HomeMy WebLinkAboutA005 - Memo from Planning Director dated June 14, 2022 CITY OF
a MEMO
Ames
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To: Mayor and City Council
From: Kelly Diekmann, Planning & Housing Director
Date: June 14, 2022
Subject: Rezoning of 2105 Dayton Avenue — Zoning Agreement
On May 10, 2022, the City Council approved on first reading the rezoning of the
61.44-acre parcel at 2105 Dayton Avenue to General Industrial with a Master
Plan. The Master Plan designates 11.57 acres in the northwest corner of the
site as open space. This area will not be developed; the remainder of the site
will be developed with industrial uses.
The developer intends to subdivide the site into 13 lots. The site is part of a
proposal for an industrial subdivision with a development agreement with the
City that would utilize tax increment financing (TIF) for installation of
infrastructure. The development agreement related to TIF will occur at a
later time with subdivision approval.
The City requires a rezoning with a Master Plan be accompanied by a Zoning
Agreement signed by the property owner prior to the third reading of the
rezoning ordinance. The applicant will deliver to staff the attached Zoning
Agreement signed by the property owner in time for the third reading. This
agreement should be approved by the City Council before approving the
rezoning of third reading.
Planning&Housing Department 515.239.5400 main 515 Clark Ave.
Ames,IA 50010
www.CitdofAmes.org
SPACE ABOVE RESERVED FOR OFFICIAL USE
Legal description:See page 1.
Return document to: City Clerk,515 Clark Avenue,Ames IA 50010
Document prepared by: Mark O.Lambert,City ofAmes Legal Department,515 Clark Ave.,Ames,IA 50010—515-239-5146
ZONING AGREEMENT FOR ADOPTION OF
THE MASTER PLAN FOR 2105 & 2421 DAYTON AVENUE
THIS AGREEMENT,made and entered into this 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'/a) of Section Thirty-
six(36);the Northeast Quarter(NE'/4)of the Northeast Quarter(NE'/4),of Section
Thirty-six (36) except the North l rod and except a part of the NE'/4 of the NE'/4
of Sec. 36-T84N-R24W of the 5,h 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 NE'/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
S88041'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 that 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:
Charles E.Winkleblack,Manager
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on 2022, by Charles
E. Winkleblack, as Manager of Dayton Avenue Development, LLC.
NOTARY PUBLIC
Passed and approved on . 2022,by Resolution No. 22-
adopted by the City Council of the City of Ames,Iowa.
CITY OF AMES,IOWA
By:
John A. Haila,Mayor
Attest:
Diane R.Voss,City Clerk
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on , 2022,by John A.
Haila and Diane R. Voss, as Mayor and City Clerk,respectively,of the City of Ames, Iowa.
NOTARY PUBLIC
ATTACHMENT `A' -MASTER PLAN
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