total 28.57 acres. The other 11.3 acres is reserved for stormwater management and Open Space The future Preliminary Plat and subsequent Final Plat(s) will ensure that the number of units aligns with the Master Plan. A Master Plan is required in this case based on Section 29.1507(3) that when "an application is made for amending the zoning map to designate any property as FS-RL, FS-RM, or PUD, the applicant must either prepare a Master Plan or request that the City Council determine whether it will be required." The Master Plan in this case will dictate the general street layout, general buildable area in location and acres and number of units as well as net density. The plan will also guides the layout of utilities to serve the site. The final configurations of lots and open space will be determined during preliminary plat review. Infrastructure Impacts on infrastructure and City services for this parcel are consistent with what is already anticipated for residential use of the property. Public utilities such as water and sewer serving this parcel are located immediately south in the Sunset Ridge development and can be easily extended to this site. Electricity is also available to serve the site. A large 12" Sanitary Sewer trunk main will be required to be installed through the site from east to west to accommodate planned future growth to the north and west of this site. A contract zoning agreement has been finalized with the developer to ensure financing and construction of the main. The main is required for future growth beyond this site and as such must be installed with this subdivision. Site access will occur from Wilder Avenue and Ellston Avenue to the south from the Sunset Ridge Development. Both streets connect to the existing street network to the south where Wilder Avenue connects to Lincoln Way. An east to west street will bisect the site to serve the remainder of the area. Sidewalks will be provided throughout the site and an existing shared use path to the south in Sunset Ridge will be extended into the neighborhood along Wilder Avenue. All the connections and proposed streets are adequate to serve the anticipated traffic generated by this site. Findings of Fact. Based upon an analysis of the proposed rezoning and laws pertinent to the proposed map amendment, staff makes the following findings of fact: 1. The subject property is owned by Hunziker Development Group. The rezoning request and statement of justification is included as Attachment D. 2. Ames Municipal Code Section 29.1507(1) allows the property owner to initiate an amendment to the Official Zoning Map. 3. The proposed rezoning is consistent with the designation of "Residential 8 neighborhood 3 (RN3)" identified on the Ames Plan 2040 Future Land Use Map. 4. Development in the "FS-RL" zoning district requires a Master Plan and subsequent Platting review process to assure that such development and intensity of use assures a safe, functional, efficient, and environmentally sound operation. 5. Impacts on infrastructure and City services for this parcel is consistent with what is already anticipated for the area. Public Notice. The City provided mailed notice to all property owners within 200 feet of the subject property prior to the City Council meeting in accordance with the notification requirements of Chapter 29. 9 Attachment A- Location & Current Zoning n ° `sr �S-REFS RL RL RL F PRD - DFFTA R 0 5T__ .i �F PRD u RL Clluent Zoning �� ,� � RL F-PRD AgriclII loe F-PRD i S GR WI, RL ,a .. �A ,_ ..•.. saxa ,.. ., ate- GA r RL RL Yd 7 y WESTFIELD DR a Q, a W DR to,+ c a FS-RL prR FS-RL 5 Po ti A A o r sd DU RANT ST v a �. F PRD F PRD 798 5 0 oth Avenue Current Zoning 1 Attachment B- Proposed Zoning Designation FS RL FS RL RL RL F PRD RL i en s ^#i Proposed Zoning � . � � RL FPRD FS-RL F-PRD s a t -GA�RL . RL WESTFIELD DR z '0 11 9 S FS-RL � FS RL �o P �, { t p $R ` o t DURANT ST O N 0 F-P R D Ir4i �lI F-PR€? F 798 S o 0th Avenue Proposed Zoning 10 Attachment C- Proposed Master Plan ilia a v �.$ � 5 Nil tall --- t 4 E c 1156g ug m.[— .w ae.� 'a �snx�xr. uknw'K 11 Attachment D- Future Land Use Map Ames Plan 2040 WM WFl1-Future land Use Residential Neighborhood 1 Jra&ional(RW) Residential Neighbor;ood 2-Established(RN-2) ResidentialNeighbor400d3-Ezpansion(RN-3) / Residential Neigbbo,haod4-Yllage(RN-4) Residential Neighborhood 5-Mufti-fam1y(RN.5) Neighborhood Core(NC) l Neighborhood Core - MixedUse(NCMU} �� �,� �i /" Communit commerciallRetaiE(Cam-CR) lk General Commercial(GC) r �5 Core(Core) Redirection(Redir) Urban Corridor Employment(Emp) lI Parlo'Recreation . Open Space civic J._�... Civic-University r 4 Hospital/Medical Special Area r 14 �Near Campus Overlay 1 � i Ames Plan 2040 WM Li-Story CO Urban Reserve 12 Attachment E- RN3 Characteristics Residential Neighbor hood 3 -3- Expansion) . Contemporary but diverse development options . Access to private green space,internal APPLICABLE EXISTING ZONING CATEGORIES in planned expansion areas of the City,known as paths,and trails is often included in . PS•RL Suburban Residential Low-Density FS zoned areas Originally envisioned in the 1997 development design.Includes storm water , Fs-RM Suburban Residential Medlum-Density LUPP as"viflages"and residential subdivisions. detention features within developments. F-PRE Planned Residence District. Primarily residential and largely single- . Curvilinear street networks,minimizing cul-de- family at low and medium densities.Some sacs.but somewhat limited connectivity at times. , PUD planned Unit Development Overlay District medium-density apartment developments. , Common pattern of automobile-oriented . RLP Residential Low-Density Park . Conventional suburban lot sizes in subdivisions. design with front-loaded garages. . Limited or no transit access. Includes small commercial nodes. GOALS DEVELOPMENT GUIDELINES PUBLIC ACTIONS Wide range of housing types and prate . Flexible lot size design standards for diverse . Review and modi#y zoning and subdivision points,need to incorporate attainably housing types,including architectural regulations to address intended range priced owner occupied housing. character,environmental.and open of uses and design standards. space factors in design decisions. . Permit accessory dwelling units with Planned development of neighborhood lot size and design standards. cores,with higher density,linkages to single- . Higher residential densities(attached. Family areas,and neighborhood services. townhomes,small multiunit buildings)on , Extend trail network into growth areas. nectivity and planned avenues,boulevards,and mixed use avenues.and street linkages to surrounding developments. str Nigh level of internal con other eets with significant bicycle and potential . Support transit extensions to serviceable areas. transit routes;and within master planned projects. , Use the Capital Improvements Program to Use Complete Street concepts with . Street,sidewalk,and trail connectivity. plan for extension of major road,water,sewer development.Include active transportation infrastructure.Consider use of development linkages.Provide safe access for all to . New development requires neighborhood agreements,connection districts,and neighborhood cores and activity areas. and community parks.See also assessments to help facilitate extensions. Parks and Recreation Chapter. Target minimum gross density in major new development areas of 6 units per acre. . Plan to accommodate transit extensions into developing areas by design and density levels. Li �pi P lII�I! � . Allow common accessory functions, � �� V Ij�l�� Dili" iIll i iilil=fir,,,` hf 4�r(ial � places of worship,and parks. Apply minimum density standards to new u' ! development,single-family 3.75 du/A.medium- density minimum density 10.0 duJA,cores r. and high-density areas have higher intensity and densities than medium-density. f �& .>�n • am!. 13 Attachment F- Growth Principles Guiding Principles of Growth G3:Infill that Enhances Urban Fabric.Ames I public realm,are key components of an urban will take advantage of existing infiil sites within j experience and a attractiveness of suburban Gt:Sustainable Growth.The vision is for the existing urbanized area to increase both the ! locations. new growth to be both economically and efficiency and quality of its urban environment, environmentally sustainable.This encompasses Infill development may change the types and GS Review and Approval Process.The housing densities that minimize the footprint intensities of land use and introduce new ongoing land use planning process defines of growth and reduce service cost per unit; building forms.Larger areas planned for change priorities and policies,while development review maximum use of existing infrastructure;new are described as redirection or redevelopment affirms consistency with specific standards investments that have citywide benefits;and areas.As such,it requires an assessment that implement these policies.Decisions will preservation of environmental assets, of community needs and character of the be made through a transparent,collaborative surrounding area to guide planning and policy process that includes stakeholders,and moves G2n Contiguous Greenfield Development. decisions on specific changes. toward solutions that are compatible with long- Ames will accommodate much of its projected term community goals.This process should be population growth in areas contiguous to G4:quality Urban Experience.The City viewed by all parties as fair and reliable. the existing built-up city.During the Plan endeavors to provide urban and suburban 2040 process,the City identified alternative experiences that suit a variety of interests.All G6:Planning for Equity.Ames will continue to contiguous Tier 1 and Tier 2 areas as most new development areas will be supportive of grow in diversity of its people and Jobs during readily able to serve the projected growth in a healthy and safe urban environment to be the next twenty years.Equity with growth population and employment.Providing multiple enjoyed by all residents.New growth will include requires consideration of the needs of a diverse opportunity areas creates choices that support a planned diverse mix of housing and include population.This includes adding affordable a variety of needs of a growing community or provide good access to trails,public parks i housing.multiple housing types,and market- and open space,services,and commercial based price paints,supporting economic development.Quality of design,including i growth,expanding transportation choice, building architecture and relationships to its i providing accessible institutions and services, surrounding,along with improvements to the i and maintaining a variety of amenities. I 14 Attachment F (Cont.) Housing Guiding Principles for Neighborhoods,dousing &Subareas H1:Housing Choice and Attainability.Ames will support housing choice and attainability for people of all income ranges.Growth and Land Use policies include a range of housing types that meet the programmatic and economic requirements of all demographic groups. Support for increased supply is important to moderate cost increases due to supply constraints;however.a variety of housing types Neighborhood conservation has two primary i residential densities.They are intended to and size of housing can create a broader range help buiid community both within themselves focuses:1)maintaining the quality and integrity of price points making ownership housing more of existing investment and 2)strategic infi{l and together with previously established attainable for a wider segment of the population. development that both addresses problems neighborhoods.They are not intended to be Although the City endeavors to increase the and increases the value and quality of the local unstructured clusters of subdivisions. percentage of ownership housing units in the environment.Neighborhoods in Ames are not City as a percentage of total units,adding rental islands and neighborhood conservation is a H4:Redirection Areas.Ames will Identify land use redirection and infiil areas and encourage housing opportunities is important to health of dynamic process.Change will occur,but change their eventual redevelopment. the community as well.Rental housing choices must be managed and directed in ways that are key components of land use planning in strengthen the city's residential areas. Infill development can provide a variety of growth areas and redirection areas where they urban housing environments In areas that are help to fulfill overall community development H3:New Development Areas that Build underused or inefficiently used and can take goals in addition to housing.The evolving senior Community.Ames will use density,scale,and advantage of Ames's existing resources. housing demographic will also impact housing ou€Iding types to define development areas that design and choice over the next2o years. build connected communities,each of which Underused but strategically located sites provides housing choices. can provide important resources for housing H2:Neighborhood Quality. Ames will development that take advantage of existing support maintaining the quality of existing planning and development in"greenfield" commercial development and community neighborhoods by encouraging reinvestment growth areas should align with the overall services.in many cases,these opportunities are and conserving and enhancing existing housing. housing goal of providing choice and variety located along or near major urban corridors. of tenure,design,and price.The growth The majority of Ames`affordable housing concept presented in the Growth&Land use City policy should identify these opportunities inventory is already on the ground•and existing chapter establishes development areas that and advance their redevelopment through residential represents the eity's largest single are connected to the City,served by logical planning and private sector partnerships. capital asset.Maintaining the quality of existing extensions of greenway and transportation neighborhoods is fundamental town effective systems,and a mix of both land uses and city housing policy. 15 Attachment G- Applicant Narrative North Sunset Ridge Subdivision Rezoning Narrative Reasons for Requesting Rezoning We are requesting the parcel be rezoned from the current Agricultural—A to F-S RL(Suburban Residential Low Density)—to allow the development of the property as Residential. Consistency of this rezoning plan with the Ames Plan 2040—Future Land Use Map The parcel requested for rezoning meets the consistency and goals of the Ames Plan 2040. Guiding Principles of Growth Gl:Sustainable Growth.The vision is for new growth to be both economically and environmentally sustainable.This encompasses housing densities that minimize the footprint of growth and reduce service cost per unit,maximum use of existing infrastructure;new investments that have citywide benefits;and preservation of environmental assets. The proposed North Sunset Ridge Development meets the goals of sustainable growth.The development exceeds the minimum density requirements.The development will utilize existing infrastructure to help reduce lower the cost per unit of the development.The city will also be installing a new truck line sewer through the development to allow for future growth to the west.The development will connect to two existing street stubs,Wilder Ave and Elliston Ave,from Sunset Ridge.The development will avoid the tree areas on the east side of the project as much as possible.Minor disturbance will be required to install the sanitary sewer trunk line. 62:Contiguous Greenfield Development.Ames will accommodate much of its projected population growth in areas contiguous to the existing built-up city.During the Plan 2040 process,the city identified alternative contiguous Tier 1 and Tier 2 areas as most readily able to serve the projected growth in population and employment. Providing multiple opportunity areas creates choices that support a variety of needs of a growing community The proposed development is in plan 2040 West growth area and is a Tier I development which has immediate availability to infrastructure,street connections.This will maximize the use of existing infrastructure and transportation facilities. G3:Infill that Enhances Urban Fabric.Ames will take advantage of existing infill sites within the existing urbanized area to increase both the efficiency and quality of its urban environment.Infill development may change the types and intensities of land use and introduce new building forms. Larger areas planned for change are described as redirection or redevelopment areas.As such,it requires an assessment of community needs and character of the surrounding area to guide planning and policy decisions on specific changes The proposed development is not an infill but is directly adjacent to an existing subdivision and will match the existing character and scale of the adjacent neighborhood, 16 Attachment G (Cont.) G4:Quality Urban Experience.The City endeavors to provide urban and suburban experiences that suit a variety of interests.All new development areas will be supportive of a healthy and safe urban environment to be enjoyed by all residents.New growth will include a planned diverse mix of housing and include or provide good access to traits,public parks and open space,services,and commercial development.Quality of design,including building architecture and relationships to its surrounding, along with improvements to the public realm,are key components of an urban experience and an attractiveness of suburban locations. The proposed development will include access to existing sidewalk and trails in Sunset Ridge.The development is also being designed to allow for expansion of development areas to the north as that land becomes available.There is also discussion of the land to the north becoming a park in the future. Considering this the proposed development is set to allow access to this area. GS:Review and Approval Process.The ongoing land use planning process defines priorities and policies,while development review affirms consistency with specific standards that Implement these policies.Decisions will be made through a transparent,collaborative process that includes stakeholders,and moves toward solutions that are compatible with long-term community goals.This process should be viewed by all parties as fair and reliable.' The proposed development wit]follow the City's approval process for the subdivision. G6:Planning for Equity.Ames will continue to grow in diversity of its people and jobs during the next twenty years.Equity with growth requires consideration of the needs of a diverse population.This includes adding affordable housing,multiple housing types,and markevbased price points, supporting economic growth,expanding transportation choice,providing accessible institutions and services,and maintaining a variety of amenities. The proposed development will be open for all people.it will have full streets and sidewalks throughout the subdivision providing multiple transportation options. Land Use The proposed development is in the RN-3 and will meet the goals and development guidelines of the characteristics as set forth in the Ames 2040 Plan. Housing H3:New Development Areas.Ames will use density,scale,and building types to define development areas that build connected communities,each of which provides housing choices. The proposed development will be consistent with the density and housing types in Sunset Ridge.It will encourage continuous and usable pedestrian routes.The development will meet the goals for housing and density. Current Zoning of the subject property The property is currently zoned Agricultural—A Proposed Zoning of the subject Property 17 The requested zoning is 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"N" A PART OF THE N 1/3 OF THE N 1/2 OF THE SW FRL. 1/4 AND OF THE N 1/3 OF THE WEST 1/2 OF THE NW 1/4 OF THE SE 1/4 OF SECTION 6,TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M.,STORY COUNTY, IOWA,AS SHOWN ON THE PLAT OF SURVEY RECORDED ON DECEMBER 15,2003 ,AS INSTRUMENT NO.03-24892,SLIDE 191, PAGE1. 18 SP 'AC"E ABOVE R . 1..........SERVED FOR OFFICIAL USE __. !,.,qgal description:See page 1. -............ IA50010 Return document to: City Clerk,515 Avenue, ��....... -515-239-5146 Document prepared by: Mark O.Lambert,City of Ames Legal Depantmen�515 Clark Ave.,Ames,1A 50010 CONTRACT REZONING AGREEMENT FOR ADOPTION OF THE MASTER PLAN FOR 798 N. 500T11 AVENUE THIS AGREEMENT,made and entered into this_ day of July 2022,by and between the City of Ames, Iowa, (hereinafter "City") and Hunziker Development Group, LLC, its successors and assigns (hereinafter "Developer"), collectively being referred to as the"Parties," WITNESSETH THAT: WHEREAS, the Parties hereto desire the improvement and development of real property (approximately 28.58 acres) in the City of Ames, locally known as 798 N. 500'h Avenue(hereinafter referred to as the"Site")and legally described as: Parcel "N" a part of the N 1/3 of the N 1/2 of the SW Fri. 1/4 and of the N 1/3 of the West 1/2 of the NW 1/4 of the SE 1/4 of Section 6, Township 83 North, Range 24 West of the 5"' P.M., Story County, Iowa, as shown on the Plat of Survey recorded on December 15, 2003, as Instrument No. 03-24892, Slide 191, Page I AND Parcel 111"I a part of the N 1/3 of N 1/2 of the SW Fri. 1/4 and of the N 1/3 of the W 1/2 of the NW 1/4 of the SE 1/4 of section 6, Township 83 North, Range 24 West of the 5 h P.M., Story County, Iowa, as shown on the Plat of Survey recorded on December 15, 2003, as Instrument No. 03-24892, Slide 191, Page 2; and WHEREAS, the City approved the annexation of the property on October 12, 2021, by Resolution No. 21-544, the City Development Board approved the annexation on February 10, 2022, which was filed with the Recorder of Story County, on March 11, 2022,as Instrument No.2022-02259 ; and WHEREAS, the Site is designated on the Ames Plan 2040 as Residential Neighborhood 3 (RN-3 Expansion) which has an allowable zoning category of Suburban Residential Low-Density (FS-RL), and the Developer is seeking rezoning of the Site from the current zoning of Agricultural (A) to Floating Suburban Residential Low- Density (FS-RL)with Master Plan; and WHEREAS, The Developer and The City desire to ensure reasonable conditions for development of the site per Iowa Code 414.5;and WHEREAS,the Developer has submitted a Master Plan in conformance with the requirements set forth in Ames Municipal Code§29.1507(4); and WHEREAS, Ames Municipal Code §29.1507(5) requires approval of a zoning agreement when a Master Plan is required and that all development of the Site comply with the Master Plan; and WHEREAS, the City desires an extension of an oversized sanitary sewer system to serve land beyond the site and the City is willing to pay for the oversizing costs,under certain conditions, with the Developer paying for the base-sized costs of said sanitary sewer system. NOW,THEREFORE,the Parties hereto have agreed and do agree as follows: I. 798 N.5001h AVENUE MASTER PLAN ADOPTED The Master Plan, which is set forth as Attachment A and incorporated by reference in this agreement, shall be the Master Plan for the Site. Developer agrees that all development upon the Site shall be in compliance with the Master Plan on file with the Department of Planning&Housing. Developer further agrees that: (a) No more than 65 dwelling units shall be developed and built for occupancy upon the Site, and all dwelling units on the Site shall be single family detached homes. II. SANITARY SEWER TRUNK MAIN INSTALLATION In consideration of the rezoning of the Site,Developer further agrees that: (a) Developer shall, at Developer's sole expense, design an oversized 12" sanitary sewer system of approximately 3,500 linear feet to City specifications designed to serve the growth area west of North 500d, Avenue. Developer shall submit the sanitary sewer system plans to the City for review and approval prior to preliminary plat approval. (b) Upon the City's approval of the oversized sanitary sewer system plans, engineering cost opinion, and accompanying specification book, the City will bid said project for construction. (c) Developer agrees to pay cash in escrow for Developer's proportionate cost of the total construction and inspection of the base-sized, 8" sanitary sewer at standard depth and slopes in the amount of$604,725. Payment shall made to the City of Ames at the time of first Final Plat approval or within 14 days of the award by the City of a contract for the sanitary sewer installation project, whichever event shall occur first. The City shall hold the funds in escrow to be used to make payments for construction of the sanitary sewer project. Developer's payment to the City from the cash held in escrow for Developer's proportionate cost of the sanitary sewer system, shall be due and made from escrow at such time as the City's contractor for the sanitary sewer installation project is due payment under the terms of the contract. If the City does not award a bid for said project by December 2023, the City's obligation to pay for any oversizin.g cost of the sanitary sewer shall terminate absent further agreement between the Developer and the City. Notwithstanding the foregoing: (i) If the bids received for the sanitary sewer systems project would result in the City's cost to oversize the sanitary sewer line exceeds $1,065,000 the City Council may reject all bids in its sole discretion. (ii) Developer agrees that the shared responsibilities for improvements to the property of any type are limited to those included within the contract for construction of the oversized sanitary sewer project. Any other improvements or activities needed for development of the site are the obligation of the Developer. (d) If the sanitary sewer contract is not awarded by the City by December 2023, the zoning designation for the Site shall remain in place,however: i. Developer shall grant to the City a 75-foot wide easement along the approved alignment for the sanitary sewer extension at no cost to the City. ii. The City may withhold from Developer any and all permits, including but not limited to, improvement plans and Final Plat approval until the extension of a 12"sanitary sewer has been approved by the City. (e) Developer understands that the City Council may accept an alternative proposed by Developer to perform offsetting improvements or payments, rather than contribute to the sanitary sewer extension project. Any alternative proposed by the Developer shall be subject to approval by the City Council in its sole discretion. III. NON-INCLUSION OF OTHER OBLIGATIONS The Parties acknowledge and agree that this Agreement is being executed to fulfill a specific requirement of §29.1507(5) of the Ames Municipal Code. it is also understood that this Agreement supplements but does not replace or supersede any agreements made with the City or third parties. The Parties further acknowledge that all site development standards continue to apply to the Site. The Parties understand that the Master Plan adopts a general conceptual plan for development, without review or approval of specific subdivision plats or site plans for development of the Site. The Parties therefore acknowledge that the Master Plan adoption does not anticipate or incorporate all the additional approvals or requirements that may be required to properly and completely develop the Site and does not relieve the developer of compliance with other provisions of the Ames Municipal Code, the Iowa Code, SUDAS,or other federal,state or local laws or regulations. IV. GENERAL PROVISIONS A. Modification. The parties agree that this Agreement may be modified, amended, or supplemented only by written agreement of the parties. In addition, any modifications or changes to the Master Plan shall be undertaken in accordance with the process provided for in Ames Municipal Code§29.1507(5). B. 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. C. Prior A"r ements Binding. The terms of all prior Agreements affecting this Property in which the City is a party, including any pre-annexation agreements, are hereby reaffirmed in their entirety. i D. 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 Developer 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 This 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. 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. ( S i g n a t u r e s o n f o 1 I o w i n g p a g e ) Dated this clay of July 2022. HUNZIKER DEVELOPMENT GROUP,LLC .Tustin Dodge, anager STATE OF IOWA,COUNTY OF STORY,SS.:_ This instrument was acknowledged before me one 2022,by Justin Dodge,as Manager of Hunziker Development Group,LLC. NOTARY PUBLIC MARCIAKRAUSE w jJ103020 Passed and approved on . 2022, by Resolution No. 22- adopted by the City Council of the City of Ames,Iowa, CITY OF AMES,IOWA By: John A.Ilaila,Mayor Attest: Renee Hall,City Clerk STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on 2022, by John A. Haila and Renee Hall,as Mayor and City Clerk, respectively,of the City of Ames,Iowa, NOTARY PUBLIC q R i ................ oz ih m lid Y _ $q � 'd � � I1IIPi k bllTra JLI o i a roil a* 'ill - 4 (� I MKI it m 4" i t a l n c I M EXHIBiT­ H t� S G 01 s acu ldmw „tw tl i n { g ""�., ""'®w.r *,s in .� w.re aenevw-merea-n.w s mw rNne:e