HomeMy WebLinkAboutA035 - Rezoning of property at 5119 Lincoln Way & 5001 Lincoln Way from Agricultural (A) to Suburban Residential Low Density (FS-RL) with Master PlanITEM #:29
DATE:03-25-25
DEPT:P&H
SUBJECT:REZONING AGREEMENT AND ADOPTION OF A MASTER PLAN FOR
5119 LINCOLN WAY & 5001 LINCOLN WAY
COUNCIL ACTION FORM
BACKGROUND:
On March 25, 2024, the City Council will consider third reading and adoption of an ordinance
rezoning Outlots YY and ZZ of Sunset Ridge Subdivision Twelfth Addition (5119 and 5001
Lincoln Way) from Agricultural (A) to Suburban Residential Low Density Zone (FS-RL) with a
Master Plan for the properties.
As part of a rezoning with a Master Plan, a Zoning Agreement is required (See Attached). The
Zoning Agreement requires the property owner to conform to the Master Plan.
The owner of the properties at 5119 and 5001 Lincoln Way has reviewed the proposed Zoning
Agreement and agreed to the terms which enumerate the Master Plan requirements. The Master Plan,
among other details, identifies driveway access points to the site. The exact location of the access points
will be determined at the time of consideration of the Special Use Permit by the Zoning Board of
Adjustment (ZBA). The ZBA will review the proposed site plan for the proposed church as part of the
request for a Special Use Permit.
The final configuration of the site improvements is subject to approval by the ZBA as part of the
Special Use Permit approval. Approval of the rezoning and the Master Plan is necessary for the
property owner to proceed with development of the site as the location for the proposed Lutheran
Church of Hope.
TRAFFIC STUDY:
Staff also noted that the traffic study would be finalized and address a single Lincoln Way
driveway scenario prior to third reading. Although the final design and phasing of driveway
construction will be part of the Special Use Permit, the Council was concerned about the Master Plan
representation of access points and if traffic on Durant would be unacceptable without initial
construction of two driveways.
The traffic study was completed with the additional analysis. The study considered a first P h a s e 1A
400-seat church development that is not as large as the Phase 1B 750-seat church initially analyzed in
the study. The study assumed approximately 190 trips during the peak hour of Sunday morning.
Approximately 90% were expected to use the Lincoln Way driveway and 10% were expected utilize
Durant. With these distribution assumptions, no impacts to Durant or Hartford were identified in
the study with the first Phase 1A.
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ALTERNATIVES:
1. Resolution approving the attached Zoning Agreement and adoption of the Master Plan for 5119
and 5001 Lincoln Way and approve the rezoning ordinance on third reading and adoption of
ORDINANCE NO. 4550
2. Decline to approve the Zoning Agreement and adoption of the Master Plan and defer third
reading of the Rezoning Ordinance.
CITY MANAGER'S RECOMMENDED ACTION:
The property owner has agreed to the terms of the Zoning Agreement (which includes the Master
Plan). The Agreement is required in conjunction with the third and final reading of the rezoning
on this agenda. Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as described above.
ATTACHMENT(S):
Rezoning Agreement (5119-5001 Lincoln Way).pdf
Rezoning Ordinance 5001 & 5119 Lincoln Way.docx
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REZONING AGREEMENT AND ADOPTION OF A MASTER PLAN FOR
5119 LINCOLN WAY & 5001 LINCOLN WAY
THIS AGREEMENT, made and entered into this _____ day of March 2025, by and
between the City of Ames, Iowa, (hereinafter “City”) and Lutheran Church of Hope, an Iowa
nonprofit corporation, its successors and assigns (hereinafter “Developer”), collectively referred
to as the “Parties,”
WITNESSETH THAT:
WHEREAS the Parties hereto desire the improvement and development of real property
(Parcel Nos. 09-06-400-315 and 09-06-400-375) in the City of Ames, locally known as 5119 and
5001 Lincoln Way (collectively hereinafter referred to as the “Site”) and legally described as:
Outlots YY and ZZ, Sunset Ridge Subdivision Twelfth Addition, Ames, Story County, Iowa,
[approximately 22.22 acres more or less];
and
WHEREAS, the Developer is the sole titleholder of the Site, which is designated on the
Ames Plan 2040 as Residential Neighborhood 3 (RN-3). Developer is seeking rezoning of the Site
from the current zoning of Agricultural (A) to Suburban Residential Low Density Residential Zone
(FS-RL) with Master Plan; and
WHEREAS, Developer proposes to develop the Site for a “Church Campus” use that is
subject to approval by the Zoning Board of Adjustment through the Special Use Permit process as
set forth in Ames Municipal Code §29.1202(4)-1; and
S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E
Legal description:
Return document to:
Document prepared by:
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WHEREAS, there is an existing residence on the Site that can be maintained on the
property, and its continuing use may also be determined in connection with the Special Use Permit
approval process for the Church Campus, and
WHEREAS, Developer has proposed a Master Plan to address compatibility of use and
layout of the site with the proposed FS-RL zoning; and
WHEREAS, the City Council has determined that due to specific conditions that exist on
or around the area proposed to be rezoned, or due to specific situations that require more careful
consideration of how the layout and design of a site affects general health, safety and welfare, a
Master Plan is necessary for the proposed rezoning request as set forth in Ames Municipal Code
§29.1507; 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) mandates a zoning agreement when a
Master Plan is required and that all development of the Site comply with the Master Plan.
NOW, THEREFORE, the Parties hereto have agreed and do agree as follows:
I.
5119 & 5001 LINCOLN WAY MASTER PLAN ADOPTED
The Master Plan set forth as Attachment A and incorporated by reference in this agreement shall
be the Master Plan for the Site at 5119 & 5001 Lincoln Way. Developer agrees that all development
upon the Site shall follow and comply with the Master Plan attached hereto. Developer further
agrees that:
(a) Developer shall restrict uses upon the Site as shown on the Master Plan.
(b) Developer shall adhere to the general layout shown in the attached Master Plan in all
material aspects.
(c) Developer understands and agrees that development of the Site requires, at Developer’s
expense, implementation of Lincoln Way striping and access improvements based upon
the final traffic study with phase 1. Any additional traffic improvements, including
timing of driveway connections, will be part of the Special Use Permit review.
(d) Area designated as open space shall be preserved and maintained with the existing
vegetation; however, the Special Use Permit process may authorize improvements
within this open space area and for the general maintenance, pruning, and tree removal
of unhealthy trees.
(e) Potential access points to the Site from Lincoln Way, Frontage Road, and Durant Street
are shown on the Master Plan. The exact location of points of access to the Site will
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be determined at the time of site plan review for the proposed church with the Special
Use Permit.
II.
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 and subdivision standards
continue to apply to the Site.
III.
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 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 Agreements Binding. The terms of all prior Agreements affecting this
Property in which the City is a party, including any pre-annexation agreement and/or development
agreement, are hereby reaffirmed to the extent they are not expressly modified by this Agreement.
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.
E. Successors and Assigns. This Agreement shall be binding on the successors and
assigns of the parties.
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 S U C C E S S I V E P A G E S ]
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LUTHERAN CHURCH OF HOPE
STATE OF IOWA, COUNTY OF STORY, SS.:
This instrument was acknowledged before me on March ______, 2025, by Chris Gunnare, as Executive
Minister and Director of Lutheran Church of Hope.
NOTARY PUBLIC
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Passed and approved on ________________________, 2025, by Resolution No. 25-________ adopted by
the City Council of the City of Ames, Iowa.
CITY OF AMES, IOWA
John A. Haila,
Renee Hall,
STATE OF IOWA, COUNTY OF STORY, SS.:
This instrument was acknowledged before me on _______________________, 2025, 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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Exhibit A – Master Plan
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DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER
Prepared by: City Clerk’s Office, 515 Clark Avenue, Ames, IA 50010 Phone: 515-239-5105
Return to: Ames City Clerk, P.O. Box 811, Ames, IA 50010
ORDINANCE NO.
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF AMES, IOWA, AS PROVIDED FOR IN SECTION 29.301 OF THE
MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY CHANGING THE
BOUNDARIES OF THE DISTRICTS ESTABLISHED AND SHOWN ON
SAID MAP AS PROVIDED IN SECTION 29.1507 OF THE MUNICIPAL
CODE OF THE CITY OFAMES, IOWA; REPEALING ALL ORDINANCES
AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND
ESTABLISHING AN EFFECTIVE DATE
BE IT HEREBY ORDAINED by the City Council of the City of Ames, Iowa;
Section 1: The Official Zoning Map of the City of Ames, Iowa, as provided for in Section
29.301 of the Municipal Code of the City of Ames, Iowa, is amended by changing the boundaries
of the districts established and shown on said Map in the manner authorized by Section 29.1507
of the Municipal Code of the City of Ames, Iowa, as follows: That the real estate, generally located
at 5001 and 5119 Lincoln Way, is rezoned from Agricultural (A) to Suburban Residential Low
Density (FS-RL) with a Master Plan.
Real Estate Description: All Of Outlot 'Zz' And All Of Outlot 'Yy', Sunset Ridge
Subdivision, Twelfth Addition, An Official Plat, Lying Within The Southwest Quarter Of
The Southeast Quarter Of Section 6, Township 83 North, Range 24 West Of The Fifth
Principal Meridian In The City Of Ames, Story County, Iowa, And The South 80.00 Feet
Of Said Southwest Quarter Of The Southeast Quarter Adjoining The South Line Of Said
Outlot 'Yy' And Containing 23.89 Acres (1,040,680 Square Feet).
Section 2: All other ordinances and parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
Section 3: This ordinance is in full force and effect from and after its adoption and
publication as provided by law.
ADOPTED THIS day of ,.
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Renee Hall, City Clerk John A Haila, Mayor
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