HomeMy WebLinkAboutA041 - April 28, 2026, Regular Meeting of the Ames City CouncilTo:Mayor & City Council
From:Amelia Schoeneman, Planner
Date:April 28, 2026
Subject:Rezoning of property at 4605 and 4510 Hyde
Item No. 45
MEMO
The ordinance rezoning property located at 4605 & 4510 Hyde and adjacent
properties to the North (Auburn Trail Development) is attached for City Council's
review and consideration for third reading and adoption.
As the requested rezoning is to the Suburban Residential Floating Zone
Residential Low Density (FS-RL) Zone, a Master Plan is required. The Master
Plan establishes types of uses allowed for the site (single family detached and
attached housing), access points, and general open space set asides.
City Council approved on first reading the rezoning with Master Plan on March
24. As part of the approval of the first reading, City Council required a Master
Plan to be accompanied by a Zoning Agreement signed by the property owner
prior to the third reading of the rezoning ordinance. The Zoning Agreement
requires future development comply with the Master Plan.
The Master Plan and Zoning agreement will replace previously approved
versions. The main changes include adding the two outlots to the north of 4605
Hyde to the development, changes to the layout of open space within the project,
and removing the developer's obligation to construct a shared use path along
Hyde Avenue from the zoning agreement. More information on these changes
can be found in the March 24 Council Action Form on the rezoning request.
The applicant will deliver to staff the attached Zoning Agreement signed by the
property owner in time for the third reading. This agreement should be approved
by the City Council before approving the rezoning on third reading.
ATTACHMENT(S):
4605 & 4510 Hyde Ave - Rezoning.pdf
Draft Zoning Agreement
Planning and Housing 515.239.5105 main
515.239.5142 fax
515 Clark Ave. P.O. Box 811
Ames, IA 50010
www.CityofAmes.org
1
DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER
Prepared by: Renee Hall 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 OF AMES, 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 4605 and 4510 Hyde Avenue plus two adjacent
parcels to the north (Outlots A & B in the Cochrane Farms Subdivision), is rezoned from
Agricultural “A” to Floating Suburban Residential Low-Density “FS-RL”
Real Estate Description: Outlot ‘A’ and Outlot ‘YY’ of Auburn Trail Subdivision, First
Addition, and also, Outlot ‘A’ and Outlot ‘B’ of Cochrane Farm Subdivision, all in the City
of Ames, Story County, Iowa.
Parcels contain a combined 3,243,434 sq. Ft. (74.459 ac.)
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 , .
2
Renee Hall, City Clerk John A Haila, Mayor
3
REZONING AGREEMENT AND ADOPTION OF A MASTER PLAN FOR
PROPERTIES AT AND IN THE VICINITY OF
4605 & 4510 HYDE AVENUE
THIS AGREEMENT, made and entered into this _________ day of April 2026, by and
between the City of Ames, Iowa, (hereinafter “City”) and Erben & Margaret Hunziker
Apartments, LLC, and Hunziker Development Group, LLC, both Iowa limited liability
companies, their successors and assigns (together hereinafter “Developer”), collectively referred
to as the “Parties,”
WITNESSETH THAT:
WHEREAS the Parties hereto desire the improvement and redevelopment of real property
in the City of Ames, locally known as 4510 Hyde Avenue, 4605 Hyde Avenue and certain
properties located in the vicinity of said properties (collectively hereinafter referred to as the
“Site”) which are legally described as:
Outlot YY, Auburn Trail Subdivision, First Addition, Ames, Iowa, (Tax Parcel No. 05-22-
300-001),
and
Outlot A, Auburn Trail Subdivision, First Addition, Ames, Iowa, (Tax Parcel No. 05-21-
400-007),
and
Outlot A, Cochrane Farm Subdivision, Ames, Iowa, (Tax Parcel No. 05-21-400-004),
and
Outlot B, Cochrane Farm Subdivision, Ames, Iowa, (Tax Parcel No. 05-21-400-006).
WHEREAS, Developer holds title titleholder of the Site, which is designated Residential
Neighborhood 3 (RN-3) on the Ames Plan 2040. Developer is seeking rezoning of the Site from
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:
4
the current zoning of Floating Suburban Residential Low-Density (FS-RL) and Agricultural (A)
to Floating Suburban Residential Low-Density (FS-RL) with Master Plan; and
WHEREAS, Developer proposed the rezoning of the Site “to allow for residential housing
. . . [and] to rezone certain 50 foot segments that were previously in the County but have been
annexed since the rezoning request;” 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, 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.
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. Developer agrees that all development upon the Site shall follow
and comply with the Master Plan attached hereto. Developer further agrees that:
(1) Developer shall restrict uses upon the Site as shown on the Master Plan.
(2) Developer shall adhere to the general layout shown in the attached Master Plan in all
material aspects.
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,
except as otherwise provided below, or agreements with third parties. The Parties further
acknowledge that all site development and subdivision standards continue to apply to the Site.
5
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. The terms of this Agreement replace in their entirety the
Contract Rezoning Agreement dated July 21, 2021, and recorded July 19, 2021, as Instrument No.
2021-09213, as modified by Resolution 23-611, adopted by the City of Ames. Insofar as there are
other agreements affecting this Site in which the City is a party, said agreements 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 F O L L O W ]
6
Dated _______________, 2026.
ERBEN AND MARGARET HUNZIKER
APARTMENTS, L.L.C.
STATE OF IOWA, COUNTY OF STORY, SS.:
This instrument was acknowledged before me on _________, 2026, by Dean E. Hunziker and Jon E.
Hunziker, as Managers of Erben and Margaret Hunziker Apartments, L.L.C.
NOTARY PUBLIC
STATE OF IOWA, COUNTY OF STORY, SS.:
This instrument was acknowledged before me on __________, 2026, by Justin R. Dodge, as Manager of
Hunziker Development Group, LLC.
NOTARY PUBLIC
7
Passed and approved on ________________________, 2026, by Resolution No. 26-________ 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 _______________________, 2026, by John A. Haila
and Renee Hall, as Mayor and City Clerk, respectively, of the City of Ames, Iowa.
NOTARY PUBLIC
8
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