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HomeMy WebLinkAboutA009 - Letter to Story County Recorder dated June 3, 2022 CITY OF g Ames Smart Choice June 3, 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. 4463 rezoning property located at 802 Delaware Avenue - Proof of Publication regarding Ordinance No. 4463 - Proof of Publication regarding Notice of Hearing for above-referenced rezoning - Zoning Agreement with Master Plan Thank you for your assistance. Sincerely, 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 811,Ames,IA 50010 ORDINANCE NO. 4463 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 802 Delaware Avenue, is rezoned with a Master Plan from Residential Low- Density"RL"to Residential Medium-Density "RM". Real Estate Description: Parcel "D"Part of the Northeast Quarter of the Southeast Quarter of Section 6. Township 83 North,Range 24 West of the 5t'p.m.,Ames, 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 Section 2: All other ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.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 24th day of May, 2022. Diane R. Voss, City Clerk John A. Haila, Mayor Proof Of Publication in THE AMES TRIBUNE #1451453 LEGAL NOTICE You are hereby notified that the City Council of the City of Ames, story County,Iowa,will meet at 6 CITY OF AMES p.m.on April 26,2022,in the Coun- cil Chambers of City Hall, 515 515 CLARK AVENUE Clark Avenue,Ames,Iowa,to con- AMES,IA 500100811 sider a proposed amendment to the Official Zoning Map of the City of Ames, Iowa, by changing the boundaries of the districts as STATE OF WISCONSIN,BROWN COUNTY shown on said map as provided in Section 29.1507 of the Municipal Code of the City of Ames,Iowa,as follows:That the following descri- bed real estate,generally located on oath depose and say at 802 Delaware Avenue, is pro- that I am the Legal Clerk of THE AMES TRIBUNE,a daily posed to be rezoned with a Mas- ter Plan by ordinance from Resi- newspaper,published at;Ames,Story County,Iowa that the dential Low-Density "RL" to Resi- annexed printed: dential Medium-Density"RM". Real Estate Description: Parcel "D"Part of the Northeast Quarter of the Southeast Quarter of Sec- CITY OF AMES tion 6.Township 83 North, Range 802 Delaware Ave 24 West of the 5th p.m., Ames, Story County,Iowa You are hereby notified that the proposed ordinance making such a change is on file in the Office of was published in said newspaper 1 time(s)in issues dated: the City Clerk. Any parties in in- terest and citizens may appear at the April 26,2022,Council meeting April 15,2022 to testify for or against the Pro- posed ordinance. Written testi- the last day of said publication being the mony will also be accepted. 15th day of April,2022 Diane R.Voss,City Clerk Published in the Ames Tribune on April 15,2022(1T) Legal Cler i Notary Fo—ugfic,State f isconsin,County of Brown } My commiss n expires sworn to before me and subscribed in my presence by this the 15th day of April,2022 FEE: $21.67 AMY KOKOTT AD p: 0001451453 Notary Public ACCT: 33408 State Of Wisconsin Page 1 of 1 Proof Of Publication in THE AMES TRIBUNE *14W%B surer through. Iavra Judiciaf ORDINANCE NO.4463 Branch website at AN ORDINANCE AMENDMA THE https:d/www.iowacourU.Statg.W OFFICIAL ZONING MAP OF THE us/EFiie within 24 days after sefV- CITY OF AMES:IOWA,AS PBOVID- ice of this Original Notice upon ED FOR IN SECTION 29401 OF THE you. If you do not,judgment may CITY OF AMES MUNICIPAL CODE OF THE CITY OF be rendered against you for the AMES, IOWA. BY CHANOM THE relief demand in the petition. 515 CLARK AVENUE BOUNDARIES Of THE DISTRICTS IF YOU DEITY THE CLAIM AND AP- AMES,IA 500100811 ESTABLISHED AND SHOWN ON PEAR by filing a motion and an- SAID MAP AS PROVIDED IN SEC- swer within 20 days after service TION MIS07 OF THE MUNICIPAL of the Original Notice upon you, CODE I F THE.CITY OF AMES,IO- you will then receive electronic STATE OF WISCONSIN.BROWN COUNTY WA;REPEALING ALL ORDINANCES notification through the Iowa Elec- AND PARTS OF ORDINANCES IN tronic Document Management CONFLICT HEREWITH AND FSTAB- Systern of the place and time as- LI5HING AN EFFECTIVE DATE signed for hearing. IF YOU ARE BEARING IMPAIRED, on oath depose and say BE IT HERESY ORDAINED by the CALL RELAY IOWA TTY AT 1-800- that I am the Legal Clerk of THE AMES TRIBUNE,a daily City Council of the City of Ames, 735.2442, CLERK OF COURT,POLK Iowa.- COUNTY COURTHOUSE. DES newspaper,published at;Ames,Story County,Iowa that the section 1- The Official zoning MOINES, IOWA. IMPORTANT: YOL annexed printed: Mao of the City of Ames,Iowa,as ARE ADVISED TO SEEK LEGAL AD- Provided fcr In Section 29.301 of VICE AT ONCE TO PROTECT YOUR the Municipal Code of the City of INTERESTS. Ames,Iowa.,Is amended by cttang- CITY OF AMES ing the boundaries of the districts Published in the Ames Tribune on established and shown on said May 27,2022(IT) Ordinance No 4463 Map In the manner auuiorimd by Section 29.1507 of the Municipal Code Of the City of Ames,Iowa,as follows_That the real estate,gen- was published in said newspaper 1 time(s)in issues dated: erafly located at 802 Delaware Avenue,is rEzoned with a!.taster Plan from Residential Low-Density May 27,2022 "RL^ to Residential Medium- Density"RMI. Real Estate Descriptlow Parcel"D" the last day of said publication being the Part of the northeast Quarter of 27th day of May,2022 5 Toownsships 83Q North,oR ngel 24 West of the 5th p.m.,Ames,Story County.Iowa, Section 2: All other ordinances and parts of ordinances In conflict herewith. are hereby revealed to the extent of Such conflict. Section 3. This ordinance Is In full force and effect from and af- ter its adoption and publication as provided by law. ADOPTED THIS 24th day of May. 2022. Diane R.Voss,City Clerk John A.Roita.Mayor IN THE IOWA DISTRICT C04JRT IN AND FOR STORY COUNTY ORIGINAL M0710E Legal Cie Alexander I.C. Plaintiff vs. Laura Angetesia Bragg. Defendant Notary Pu tic, tote f i consin,County of Brown Case No:LACL12S224 S filed August 22.2014 TO THE ABOVE NAMED DEFEND- ANTS: You are notified that a petf- My commiss n expires tion has been filed in the office of the Clerk of this.Court naming you as Defendant In this action.which L )/167 sworn to before me and subscribed in my presence by this the Petition prays for judgment 27th day of May,2022 against the Defendant far an Y Y, amount due Alexander LC_ The attorney for the Plaintiff is Justin J Randall of McCormick & Assoc.,P.C.whose address is 80E A M Y K O K O T T lath SL West Des Moines,IA.That FEE: $46.34 attomey"s phone number is(53S) AD#: 0001455568 Notary Public 279-4100; facsimile number(515) 277-0020. ACCT: 33408 State of Wisconsin UNLESS YOU APPEAR by com- MAC—AM filinn a PJAMinn nr A - Page 1 of 1 Instrumsnt 4: 2022-05504 06/07/2022 08 43 02 An Total Pages 4 00 OTHER Recording Fee s 22 00 Stacle Harridge, Recorder, Story County Iowa Bill Ni no kaLflrml`*L HILIVA II 111 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 LPryJ) Retum to: Ames City Clerk Ames City Hall 515 Clark Ave,P O Sox 511.Ames,[A 50010 ZONING AGREEMENT FOR ADOPTION OF THE MASTER PLAN FOR 802 DELAWARE AVENUE THIS AGREEMENT, made and entered into this c�y day of�MM4, 2022, by and between the City of Ames, Iowa (hereinafter called "City") and Penny LaI4 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 51h P.M., as shown in the "Plat of Survey" filed in the office of the Recorder of Story County, Iowa, on the 4"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 2022-05504 00 06/07/2022 08:43:02 AM Page 2 of 4 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: 1. 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 I1. 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. Ill. 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 ) 2022-05504 00 06/07/2022 08:43:02 AM Page 3 of 4 Dated May is" '2022, PENNY LANE TOWNHOMES,LLC r B By: Rena Sue Hall,Manager/Member Richard Clark 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 CaNAT �vnit+ion Mn+bsr r!?•644 My Commnsan E�pwes jq T 21 Z" r116.2923 -- NOTARY PUBLI Passed and approved on 2022,by Resolution No.22-02V-0 adopted by the City Council of the City of Ames,Iowa CITY OF AMES,IOWA By: John A.Hails,Mayor r Diane R.Voss,City Clerk IRA A' —14 3nV]1t9MVl�q t� Ufa g `cd t W + m � i iY d _ I 'lAV VLONVA 141WON Mw a.