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Home My WebLink AboutA011 - Zoning Agreement for Adoption of Master Plan for 2105 Dayton Avenue and 2421 Dayton Avenue, Instrument No. 2022-06465 Instrument 0: 2022-06465 07/01/2022 09:06:45 AM Total Pages: 5 00 OTHER Recording Fee: $ 27.00 Stacie Herridge, Recorder , Story County Iowa mill V, LVE K9101,911hNIA1 W0,11111111 S P A C E ABOVE RESERVED FOR OFFICIAL USE Leffal descri tion:See page 1. Cep Return document to: City Clerk,515 Clark Avenue,Ames IA 50010 Document prepared by: Mark O.Lambert,City ofAmes Legal Department,515 C1arkAve,Ames,IA 50010—515-239-5146 ZONING AGREEMENT FOR ADOPTION OF THE MASTER PLAN FOR 2105 & 2421 DAYT/ON AVENUE THIS AGREEMENT, made and entered into this /`1I- day of June 2022, by and between the City of Ames, Iowa, (hereinafter "City") and Dayton Avenue Development, LLC, (hereinafter "Developer"), an Iowa limited liability company, 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 2105 and 2421 Dayton Avenue (hereinafter referred to as the "Site") and legally described as: The Southeast Quarter (SE'/4) of the Northeast Quarter(NE'/4) of Section Thirty- six (36); the Northeast Quarter (NE'/4) of the Northeast Quarter (NE'/4), of Section Thirty-six (36) except the North 1 rod and except a part of the NEl/4 of the NE'/4 of Sec. 36-T84N-R24W of the 51 P.M., Story County, Iowa, described as follows: Beginning at a point on the East line, 16.5 feet South of the NE Corner of said NE'/4 of the NEl/4; thence N88°41'W 925.0 feet,parallel and 16.5 feet distant from the North line of said NE'/4 of the NE'/4; thence South 275.0 feet, thence S88°41'E 925.0 feet to the East line of said NE%4 of the NE'/4; thence North 275.0 feet to the point of beginning; and WHEREAS, the City approved the annexation of the property on February 22, 2022, by Resolution No. 22-097, which was received and filed by the Iowa Secretary of State on or about April 6, 2022, as required by Iowa Code §368.7; and WHEREAS, the Site is designated on the Ames Plan 2040 as Employment, which has an allowable zoning category of General Industrial, and the Developer is seeking rezoning of the Site from the current zoning of Agricultural (A) to General Industrial (GI) 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 §29.1507; WHEREAS, the Developer has submitted a Master Plan in conformance with the requirements set forth in Ames Municipal Code §29.1507(4); and WHEREAS, Ames Municipal Code §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. 2105 & 2421 DAYTON AVENUE MASTER PLAN ADOPTED The Master Plan set forth at Attachment A and incorporated by reference in this agreement shall be the Master Plan for 2105 & 2421 Dayton Avenue. 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. The Master Plan designates the portion of the property which is to be developed and that portion of the property that is to remain open and undeveloped. II. NON-INCLUSION OF OTHER OBLIGATIONS The Parties acknowledge and agree that this Agreement is being executed to fulfill a specific requirement of §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 §29.1507(5). The terms of all prior Agreements affecting this Property in which the City is a party, including any pre-annexation agreements, are hereby reaffirmed in their entirety. 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 ) DAYTON AVENUE DEVELOPMENT,LLC By. Ou '�6L'I'd Charles E.Winkleblack,Manager STATE OF IOWA,COUNTY OF STORY, SS.: , - This instrument was acknowledged before me on el �� ,2022,by Charles E. Winkleblack, as Manager of Dayton Avenue Development, LLC. �.P �a JENNIFER KAPAUN :°'10 .Commission Number 783061 MY Com iseion Wres NOTARY PUBLIC Passed and approved on 14 2022,by Resolution No. 22- 3 �4 adopted by the City Counc114 the City of Ames, Iowa. CITY OF AMES,IOWA r By. John A.Haila,Mayor Attesttju�n )� Diane R.Voss,City Clerk STATE OF IOWA,COUNTY OF STORY, SS.: This instrument was acknowledged before me on 4 12022,by John A. Haila and Diane R. Voss, as Mayor and City Clerk,res ctively, of the City of Ames, Iowa. 4-.,W", %ALAMY L. COLWELL Commission�Number 812138 * MyCri,is Exorm �R"Oj C40TAIPUBLIC ATTACHMENT `A' -MASTER PLAN zx _ y OW a m o a a N ZA l 4 J j \ 'ICY'yt` 0 1 Orr; t f t � i c 'a W as 4 Q ZO