HomeMy WebLinkAbout~Master - Contract Rezoning Agreement for 3709, 3803, 3807, 3811, 3815, 3819, 3905, 3911, and 3917 Tripp Street DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Diane Voss,City Clerk's Office,515 Clark Avenue,Ames,IA 50010
Return to:Ames City Clerk,P.O.Box 811,Ames,IA 50010 Phone:515-239-5105
RESOLUTION NO.21-597
RESOLUTION APPROVING CONTRACT REZONING AGREEMENT FOR
3709,3803,3807,3811,3815,3819,3905,3911,AND 3917 TRIP P STREET
FOR THE CITY OF AMES,IOWA
WHEREAS,the property at 3709 Tripp Street and the properties at 3803,3807,3811,3815,3819,3905,
3911, and 3917 Tripp Street are developed with multi-family structures; and,
WHEREAS,the owner has requested the Planned Unit Development(PUD)zoning overlay designation
to allow use of the 61-unit Independent Senior Living Facility as an apartment dwelling in the Floating Suburban
Residential Medium-Density(FS-RM)zone at 3709 Tripp Street; and,
WHEREAS, the FS-RM zone limits the number of units in an apartment dwelling to no more than 12
units, unless it is for Senior living, and approval of the PUD Overlay would replace the Senior Housing
requirements and support providing for affordable housing within a larger building with reduced parking than
would typically be permitted; and,
WHEREAS,the PUD Overlay allows for a full range of uses as defined within the base-zone of FS-RM,
but also allows for design flexibility to meet specific purposes regarding residential development goals as defined
within the Overlay standards; and,
WHEREAS,the applicant proposes to allow for the 61-unit building to be used for any age group based
upon a proposal to provide for affordable housing at income levels that do no exceed 60% of the household
average median income; and,
WHEREAS,the affordability requirement would be based upon conformance to Low-Income Housing
Tax Credit(LIHTC)requirements as the applicant desires to secure tax credits to refurbish the apartments;and,
WHEREAS,the proposed rezoning from FS-RM to FS-RM PUD includes two lots(Lots 1 &2, South
Fork Subdivision,First Addition)with a combined total of 8.27 acres; and,
WHEREAS, Lot 1 is addressed as 3709 Tripp Street and includes 3.665 acres, Lot 2 is addressed as
3803, 3807, 3811, 3815, 3819, 3905, 3911, and 3917 Tripp Street and includes 4.62 acres; and,
WHEREAS, Lots 1 and 2 are developed with multiple-family structures and Lot 1, South Fork
Subdivision, First Addition, includes a three-story 61-unit structure, which was approved as an Independent
Senior Living Facility known as Brighton Park, through the granting of a Special Use Permit (SUP) by the
Zoning Board of Adjustment(ZBA) on March 6, 2002; and,
WHEREAS, a second SUP was granted by the ZBA on September 24,2003,to allow the construction
of two carport structures over existing parking spaces; and,
WHEREAS, zoning requirements for Independent Senior Living Facilities are notably different from
apartment buildings in two aspects: 1) it is allowed to have building size compared to an apartment building
within the minimum and maximum density limits of the zoning district, and 2) it is allowed to have reduced
parking of one space per unit compared to one space per bedroom for apartments; and,
WHEREAS,Lot 2,South Fork Subdivision,First Addition,includes seven separate three-story 12-unit
apartment buildings and a community building known as Windsor Pointe,and a Major Site Development Plan
was approved by the City Council for this development on April 23,2002; and,
WHEREAS,the applicant for the PUD Overlay,Windsor TWG LP,purchased Lots 1 and 2 in October
2020, and Windsor TWG LP was aware at the time of purchase that use of the 61-unit building at 3709 Tripp
Street was limited to Independent Senior Living; and,
WHEREAS, the applicant claims that this building has been used as rental units by the general
population,not exclusively by seniors, for the last 15 years; and,
WHEREAS,the prior owner indicated to a TWG representative that they intended to operate a senior
facility,but switched to general population very early in its operation through their LIHTC Agreements with the
state; the City was not a party to any of the original LIHTC approvals related to the site; and,
WHEREAS,the rezoning proposed addresses the prior use ofthe site,but more importantly,would allow
for continued use of the site without senior housing due to the applicant's proposal to commit to over 30 years
of affordable housing; and,
WHEREAS, the property owner proposes to reserve for a period of 30 years all 145 apartments for
individuals or families whose income is 60%or less of the Area Median Income(AMI),and this includes 29 one-
bedroom, 80 two-bedroom, and 36 three-bedroom units; and,
WHEREAS, a Contract Rezoning Agreement would obligate the property owner to provide for
affordable housing for 30 years in recognition of approval of the PUD Overlay,to provide annual documentation
to the City to verify consistency with LIHTC standards for low-income households, and the City agrees that it
will approve a reduction in the required parking by 35 parking spaces.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the
Contract Zoning Agreement for 3709, 3803, 3807, 3811, 3815, 3819, 3905, 3911, and 3917 Tripp Street is
hereby approved.
ADOPTED THIS 2nd day of December, 2021.
Diane R. Voss, City Clerk John A. Haila,Mayor
Introduced by: Beatty-Hansen
Seconded by: Corrieri
Voting aye: Beatty-Hansen,Betcher, Corrieri, Gartin,Junck,Martin
Voting nay: None Absent: None
Resolution declared adopted and signed by the Mayor this 2nd day of December, 2021.