HomeMy WebLinkAboutA001 - Council Action Form dated November 12, 2024ITEM #:14
DATE:11-12-24
DEPT:P&H
SUBJECT:INTEGRATED SITE PLAN SUBDIVISION FOR 1726 COLLABORATION
PLACE, IOWA STATE UNIVERSITY RESEARCH PAK, PHASE III,
SEVENTH ADDITION, INTEGRATED SITE PLAN SUBDIVISION MAJOR
FINAL PLAT
COUNCIL ACTION FORM
BACKGROUND:
Hunziker Construction Services, Inc. is requesting approval of a final plat for Iowa State University
Research Park Phase III, Seventh Addition. The plat divides the 4.2-acre site at 1726 Collaboration
Place into two lots (see Attachment A - Location and Zoning Map and Attachment B – Proposed Final
Plat).
The plat is part of a request for an Integrated Site Plan subdivision, which includes a Preliminary Plat
and Major Site Development Plan previously approved by City Council on October 22. This process
allows for the division of the property with zoning compliance based on the site as a whole. The
proposal will use the zoning flexibility of an Integrated Site Plan to distribute parking across both lots,
eliminating setbacks for parking areas from interior property lines, while placing two mixed-use
buildings on separate lots.
Lot 1 (2.26 acres) will include one mixed-use building, four garage buildings for residential tenants, and
a tenant amenity area including a picnic shelter and basketball and pickleball courts. Lot 2 (1.94 acres)
will also contain one mixed-use building and four garage buildings. A shared parking area behind the
principal structures will connect the lots.
The applicant proposes to phase the development with the mixed-use building and improvements
on Lot 1 being the first phase, as allowed by the Integrated Site Plan process through approval of
a Development Agreement by City Council (see Attachment C). The Development Agreement
ensures improvements necessary for site function are made even if future phases are not constructed.
The Development Agreement specifies that in addition to the buildings and improvements on Lot 1,
certain improvements on both lots are made, including:
The public sidewalk
The off-site stormwater management area
Shared utilities and fire hydrants
A temporary turnaround for emergency vehicles at the terminus of the drives on Lot 1
Sufficient parking spaces to meet the number required for the uses on Lot 1
The first phase shall be completed within two years of approval. A temporary rock fire truck turnaround
is allowed in conjunction with Phase 1 that is required to replaced with a paved driveway at the end of
construction of Phase 1 if Phase 2 has not started construction.
A trail connection on Lot 1 is shown as part of the second phase. Staff noted at the time of the Major
Site Development Plan approval that the connection may not be required to be constructed as it
connects to a trail on an adjacent property that may be relocated. If the location of the adjacent trail
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changes, the connection may no longer be required. This is noted on the phasing exhibit attached to the
Development Agreement; any change to the trail would be minor amendment of the original approved
Major Site Development Plan.
Per the requirements of the Subdivision Code for an Integrated Site Plan, the lots will operate
collectively for site improvement and maintenance purposes. This is memorialized through the
Development Agreement and creation of an association with covenants and bylaws regarding the
maintenance and shared nature of common areas. Notes have also been placed on the plat that
acknowledge shared use and maintenance of parking, pedestrian ways, circulation, and other common
areas, as required of an Integrated Site Plan Subdivision.
No financial security is included with this Final Plat given the availability of infrastructure sufficient to
serve the lot. All necessary infrastructure is currently installed except for a sidewalk along
Collaboration as this property is currently a platted lot. Proposed extensions of City water and sewer
mains are only necessary internal to the site as the site will be divided into two lots and each building
will be served separately by its own utilities.
ALTERNATIVES:
1. Based upon the findings that the Final Plat conforms to relevant and applicable design standards,
ordinances, policies, and plans, the City Council can approve the Final Plat for Iowa State
University Research Park Phase III, Seventh Addition, and the Development Agreement.
2. Deny the Final Plat for Iowa State University Research Park Phase III, Seventh Addition, by
finding that the development creates a burden on existing public improvements or creates a need
for new public improvements that have not yet been installed.
3. Refer this request back to staff or the applicant for additional information.
CITY MANAGER'S RECOMMENDED ACTION:
The proposed Final Plat for Iowa State University Research Park Phase III, Seventh Addition is
consistent with the Preliminary Plat approved by the City Council and the plat conforms to the
adopted ordinances and policies of the City as required by Code. Development of the site must be
consistent with the approved Integrated Site Development Plan and Development Agreement for
phasing. Therefore, it is the recommendation of the City Manager that the City Council accept
Alternative #1, as described above.
ATTACHMENT(S):
Attachment A - Zoning and Location Map.pdf
Attachment B - Final Plat.pdf
Attachment C - Development Agreement.pdf
Attachment D - Applicable Laws.pdf
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ATTACHMENT A
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INSTRUMENT PREPARED BY: Brian D. Torresi, 120 S 16th St., Ames, IA 50010 (515) 288-2500
RETURN TO: City of Ames, Iowa, Attn: City Clerk, 515 Clark Ave., Ames, IA 50010
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this “Agreement”), is made and entered into as
of the Effective Date (as that term is defined herein) by and between the City of Ames, Iowa (the
“City”) and Hunziker Construction Services, Inc. (collectively, with the successors and assigns
thereof, the “Developer”). City and Developer are hereinafter collectively referred to as the “Parties”
or individually as a “Party”. This Agreement shall be effective as of the date the last of the Parties
hereto executes same (the “Effective Date”).
RECITALS
WHEREAS, the Parties desire the improvement and development of the real properties in
Story County, Iowa as legally described on the attached Exhibit A (collectively, the “Site”);
WHEREAS, Developer intends to develop the Site in phases, pursuant to an approved
Integrated Site Plan (the “Plan”) approved on ____________, 2024 by Resolution No. 24-______ (a
true and accurate copy of the Plan is located at the office of the City Clerk of the City and is
incorporated herein by reference as if fully set forth); and
WHEREAS, pursuant to Section 23.705 of the Ames Municipal Code (the “Code”), this
Agreement is required with respect to the use and development of the Site, subject to the Plan, as the
result of the proposed development of the Site in phases.
NOW, THEREFORE, in consideration of the Recitals and of the mutual covenants contained
herein, and reliance on the same, the receipt and sufficiency of which is hereby acknowledged, the
Parties do hereby agree as follows:
I
INTENT AND PURPOSE
1. It is the intent of this Agreement to:
a. recognize that, as of the date hereof, Developer is the fee simple owner of the Site;
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b. complete the City of Ames requirements for Integrated Site Plan Subdivisions as set
forth in Section 23.700 through 23.707 of the Code;
c. acknowledge that the City and Developer desire the development of the Site, in phases
and in accordance with the Plan; and
d. provide remedies to the City in the event Developer fails to fulfill its obligations under
this Agreement.
II
PHASED DEVELOPMENT
1. The Developer shall develop the Site in phases (each, a “Phase”) in accordance with the
Plan, this Agreement, and Section 23.705 of the Code, and specifically provides and agrees as follows:
a. any and all development on the Site shall be in accordance with and pursuant to the
Plan;
b. the improvements on the Site shall be phased such that the improvements required on
Lot One (1) (“Lot-1”) (of Iowa State University Research Park Phase III, Seventh Addition,
Ames, Story County, Iowa (the “Subdivision”) shall be completed as part of the initial Phase
(the “Initial Phase”), the improvements required on Lot Two (2) (“Lot-2”) of the Subdivision
shall be completed as part of a subsequent Phase (the “Subsequent Phase”), activities related
to the commencement of the Subsequent Phase may be performed prior to the completion of
the Initial Phase, but the Subsequent Phase and any other Phase shall not be completed until
after the completion of the Initial Phase;
c. the Developer shall, as part of the Initial Phase, provide sufficient parking,
landscaping, and other improvements to the Site, including, but not limited to, the construction
and/or placement of a gravel emergency turnaround, all required public sidewalks, stormwater
management facilities, hydrants, and any trees required to be planted as part of the Initial
Phase, all as set forth in the Plan and as further set forth and identified on the attached Exhibit
B, with respect to the complete development of the Site and any proposed Phase of
development thereof;
d. prior to occupancy of any building on Lot-1, all site improvements for said Lot-1, and
other associated parking, paving, and landscaping improvements located within the
Subdivision, as depicted on the attached Exhibit B, must be completed;
e. subject to the completion timing restriction noted in Sec. II(1)(b) hereof, construction
and improvements on Lot-2 and/or a subsequent addition of the Subdivision may occur in any
order subject to approval by the Planning Director of the City of improvements necessary to
serve any Subsequent Phase(s), including but not limited to, the construction and pavement
of all drives and drive aisles necessary to replace the temporary gravel emergency turnaround
area established on Lot-2 as part of the Initial Phase (collectively, the “Drive Improvements”),
parking, paving, storm water, trails, parking lot trees, and other landscaping; and
f. the requirements set forth herein with respect to the Initial Phase shall be constructed,
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and the Plan shall be completed, within two (2) years from and after the Effective Date (the
“Phase Trigger Date”), and, notwithstanding anything herein to the contrary, in the event the
construction of the Subsequent Phase does not commence on or before the Phase Trigger Date,
the Developer shall nonetheless commence construction of the Drive Improvements.
2. All ordinances, regulations, and policies of the City now existing, or as may hereafter be
enacted, shall apply to activity on the Site.
3. Notwithstanding anything in this Agreement to the contrary, u pon the completion of
improvements on any lot within the Subdivision in accordance with the terms hereof and/or the Plan,
the terms of this Agreement shall terminate with respect to said lot.
III
MODIFICATION OF AGREEMENT
The Parties agree that this Agreement may be modified, amended or supplemented by
written agreement of the Parties. The Parties hereby understand, acknowledge, and agree, however,
that the Plan may be amended with respect to any individual lot within the Subdivision upon the
agreement of the then titleholder of said lot and the City, and no further consent is needed f rom the
then titleholders of other lots within the Subdivision or the Developer.
IV
COVENANTS RUN WITH THE LAND
This Agreement shall run with the Site and shall be binding upon Developer, its successors
and assigns.
V
INCORPORATION OF RECITALS AND EXHIBITS
The Recitals, together with any and all exhibits and/or other attachments hereto, are
confirmed by the Parties as true and correct and incorporated herein by reference as if fully set forth
verbatim. The Recitals, exhibits, and/or other attachments are a s ubstantive, contractual part of this
Agreement.
VI
MISCELLANEOUS
Time is of the essence in this Agreement. The failure to promptly assert any rights herein shall
not, however, be a waiver of such rights or a waiver of any existing or subsequent default. To facilitate
execution, this Agreement may be executed in as many counterparts as may be required. It shall not
be necessary that the signature on behalf of the Parties hereto appear on each counterpart. All
counterparts shall collectively constitute a single Agreement.
VII
INTEGRATED SITE PLAN MATTERS
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All use restrictions contained in this Agreement shall be covenants upon the Site running
with the Site for a period of twenty-one (21) years from and after the date of the recording of the
Plat, subject to extension pursuant to Iowa Code §§ 614.24 and 614.25.
Any and all circulation and parking areas and maintenance areas, as shown on the Plan and/or
on the final plat of the Subdivision, and any landscaping, pedestrian access areas, trails, stormwater
facilities, trash collection enclosures, and other similar improvements intended to be common
amenities for the Subdivision, shall be maintained by Collaboration Place Property Owners
Association, Inc., or the successors and assigns thereof (the “Association”), pursuant to Section
23.704(7) of the Code. Furthermore, pursuant to Section 23.704(8) of the Code, the Site shall be
developed and shall continually function as a single site with respect to, among other things, lot access,
interior circulation, common utilities, open space, landscaping and drainage, common facilities
maintenance, and parking.
VIII
GOVERNING LAW
The laws of the State of Iowa shall govern this Agreement. Any dispute relating to this
Agreement shall be adjudicated in the Iowa District Court for Story County.
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed as
of the Effective Date.
(SIGNATURE PAGE FOLLOWS)
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EXHIBIT A
SITE
Parcel “C” a part of Lot Six (6), Iowa State University Research Park Phase III, Seventh Addition,
Ames, Story County, Iowa, as shown on the Boundary Line Adjustment recorded on November 4,
2022, as Instrument No. 22-10580
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EXHIBIT B
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1.94 ACRES
84,383 SQ FT
LOT 1
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TRAIL CONNECTION TO BE
CONSTRUCTED WITH PHASE 2
IF REQUIRED BY STAFF.
LEGEND
PHASE 1
PHASE 2
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DESIGNED
DRAWN
CHECKED
CLIENT PROJ. NO.
DATEDESCRIPTION REV HUNZIKER DEVELOPMENT
COLLABORATION PLACE
TWA
TWA
GAB
24X. 135515.000
R
1519 BALTIMORE DRIVE
AMES, IA 50010
Phone: (515) 233-6100
Email: Ames@bolton-menk.com
www.bolton-menk.com
C9.01
PHASING PLAN
R
FEETSCALE
0 25 50
HORZ.
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Attachment D
Applicable Laws
The laws applicable to this Final Plat Subdivision include, but are not limited to, the following:
(verbatim language is shown in italics, other references are paraphrased):
Code of Iowa Chapter 354, Section 8 requires that the governing body shall determine whether the
subdivision conforms to its Land Use Policy Plan.
Ames Municipal Code Chapter 23, Subdivisions, Division I, outlines the general provisions for
subdivisions within the City limits and within two miles of the City limits of Ames.
Section 23.302(10): City Council Action on Final Plat for Major Subdivision:
(a) All proposed subdivision plats shall be submitted to the City Council for review and approval.
Upon receipt of any Final Plat forwarded to it for review and approval, the City Council shall
examine the Application Form, the Final Plat, any comments, recommendations or reports
examined or made by the Department of Planning and Housing, and such other information as it
deems necessary or reasonable to consider.
(b) Based upon such examination, the City Council shall ascertain whether the Final Plat
conforms to relevant and applicable design and improvement standards in these Regulations, to
other City ordinances and standards, to the City's Land Use Policy Plan and to the City's other
duly adopted plans.
(c) The City Council may:
(i) deny any subdivision where the reasonably anticipated impact of such subdivision will
create such a burden on existing public improvements or such a need for new public
improvements that the area of the City affected by such impact will be unable to conform
to level of service standards set forth in the Land Use Policy Plan or other capital project
or growth management plan of the City until such time that the City upgrades such public
improvements in accordance with schedules set forth in such plans; or,
(j) approve any subdivision subject to the condition that the Applicant contribute to so much
(k) of such upgrade of public improvements as the need for such upgrade is directly and
(l) proportionately attributable to such impact as determined at the sole discretion of the
City. The terms, conditions and amortization schedule for such contribution may be
incorporated within an Improvement Agreement as set forth in Section 23.304 of the
Regulations.
(d) Prior to granting approval of a major subdivision Final Plat, the City Council may permit the plat
to be divided into two or more sections and may impose such conditions upon approval of each
section as it deems necessary to assure orderly development of the subdivision.
Following such examination, and within 60 days of the Applicant's filing of the complete
Application for Final Plat Approval of a Major Subdivision with the Department of Planning and
Housing, the City Council shall approve, approve subject to conditions, or disapprove the
Application for Final Plat Approval of a Major Subdivision. The City Council shall set forth its
reasons for disapproving any Application or for conditioning its approval of any Application in
its official records and shall provide a written copy of such reasons to the developer. The City
Council shall pass a resolution accepting the Final Plat for any Application that it approves.
Section 23.704. REQUIREMENTS FOR INTEGRATED SITE PLAN SUBDIVISION.
(1.) An Integrated Site Plan Subdivision must include a descriptive title for the subdivision, and a
descriptive title for the associated Integrated Site Plan.
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(a) The subdivision title must be clearly shown on the face of the plat as:
“[Descriptive Title] Integrated Site Plan Subdivision”, and
(b) The site plan and associated documents must be clearly titled as:
“[Descriptive Title] Integrated Site Plan”.
(2.) The Integrated Site Plan Subdivision plat shall include all of the following declarations on the
plat:
(a) Circulation and Parking - Unless otherwise specified, all driveways, parking areas, roadways,
fire lanes, sidewalks, plazas, courtyards, and other vehicular or pedestrian ways or spaces
identified on the approved Integrated Site Plan associated with this Integrated Site Plan
Subdivision are for the common use of the owners, tenants, customers and related operational
interests associated with each lot contained within this subdivision.
(b) “Maintenance Area. Unless otherwise specified, a maintenance area is provided within 10
feet of any building or structure identified on the approved Integrated Site Plan associated
with this Integrated Site Plan Subdivision, even when said area extends onto other lots within
this subdivision, provided that disturbance of improvements or landscaping shall be
minimized and repaired/replaced if damaged.” “All development and use of the land
described herein shall be in accordance with this subdivision and the associated [Descriptive
Title] Integrated Site Plan, as they may be amended with the approval of the City of Ames,
and in accordance with such other governmental permits, approvals, regulations,
requirements, and restrictions that may be imposed upon such land and the development and
use thereof.”
(3.) Building and Structures. All buildings and structures contained in the Integrated Site Plan
Subdivision are subject to the following setback provisions:
(a) Setbacks along the outer perimeter of the subdivision plat shall conform to the setbacks of the
underlying zone.
(b) Setbacks are not required from interior property lines within the Integrated Site Plan
Subdivision. However, property lines may not bisect buildings unless a firewall is located
along said property line.
(c) Building Coverage and Floor Area Ratio (FAR). Shared maximum building coverage and
floor area ratio standards may be approved for the overall site.
(4.) Landscaping. The landscaping standards of the underlying zone apply to each lot within the
subdivision, except as follows:
(a) Minimum area landscaping calculations and landscaping percentages may be based on the
area of landscaping in the entire subdivision rather than the area of landscaping on individual
lots within the subdivision subject to conformance with phasing provisions in Section 23.705.
(b) Required parking lot perimeter landscaping along interior property lines may (subject to
conformance with phasing provisions in Section 23.705 be relocated to the other areas of the
subdivision, provided that:
(ii) the total amount of parking lot landscaping is not diminished from that which would be
required if each lot were platted and developed independently; and
(iii) Any required landscape medians and islands are provided in all parking areas.
(5.) Frontage Improvements. All Integrated Site Plan Subdivisions shall include street improvements
specified in Section 23.403.
(6.) All circulation and parking improvements defined on the face of the plat or on the associated
Integrated Site Plan, as well as exterior lighting fixtures, landscaping, signage, fixtures and other
improvements required by the provisions of the Integrated Site Plan, and/or which serve multiple
lots within the subdivision, are to be included in or owned by an association or legal entity in
which the owners of each lot or parcel in the divided property have a legal or beneficial interest.
(7.) Maintenance of Improvements. All improvements required to comply with the minimum
provisions of the Integrated Site Plan, including areas and features on individual lots that
collectively contribute to total compliance with minimum standards for parking, circulation,
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pedestrian access, landscaping, as well as any improvements that are for the collective use of all
property owners and/or tenants (such as signage, fixtures, dumpster enclosures, etc.), shall be
maintained by an owners association or other legal entity, in which each property owner has a
legal interest and obligation. Maintenance obligations shall be included in covenants and
restrictions that are administered by the association or legal entity, and which run with the land.
The City shall be furnished for review and approval the covenants and restrictions and the legal
instruments creating the association or legal entity as part of the Integrated Site Plan Subdivision
approval process.
(8.) The property owners must execute written agreements which are recorded against the affected
property, ensuring that all lots within the Integrated Site Plan Subdivision will continue to
function as one site for any number of purposes, including but not limited to: lot access; interior
circulation; common utilities; open space; landscaping and drainage; common facilities
maintenance; and coordinated parking. Such approved Integrated Site Plan Subdivision and
associated Integrated Site Plan is recorded in the county in which such land is located.
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