HomeMy WebLinkAboutA009 - Letter dated May 19, 2022 to Story County Recorder's Office Aft—
V
Ames
Smart Choice
May 19, 2022
Ms. Stacie Herridge
Story County Recorder
P.O. Box 55
Nevada, Iowa 50201
Dear Stacie:
Please record the following documents and return same to the City Clerk's office:
- Ordinance No. 4462 rezoning property located at 3210 Cedar Lane
- Proof of Publication regarding Ordinance No. 4462
- Proof of Publication regarding Notice of Hearing for above-referenced rezoning
- Zoning Map
- Rezoning Agreement with Master Plan
Thank you for your assistance.
Sincerely,
&WW
Amy Colwell
Deputy City Clerk
/alc
Enclosures
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:City Clerk's Office,515 Clark Avenue,Ames,IA 50010 Phone:515-239-5105
Return to:Ames City Clerk,P.O.Box 511,Ames,IA 50010
ORDINANCE NO. 4462
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 3210 Cedar Lane, is rezoned with a Master Plan from Agricultural "A" to
Floating Suburban - Residential Low Density (FS-RL) with a Planned Unit Development (PUD)
Overlay.
Real Estate Description: PARCEL 'X' A TRACT OF LAND IN THE NORTHWEST
QUARTER(NW1/4) OF THE NORTHEAST QUARTER(NE1/4) OF SECTION TENTY-ONE
(21),TOWNSHIP EIGHTY-THREE(83)NORTH,RANGE TENTY-FOUR(24)WEST OF THE
5h` P.M., AMES, STORY COUNTY, IOWA, AS SHOWN ON THE PLAT OF SURVEY -
BOUNDARY LINE ADJUSTMENT AS ATTACHED TO THE SURVEYOR'S A.FFIDAVIDT
FILED IN THE OFFICE OF THE RECORDER OF STORY COUNTY,IOWA,ON JUNE 23,2020,
AS INSTRUMENT NO. 2020-06792.
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.
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.
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.
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 10`f'day of May, 2022.
Diane R. Voss, City Clerk John A. Haila, Mayor
2
Proof Of Publication in
THE AMES TRIBUNE
#1450269
LEGAL NOTICE
You are hereby notified that the
City Council of the City of Ames.
Story County, Iowa,will meet at 6
p.m.on April 12,2022.in the Coun-
CITY OF AMES cil Chambers of City Hall,515 Clark
Avenue.Ames.Iowa,to consider a
515 CLARK AVENUE proposed amendment to the Offi-
AMES,IA 500100811 cial zoning Map of the City of
Ames,Iowa,by changing the boun-
daries of the districts as shown on
said map as provided in Section
29.1507 of the Municipal Code of
STATE OF WISCONSIN,BROWN COUNTY the City of Ames.Iowa,as follows:
That the following described real
estate, generally located at 3210Cedar Lane, is proposed to be
be
on oath depose and say rezoned with a Master Plan by or-
that I am the Legal Clerk of THE AMES TRIBUNE,a daily dinance from Agricultural "A" tc
Floating Suburban - Residential
newspaper,published at;Ames.Story County,Iowa that the Low Density(FS-RL)with a Planned
annexed printed: Unit Development(PUD)overlay.
Reid Estate Desc ip6me PARCEL
'X' A TRACT OF LAND IN THE
NORTHWEST QUARTER(NWl/4)OF
CITY OF AMES THE NORTHEAST QUARTER(NEl/4)
OF SECTION TENTY-ONE (21).
3210 Cedar Lane PH Notice TOWNSHIP EIGHTY-THREE (83)
NORTH, RANGE TENTY-FOUR (24)
WEST OF THE 5TH P.M- AMES,
STORY COUNTY,IOWA,AS SHOWN
was published in said newspaper 1 time(s)in issues dated: ON THE PLAT OF SURVEY - BOUN-
DARY LINE ADJUSTMENT AS AT-
TACHED TO THE SURVEYOR'S
April 05,2022 AFFIDAVIDT FILED IN THE OFFICE
OF THE RECORDER OF STORY
COUNTY, IOWA,ON JUNE 23,2020,
the last day of said publication being the AS INSTRUMENT NO. 2020-06792.
5th day of April,2022 ALL THAT PART OF THE NORTH-
WEST QUARTER OF THE SOUTH-
EAST QUARTER OF SECTION 21.
TOWNSHIP 83 NORTH, RANGE 24
WEST OF THE 5TH P.M.,IOWA,LY-
ING WEST Of THE CENTERLINE OF
THE ABANDONED C. & N.W. RAIL-
ROAD RIGHT-OF-WAY. ALL THAT
PART OF THE NORTHEAST QUAR-
TER OF THE NORTHEAST QUARTER
OF SECTION 21, TOWNSHIP 83
NORTH, RANGE 24 WEST OF THE
57H P.M.. IOWA. LYING WEST OF
THE CENTERLINE OF THE ABAN-
DONED C.&N.W.RAILROAD RIGHT-
OF-WAY EXCEPT, ALL OF VILLAGE
PARK SUBDIVISION AS RECORDED
IN INST.02016-09359 IN THE OFFICE
OF THE RECORDER OF STORY
COUNTY,IOWA.PARCEL'R'A PART
!, OF LOT 3 IN THE SUBDIVISION OF
THE NORTHEAST QUARTER AND
- THE NORTH HALF OF THE SOUTH-
`. i EAST QUARTER,AND PART OF THE
VACATED C.&N.W.RAILROAD,ALL
Legal CIe IN SECTION 21. TOWNSHIP 8.3
NORTH,RANGE 24 WEST OF THE 5T
H P.M.,STORY COUNTY, IOWA.AS
SHOWIN IN INSTRUCMENT 92012-
it A ` 12942 IN THE OFFICE OF THE RECRD
V(� OF STORY COUNTY,IOWA.
You are hereby notified that the
Notary Public, tat of isconsin,County of Brown proposed ordinance making such a
change is on file in the Office of
the City Clerk. Any parties in inter-
est and citizens may appear at the
April 12, 2022, Council meeting to
testify for or against the proposed
My commission expires ordinance. Written testimony will
also be accepted.
sworn to before me and subscribed in my presence by this the 5th
Diane R.Voss,City clerk
day of April,2022
Published in the Ames Tribune on
April 5.2022(1T)
FEE: S42.31 AMY KOKOTT
AD#: 0001450269 Notary Public
ACCT: 33408
State of Wisconsin
Page 1 of 1
Proof Of Publication in
THE AMES TRIBUNE
91454149 Section 3: This ordinance is in
ORDINANCE NO.4462 full force and effect from and At.
ter its adoption and Publication as
AN ORDINANCE AMENDING THE Provided by lave.
OFFICIAL ZONING MAP OF THE ADOPTED THIS IOth day of May.
CITY OF AMES,IOWA,AS PROVID- 2022.
CITY OF AMES ED FOR IN SECTION 2%301 OF THE
MUNICIPAL CODE Of THE CRY OF Diane R.Voss.City Clerk
515 CLARK AVENUE AMES. IOWA. eY CHANGING THE John A.Haila.Mayor
AMES,IA 500100811 804JNDARIES OF THE DISTRICTS
ESTABLISHED AND SHOWN ON Published in the Ames Tribune on
SAID MAP AS PROVIDED IN SEC- May 11,2022(IT)
TION 2%1507 OF THE MUNICIPAL
CODE Of THE CITY OF AMES, 10-
STATE OF WISCONSIN,BROWN COUNTY WA; REPEALING ALL ORDINANCES
AND PARTS OF ORDINANCES IN
CONFLICT HEREWITH AND ESTAB-
/�.
on oath de n p ose and say LISHING AN EFFECTIVE DATE
that I am the Legal Clerk of THE AMES TRIBUNE,a daily BE IT HEREBY ORDAINED bi me
City Council of the City of Ames.
newspaper,published at:Ames,Story County,Iowa that the Iowa:
annexed printed: 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
CITY OF AMES
chnnginr the boundaries or the
Ordinance 4462 Rezoning 3210 Cedar Lane districts established and shown
on said Man in the manner au-
thorized by Section 29.1507 of the-
MunICIPal Code of the City of
was published in said newspaper 1 time(s)in issues dated: Ames, Iowa, as follows: That the
raft eStatr, generally loaatevl at
3210 Cedar Lane,is rezoned with a
May 13,2022 Master Ptan from Agricultural*'A-
to Floating Suburban -Residential
Low Density (FS-RL) with a Plan-
the last day of said publication being the ned Unit Development(PUD)over-
13th day of May,2022 lay.
Real Estate Desedptiom PARCEL
'X' A TRACT OF LAND IN THE
NORTHWEST QUARTER(NW1/4)OF
THE NORTHEAST QUARTER(NE1;4)
OF SECTION TENTY-ONE (21),
TOWNSHIP EIGHTY-THREE (83)
NORTH, RANGE TENTY-FOUR (24)
WEST OF THE STH P.M., AMES,
STORY COUNTY,IOWA.AS SHOWN
ON THE PLAT OF SURVEY -BOUN-
DARY LINE ADJUSTMENT AS AT-
TACHED TO THE SURVEYOR'S
AFFIDAVIDT FILED IN THE OFFICE
OF THE RECORDER OF STORY
COUNTY, IOWA, ON TUNE 23.2020.
AS INSTRUMENT NO. 1020.06792_
7 ALL THAT PART OF THE NORTH-
WEST QUARTER OF THE SOUTH
FAST QUARTER OF SECTION 21,
TOWNSHIP 63 NORTH, RANGE 24
WEST OF THE STH P.M.,IOWA.LY.
ING WEST OF THE CENTERLINE OF
THE ABANDONED C. & N.W. RAIL-
ROAD RIGHT-OF-WAY. ALL THAT
L rk PART OF THE NORTHEAST QUAR-
TER OF THE NORTHEAST QUARTER
OF SECTION 21. TOWNSHIP 83
NORTH, RANGE 24 WEST OF THE
A / STH P.M.. IOWA. LYING NEST OF
l� THE CENTERLINE OF THE ABAN-
DONEO C.X N-W.RAILROAD RIGHT-
Notary ,bli ,State Oolonsm,County of Brown OF-ViAY EXCEPT, ALL OF VILLAGE
PARK SUBDIVISION AS RECORDED
IN INST. 92016.09359 IN THE Of-
i� FICE OF THE RECORDER OF STORY
l, t... COUNTY,IOWA.PARCEL'R'A PART
My com ssion expir 5 OF LOT 3 IN THE SU801VISION OF
THE NORTHEAST QUARTER AND
THE NORTH HALF Of THE SOUTH-
sworn to before me and subscribed in my presence by this the EAST QUARTER, AND PART OF THE
VACATED C.1L N.W.RAILROAD,ALL
13th day of May,2022 IN SECTION 21. TOWNSHIP 83
NORTH,RANGE 24 WEST OF THE 57
H P.M.,STORY COUNTY. IOWA.AS
SHOWN IN INSTRUMENT #2012-
12842 IN THE OFFICE Of THE RE-
FEE: $40.30 CORDER OF STORY COUNTY,IOWA.
A M Y K O K O T T Section 2. All other ordinances
AD#: 0001454149 and Parts of ordinances in conflict
ACCT: 33408 Notary Public hrn•voth are hereby rrix`aled to
fho orfonl n!c.,rn inn ll:rf
5tato of Wisconsin
Page 1 of 1
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} 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
G 500 1,000 Ames City Limits
Feet Ak I I
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 Enrterprises 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.r.. 1 ,2022, by Steven
W. Burgason, as Manager Burgason Fnterprises,
PIT' AMY L. COLWELL
WCommission Number e12138 ,
My «t,rnatlon Eq*w v
NOT UBLIC
Passed and approved on � 2022, by Resolution No. 22- a41
adopted by the City Council of the City of Ames, Iowa.
CITY OF AMES,IOWA
By:
John A. aila,Mayor v
Attes \\ �1,G+�1�.Qie V
o�
Diane R. Voss,City Clerk
STATE OF IOWA, COUNTY OF STORY,SS.:
This instrument was acknowledged before me on fN1C , 2022, by John A.
Haila and Diane R. Voss,as Mayor and City Clerk, respe ti ly,of the City of Ames, Iowa.
y AMY L. COLWELL LV��
,it Corrxnl Number d12138 My Wm 1
E NOT PUBLIC
LEGAL DESCRIPTION- Exhibit `A'
PARCEL'X'A TRACT OF LAND IN THE NORTHWEST QUARTER(NW1/4)OF THE
NORTHEAST QUARTER(NEI/4)OF SECTION TENTY-ONE(21), TOWNSHIP EIGHTY-
THREE(83)NORTH, RANGE TENTY-FOUR(24)WEST OF THE 5TH 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.
22
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