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HomeMy WebLinkAboutA001 - Council Action Form dated June 10, 2025ITEM #:28 DATE:06-10-25 DEPT:P&H SUBJECT:ANNEXATION OF FORMER BORGMEYER FARM PROPERTY COUNCIL ACTION FORM BACKGROUND: On March 11, 2025, the City Council voted to initiate a voluntary annexation for 19 parcels, including properties owned by consenting and non-consenting owners. The subject area totals approximately 235 gross acres (including road rights-of-way). An annexation area map, annexation plat, and a listing of parcels and ownership are included as attachments A-C, respectively. Under Iowa Code Chapter 368, up to 20% of the total land area of a voluntary annexation may consist of non-consenting properties (referred to as the 80/20 rule). This is allowed by statute to avoid creating islands or to create more uniform city boundaries. In this annexation, properties owned by the non-consenting owners compose 10 percent of the total territory proposed for annexation, as illustrated by Table 1 below. Consenting (Property Gross Acreage and City ROW) Nonconsenting (Property Gross Acreage) Railway and County fee simple road right-of-way Acres 199.5 23.2 12.3 Percent of Annexation Area 89.6%10.4%n/a The non-consenting properties include three properties along George W. Carver Avenue (Hilker, Mandernach, and JDS Rentals) that would otherwise be islands. Additionally, there are four properties (Gregg, Eness) on the east side of Hyde Avenue that would be considered islands due to the annexation of the consenting Hunziker, Hayden’s Preserve, INHF, and Sturges lands. State law requires the annexation of road right-of-way adjacent to the annexation area and allows for the annexation of railroad property for more uniform boundaries or to prevent the creation of an island. As the railroad bisects the City boundaries to the south and the proposed annexation area, it is proposed to be annexed to create more uniform boundaries. Future developments will need the extension of utilities extended under the railroad. If the railroad were not annexed, it could also create an unincorporated corridor affecting the City’s boundaries long-term. BORGMEYER PROPERTY ("Greenbriar") DEVELOPMENT AGREEMENT : A local development group that includes Friedrich and Hunziker Companies has a purchase 1 agreement for the Borgmeyer property. Their intent is to develop the property as a residential neighborhood, to be known as Greenbriar, with a commercial area as identified within the existing Ames Plan 2040 designations for the property of Residential Neighborhood 4 (RN-4: Walkable Urban) and Neighborhood Core - Mixed Use (see Future Land Use Map in Attachment D). As part of initiating the original annexation, Council directed preparation of a developer agreement related to the consenting Borgmeyer properties to address construction of infrastructure needed to support the future development, including but not limited to a traffic study for intersection improvements, extension of Stange Road concurrent with development, looping of water mains to Northridge Heights, extension of a 15" (transitioning to a 12") sewer trunk line from Hyde Avenue west to the site, development of shared use paths and trails, and neighborhood park dedication. However, as staff noted at the May 27, 2025, City Council meeting regarding the discussion of development incentives, the Greenbriar developers have requested substantial City assistance with future development costs. Therefore, no development agreement has been prepared to accompany the annexation request. As a result, City Council has the choice of holding the public hearing and either: 1) approving the annexation with the requirement to complete a development agreement prior to approving a rezoning, or 2) delaying approval of the annexation until completion of a development agreement. Staff believes the first option would serve the interest of the City and the developer as it will take additional time to finalize details about the development that could occur while finishing the annexation process. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered the request at a Public Hearing on May 21, 2025. No members of the public spoke at the hearing on the annexation request. The Commission voted 6-0 to recommend the City Council approve the 80/20 annexation by finding that the proposed annexation is consistent with the Ames Plan 2040 comprehensive plan and that the proposed annexation territory eliminates islands and creates more uniform boundaries. RESOLUTION OF THE BOARD OF SUPERVISORS: On May 6, 2025, the Story County Board of Supervisors passed Resolution No. 25-89 supporting the proposed annexation. ALTERNATIVES: 1. Hold the Public Hearing and approve: a. The voluntary annexation of 19 parcels and abutting rights-of-way, totaling approximately 235 acres, for the properties located north of Ames' corporate limits generally located along George W. Carver Avenue and extending to the east side of Hyde Avenue, by finding that the proposed annexation is consistent with the Ames Plan 2040 comprehensive plan, and that the proposed annexation territory eliminates islands and creates more uniform boundaries. 2 b. Deferral of the developer agreement related to the planned Greenbriar development land uses and infrastructure needs and responsibilities until the time of rezoning. 2. Hold the Public Hearing and defer action on the annexation until a developer agreement can be created after resolution of the developers' incentive requests for the Greenbriar development and development of the City's policy for infrastructure assistance. 3. Deny the request to annex land north of Ames' corporate limits generally between George W. Carver and Hyde Avenue. CITY MANAGER'S RECOMMENDED ACTION: The annexation is consistent with Ames Plan 2040 projections for growth and a final piece of the City's north growth planning. The Borgmeyer properties are the largest property ownership within the annexation petition and the last significant area of unincorporated land in the Ames Plan 2040 planned growth area. The site represents an important development opportunity that is readily serviceable with extensions of City infrastructure, based upon previous infrastructure planning. The City planned for annexation of this property with previous utility extensions as part of the Hyde Road improvements. The annexation proposal utilizes the 80/20 allowance for inclusion of consenting properties and adjacent non-consenting properties to avoid the creation of islands. Inclusion of the railroad property is also permitted by state code to create more uniform boundaries for the City. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. ATTACHMENT(S): Addendum.pdf Attachments.pdf 3 Addendum Current Land Use. The 10 consenting properties are vacant, and used for agricultural or natural resource preservation, except the Sturges property which includes a single-family dwelling. The 7 non-consenting properties include five single-family dwellings. The two vacant parcels include agricultural buildings and pasture. Beyond the need to annex the nonconsenting properties to avoid the creation of an island, the City maintains Hyde Avenue and owns the unincorporated right-of-way in front of the properties along Hyde. Similarly, the G. W. Carver right-of-way south of the Ames Golf and Country Club will all become part of the City with the annexation. Sanitary sewer and water infrastructure are already available to the property owners along Hyde and are available/will become available to the properties along G.W. Carver with adjacent developments. Nonconsenting owners are not required to connect unless they choose to or their septic system fails and City sewer is available within 200 feet. In addition, their inclusion in the annexation allows for consistent emergency service response along Hyde Avenue and G. W. Carver between the City and Story County. Development Plan. When a property is annexed into the City, it is automatically zoned as “Agricultural.” Zoning does not change unless a request is initiated by an individual property owner or by the City Council. Any proposed zoning must be consistent with Ames Plan 2040. A conceptual development plan has not yet been received from the property owner. The annexation may proceed without a concept plan for the site as the rezoning and development is a subsequent step after annexation. If the site is annexed, City Council would consider a specific rezoning proposal in the future. Ames Plan 2040. The Borgmeyer property is designated Residential Neighborhood 4 (RN-4: Walkable Urban) and Neighborhood Core - Mixed Use. The RN- 4 designation emphasizes a high level of connectivity and is characterized as an urban neighborhood connected with a village center or mixed-use district. The intent of the designation for this site is focus on fairly compact and dense residential development pattern that includes multiple housing types of apartments, small lot homes, townhomes, and regular single-family lots. Staff believes in excess of 400 dwelling units will be developed on the site. Having a significant diversity of homes types in this project is important to achieve our growth and housing goals identified within Plan 2040. Similarly, the NC MU designation reflects commercial areas adjacent to residential uses to support neighborhood commercial needs. While NC MU may be larger than other neighborhood commercial centers, it is also differentiated in its walkability, pedestrian orientation of commercial spaces, and connectivity to nearby residential areas, as well as including residential uses with commercial uses as mixed-use developments. This 4 designation will include some higher-density housing along with commercial. It will help to create a center and identifiable place support of the overall development concept. The NC MU area is shown to the interior of site along a conceptual extension of Stange Road. Reflective of the characteristics of the designation, it is shown as a larger commercial area, over 20 acres in size. Based upon Plan 2040 designations and goals for services in north Ames, a mixed-use core is important component of the site for the project layout and providing a diversity of uses and service options. The overall size and final location will be determined with a rezoning application. The routing of the Stange Road extension will influence its ultimate configuration. The developer has expressed that this scale and location of commercial development may not be desirable. The development agreement may assist in setting forth expectations for this area to inform infrastructure improvement needs prior to a Master Planning process. The owners of the Borgmeyer properties, Northridge Heights Homeowners Association, Hunziker, the Iowa Natural Heritage Foundation, and Leroy and Sue Sturges have waived their right to withdraw the annexation request, which ensures that the City does not unnecessarily use its resources to process an annexation that is later withdrawn. Developer Agreement. Due to the area of land and the number of infrastructure improvements needed to support development of the site, the City Council directed that a pre-annexation agreement be considered concurrent with the annexation when the request goes back to the City Council. A formal agreement has not yet been drafted and may be deferred until the time of rezoning. A pre-annexation developer agreement identifies substantial improvement requirements in advance of platting or rezoning of a property, which assists the developer in understanding any future obligations of development and affords the City the broadest level of discretion in consideration of off-site impacts. The agreement will be informed by Ames Plan 2040 development requirements for the site, which include infrastructure improvements such as intersection improvements, extension of Stange Road, extension of sanitary sewer, extension and looping of water mains, development of shared use paths and trails, and neighborhood park dedication. These improvements are needed to serve the area as it develops and are required concurrently with development. The specific design of the site would not be part of agreement as that would be determined with rezoning and future subdivisions. However, the agreement will more broadly set forth developer and City responsibilities for potential cost-sharing and other expectations for development improvements and timing for the project. Street Connectivity. Ames Plan 2040 shows the extension of Stange Road through the site, connecting to George W. Carver Avenue to the northwest. It is classified as an “avenue” per the Complete Streets typology (a collector street in terms of a functional 5 class). This extension would be required concurrent with the site’s development and is not expected to precede development of the area. Other streets will be local streets. Typically, a collector street is required to provide a 100-foot right of way and a 31-foot paved street section. Collector streets also have a greater thickness than residential streets due to higher traffic loads. At least one shared use path would run parallel to Stange. There is also an opportunity to introduce mini-roundabouts along Stange for street intersections to manage traffic speeds, likely near the NC-MU core area. The additional width and depth of the collector roadway may warrant city participation in “oversizing costs” to facilitate the development patterns planned by Ames Plan 2040. Traffic. In addition to street extensions through the site, development of the site would require a traffic study to assess development impacts, including frontage improvement needs and off-site impacts such as operations of adjacent intersections. The results of the traffic study will indicate expected developer-financed improvements and off-site impacts related to the site development. The study would also consider cumulative impacts of development and other growth. Likely needed improvements would be turn lanes and eventually a traffic signal at George W Carver and Stange. These improvement responsibilities would then be detailed by the developer agreement. Shared Use Paths and Trails. Per Ames Plan 2040 plan for trails and greenways, as well as other City transportation plans, the shared use path along George W. Carver Avenue to the south will be required to be extended northward to the Irons Subdivision/AGCC property. This fills in a gap in the system that would then extend all the way to 190th Street. Additionally, a shared use path is expected along the extension of Stange, connecting to the path on George W. Carver at the northwest corner of the site. A greenway trail is also anticipated to be extended along the north boundary of the site to the east across the railroad to connect with developments to the east and Ada Hayden Park. The developer agreement will address reservation of land for the trails and the developer responsibility for the cost of the shared-use path and any trail systems, as well as for providing easements to the City as necessary. Construction of the path crossing the railroad would likely be a future city cost as it will connect with the path anticipated within Hayden’s Preserve Development agreement. Parks. Ames Plan 2040 guidelines establish that neighborhood parks should be located to serve a population within a 1/4 to 1/2 mile radius and, in expansion areas, 5 acres of parkland should be planned per 1,000 people. Neighborhood parks are also typically 5 to 30 acres in size. Due to the majority of the site being more than a half-mile distance from a neighborhood park and densities of the RN-4 designation yielding a population of over 1,000 people, staff believes some element of a recreation opportunity is needed per the policies of 6 Plan 2040. The developer agreement would set expectations in terms of park dedication and timing of development of the park and developer responsibility for costs. Water Infrastructure. Water mains would required to be looped by the developer through the site, connecting to an existing mains from Northridge Heights, including a 12 inch water main at the southeast corner of the site. Staff believes internally looping connecting the 12 inch mains will be adequate without connecting to the east under the railroad. This is likely a fairly modest issue and needed to serve the development appropriately. Additionally, the developer agreement would require that an agreement for future Xenia water territory buyout is signed and returned to the City consistent with our master Agreement with Xenia. Current buyout costs for the developer are $3,000 per net acre. Sanitary Sewer Infrastructure. Sanitary sewer is planned to be extended to the site from Hyde through other developments to the east. The existing sewer is 15” diameter and would transition down to a 12” trunk line to serve the development. Extension north to the Irons is also required per standard Subdivision Code standards. The property is part of a sanitary sewer connection district for the previous extension of the sewer along Hyde. Staff is investigating the ability to coordinate this offsite extension with Hayden’s Preserve and to consider it primarily as pioneer infrastructure funded by the City, with or without additional connection fees. The agreement is intended to address how this improvement is timed and funded The developers have indicated to staff they may have an interest in a near-term option to provide partial service to the site. As these other developments to the east that would bring the sewer to the site are pending, an interim option to provide sewer capacity to a portion of the development (likely no more than 40 acres) would be to extend the existing sewer main at Valley View Road into the site. However, this line has limited capacity for new uses due to a downstream constraint. A capacity improvement of lining the pipe within Moore Memorial Park could allow for up to 40 acres of the site to be served. The developer agreement would detail the developer responsibility to cover the cost of a lining project and how it relates to the other sewer extension needs. Outreach. As part of the state-mandated annexation process, City staff invited the Franklin Township Trustees and the Story County Board of Supervisors for a Consultation Meeting on April 17, 2025. Those in attendance included: Kelly Diekmann, City of Ames Planning & Housing Director; Amelia Schoeneman, City of Ames Planner; Linda Murken, Story County Board of Supervisors, Member; and Leanne Harter, Story County Planning and Development Director. No one representing Franklin Township attended the meeting. No formal comments have been received as of the writing of this report. Most discussion and questions focused on the timeline for the annexation and for the separate annexation of the Irons Subdivision and AGCC to the north. A courtesy notice was sent to affected property owners and owners of abutting property prior to the Planning and Zoning Commission meeting. 7 Next Steps. Following the City Council’s approval of the annexation and adoption of a resolution to that effect, the annexation will go to the state City Development Board for a hearing due to the inclusion of non-consenting property owners as an 80/20 annexation and being within two miles of the City of Gilbert. The state City Development Board will be the final approval authority. 8 Hilker Mandernach JDS Rentals Borgmeyer BorgmeyerBorgmeyer Borgmeyer Northridge Height's HOA South Half Stange ROWEast Half G W Carver ROW Contiguous to South Half Stange ROW Hayden's Preserve INHF Eness Eness Eness Railroad Gregg Railroad Hunziker Hunziker Hyde Ave ROW - City Owned Sturges FLETC H ER BLVD WELBECK DR VALLEYVIEW RD GEORGEWCARVER AVE BRICKMAN AVE ALDRIN AVE WESTON DR BERKSHIRE AVE E I SENHOWER AVE BALLENTINEDR CH I L T O N A V E CRESTMOORAVE BAR C E LO S ST WEMBLEY AVE HARRISON RD HARRISON RD HASTINGS AVE TALONDR WESTLAWNDR FOXLEY DR BLOOMINGTON RD STONEBROOKE RDROXBORODR WYNGATEDR HYDEAVE WESTWIND DR SEDWICK ST S TO CKB URY ST BECKLEY ST CARTIERAVE DANBURY RD E V E R E S T A V E BU RNHAMDR AB E R DE E N D R Annexation Area 0 0.1 0.20.05 Miles ¯ Legend City of Gilbert 2 Mile Urbanized Area Annexation Area Consenting Nonconsenting Ames Incorporated Limits STANGE RD IR O N S C T GE O R G E W C A R V E R A V E 9 10 11 12 13 14 Attachment C Annexation Area Properties, Owners, Acreage, and Status Real Property and City Road ROW Owner Address/Parcel ID Consent Status Gross Acres Margaret A Trust; 574 Investments LLC and and Hunziker Development Group LLC contract holders 5500 George W Carver Ave Consenting 35.68 Borgmeyer, Margaret A Trust; 574 Investments LLC and and Hunziker Development Group LLC contract holders 0521300200 Consenting 38.47 Borgmeyer, Margaret A Trust; 574 Investments LLC and and Hunziker Development Group LLC contract holders 0521300305 Consenting 38.61 Borgmeyer, Margaret A Trust; 574 Investments LLC and and Hunziker Development Group LLC contract holders 0521300400 Consenting 39.47 Northridge Heights Homeowner's Association 0521400350 Consenting 6.16 Mandernach, Jordan & Stephanie 5326 George W Carver Nonconsenting 4.93 Hilker, Rick A 5217 George W Carver Nonconsenting 4.14 J D S Rental Properties LLC 4427 George W Carver Nonconsenting 1.21 Hunziker, Erben & Margaret Hunziker Apartments LLC 0521400004 Consenting 1.48 Hunziker, Erben & Margaret Hunziker Apartments LLC 0521400006 Consenting 0.12 Sturges, Leroy D & Sue A 5019 Hyde Ave Consenting 4.56 Iowa Natural Heritage Foundation 13.15% And White, Joan Coffman 86.85% 0521400003 Consenting 30.16 Hayden's Preserve LLC 4811 Hyde Ave Consenting 3.42 Gregg, Clayton & Schwery, Julie 4604 Hyde Ave Nonconsenting 1.17 Eness, Allison J 2015 Trust and Taylor, Mark 2015 Trust and Taylor, Mark Trustee and Eness, Allison J Trustee 0522300370 Nonconsenting 5.1 Eness, Allison J 2015 Trust and Taylor, Mark 2015 Trust and Taylor, Mark Trustee and Eness, Allison J Trustee 4714 Hyde Ave Nonconsenting 1.24 Eness, Allison J 2015 Trust and Taylor, Mark 2015 Trust and Taylor, Mark Trustee and Eness, Allison J Trustee 0522300315 Nonconsenting 5.43 City-Owned Hyde Avenue Row n/a Consenting 1.38 15 Total Acreage: 222.73 Total Consenting Acreage (Real Property and City ROW): 199.51 (89.6%) Total Nonconsenting Acreage (Real Property): 23.22 (10.4%) County Road ROW and Railway ROW Owner Address/Parcel ID Consent Status Gross Acres County-owned Irons Court/Stange right-of-way (south half) N/A N/A 0.27 County-owned G. W. Carver right-of- way (east half adjacent to Irons Court/Stange) N/A N/A 0.03 Chicago & Northwestern Trans Co South half 0521400500 & 0528201001 N/A 11.98 16 NC-MURN-4 RN-3 OS EIS E N H OWER AVE AD A HAYDEN R D F L E T CHER B LVD BARC E L O S S T HYDE AVE G E O R G E W C A R V E R A V E WELBECKDR VALLEY VI E W R D BRICKMAN AVE CH I LTO N AV E WESTON DR IRONS WAY STONEBROOKERD BERKSHIRE AVE HASTINGS AVE HARRISON RD BALLENTINE DR HARRISONRD W EM BLEY AVE TALON DR WESTLAWN D R FOXLEY DR M C F A R L A N D AV E W 190TH ST ROXBORO DR WESTWIND DR G E O R GE W C A RVER AVE WYNGATEDR LACEY DR SEDWICK ST STOCK B U RY ST BECKLEY ST DA N B URYRD C A M E R O N S C H O O L R D E V E R E S T AV E BURNHAM DR ABERDEEN DR A U DUBONDR KE T E LS E N DR A LDRIN AVE LEOPOLD DR CARTIER AVE TIVERTON CT Ames Plan 2040 Future Land Use Map 0 0.15 0.30.07 Miles ¯Legend Annexation Area Ames Corporate Limits Residential Neighborhood 2 - Established (RN-2) Residential Neighborhood 3 - Expansion (RN-3) Residential Neighborhood 4 - Village (RN-4) Residential Neighborhood 5 - Multi-family (RN-5) Neighborhood Core (NC) Neighborhood Core - Mixed Use (NC MU) Park/Recreation Open Space Story County Urban Reserve 17 P L A N E L E M E N T S G R O W T H & L A N D U S E 56 A M E S P L A N 2 0 4 0 Residential Neighborhood 4 (RN-4: Walkable Urban) »Based on master development plan or organic evolution of walkable mixed-use districts. »Strongly connected mixed uses as a “place” or district. »High level of street and path connectivity, highly walkable design where vehicles are secondary. »Individual development areas may have separate dominant uses but relate to each other. »Interior, street-oriented “village center.” »Common open space and community streets as elements of urban structure. » Thematic street character, e.g., “main street” environments. LAND USE: CATEGORIES PUBLIC ACTIONS »Improve streetscape and district identification to focus attention and encourage reinvestment in existing areas, such as in the West Street “village” west of the ISU campus and similar small-scale mixed-use districts. In these areas, encourage upgrades and improved relationships among existing multi-family buildings. May require a special development area plan. » Review and modify zoning and subdivision regulations to address the intended range of uses and design standards. » Review parking requirements to ensure there is not excess required parking that impacts financial feasibility of reinvestment and design that detracts from character. DEVELOPMENT GUID ELINES »Emphasis on mixed uses in the neighborhood overall with walkability, functional public space, appropriate street design, and green infrastructure; provide flexibility in how these goals are accomplished. » Similar design approach to a PUD to ensure details for mixed-use and design are successful, allowing for greater density and more commercial uses than conventional options. »Overall minimum gross density > 6 du/A; Village Centers may have much higher density. »Avoid dictating specific architectural style, while recognizing that some styles are more consistent with intended character than others, however, elements supportive of street level design details are required. This includes features such as porches, large amounts of fenestration for commercial uses, reduced setbacks, durable and interesting building materials, identifiable entrances, and minimized dead space of walls and garage doors. GOALS »Village master planning and development in key opportunity sites within growth areas. »Extension of positive “village” development principles into more conventional development options that achieve walkable and identifiable centers to neighborhoods. APPL ICABLE EXISTING ZONING CATEGORIES »PRD Planned Residence District »F-VR Village Residential »RH Residential High-Density (existing development only) » PUD Planned Unit Development Overlay District 18 P L A N E L E M E N T S G R O W T H & L A N D U S E 59 A M E S P L A N 2 0 4 0 Neighborhood Core - Mixed Use (NC MU) »A special subset of Neighborhood Core usually associated with Walkable Urban Neighborhoods. »Designed for a high level of pedestrian/bicycle /transit access with parking located behind buildings. »In large, master planned developments, may be located off major streets and in the interior of the community. »Often simulate “main street” character with buildings strongly oriented to adjacent streets and built close to the property line. » Includes or is located directly adjacent to residential uses. LAND USE: CATEGORIES APPL ICABLE EXISTING ZONING CATEGORIES »F-VR Village Residential »NC Neighborhood Commercial DEVELOPMENT GUIDELINES »Encourage walkability and planned relationships among separate buildings in multi-building projects. »Relate and orient buildings to surrounding public streets, including direct sidewalk to front door access. »Reduce visual impact of parking areas that separate buildings from streets. »Emphasize fine grain design details and building interest for neighborhood compatibility and use site design techniques emphasizing connectivity for pedestrians and bicyclists. »Incorporate residential uses into planned developments or in mixed-use core areas, including live-work environments. » Develop a high-quality, human-scale streetscape as part of development design; incorporate small and effective public spaces. » Accommodate existing and future transit accommodations. »Support incremental upgrades to existing properties to meet neighborhood goals. » Maintain a mix of uses that address everyday needs. PUBLIC ACTIONS »Encourage mixed uses in neighborhood cores. » Support extension of future transit service to emerging neighborhood cores. »Develop special district plans or guidelines prior to development in growth areas identified as Neighborhood Core - Mixed Use on the Future Land Use Map. GOALS »Provide neighborhood commercial and support services to all residential areas. »Recognize role of neighborhood cores as activity centers for residential communities. »Provide access choice from residential neighborhoods to commercial cores, including non-automotive options. 19