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HomeMy WebLinkAbout~Master - Amended Contract Rezoning Agreement for 415 Stanton Avenue RESOLUTION NO. 19-538 RESOLUTION APPROVING AMENDED CONTRACT REZONING AGREEMENT FOR 415 STANTON AVENUE FOR THE CITY OF AMES, IOWA WHEREAS, in January 2018, City Council approved a contract rezoning for 415 Stanton Avenue that had four conditions that were agreed upon to facilitate the rezoning of the site to High Density Residential after a number of meetings with neighborhood representatives and City staff, and, WHEREAS, three of the four conditions were related to design and reuse of the existing building and all three of those conditions have been met and the fourth condition restricted the age of residents to at least one occupant of each unit being at least 55 years of age; this limitation was intended at that time to exceed federal housing standards for Housing for Older Persons Act(HOPA) that allow for certain housing projects to be "senior" only housing; and, WHEREAS, since approval of the rezoning and site development permit for the project,the developer had created a condominium regime for individual ownership; the majority owner, Crawford Ames, LLC; (also the developer,) submitted the application for rezoning; and, WHEREAS, the original zoning contract states that all successors and assigns of Crawford Ames, LLC, must sign off on any changes, meaning all property owners will need to sign the new zoning contract to allow for the requested change to the age restriction; and, WHEREAS, the rezoning request is to amend the resident age limitation to reduce the number of age-restricted units from 100 percent to 80 percent of the units; and, WHEREAS,the proposed change would meet the minimum criteria for categorizing a project as Housing for Older Persons, as the minimum percentage requirement under HOPA is 80% of occupied dwelling units; and, WHEREAS,the developer's statement says that only six ofthe 30 units in the building would be without the age restriction, and the developer would like this change to expand their marketing ability for the sale of the units; and, WHEREAS, the developer indicated that they have met with some of the residents of the surrounding neighborhood to discuss the proposal and staff has not received any comments regarding the proposal; and, WHEREAS, at its public hearing on August 7,2019,the Planning and Zoning Commission voted(5-0)to recommend that the City Council approve the request to amend the Contract Rezoning Agreement to specify the use is limited to Senior Living with one occupant per dwelling as 55 or older in a minimum of 80 percent of the units, which in compliance with the federal Housing and Urban Development(HUD) standards for Housing for Older Persons; and, WHEREAS,the Planning and Zoning Commission and a member of the public questioned how the age restriction would be monitored and verified,and the applicant/property owner clarified that every 24 months there is a survey that the Association is required to complete to verify the 80 percent over/20 percent under the age of 55 years of age requirement; and, WHEREAS,the Commission also questioned how sales would occur if the number of age- restricted units is already filled and the applicant/property owner explained that the Association would have an interview process and have the discretion to approve buyers that would potentially be purchasing units in the 20 percent of units that are not age-restricted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the Amended Contract Rezoning Agreement is hereby approved contingent upon the Agreement containing signatures of all property owners. ADOPTED THIS 8' day of October, 2019. Diane .'Voss, City Clerk John A. Haila, Mayor Introduced by: Betcher Seconded by: Martin Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Martin,Nelson Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 8'day of October, 2019.