HomeMy WebLinkAboutA029 - Council Action Form dated December 14, 2021 ITEM # 36
DATE:12-14-21
COUNCIL ACTION FORM
SUBJECT: RESTRICTIVE COVENANTS AND REGULATIONS FOR BAKER
SUBDIVISION SINGLE FAMILY HOMES (321 STATE AVENUE)
BACKGROUND:
The City owns a 10.86-acre site located at 321 State Avenue known as the Baker
Subdivision. This property is being developed to support the affordable housing goals of
the City as a mixed income development with a minimum of 51% of the homes affordable
to low- and moderate-income households.
The final plat for the subdivision (Attachment A) includes the development of 27 lots and
was adopted at the May 26, 2020, City Council meeting. Of the 27 lots, 26 are for the
construction of single-family homes. At the August 25, 2020, City Council meeting, the
City Council awarded a contract for the installation of the public improvements to Con-
Struct of Ames. Project improvements began in late September 2020 and to date
approximately 90% percent of the project has completed (including the geothermal wells).
The next step before lots and construction of homes should begin is the adoption of
Restrictive Covenants and Regulations for the 26 single-family lots (Attachment B). In
working with the Legal staff, the proposed covenants address both the initial construction
of homes on the affordable and market rate single-family lots and ongoing requirements.
Many of the terms are based upon common language seen within market rate subdivision
covenants across Ames.
Approval of the covenants will allow for staff to proceed with construction of housing and
the sale of lots. Some highlights of the covenants are:
1 . The following lots are designated as Affordable Housing: Lots 1 through 8, 10-13,
15, 24, and 25.
2. The following lots are designated as Market Rate Housing: Lots 9,14, 16 through
24 and 26.
3. All lots are residential, and shall not be improved, used, or occupied for other than
single-family residential purposes, this includes a prohibition against rental of
homes.
4. Timeframe of 19 months to start and complete the construction of homes upon
deed conveyance.
5. Affordable housing developer minimum experience of constructing 3 homes within
the past 7 years.
6. Market rate housing developer minimum experience of constructing 3 homes
within 3 years of the past 5 years.
7. Minimum size for affordable housing homes for a one-story is 1 ,100 sq. ft. and 1-
1/2 story, two story and split/bi-level is 1 ,150 sq. ft.
8. Minimum size for market rate housing homes for a one-story is 1,200 sq. ft. and 1-
1/2 story, two story and split/bi-level is 1,250 sq. ft.
9. All homes are required to have at least one garage parking space and a basement.
Lot 27, which is planned for future Low Income Housing Tax Credit (LIHTC) multi-family
buildings, is not subject to these covenants.
ALTERNATIVES:
1 . Approve the attached restrictive covenants and regulations for single-family
homes in the Baker Subdivision (321 State Avenue).
2. Approve modified restrictive covenants and regulations for single-family homes in
the Baker Subdivision (321 State Avenue).
3. Do not approve the proposed restrictive covenants and regulations and refer
back to staff for additional information.
CITY MANAGER'S RECOMMENDED ACTION:
Adoption of Restrictive Covenants and Regulations for the Baker Subdivision (321 State
Avenue) is the final step before the sale of lots and construction of homes should begin.
Once covenants are adopted, staff can continue to proceed with soliciting and qualifying
potential first time homebuyer applicants, finalize the required housing counseling
services, finalize a partner lender(s), and solicit partnership with a modular housing
company(ies) to be in position to construct housing structures by spring/summer 2022.
Market Rate lot sales can also begin next year and must be coordinated with the timing
of affordable housing construction to maintain consistency with CDBG requirements for
housing production.
Therefore, it is the recommendation of the City Manager that the City Council approve
Alternative #1, as described above.
Attachment A-Baker Subdivision Final Plat
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Attachment B-Restrictive Covenants
[ RECORDER ' S COVER PAGE TO BE INSERTED HERE ]
RESTRICTIVE COVENANTS AND REGULATIONS FOR SINGLE FAMILY HOMES
IN BAKER SUBDIVISION,AMES, STORY COUNTY,IOWA
WHEREAS,the undersigned,the City of Ames,an Iowa municipal corporation(the herein
after the "City"), is the owner of Lots One (1) through Twenty-seven (27), contained in Baker
Subdivision (the "Subdivision"); and
WHEREAS,Lots One(1)through Twenty-six(26)(hereinafter"Lots")will be developed
as Single Family Homes and governed by these restrictive covenants and regulations; and
WHEREAS, Lots One (1) through Eight, Ten (10) through Thirteen (13), Fifteen (15),
Twenty-four (24) and Twenty-five (25) shall be designated Affordable Housing Lots (hereinafter
"AR Lots"), and Lots Nine(9),Fourteen(14), Sixteen(16)through(23)and Twenty-six(26) shall
be designated Market Rate Lots (hereinafter"MR Lots").
WHEREAS,for their own protection and for the benefit of subsequent owners of said Lots
within said Subdivision,the said owner desires to restrict the use thereof in certain particulars.
NOW, THEREFORE, the parties hereto, in consideration of the covenants and
agreements contained herein, by these presents, covenant, bargain and agree for themselves for
their successors and assigns, as follows:
1. The covenants contained herein shall not apply to Lot 27, unless otherwise stated.
2. All Lots shall be known and described as residential lots and shall not be improved,
used, or occupied for other than private single-family residential purposes. All Lots
shall be occupied and used as the primary residence of the then-current title holders.
No Lots shall be used and occupied as property for which rental income is received.
3. The residences to be constructed or to be permitted to remain on the MR Lots shall
meet the following requirements:
a. One(1) story residences shall have a ground floor finished area of not less than
one thousand two hundred (1,200) square feet.
b. One and one-half(1'/2)story residences,two(2)story residences,and split-level
residences shall have a total finished area on the ground floor and second floor
or split-level of not less than one thousand two hundred fifty (1,250) square
feet.
c. The computation of the total finished area shall not include porches,
breezeways, or garages.
d. All residences shall include basements with at least one (1) egress window.
4. The residences to be constructed or to be permitted to remain on the AR Lots shall meet
the following requirements:
a. One (1) story residences shall have a minimum ground floor finished area of
not less than one thousand one hundred (1,100) square feet.
b. One and one-half(1'/2) story residences, two (2) story residences, and split/bi-
level residences shall have a minimum total finished area on the ground floor
and second floor or split-level of not less than one thousand one hundred fifty
(1,150) square feet.
5. No Lot shall be subdivided for the purpose of constructing more than one (1)residence
per Lot.
6. All Lots may have fences in the rear yard only. Chain link fences shall be permitted,
except no chain link fences with galvanized finish shall be allowed on any Lot.
7. The following restrictions shall also constitute covenants:
a. There shall be no mobile homes laced or erected on an Lot.
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b. No pre-erected dwelling shall be moved to any Lot, except modular housing
approved by the City of Ames Planning& Housing Department.
c. All dwellings must have, at a minimum, a single car attached garage, a double
car attached garage, or a double car detached garage.
d. No more than twelve (12") inches of concrete block, poured concrete, or wood
foundation shall be exposed on any building unless the exposed material is
covered with brick, stone veneer, or siding. Exposed foundations must be
painted to blend with exterior wall finishes.
e. All building structures or improvements of any kind must be completed within
twelve (12) months of the commencement date of the construction.
Commencement of construction upon any Lot shall occur no later than six (6)
months of the date on the deed from the City. IF CONSTRUCTION HAS
NOT BEGUN ON AN MR LOT WITHIN SIX (6) MONTHS OF THE
DATE ON THE DEED FROM THE CITY, THEN THE OWNER OF
RECORD, AT THE CITY'S REQUEST, AGREES TO CONVEY THE
PROPERTY BACK TO THE CITY IN FEE SIMPLE FOR ONE
HUNDRED PERCENT (100%) OF THE ORIGINAL PURCHASE
PRICE WITH NO ADJUSTMENT FOR TAXES, CLOSING COSTS OR
INTEREST AT THE TIME THE DEED IS CONVEYED TO THE CITY.
THE CITY WILL PAY ONLY FOR DEED PREPARATION,
RECORDING FEES,AND TRANSFER TAXES. ON ISSUANCE OF AN
OCCUPANCY PERMIT FOR A RESIDENCE, THIS RIGHT TO
REPURCHASE SHALL TERMINATE AS TO THAT LOT.
f. All homes must be built by an experienced homebuilder. An experienced
homebuilder shall be defined as a person,or entity who has built and completed
at least three(3)new homes per year within three(3)of the past seven(7)years.
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Notwithstanding the forgoing, a nonprofit entity organized under Iowa law or
possessing a valid certificate of authority to transact business in Iowa under
Iowa Code 490.105 shall constitute an experienced homebuilder if they have
started and completed three (3)homes in the past seven (7) years.
g. All finished Lots and house grades shall conform to the City's grading plan
which shall be obtained from the City prior to the commencement of
construction. All excess dirt from the excavation shall be used as a part of the
final landscape plan. Any excess dirt, concrete, or other debris may not be
placed on other land within the Subdivision. Topsoil shall not be removed
from any of the Lots or the Site generally and shall be reused to respread
around the house and lot once the home is completed.
h. All homes must utilize and connect to the Y
geothermal system installed within
g
the reserved public utility easements located in the rear yards of each Lot.
i. Prior to construction upon any Lot, the builder must submit to the Electric
Department an HVAC sizing calculation for review and approval, which shall
not be granted if the tonnage exceeds 3.25 tons.
j. All mailboxes shall be placed in accordance with United States Postal Service
regulations. Individual mailboxes will not be permitted. Cluster mailboxes will
be provided by the United States Postal Service.
k. No building, structure of a temporary character, trailer, tent, garage, or
outbuilding shall be used at any time as a residential dwelling on any Lot.
1. No tent,trailer, recreational vehicle, camper, boat,truck rated larger than three
quarters (3/4) of a ton, or other movable or temporary structure, shall be
maintained or parked on a Lot or street within public view for a period
exceeding forty-eight (48) consecutive hours or for more than thirty (30) total
days in any calendar year.
m. No rubbish containers shall be visible from the street except on pickup day and
one (1) day before and one (1) day after pickup day. Construction waste
containers shall be exempt from this provision; however, the builder or Lot
owner shall be responsible for keeping the construction debris contained on the
Lot and in the construction waste containers.
n. No extension towers or antennas of any kind shall be constructed, modified, or
permitted on any Lot, except television or radio antennas of less than ten (10')
feet in height. Satellite dishes or parabolic devices more than thirty-six (36")
inches in diameter used to receive television or other signals from satellites shall
not be permitted. The satellite dishes or parabolic devices shall be mounted on
the rear elevation or the rear half of the side elevation only. In no event shall a
satellite dish or parabolic device be mounted on the front elevation or the front
half of a side elevation.
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o. No noxious or offensive activities or odors shall be permitted on or to escape
from any Lot, nor shall anything be done on any Lot which is or may become
an annoyance or nuisance, either temporarily or permanently.
p. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on
any Lot, except that dogs, cats, and other common household pets may be kept
so long as they are not kept,bred,or maintained for commercial purposes.Dogs
must be tied, controlled, or contained within the Lot by an underground,
invisible fence, or on a leash at all times.
q. Following construction of the residential dwelling on any Lot, the front, side,
and rear yards shall be sodded. The requirement for sod shall be waived where
a permanent underground irrigation system is installed on the Lot. In addition
to sodding, the builder or Lot owner shall install a minimum of ten (10): (i) 3-
gallon shrubs, (ii) 1-gallon perennials, or(iii) a combination of 3-gallon shrubs
and 1-gallon perennials, with either mulch or rock ground cover. The shrubs
and/or perennials shall be in the front yard of a Lot.Foundational plantings shall
be required to screen the base of the primary and secondary facade of any new
building. In addition, ground-mounted mechanical units shall be screened from
public view with plantings.
r. Where the City of Ames, Iowa, requires the construction of public sidewalks,
the sidewalks shall be constructed within twelve(12)months following the sale
of any Lot from the City or at the time of occupancy of any dwelling on a Lot,
whichever occurs first. The City shall withhold the issuance of an Occupancy
Permit for a dwelling until such time as a public sidewalk has been constructed.
s. All retaining walls shall be constructed of stone or masonry product. No wood
landscaping timbers shall be used to construct retaining walls, except that
window well retaining walls that are not visible above grade may be constructed
using wood landscaping timbers.
t. Roof materials should be slate, tile, cedar shakes, or composite shingles.
Composite shingles shall be architectural grade, minimum thirty (30) year
warranty. Shingle colors shall be compatible with and complimentary to the
exterior materials and colors. White or white blend roof materials are not
acceptable.
u. All outdoor light fixtures shall be designed, installed,and maintained to prevent
light trespass beyond the boundaries of the Lot. "Full cutoff' outdoor light
fixtures which emit no light at or above the horizonal plane of the fixture shall
be utilized for all dusk to dawn light fixtures exceeding three hundred (300)
lumens and for all manually switched or occupancy sensor switched fixtures
exceeding one thousand (1,000) lumens. Christmas lighting or other temporary
outdoor lighting shall be exempt from this provision but shall remain in place
no longer than six (6)weeks annually.
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v. Each Lot owner shall keep the Lot free of weeds and debris and shall take all
necessary steps to control erosion from the lot. All Lot owners shall implement
appropriate erosion control measures before, during, and after construction.
These measures may include silt fences, ground cover, and seeding over
exposed areas.
w. Any construction or earth moving on any Lot shall follow all laws relating to
storm water discharge permitting. The owner of any Lot shall be the solely
responsible permittee for the lot with respect to compliance with all terms,
provisions,and requirements of any NPDES Storm Water Discharge Permit No.
2 and any storm water pollution prevention plan which includes the Lot.During
the ownership of the Lot, the Lot owner shall protect, defend, indemnify, and
hold the City and the other Lot owners harmless from any and all damages,
claims, liabilities, fines, penalties, cleanup costs, and/or attorneys and
consultant fees caused by, or in any manner related to: (1) any discharges of
soil, silt, sediment, petroleum product, hazardous substances, or solid waste
from the Lot; and/or (2) any alleged violation of any NPDES or storm water
discharge rule or regulation.
x. No driveway shall be permitted to terminate onto State Avenue, Tripp Street or
the North Alley. Driveway access shall be permitted only on Wilmoth Avenue
or Latimer Lane.
8. All these restrictions shall be deemed to be covenants running with the land and shall
endure and be binding upon all parties hereto,their 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.
9. In case of violation of any of the covenants, any person then owning a Lot in said
Subdivision is authorized to resort to an action of law or equity for relief, either by
injunction or in damages, against the person so violating said covenants.
10. Invalidation of any of these covenants by judgment or court order shall in no way affect
the validity of any of the other provisions,but they shall remain in full force and effect.
11.None of the provisions herein shall be construed to waive any requirement of the Ames
Municipal Code or otherwise exempt a Lot or Lot Owner from provisions of the Ames
Municipal Code.
12. This instrument may be amended upon the recording of a written instrument executed
and approved by the City of Ames until such time as the City no longer owns a Lot
within this subdivision. After the City no longer owns a Lot within this subdivision,
this instrument may be amended upon the recording of a written instrument executed
by the owners of at least two-thirds (i.e., no fewer than 18 consenting owners) of the
Lots. Any amendment to this instrument must be filed for record in the office of the
Recorder of Story County, Iowa.
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13. The provisions of this instrument and any amendments hereto may be extended for an
additional period by filing a verified claim in the office of the Recorder of Story
County, Iowa, within the initial twenty-one (21) year period. The City shall have the
right to file a verified claim to extend these covenants.
[ RESERVED FOR SIGNATURE BLANKS ]
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