HomeMy WebLinkAboutA011 - Attachment G (Developer Draft) of Contract Attachment G (Developer Draft)
DO NOT WRITE IN THE SPACE ABOVE THIS LINE;RESERVED FOR RECORDER
Prepared by: Judy K.Parks,Ames City Attorney,515 Clark Ave.,Ames,IA 50010;515-239-5146
Retum to• Ames City Clerk Ames City Hall P.O.Box 811 Ames IA 50010
CONTRACT ZONING AGREEMENT BETWEEN DICKSON JENSEN AND LUANN
JENSEN AND THE CITY OF AMES
FOR THE BRICK TOWNE DEVELOPMENT AT 3115-3413 SOUTH DUFF AVENUE
THIS AGREEMENT, (this "Agreement") made and entered into this day of
, 2016, by and between the City of Ames, Iowa (hereinafter called "City") and
Dickson D. Jensen and Luann C. Jensen (hereinafter called " the Developer"), their successors,
heirs, and assigns.
WITNESSETH THAT:
WHEREAS, the Developer is seeking to improve and develop an area located at 3115,
3119, 3301, 3325, 3409 and 3413 South Duff Avenue and legally described as set out on Exhibit
`A' and depicted in Exhibit `B' (collectively, the "Site"), which will be called the Brick Towne
Development; and
WHEREAS, the Developer has applied to the City for rezoning of the Site from the
present designations as HOC (Highway Oriented Commercial) and A (Agricultural) to HOC
(Highway Oriented Commercial) and RH (Residential High Density), consistent with the Land
Use Policy Plan as depicted in the "Rezoning Plat" attached hereto and made a part of this
Agreement as set forth in Exhibit `B'; and
WHEREAS, the Developer has proposed a "Concept Plan" to guide the general layout,
design, and intensity of future development attached hereto and made a part of this Agreement as
set forth in Exhibit `C.' The Parties understand and agree the Plan is conceptual in nature and
may be modified as necessary, but the Development shall generally constitute workforce
housing; and
WHEREAS, Developer and the City desire to enter into an agreement related to
additional conditions for development of the Site which addresses storm water and off-site traffic
impacts of the Site, and cost allocation for improvements related to those, in conjunction with
granting the base zoning for the Site, as provided for under Iowa Code section 414.5.
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NOW,THEREFORE,the parties hereto have agreed and do agree as follows:
I.
INTENT AND PURPOSE
A. It is the intent of this Agreement to:
1. Induce the City to rezone the real property subject to development, and the
Developer will not be bound by this agreement if the rezoning is not
approved.
2. Recognize that Developer is owner of the Site which is being rezoned;
3. Provide for completion of storm water improvements for the land being
rezoned as well as for additional land in the vicinity in a manner consistent
with the Teagarden Drainage Study.
4. Provide for off site street and bicycle improvements required for the
development that is contemplated to occur on the Site, as well as provide
for rehabilitation and widening of South Duff Avenue and signalization of
the intersection of South Duff Avenue with Crystal Street.
5. Allow for cost allocation of the storm water and off-site street traffic
improvements between the parties.
II.
STORM WATER MANAGEMENT IMPROVEMENTS AND COST
The Developer is responsible for all storm water management for the Site.
It is also known that storm water flows from west of the Site into the Teagarden residential area
east of South Duff Avenue. It would be desirable to the City to incorporate enhanced storm water
management in this area.
In conjunction with the construction of its storm water improvements for the Site, the Developer
agrees to build and provide additional storm water improvements in a capacity sufficient to
provide adequate storm water management for the Teagarden area at a capacity of no more than
18 acre foot on the middle branch and one acre foot on the north branch, with discharge of these
extended detention facilities to consider water quality improvements, airport and safety impacts,
and existing capacity downstream infrastructures. The Developer will bear the cost for all of
these improvements. The Developer will design the improvements subject to the City's
specifications, Statewide Urban Design and Specifications (SUDAS), Iowa Stormwater
Management Manual, Ames Municipal Code Chapter 5B, and City of Ames Supplemental
Specifications, the Teagarden Drainage Study of August 2015, and will install them only after
review and approval has been given by the City of Ames Public Works Department.
The storm water detention facilities and other improvements shall be completed prior to
occupancy of any structure on the Site or by October 2018,whichever occurs first.
III.
OFF-SITE TRANSPORTATION IMPROVEMENTS AND COST
The City is responsible for all off-site improvements.
South Duff Avenue (also known as U.S. Highway 69) in the vicinity of the Site is in need of widening
to three lanes and signalization as off-site traffic improvements to meet the development needs of
the Site.
The Developer will dedicate at most 60 feet for Highway 69 right-of-way and install a 5 foot sidewalk in
the Highway 69 right of way on the land owned by Developer. Developer shall be responsible for the
construction of a sidewalk along the frontage of Story Memorial Gardens cemetery, provided that the
sidewalk may be placed in existing right of way and does not require Developer to secure an easement
from the titleholder of the Story Memorial Gardens cemetery. Frontage improvements shall be completed
commensurate with the phasing of residential development, or according to a timeframe directed by the
City Council. The sidewalk in front of the commercial portion of the development shall be completed
within 12 months of the City finishing the road.
The City shall be responsible, at its own cost,for all other transportation-related improvements outside of
the development, including traffic signals and signs, street improvements, utility relocations, CyRide
improvements for bus stops,additional or widened lanes,and other sidewalks and shared use paths.
Plans for the South Duff improvements are incomplete at this point, but all South Duff Avenue
improvements are subject to approval by the Department of Transportation. Preliminary plans
identify the widening principally along the west side of South Duff Avenue. The City shall be
solely responsible for the cost of relocating Ames Electric transmission lines or poles, if
relocation is necessary.
IV.
-DESIGN
The request for rezoning was accompanied by a Concept Plan as set forth in Exhibit `C'
providing for the general layout, design, and intensity of future development. Developer agrees
that the Site is limited to a maximum of 750 dwellings, and up to 10 percent of built units may be
three bedroom units.
The Developer understands that site access from South Duff Avenue may be restricted by the
City or Department of Transportation and that shared access drives with the commercial and
residential development will be required for development of the Site. Proposed site access is
shown on Exhibit `C' attached.
The Developer has stated an intent to make a desirable living environment with on-site amenities
and features with development of the Site. The Developer agrees to incorporate recreational and
lifestyle amenities commensurate with the phased development of the residential buildings of the
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Site. Additionally, the Developer shall incorporate architectural features into each building on
the Site that helps to create identity as a residential community, enhance the building design, and
provide architectural interest and relief elements to building massing. Additionally, the
Developer shall incorporate a substantial amount of brick material with each building fagade.
Landscaping is a unique feature to the site development. Native grasses, mounding and wetlands
for water quality run throughout the development. The Developer intends to apply for a Master
Plan for alternative screening as provided in Section 29.403(4)(g) of the Ames Municipal Code.
The landscaping on the Site will be consistent with a prairie-style concept with fewer trees due to
airport proximity and with smaller bushes replaced by native grasses around the Site. The parties
agree that City Staff shall review proposed prairie-style landscaping as part of the review of the
Site Plan and approval shall not be unreasonably withheld.
The parties understand and agree that the Developer shall record an avigational easement as
shown in Exhibit D prior to the approval of the Site Plan.
V.
NON-INCLUSION OF OTHER IMPROVEMENT OBLIGATIONS
The parties acknowledge and agree that this Agreement is being executed in contemplation of a
conceptual plan for development,without further review or approval of subsequent specific plans
for development of the Site. The parties acknowledge and agree that it is not possible to
anticipate all the infrastructure requirements that the Developer may be required to complete to
properly develop the Site. Therefore,the parties agree that all work done by and on behalf of the
Developer with respect to, but not limited to, sidewalks, building design, building construction
and utilities, both on-site and off-site, shall be made in compliance with Iowa Code, SUDAS and
all other federal, state and local laws and policies of general application except as otherwise
expressly provided herein, whether or not such requirements are specifically stated in this
Agreement.
VI.
GENERAL PROVISIONS
A. Modification. The parties agree that this Agreement may be modified, amended
or supplemented only by written agreement of the parties.
B. Incorporation of Recitals and Exhibits. The recitals, together with any and 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.
VII.
COVENANTS RUN WITH THE LAND
This Agreement shall run with the land and shall be binding upon the Developer, its successors,
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subs quent purchasers and assigns. Each party hereto agrees to cooperate with the other in
exe�uting a Memorandum of Agreement that may be recorded in place of this document.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed effective as of the date first above written.
CITY OF AMES,IOWA
By
Ann H. Campbell, Mayor DICKSON D. JENSEN
Attest
Diane R. Voss, City Clerk STATE OF IOWA,COUNTY OF ss:
This instrument was acknowledged before me on
2016,by ,Dickson D.Jensen.
STATE OF IOWA,COUNTY OF STORY,ss:
Notary Public in and for the State of Iowa
On this day of
2016,before me,a Notary Public in and for the State of Iowa,
personally appeared Ann H. Campbell and Diane R. Voss, to
me personally known, who,being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of the
City of Ames, Iowa; that the seal affixed to the foregoing
instrument is the corporate seal of the corporation,and that the LUANN C.JENSEN
instrument was signed and sealed on behalf of the corporation
by authority of its City Council,as contained in Resolution No.
adopted by the City Council on the
day of ,2016,and that Ann
H.Campbell and Diane R Voss acknowledged the execution of STATE OF IOWA,COUNTY OF ss:
the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily This instrument was acknowledged before m 2016,by Luann C.Jensen.
executed. on
Notary Public in and for the State of Iowa Notary Public in and for the State of Iowa
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Council: Traffic Signal at 13th&Kellogg
Molly Helmers
to:
Gloria J Betcher
10/11/2016 11:34 AM
Cc:
bobanncamp, GartinForAmes, pforazem, nelson.ames, amber.corrieri, schultes,
bronwynforames, dvoss
Hide Details
From: Molly Helmers <molly.helmers@gmail.com> Sort List...
To: Gloria J Betcher<gloriabetcherward 1 @gmail.com>
Cc: bobanncamp@aol.com, GartinForAmes@gmail.com,pforazem@gmail.com,
nelson.ames@outlook.com, amber.corrieri@gmail.com, schultes@iastate.edu,
bronwynforames@gmail.com, dvoss@city.ames.ia.us
Gloria:
I understand a staff report regarding the temporary traffic signal at 13th& Kellogg is on tonight's
council agenda. As you may know, I live in the North Old Town neighborhood, am a parent who walks
children to Meeker Elementary, and am a member of the group of neighbors and hospital/medical
administrators who meet quarterly to discuss issues affecting the HM Zone and surrounding
neighborhoods. I am unable to attend tonight's meeting but encourage the council to pursue a traffic
study - and subsequent discussion- that takes into consideration not only vehicle use and accidents but
also traffic patterns in the surrounding neighborhoods as well as safe routes to school.
I would reiterate three arguments in favor of the permanent signal, all of which consider quality of life
for residents and the safety of bikers and pedestrians, including school-age children.
The speeds of traffic along 13th Street make it difficult and at times unsafe for McFarland traffic to enter
or exit the intersection.
The McFarland representatives on our committee were in agreement that the signal helped facilitate
patient access to/from the clinic off of 13th, especially for cars turning left out of the lot. Residents
across the street from the clinic have also commented on the importance of the signal in slowing down
traffic between Grand and Duff.
It is nearby residents' desire not to encourage traffic to enter or exit the medical campus through the
neighborhoods along 1Ith or 12th Streets.
This has been an ongoing concern of residents west of the medical campus. Having a traffic signal
facilitates access to 13th, especially for patients and staff heading west. In the past it was common for
cars to exit the campus at 12th &Kellogg and take 12th Street west to Grand through the neighborhood.
The volume of traffic on residential streets is a concern, as is pedestrian safety. 12th Street does not have
continuous sidewalks so most pedestrians, including children and parents with strollers, walk in the
street.
The signal offers a safe point for bikers and pedestrians crossing 13th especially students on their way
to/from Meeker Elementary School.
As a parent who walks children to school, I much prefer crossing at the intersection. The crosswalk at
the fire station is mid-block, and light changes are rare and not anticipated- or easily seen during
morning hours when drivers are heading east into the sun. We have had more than one near-miss at that
cross walk. Crossing at the defined intersection heightens visibility and driver-awareness of the school crossing.
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Thanks in advance for considering these points during tonight's discussion.
Molly Helmers
1127 Burnett Ave
file:///C:[Users/diane.voss/AppData/Local/Temp/notesFFF692/—web5522.htm 10/11/2016