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Home My WebLink AboutA003 - Rezoning Agreement for the Bluffs at Dankbar Farms dated January 10, 2023 Instrument 9: 2023.-00321 )1/17/2023 09:34 50 W! Total Pagec o )0 OTHER gecording Fee $ 47 00 tacie Herridge, Recorder , Story County Iowa A"� 4;��1�+11� W�f1�a'r(��1j (Ni�Nll Ch�'111 ®III SPACE ABOVE RESERVED FOR OFFICIAL USE Legal description: See page 7. 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 REZONING AGREEMENT FOR THE BLUFFS AT DANKgAR FARMS DEVELOPMENT THIS AGREEMENT,made and entered into this �6 1-4- day of January,2023,by and between R. Friedrich and Sons, Inc. and Friedrich Land Development Company, L.L.C. (hereinafter called the "Developers"), the City of Ames, Iowa (hereinafter called the"City") its successors and assigns, both collectively being referred to as the"Parties," WITNESSETH THAT: WHEREAS, the Parties hereto desire the improvement and development of three parcels' of real property, located within the vicinity of Cameron School Road and GW Carver Avenue (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) and Commercial Core designation within the Ames Plan 2040 and is zoned currently as "A" Agricultural and the Developer is seeking rezoning of portions the Site to three different zoning designations: Floating Suburban—Residential Low Density(F-S RL), Floating Suburban — Residential Medium Density (F-S RM), and 20 acres of the site remaining as "A" Agricultural zoning. Zoning classifications shall be as set forth in the rezoning ordinance adopted by the City Council. 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, 1 Tax parcels 05-20-400-310, 05-20-400-140 and 05-20-400-230 (gross acres in total approximately 106.63/net acres 90.03) 1 i I safety and welfare, a Master Plan must be submitted as part of this rezoning request as set i forth in Ames Municipal Code section 29.1507; and WHEREAS,the Developers have submitted a Master Plan(named"The Bluffs at Dankbar Farms")in conformance with the requirements set forth in Ames Municipal Code section 29.1507(4); and i 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: 7• :MASTER PLAN ADOPTED The Master Plan,which is dated and is on file with the Department of Planning and Housing,is set forth at Attachment B and incorporated by reference in this agreement shall be the Master Plan for the Site. Developers agree that all development upon the Site shall comply with the Master Plan on file with the Department. Developers further agree that: (A)Water Infrastructure. The Site is within the Xenia Rural Water Service territory and Developer is solely responsible for development of water infrastructure to City of Ames standards as set forth in 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. Developers are responsible for the cost and expense of coordinating with Xenia for verification of adequate water flow, water pressure, water mains, fire hydrants and all related improvements needed to meet City standards. (B)Sanitary Sewer Infrastructure. As described in the Pre Annexation Agreement adopted February 22, 2022, and filed with the Story County Recorder on May 16, 2022, as Instrument No. 2022-04677, sanitary sewer capacity to the Site is limited. Developers shall continue to be bound by the terms of said Pre- Annexation Agreement, subject to the following determinations made by the City Municipal Engineer,which shall constitute limitations on the development of the Site: a. Within the Site, land to the west of the Everest Street extension zoned as FS-RM and FS-RL allows for development of up to 211 homes based upon projected flows of 63,300 gallons per day and a peak hour wet weather flow of 0.256 mgd; and b. Within the Site, land to the east of the Everest Street extension of approximately 20 acres is planned for future development of commercial, 2 residential, and or religious/institutional use. The reserved allocation is for approximately b acres of area with commercial use with flows of 30,000 gallons per day and 0.121 mgd of peak hour wet weather flow. The approximate remaining 14 acres of land is for residential or equivalent use with flows of 15,000 gallons a day or.061 mgd of peak hour flow; and C. As set forth in §29.1507(5), the City Council has authority to allow for an amendment to the Master Plan for the purpose of reallocating reservation of sanitary sewer capacity,which is processed as a zoning map amendment. Nothing herein shall be construed as to require City Council approval of any master plan amendment or make any assurances to Developer that City Council is bound to make any master plan amendment. All future development intensity and uses must be consistent with the limitations set forth herein. The Municipal Engineer shall make all determinations of consistency with the sanitary sewer capacity limitations. 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 and permitting requirements 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. BINDING EFFECT This Agreement shall be binding upon and insure to the benefit of the parties hereto, their heirs,successors and assigns and shall be recorded with the Recorder of Story County. Developers shall be jointly and severally liable to the City for each and every obligation imposed under the terms of this Agreement. 3 IV. MODIFICATIONS 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). I 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 ) I f k I i I i E! f i S 7 f i 4 i r 1 i 4 i DEVELOPERS: R.FRIEDRICH AND SONS,INC. By: K t At W.Fried Ach,President STATE OF IOWA,COUNTY OF STORY,SS.: ,( This instrument was acknowledged before me on�U� ,2023,by Kurt W. Friedrich,as President of R. Friedrich and Sons, Inc. KIMBERLY M.SEWALD N Y P LIC i �Commission Number 815619 My Commission Expires March 5, 2025 FRIEDRICH LAND DEVELOPMENT COMPANY,L.L.C. 4 By: Kurt .Frie ich anager STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on/� ,2 23, urt W. Friedrich,as Manager of Friedrich Land Development Ca L.L. c KIMBERLY M.SEWALD N ARY UBLIC Commission Number 815619 My Commission Expires March 5, 2025 5 Passed and approved on January 10, , 2023, by Resolution No. 23-021 adopted by the City Council of the City of Ames, Iowa. 3 CITY OF AMES, IOWA 0 B John A. Haila,Mayor Y Attest: Renee all,City Clerk STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on LOW% ,2023,by John A. Haila and Renee Hall, as Mayor and City Clerk,res ctively,o the City of Ames, Iowa. C YIN) NOT Y PUBLIC ��°` �r�, CARLY M.WATSQp _,° ;Commission Nk�nibw•2NN 6 LEGAL DESCRIPTION OF SITE - Exhibit `A' A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 20,TOWNSHIP 84 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES,STORY COUNTY, IOWA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE S00'07'56"E, 1324.70 FEET ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20 TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20;THENCE N89'58'20"W, 1309.52 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20 TO THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20;THENCE NOO-09'34"W, 1316.31 FEET ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20 TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20;THENCE N00'12'03"W, 947.18 FEET ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20;THENCE N89'50'40"E, 325.37 FEET TO THE SOUTHWEST CORNER OF PARCEL 'Q' IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20;THENCE S66'41'09"E, 35.81 FEET ALONG THE SOUTHERLY LINE OF SAID PARCEL'Q';THENCE N86-17'38"E,58.70 FEET ALONG THE SOUTHERLY LINE OF SAID PARCEL'Q'; THENCE S39'27'39"E, 316.30 FEET ALONG THE SOUTHERLY LINE OF SAID PARCEL'Q'TO THE SOUTHEAST CORNER THEREOF;THENCE N00'26'28"E, 588.47 FEETALONG THE EASTERLY LINE OF SAID PARCEL'Q'TO THE SOUTH RIGHT-OF-WAY LINE OF CAMERON SCHOOL ROAD;THENCE S89'43'31"E, 687.59 FEET TO THE WEST LINE OF JAMISON SUBDIVISION;THENCE S00'09'24"E, 267.94 FEET ALONG SAID WEST LINE TO THE SOUTHWEST CORNER OF SAID JAMISON SUBDIVISION;THENCE 589'39'45"E, 275.48 FEET ALONG THE SOUTH LINE OF SAID JAMISON SUBDIVISION;THENCE S89'45'30"E, 245.57 FEET ALONG THE SOUTH LINE OF SAID JAMISON SUBDIVISION TO THE SOUTHEAST CORNER THEREOF;THENCE N0O'09'30"W,250.90 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF CAMERON SCHOOL ROAD;THENCE S89'42'18"E, 730.64 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE WEST RIGHT-OF-WAY LINE OF GEORGE WASHINGTON CARVER AVENUE;THENCE SOO'06'04"E, 1263.86 FEET ALONG SAID RIGHT-OF- WAY LINE TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20;THENCE N89'14'47"W, 1250.56 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. 7 PORTION OF THE BL JIFFS AT DANKBAR FARMS MASTER PLAN I —Exhibit `B' i I f E i i E I i s 4 i i 8 IIAF MEREIAPR\OM712U33\CAD\UD\F IGR-12W33-MASTER PLAN." 11/7202210:50.51 AM �asxsSio££z m zs - _ Ei mmm �5�� a38 3a S' °� 3R £ m m z o mi nc� z ai< m W $?mgozia i,s„CWo 6 Paz o z r T m�000m ?cs DoQi - m i m D v D H o-, ogle&opep RH oc3EV --I T ^ ^ a HUM M mP£zvx a �$ oc- �gmgc > R a R zzf9 a o mal, : a„8 > 4 D � N � ! 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