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Home My WebLink AboutA010 - Zoning Agreement fo Adoption of the Master Plan for 802 Delaware Avenue Instrument 0: 2022-05504 06/07/2022 08:43:02 AM Total Pages 4 00 OTHER Recording Fee: $ 22.00 Stacie Herridge, Recorder, Story County Iowa III I�?I t'm K�ti��Iih� 1L IgILY�Z>'l14M'�� I II 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 LeN 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 802 DELAWARE AVENUE THIS AGREEMENT, made and entered into this o y thday of , 2022, by and between the City of Ames, Iowa (hereinafter called "City") and Penny LaA Townhomes, 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 802 Delaware Avenue(hereinafter referred to as the"Site") and legally described as: Parcel `D' in the Northeast Quarter of the Southeast Quarter(NE'/4-SE'/4), of Section 6, Township 83 North, Range 24 West of the 5`h P.M., as shown in the "Plat of Survey" filed in the office of the Recorder of Story County, Iowa, on the 41' day of April 1997, and recorded in Book 14, at Page 183, as Inst. No. 97-03179; and WHEREAS, the Site has an Established Residential Neighborhood 2 (RN2) designation in the Ames Plan 2040 and is zoned currently as"RL"Residential Low-Density and the Developer is seeking rezoning of the Site to Residential Medium-Density(RM)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. 802 DELAWARE AVENUE MASTER PLAN ADOPTED The Master Plan,which is set forth at Attachment A and incorporated by reference in this agreement, shall be the Master Plan for the Site. Developer agrees that all development upon the Site shall be in compliance with the Master Plan on file with the Department. Developer further agrees that: (A)No more than six(6)separate and distinct housing units will be developed and built on the Site. (B)A minimum of two(2)buildings shall be developed and built upon the Site. (C)Townhomes shall be the only allowable housing type upon the Site. H. 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 ) r— Dated May IBA , 2022. PENNY LANE TOWNHOMES, LLC r 13 �L'"kt�d By: Rena Sue Hall,Manager/Member Richard C ark Hall Jr., Manager/ er STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on , 2022, by Rena Sue Hall and Richard Clark Hall,Jr., both as Managers and Members of Penny Lane Townhomes, LLC. Z a � Comrmssioe Wider>s24644 My XLTT Commission Expires N P April 6. 2023 NOTARY PUBLI Passed and approved on 2022, by Resolution No. 22-.At4 adopted by the City Council of the City of Ames, Iowa. CITY OF ANIES, IOWA By: John A. Haila, Mayor /�/� /� A r ��/Y• Diane R.Voss,City Clerk NORTH"MA AVI. I r� ~ 1 I d � I - � yy I L 1 +� i r.of )"OIL �..;t. OIMWAR AVI, rr r 00, 1 --J