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Home My WebLink AboutA007 - Rezoning Agreement for the Ansley Development (3210 Cedar Lane) Instrument 0: 2022-04969 05/23/2022 12: 19 45 PM Total Pages 8 00 OTHER Recording Fee $ 42.00 Stacie Herridge, Recorder , Story County Iowa 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 REZONING AGREEMENT FOR THE ANSLEY DEVELOPMENT (3210 CEDAR LANE) THIS AGREEMENT, made and entered into this 1C day of , 2022, by and between the City of Ames, Iowa(hereinafter called "City") and Burgason Enterprises L.L.C. (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 four parcels of real property, constituting approximately 58.7 acres located within the vicinity of 3210 Cedar Lane (collectively referred to hereinafter as the "Site")and legally described as: [See attached Exhibit `A' for legal description]. WHEREAS, the Site has a Residential Neighborhood 3 (RN-3) designation in the Ames Plat 2040 and is zoned currently as"A"Agricultural and the Developer is seeking rezoning of the Site to Floating Suburban — Residential Low Density (FS-RL) with a "PUD" Planned Unit Overlay; 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; and WHEREAS, the Developer has submitted a Master Plan (named the "Ansley Master Plan")in conformance with the requirements set forth in Ames Municipal Code section 29.1507(4) and the requirements of 29.1114 (PUD Overlay); 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. ANSLEY MASTER PLAN ADOPTED The Master Plan, which is dated April 25, 2022, and is on file with the Department of Planning and Housing, a portion of which (pages 10 and 11) is set forth at Attachment B and incorporated by reference in this agreement shall be the Master Plan for the Site. Developer agrees that all development upon the Site shall comply with the Master Plan on file with the Department. Developer further agrees and that: (A)The Site is within the Xenia rural water service territory and Developer is solely responsible to pay all costs, fees and expenses associated with or otherwise required by the territory buyouts. The applicants further agree to transfer to the City all service territory prior to City Council approval of any future Preliminary Plat upon any portion of the Site. Developer understands that terms of the territory buyout with Xenia are included in a document known as the Agreement for Water Service and Territory Transfer between the City of Ames and Xenia with an effective day of February 1, 2022, and recorded as Instrument No. 2022-01065. (B)Developer shall assume all financial responsibility for road improvements to Cedar Lane required by the City for development of the Site, including offsite improvements to the frontage between the north and south areas of the site. Developer agrees to make improvements required by the City to Cedar Lane and further agrees to dedicate rights-of-way as determined appropriate by the City at the time of Preliminary Plat approval. The City and Developer shall enter into a subsequent Subdivision Developer Agreement to memorialize the City's requirements related to public improvements and timing. Nothing contained in this agreement shall supersede or modify any prior agreements with Iowa State University for its share of Cedar Lane improvements, as it is not a party to this Agreement. (C)Development of the Site shall not occur until such time as the City of Ames has approved a subdivision plat for the site. 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 develop the Site properly and completely 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 ) BURGASON ENTERPRISES,L.L.C. By. Steven W. Burgason,Manager STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on N,\0..,, l z , 2022,by Steven W. Burgason. as Manager Burgason Enterprises, L.L.C. AMY L.COLWELL Commission Number$12135 awe My C«rxrliss W Ewes NOT UBLIC Passed and approved on Nla� y 2022,by Resolution No. 22- a`t adopted by the City Council of the City of Ames, Iowa. CITY OF AMES,IOWA By: John A.haila,Mayor AttesQS,1,J,_,/)•r / ,, Diane R.Voss,City Clerk STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on �V\ , , 2022, by John A. Haila and Diane R.Voss,as Mayor and City Clerk, respe i ly,of the City of Ames, Iowa. AINY L.COLWELL , p �Comrttissbn Number a1213d o. Epee NOT PUBLIC LEGAL DESCRIPTION— Exhibit `A' PARCEL'X'A TRACT OF LAND IN THE NORTHWEST QUARTER(NW 1/4)OF THE NORTHEAST QUARTER(NE 1/4)OF SECTION TENTY-ONE(21),TOWNSHIP EIGHTY- THREE(83)NORTH, RANGE TENTY-FOUR(24)WEST OF THE 5T" P.M., AMES, STORY COUNTY, IOWA,AS SHOWN ON THE PLAT OF SURVEY- BOUNDARY LINE ADJUSTMENT AS ATTACHED TO THE SURVEYOR'S AFFIDAVIDT FILED IN THE OFFICE OF THE RECORDER OF STORY COUNTY, IOWA,ON JUNE 23,2020,AS INSTRUMENT NO. 2020-06792. -AND- ALL THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21,TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., IOWA, LYING WEST OF THE CENTERLINE OF THE ABANDONED C. &N.W. RAILROAD RIGHT-OF- WAY. -AND- ALL THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21,TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE 5TH P.M., IOWA, LYING WEST OF THE CENTERLINE OF THE ABANDONED C. &N.W. RAILROAD RIGHT-OF- WAY, EXCEPT ALL OF VILLAGE PARK SUBDIVISION AS RECORDED IN INST.#2016- 09359 IN THE OFFICE OF THE RECORDER OF STORY COUNTY, IOWA. -AND- PARCEL'R' A PART OF LOT 3 IN THE SUBDIVISION OF THE NORTHEAST QUARTER AND THE NORTH HALF OF THE SOUTHEAST QUARTER,AND PART OF THE VACATED C. &N.W. RAILROAD, ALL IN SECTION 21,TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5T H P.M., STORY COUNTY, IOWA,AS SHOWN IN INSTRUMENT #2012-12842 IN THE OFFICE OF THE RECORDER OF STORY COUNTY, IOWA. PORTION OF ANSLEY MASTER PLAN— Exhibit `B' Pages 10 and 11 of the Master Plan dated April 25, 2022, are attached. The Full Master Plan is filed with the City of Ames— Department of Planning and Housing. r,a�,rml�vuo� iawl�vuo� 3wAv vaomv Id �W u O A < at R1 R v. ♦ R 16 if 1 2 j L F Y cl • - I L---- I ; 's 3ArdOq awm r I / i D I I I ,IVOY N00),f • ^..-.v 1 i i 4� �r � i i Q i i �• I I i I i P I ' I I� I - OEM Ar O C07c7�,01lOOD —�Y �RD �f ■AKAW I��,�� Via.. Pffi—I ro � H ' 1 Q I F- O •' y Rezoning from "A" Agricultural to "FS-RL" Floating Suburban - Residential Low Density with a "PUD" Planned Unit Development Overlay 3210 Cedar Lane March 2, 2022 Legend 0 250 500 1,000 F=7] Ames City Limits Feet