The URL can be used to link to this page

Home My WebLink AboutA020 - Zoning Master Agreemetn for Adoption of the Master Plan for 507 Lincoln Way Instrument 0: 2020-03450 04/15/2020 12:48:37 PM Total Pages: 4 00 OTHER Recording Fee: $$ 22.00 Stacie Herridge, Recorder,)I,ri County'Iowa '�■ ,IIII III h'rr� ��May 4�KCh�� DO NOT WRITE IN THE SPACE ABOVE THIS LINE;RESERVED FOR RECORDER Prepared by: Mark O.Lambert,City of Ames Legal Department, 515 Clark Ave.,Ames,IA 50010;515-239-5146 Return to: Ames City Clerk,Ames City Hall,515 Clark Ave.,P.O.Box 511,Ames,IA 50010 ZONING AGREEMENT FOR ADOPTION OF THE MASTER PLAN FOR 507 LINCOLN WAY � ll(( THIS AGREEMENT, made and entered into this a� day of O , 2019, by and between the City of Ames, Iowa (hereinafter called "City") and W-S Properties LLC (hereinafter called "Developer"), its successors and assigns, both collectively being referred to as the "Parties," WITNESSETH THAT: WHEREAS, the Parties hereto desire the improvement and development of real property in the City of Ames, locally known as 507 Lincoln Way (hereinafter referred to as the "Site") and legally described as: Parcel `B," in Lots 1 and 2 of Block 48, Fourth Addition to the City of Ames, Iowa, as shown on the "Plat of Survey" filed in the office of the Recorder of Story County, Iowa, on the 23`d day of September 2019, and recorded as Instrument No. 2019-08809, in Book 645, at Page 6; and WHEREAS, the Site is designated on the City of Ames Land Use Policy Plan as Highway Commercial and the Developer is seeking rezoning of the Site from the current zoning of Downtown Gateway Commercial (DGC) to Highway-Oriented Commercial (HOC) with Master Plan; 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 must be submitted as part of this rezoning request as set forth in Ames Municipal Code section 29.1507; WHEREAS, the Developer has submitted a Master Plan in conformance with the requirements set forth in Ames Municipal Code section 29.1507(4); and WHEREAS, Ames Municipal Code section 29.1507(5) requires approval of 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. 507 LINCOLN WAY MASTER PLAN ADOPTED The Master Plan set forth at Attachment A and incorporated by reference in this agreement shall be the Master Plan for 507 Lincoln Way. Developer agrees that all development upon the Site shall be in compliance with the Master Plan with a single point of access from Gilchrist Drive and a single point of access from Lincoln Way. Developer agrees that the allowable uses at the Site shall be restricted to Office, Retail, and Entertainment, Restaurant and Recreational Trade uses. II. NON-INCLUSION OF OTHER OBLIGATIONS The Parties acknowledge and agree that this Agreement is being executed to fulfill a specific requirement of section 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 standards continue to apply to the Site. The Parties understand that the Master Plan adopts a general conceptual plan for development, without review or approval of specific subdivision plats or site plans for development of the Site. The Parties therefore acknowledge that the Master Plan adoption does not anticipate or incorporate all the additional approvals or requirements that may be required to properly and completely develop the Site and does not relieve the developer of compliance with other provisions of the Ames Municipal Code, the Iowa Code, SUDAS, or other federal, state or local laws or regulations. III. MODIFICATION OF AGREEMENT Any modifications or changes to the Master Plan shall be undertaken in accordance with the process provided for in Ames Municipal Code section 29.1507(5). 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 f o l l o w i n g p a g e ) W-S PROPERTIES,L.L.C. By: 0 6, L L I Charles E. Winkleblack,Manager STATE OF IOWA, COUNTY OF STORY, SS.- This instrument was acknowledged before me on "7 1?� _ , rL , M�, by Charles E. Winkleblack, as Manager of W-S Properties,L.L.C. JENN-IF"ER KAPAVI`� 1 Commission Numbsr,17Q'30 My Co.mission E.- � � NOT tom. Passed and approved on . 2019, by R4goiRtien No. adopted by the City Council of the City of Ames, Iowa. CITY OF AMES,IOWA By: v« John A.Haila,Mayor Diane R.Voss,City Clerk STATE OF IOWA, COUNTY OF STORY, SS.: I ,2 This instrument was acknowledged before me on " �� , 2019, by John A. Haila and Diane R. Voss, as Mayor and City Clerk, respectively, of the City of Ames, Iowa. OAS.< AMY L.CO LWELL ;Commission Number p812138 ACC �� 'NOTARr JUBLIC Attachment D- Master Plan V o� � I -nm i 1. �y I T C _.. I I I \ I A 11�