COUNCIL ACTION FORM

HEARING ON REZONING PROPERTY AT 259 AND 263 HYLAND AVENUE FROM RESIDENTIAL HIGH DENSITY (RH) WITH WEST UNIVERSITY IMPACTED DISTRICT OVERLAY (O-UIW) TO RESIDENTIAL HIGH DENSITY (RH) WITH WEST UNIVERSITY PEDESTRIAN ENHANCEMENT DISTRICT OVERLAY (O-WUPED) WITH A MAJOR SITE DEVELOPMENT PLAN

259 Hyland Avenue is owned by Dayton Park, LLC and 263 Hyland Avenue is owned by Adventure Investments, LLC, both represented by Chuck Winkleblack. The applicant proposes to rezone and redevelop the two existing lots (See the Location Map). Both properties are currently zoned Residential High-Density Zone “RH” with the West University Impact Overlay. The 259 Hyland site contains a duplex and 263 Hyland contains an apartment building. Both buildings would be demolished to accommodate future development. 

The proposed project will maintain the base RH zoning, but will amend the applicable overlay from West University Impact (O-IUW) to the new “O-WUPED” (West University Pedestrian Enhancement District). The O-WUPED was recently created to implement Ames Plan 2040 policies supporting walkable urban infill within the Residential Neighborhood Walkable Urban (RN-4) land use designation. RN-4 encourages higher density housing, walkability, and redevelopment that creates a high-quality built environment and sense of place (see the attached Plan 2040 Excerpt). The O-WUPED is to be applied on a case-by-case basis to property along Hyland and Sheldon Avenues. 

The benefit of the proposed Overlay Zoning compared to existing zoning, are an increase in allowable density and reduced parking when new buildings are designed to the standards of the Overlay District. The Overlay includes standards and design principles to guide the design of a site to support both compatibility with the existing multi-family character of the area and to encourage intensification with high interest urban design elements and material quality.

In order to approve a rezoning request to O-WUPED, an application must include concurrent review of a Major Site Development Plan (MSDP) to determine if a proposed project design is consistent with the O-WUPED and achieves the purpose of the District. The Addendum includes the purpose and establishment requirements for the rezoning.

MAJOR SITE DEVELOPMENT PLAN:

The proposed project is the first project to be reviewed with the new O-WUPED zoning. The applicant was the impetus for initial request for the creation of the O-WUPED zoning with a vision to redevelop two sites into one new development. The project has evolved substantially since the original concept was presented in the spring of 2025 to the project proposed today. Initially the site was to be redeveloped in one phase with one building oriented to Hyland. The applicant later determined that due to site conditions and timing a two building and two-phase project would be more feasible, which is the current proposal.

The proposed development will be built as two independent sites.  There will be no sharing of parking, access, setbacks, etc. A concurrent boundary line adjustment accompanies the project to establish property lines that match the proposed project sites. The applicant plans to proceed this fall with the 259 Hyland site and then proceed with the 263 Hyland site next summer.  Each site is evaluated for consistency with the O-WUPED. Each site includes requested design relief for alternative design features and application of design principles, which act as design guidelines.

The applicant has included a narrative that accompanies the MSDP to articulate their approach to the project design and consistency with the standards and design principles. The O-WUPED standards are mandatory elements of compliance while the design principles are written as design guidelines to help shape the features of the project that will conform to the purpose of the O-WUPED.  Essentially, if a project achieves the Design Principles it should be in conformance with the O-WUPED purpose.  Some design latitude is permitted through various alternative design tools of the Zoning Ordinance for landscaping and 20% setbacks reductions along with the application of the design principles to the project. The applicant refined the plans for the past few months culminating in this application.

Staff worked with the applicant’s design team to address the Design Standards and Principles for the project as it evolved and became more consistent with the O-WUPED. The Overlay identifies a preference for traditional residential design, but also allows for contemporary design with flat roofs as is proposed. 

Staff provided feedback regarding three challenging issues for the design and the site related to 1) Building A’s front setback along, 2) Building B’s approach to Hyland architectural relief, 3) Building B's design emphasis regarding the primary entrance facing Oakland. These are the primary points of discussion with the proposed Major Site Development Plan that accompanies the rezoning request.

259 Hyland-Building A

The property located at 259 Hyland Ave is approximately 0.27 acres. The building is 3-stories or approximately 37 feet tall. (see the attached Elevations for Building A details). The owner proposes 13 units for the building, 7 being one-bedroom units and 6 being two-bedroom units. The O-WUPED permits a density of 83 bedrooms per acre. Based on the proposal, 19 bedrooms are proposed, which is below the maximum bedroom density of 22.41 for the site.

The complete O-WUPED ordinance with its purpose requirements, standards, and design principles is included as an attachment for reference.  A table summarizing major standards and requested design features is included in the Addendum.  The design relief for the building includes accepting a 20% reduction of the front yard setback to 20 feet,  although originally requested as a front yard setback of 15 feet, a walkway to the street at 4-feet rather than 5 feet, and design principles approval of the entry overhangs and projecting window boxes with a variable roof parapet to provide relief for buildings that are 3-stories in height or greater. 

Because of the front setback issues for Building A, the applicant is in the process of seeking a variance to the rear setback to allow for the building to conform to the 20-foot front yard setback.  Staff supports the applicant's variance request to the ZBA to reduce the rear setback.  As shown in the plans that are attached, Building A has a 15-foot front setback. If the variance is approved the building will move to the west by five feet, but the fundamental design will not change.  If the variance is not approved, the applicant will need to return to Council to discuss options on how to proceed.  The variance application is a product of staff discussion with the applicant and the project's review at the P&Z meeting.

263 Hyland Avenue – Building B 

The property located at 263 Hyland Avenue is 0.47 acres. The building is intended to develop during Phase 2 following the construction of Building A. The building is 4-stories or approximately 45 feet tall when calculating the average grade of the site (see the attached Elevations for Building B details). The owner proposes 19 units for the building, 10 being one-bedroom units and 9 being two-bedroom units. The building meets the density maximum for bedrooms in the O-WUPED, proposing 28 bedrooms and having a maximum allowance of 39 bedrooms for the site.  Parking for this building is partially enclosed and partially uncovered along the west property line. Access is from Oakland.

A table summarizing major standards and requested design features is included in the Addendum. 

The design relief for the building includes consideration of a 20% alternative design relief to allow a maximum setback of 26.5 feet instead of 25 feet for a building corner along Oakland, a reduction of the front setback from 25 feet to 20 feet along Hyland, agreement that 8-inch window box projections and variable parapet height meet design standards for building relief, and that the Oakland entrance achieves the entrance design principles for corners and connection to Hyland. 

Building B is substantially larger than Building A, but replicates the design features of Building A.  Staff identified concerns with meeting building relief guidelines of a 30" depth of relief for a front facade and the Oakland corner entrance guidelines at the time of the P&Z Commission meeting. At the P&Z meeting the Commission reviewed the options for adding relief and ultimately supported the building as proposed.  However, the Commission voted to accept staff's recommendation for enhancing the Oakland entrance to add more emphasis and connect architecturally to the corner at Hyland.  Staff has included this recommendation as a condition of approval.

PLANNING AND ZONING COMMISSION:

Notice was provided by publication, mail to property owners within 400 feet, and a notice sign placed on the site. No comments were  received. The Commission reviewed the project and addressed the O-WPUED Design Principles and standards focused on the front yard setback of Building A as discussed above and architectural treatments of Building B.

The Commission agreed with the applicant that the site is blighted and redevelopment will be beneficial. The discussion focused on the requirements of the zoning and if the project had fully achieved the intent. Ultimately the Commission voted to add two conditions of approval to the proposal with a 3-2 vote.  The first condition was to seek a variance to the rear yard for Building A in order to meet the code standard of a 20 foot setback, this is underway by the applicant.  The Commission also included a condition to address the corner stair tower and Oakland entrance of Building B, believing it has not achieved the intent of emphasizing the entrance and connection to Hyland.  This condition also is recommended by staff as part of the approval.

1. City Council can approve on first reading the request for rezoning of both 259 and 263 Hyland Avenue from “RH” Residential High-Density Zone and “O-UIW” West University Impacted District to “RH” and “O-WUPED” West University Pedestrian Enhancement District and a resolution for approval of the the proposed Major Site Development with the following conditions:
   
   
   1. Provide an outdoor Lighting plan prior to issuance of a building permit. 
      
      
   2. Provide a roof plan with mechanical equipment screening prior to issuance of a building permit.
      
      
   3. Provide material sample/references for clay brick specifications prior to issuance of a building permit.
      
      
   4. Provided an updated site plan reflecting a Front Yard Setback of 20 Feet with approval of a rear yard variance for 259 Hyland prior to issuance of a building permit for 259 Hyland. (If the variance is not approved, the applicant will return to City Council prior to third reading for approval of the project)
      
      
   5. Require 263 Hyland Building B modifications to the architectural elements of the primary front entrance at the corner to conform to Design Principle 7.a., which would include more emphasis on the corner of the building and wrapping the corner to the Oakland entrance to make it a more significant element of the design.  Alternatively, the canopy along Oakland could be extended in length to be more substantial in scale to the building and include tie back rods to the brick or for it to be expanded in size and area as a porch with columns to the ground instead of a cantilevered canopy. Final Design approval will be by the Planning Director or referred to City Council for approval, prior to issuance of a building permit for 263 Hyland.
      
      
2. The City Council may approve with modified conditions the rezoning and Major Site Development Plan for either or both of 259 and 263 Hyland Avenue from “RH” Residential High-Density Zone and “O-UIW” West University Impacted District to “RH” and “O-WUPED” West University Pedestrian Enhancement District with a Major Site Development Plan.
   
   
3. The City Council can deny the application as not achieving the standards of the requested O-WUPED rezoning.

The proposed project is a substantial change to the Hyland Oakland area and will be a highly visible redevelopment that implements the vision of Ames Plan 2040. The project is designed around contemporary building styles with flat roofs and parapets formatted over ground floor parking and is efficiently designed with smaller apartment units as intended with the Overlay District in support of the lower parking requirements. 

Staff is generally supportive of the overall design, but believes that some modifications are needed for Building A and Building B to be fully consistent with the intent of the O-WUPED.  The purpose of the O-WUPED is to not only efficiently support redevelopment, but to also achieve the goal of improvement in the architectural character of the area to enhance the pedestrian environment as described within the RN-4 land use designation of Ames Plan 2040. The recommended variance for Building A and the enhancements to Building B's Oakland entrance help ensure consistency with the Overlay.  Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1.