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.
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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
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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.
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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.
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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.
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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
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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
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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.
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Attachment A- Location & Current Zoning
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Attachment B- Proposed Zoning Designation
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10
Attachment C- Proposed Master Plan
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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)
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Neighborhood Core
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MixedUse(NCMU} �� �,� �i
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Communit commerciallRetaiE(Cam-CR)
lk General Commercial(GC)
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Core(Core)
Redirection(Redir)
Urban Corridor
Employment(Emp)
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Parlo'Recreation .
Open Space
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Civic-University r 4
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14
�Near Campus Overlay
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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!.
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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
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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.
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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
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