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HomeMy WebLinkAboutA001 - Council Action Form dated June 13, 2023 ITEM #: 51 DATE: 06-13-23 DEPT: P&H COUNCIL ACTION FORM SUBJECT: REZONE THE PROPERTY AT 4098 EAST 13TH STREET FROM "PI" (PLANNED INDUSTRIAL) WITH THE NORTHEAST GATEWAY OVERLAY(O-GNE)TO "GI" (GENERAL INDUSTRIAL)WITH A MASTER PLAN AND REMOVING THE NORTHEAST GATEWAY OVERLAY (O- GNE). BACKGROUND: OPHIR Investments is requesting to rezone 55.18 acres of land located at 4098 East 13t" Street in Ames. (See Attachment A- Location Map). The property is currently zoned Planned Industrial "PI" with the Northeast Gateway Overlay "O-GNE". The requested zoning is General Industrial "GI". The land is currently farmland located on the south side of East 13t" Street. The requested rezoning would remove the O-GNE designation with the change to GI and Master Plan. (See Attachment B- Proposed Zoning) The proposed site was at one time under the same ownership of the developer that was approved to construct a regional mall and shopping center to the west of this site. The property was included in the annexation and rezoning activities for the commercial development, but no specific development project has ever been approved for this site. At the time of its rezoning to PI in January of 2009, City Council included the O-GNE Overlay to preserve options for design compatibility with planned commercial uses since no specific plan was approved for the site. The O-GNE is an overlay that only applies to land in this area east of 1-35 and was written to regulate the design and aesthetics of a regional shopping center. Ames Plan 2040, the City's comprehensive plan, designates the property as "Employment" (Emp.) (See Attachment C) Designations adjacent to the site include Regional Commercial for land to the west and for Residential development north of the site. Applicable zoning categories for Employment include the current PI zoning and the proposed GI zoning designation. PI allows for a range of industrial uses that are more selective compared to the proposed GI zoning and has slightly different development standards. GI allows for the broadest range of industrial types of use and in some cases more intensive industrial processing activities than PI. GI is the most common industrial zone in the City with warehouse, industrial service, manufacturing, and office uses. The zoning request is also desired by the owner in order to gain additional development square footage for a planned warehouse distribution facility and other office or industrial service uses. The proposal is accompanied by a Master Plan intended to define some use limitations and site design features. The details of the rezoning request from the applicant and accompanying Master Plan and included with Attachment D- Master Plan, Master Plan E. The proposed use of warehouse and freight handling, industrial services, and office is permitted in both the PI and GI zoning designations. However, the PI zone allows for a more limited version of warehouse and freight handling than GI. The applicant is seeking to rezone the site to allow for an arrangement of buildings that provides more space for building placement due to GI allowing for up to 85% building coverage with a 15% minimum landscape area requirement. This is more generous than the PI standards which require a minimum of 20% landscaping and have a maximum allowed impervious coverage limit of 70%. The applicant believes that with the additional square footage they can more effectively use the site with two buildings rather than one larger building. The developer intends to subdivide the site into two lots for development after the rezoning. One larger lot of approximately 42 acres and one smaller lot at approximately 12 acres. The Master Plan illustrates this intent, but a Preliminary and Final Plat is required to subdivide the site. The 12-acre piece would act as a transition to future commercial development to the west. The owner intends to build two warehouses on the larger future lot with small industrial services and offices on the second smaller lot. The Master Plan shows circulation in front of and between the warehouses as well as access from the future west lot to the east lot. In lieu of the mandatory design requirements of O-GNE, the developer is proposing to meet the intent of certain O-GNE requirements that would be applicable to all building types, not just retail buildings. This includes front yards and setbacks, building materials, landscaping modifications, and lighting with the Master Plan. Staff has agreed that the proposed O-GNE elements and use limits that are addressed within the Master Plan are adequate to address compatibility with any future commercial development to the west within the overlay. See the addendum for more details about the Master Plan. A rezoning agreement is accompanying the Master Plan. The site was approved for rezoning concurrent with approvals related to the regional mall development. The rezoning agreement for the mall site includes this site but did not include a concept plan or site plan for its use or specific development obligations related to this site other than the general references related to utility extensions along 13t" Street upon its development. Water currently exists along East 13t" street to the northwest corner of the site and then turns south and runs along the west property line. This water line can serve the site and will be extend east upon development of the site. Sanitary sewer does not exist to serve this site. Sewer main is planned to be extended by the City of Ames this year to the northwest corner of the site from the west along East 13t" Street. Sewer main that is not extended further along the subject site's frontage will then be extended by the developer to the eastern boundary of this site, as approved with a future subdivision plat. A condition of the master plan is to require a subdivision prior to development of the site. The Master Plan identifies access points to the site. Access is intended to be shared. A turning lane for truck movements will need to be added with the development of the site. The City's traffic engineer has accepted an access analysis and finds the additional lane widening on 13t" will accommodate the use. Planning & Zoning Commission Recommendation: At the May 17t" Planning & Zoning Commission meeting the Commission reviewed the proposed rezoning with Master Plan. One member of the public spoke at the hearing. Mark Gannon who represents land owners directly north of the proposed rezoning asked about impacts infrastructure related to land to the north and its ability to be annexed. He also had concerns about existing drainage that can pond up along 13t" Street (220t" within the County) and wanted to ensure that drainage that runs through the site is contained and managed properly to not impact upstream drainage areas and the road. The applicant's engineer stated that the site has detention and drainage flow planned to handle expected flows. A storm water plan will be prepared at the time of development. The Planning & Zoning Commission discussed the layout of the site and use differences between the zoning districts. The Commission voted 6-0 to recommend that the City Council approve the proposed rezoning with Master Plan with the condition that the final building facade requirements are finalized with staff prior to City Council consideration. The developer has since provided draft design requirements described in the addendum. ALTERNATIVES: 1. Approve on first reading the request to rezone the property located at 4098 East 13t" Street from "PI" (Planned Industrial) with the O-GNE (Northeast Gateway Overlay) to "GI" (General Industrial) with a Master Plan removing the O-GNE (Northeast Gateway Overlay) and require the applicant to sign a rezoning agreement for the Master Plan with the described design requirements prior to the third reading. 2. Deny the request to rezone the property located at 4098 East 13t" Street from "PI" (Planned Industrial) with the O-GNE (Northeast Gateway Overlay) to "GI" (General Industrial) with a Master Plan removing the O-GNE (Northeast Gateway Overlay). 3. Defer action on this item and refer back to staff or the applicant for further information to be reconsidered within 30 days. CITY MANAGER'S RECOMMENDED ACTION: The proposed GI zoning with Master Plan is found to be consistent with the Ames 2040 Comprehensive Plan and the underlying land use as described in the addendum. Impacts on infrastructure and City services for this parcel are minimal and consistent with what has been anticipated for development in this area. City staff believes the site can be compatibly developed for the proposed use if it is rezoned to "GI" as the existing industrial zoning of"PI" already permits the same proposed use. Typically GI would not be viewed as compatible with planned commercial uses and the potential for residential to be developed to the north due to its very basic zoning standards and allowable uses. The Master Plan limitations on uses and details regarding site layout the interface of the site with E 13t" Street mitigate these concerns for GI. The O-GNE was designed to address site design issues with the Kettleson Marsh located north of regional commercial land and with desired aesthetic and quality design features of a regional commercial center. These types of features do not readily translate to planned tilt up concrete construction for large distribution buildings. Since the site is not intended for pedestrian use and for shopping or entertainment uses, staff believes the compatibility features focused on the street frontage and basic building design elements are the important elements of the O-GNE that should still be addressed for the site. The proposed design language and Master Plan limitations do address these minimum compatibility requirements in relation to future commercial and residential uses that will be situated adjacent to the site. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1. Infrastructure improvements will be detailed out with a future subdivision approval for development of the site. Future Site Development Plans will be reviewed for conformance with the zoning standards and with the Master Plan. ADDENDUM Ames Plan 2040. The Future Land Use Map classifies the land proposed for rezoning as "Employment" (Emp). Plan 2040 does not use individual industrial classifications to prescribe the type of industrial zoning. It is incumbent upon a rezoning application review to determine the appropriate type of industrial zoning based upon intended use, use needs within the city, and the compatibility of the proposed use with adjacent existing and planned use. In the Land Use Guiding Principles sections on page 43 of Ames Plan 2040 Principles LU2 and LU5 both apply in this case along with the Employment Classification. (See Attachment C- Future Land Use Map and Employment Classification and Land Use Excerpt). These principles are: LU2- Compatibility with Flexibility. Ames land use pattern should minimize conflicts between adjacent land uses. Some land uses are inherently incompatible and should be separated. In other cases, a variety of design techniques where different uses and intensities meet can reduce incompatibilities and more successfully integrate different uses into a cohesive city environment. Homogeneous building form and uses are not necessarily the goal of the plan. Guidelines should provide developers with reasonable flexibility and room for innovation. LU5- Places for Employment and Enterprise. Ames will continue to provide appropriately located space for a wide range of enterprises that provide employment for existing and prospective residents. The City's planning for industrial uses includes large areas for expansion within the ISU Research Park and Prairie View Industrial Center. Additionally, small business, commercial office, and trade uses are planned for diverse locations across the City. Zoning standards will address design and use requirements recognizing the diverse needs and locations of employment uses. The Employment category includes "GI" (among other industrial categories) as an implementing zoning district. (see Attachment C—Future Land Use Map and Employment Classification and Land Use Excerpt). Some of the characteristics of the "Employment" (EMP)future land use designation ((See Attachment C) are: • Provide attractive and well-functioning settings for a range of industrial enterprises. • Building on Ames' natural and historic strength in research. • Minimize impact and external effects on City neighborhoods. • New large industrial development east of 1-35 • Planned facilities include large blocks and large sites • East scenario Tiers 3 and 4 have Planned Residential uses adjacent to this industrial area to the north of East 13t" Street. Consider future compatibility of use and traffic levels with industrial. The land is east of 1-35 where larger scale site development is anticipated. East 13th Street provides access directly to 1-35. Consideration of compatibility with site design and proposed uses is a critical component of the review and determination of consistency. The proposed rezoning contains industrial property that provides for new industrial development, and is located near some similar uses and large areas of undeveloped land. The Master Plan includes features that are designed to assist in compatibility with the planned uses to the west and north of the site, including future residential. Proposed Zoning. The applicant proposes rezoning from "PI" (Planned Industrial) with the O-GNE (Northeast Gateway Overlay) to "GI" (General Industrial) and removing the O-GNE overlay. The property to the south is zoned "PI" (Planned Industrial), the property to the west is zoned "PRC" (Planned Regional Commercial) with the O-GNE (Northeast Gateway Overlay). The property to the north and east is outside of the City limits. The "GI" zone is intended to allow industrial development including manufacturing, resource production, warehousing, and industrial service. IT allows for the most intensive types of industrial uses along with other office and industrial uses. Development is expected to be generally auto oriented, with access from major traffic ways. GI zoning includes no specific architectural standards; however a Master Plan has been included that includes architectural standards, among other items. GI zoning includes basic front, rear, and side setbacks. A developed site must include at least 15% of the area as landscaping. GI would require a 40-foot front setback from E. 13th, the proposed master plan will require a minimum setback of 50 feet, this is shown for the western portion of the site. However, the larger industrial building footprints on the Master Plan are depicted in the range of 175 feet from E. 13th Street. The Master Plan front yard landscaping and parking components that create the greater separation for the large industrial buildings than the minimum setbacks will be applied at the time of site plan review. The O-GNE, which is being removed, was primarily intended to be applied to commercial areas with regional shopping centers. The overlay has been applied to the "PI" industrial zoning at this location since 2000's. Given that the O-GNE addresses commercial designs it is not seen as critical to an industrial development to maintain the overlay given the associated Master Plan. The design elements that are incorporated into this Master Plan proposal will provide compatibility with any future commercial to the west where the overlay is being maintained. Master Plan. The proposed rezoning includes a Master Plan layout that will govern the placement of buildings, circulation of traffic, setbacks, landscaping and building fagade characteristics. As part of the rezoning at this location staff believes that some O-GNE standards applying to building materials and landscaping should be maintained to create compatibility with the future commercial development to the west in the O-GNE overlay. Any subsequent site development plan will need to comply with the Master Plan requirements. The developer presented draft language for design details to staff for review. The draft details of the Master Plan more specifically include: • The Master Plan will require the developer to provide building materials that provide accents on the corners of the building with high quality materials, emphasize front entrances, provide variation in roofline and fagade relief. Architectural metal panels may be permitted, exclusive metal siding or corrugated metal materials are prohibited. The overlay requires colors and textures using muted earth tones, this could be a requirement as well. • Building materials will consist of 75% of the primary building fagade being earthtone colored brick, architectural concrete panels with decorative reveals at joints, textured concrete block, or stone. Street facing facades shall incorporate a minimum of two materials for the purpose of having accent features. • Buildings facing public ROW shall consist of 20% non-reflective glass or glaze. • The loading docks on the warehouses will be prohibited from facing East 13tn Street and instead will face the center maneuvering area between the buildings. The loading docks will not be required to have extra screening as normally required due to the front yard setback distance with landscaping provided and being required to face away from East 13t" Street. • Landscaping will be provided in the front yard and other required areas and will be located near and around stormwater treatment areas in the front yard. • The minimum front setback will be 50 feet for buildings on the future west site. Greater setbacks are required for the larger industrial buildings in general conformance to the site layout with landscape and parking areas depicted on the Master Plan. Setbacks apply to buildings and outdoor storage areas. • The lighting provided on site will not be overly concentrated to one area. • There will be two large buildings on the warehouse property with three access points from East 13t" and access to loading areas between the buildings. Two smaller buildings will be located on the smaller west future lot with an access point aligned with 570t" Avenue. The ultimate design and locations will be determined during development review. Access will be shared. • Loading areas require a minimum 10% of the paved area as the basis for establishing landscaping requirements in and around the area. The Master Plan will allow for an equivalent area to be accounted for in other areas that are not immediately adjacent to the loading areas. This is permitted by approval of a Master Plan per Zoning Ordinance Section 29.403 (3) when the purposes of the landscape standards are met with an alternative design. The enhanced front yard area and separation assist in meeting the intent of the landscape percentage requirement for a loading area. • Uses of the site will be limited to warehouse and distribution facilities as described with the applicant narrative and to allow for office and industrial service uses for the western portion of the site. Existing Uses of Land. Land uses that occupy the subject property and other surrounding properties are described in the following table. Direction from Subject Property Existing Primary Land Uses Subject Property Farmland / Undeveloped Farmland/ Undeveloped North (single house in front of site that is not within the City) East Farmland/ Undeveloped South Farmland/ Undeveloped, Railroad and some rail siding, Barilla to the south West Farmland/ Undeveloped Infrastructure. Impacts on infrastructure and City services for this parcel are consistent with what is already anticipated for industrial use of the property. Public water runs along East 13t" Street to the northwest corner of this property from the west and then proceeds south along the west property line. Water main is planned to be extended to the east of the site. Areas adjacent to this site are currently part of Rural Iowa Utility Association rural water service territory. Public sewer will be extended along East 13t" Street from west of 1-35 to the northwest corner of this property to provide sewer service to this area east of 1-35. This project is capital improvement project by the City of Ames and will allow other uses in this area to be served in the future. Public Works has determined adequate sewer capacity exists to serve the site once sewer is installed. Any future extension of City utilities and connections will be at the property owner's expense. 18" Sewer main will be required to be extended across the entire frontage of the site to serve other potential future development in the area. East 13t" Street is classified as a Collector street in front of this site. A right turn lane will be constructed by the developer along the east bound side of East 13t" Street along the frontage of the site in conjunction with development. Findings of Fact. Based upon an analysis of the proposed rezoning and laws pertinent to the proposed map amendment, staff makes the following findings of fact: 1. The subject property is owned by OPHIR Investments. The rezoning request and statement of justification is included as Attachment E. 2. Ames Municipal Code Section 29.1507(1) allows the property owner to initiate an amendment to the Official Zoning Map. 3. The proposed rezoning with the master plan and the master plan limitations are consistent with the classification of "Employment" (Emp) identified on the Ames Plan 2040 Future Land Use Map described on page 63 and LU Principles #2 and #5. 4. Development in the "GI" zoning district requires a site plan review process to assure that such development and intensity of use assures a safe, functional, efficient, and environmentally sound operation. 5. Impacts on infrastructure and City services for this parcel is consistent with what is already anticipated for the area. Public Notice. The City provided mailed notice to all property owners within 200 feet of the subject property prior to the City Council meeting in accordance with the notification requirements of Chapter 29. Attachment A- Location & Zoning t r+� I %4118 East 13th Sheet rrent Zo>ung two - - - NE _ _ ___ _ _ _ _ - - - - - 13Ti`ST —______—_—_— —_—_—_—_—_—. _—_—_ '�~ _ —_ _—_—_—_—_—_—_—_ t G1 1 1 j '- 7 0 Legend 0rrrrY ZOmrr ���No.risut oattrnav ariY,Damc<•orr�•!s«29-t t091 4098 East 13th Street Zoning District AgFICUIt Current Zoning "PI" common O AptcJ—Zm9•a•!s«29.6001 cammrrert �• O-GNE Overlay -PCnroORpms lCa.mw0Y2aro•PRCK«29P[YI mdwtrw O CrrorY rp6KTl2an9•a•(s«29-901I -PHnns0lMdtHl2tri Pt•l.s«29.9021 -Ysvulra MvsMY 2bro•R fyoc 29.90s l SPtwrl Purpwr O l�r•m�w'NrpOrt asact-SG !mc29.t0021 STREETLABELS.ALL 9050"" RAlROADDEMERL s Attachment B- Proposed Zoning Designation i i I � II ' I I 4098 East 13tll Street Proposed Zoning "GI" °I i I.I rs.T_--------- ----- I -_---- --------T- — — _ n ;S-T = i 0 array zurms 4098 East 13th Street .�„ax`�,�„aA„,„a,a"����•"��"�I Q yRLs / Zoning District Agr t Proposed Zoning "GI„ artar. fw:cJVJ 7[fo'A'+,sac 29b001 Cam mrfCYl =Ppn FtR lCmmarCallara'PRC'Isac29ffi" w ' (O-GNE Removed) GeaayrAe.u12m.•0•fsa 299U„ I\V' -PRr,rap Ir W12aro PI'Icac29-9= -vmrslre Y6�iMal 2oro'P yet 29.90t l SpscW Purposs Go­AJIp OSWCVSGK OWC29.IM21 SI EET LABELS-ALLY 50000FT —♦—RAAAOAO CEMERLr*S Attachment C- Future Land Use Map Excerpt CR RN -5 -J.'iS East 13t1 i St[ eetocatio Ln Land Use I � L ;,,w4EMP 'MP L-r Emp Fmn Attachment C (Cont.) -Land Use Guiding Principles I PRINCIPLES Guiding Principles of Land Use building form and uses are not necessarily the LUS:Places for Employment and Enterprise. goal of the plan.Guidelines should provide Ames will continue to provide appropriately LU1:Relating Land Use and Transportation. developers with reasonable flexibility and room located space for a wide range of enterprises Land use planning must be planned in for innovation. that provide employment for existing and coordination with Ames'network of streets, prospective residents.The City's planning trails,paths,and transit lines.The land use LU3:Residential Density and Diversity.New for industrial uses includes large areas for plan is closely related to the Complete Streets residential development in Ames will achieve expansion within the ISU Research Park and Plan,with higher intensity uses clustered densities sufficient to use infrastructure Prairie View Industrial Center.Additionally,small along streets that have the capacity to serve efficiently,support neighborhood services, business,commercial office,and trade uses are them successfully.A system of multi-modal minimize adverse effects on the environment, planned for diverse locations across the City. connections will be the framework for a land use and provide residents with a quality urban Zoning standards will address design and use plan that promotes variety and diversity of uses. environment.As an inclusive community,Ames requirements recognizing the diverse needs and will encourage diverse housing types and locations of employment uses. Sufficiency of other related support services, price points that serve the reeds of a range of including infrastructure,emergency response, demographic and economic groups.In addition, and parks will be correlated to the intensity reactions to the Covid pandemic may require of use. different housing forms than those built to LU2:Compatibility with Flexibility.Ames date,maintaining target densities but with land use pattern should minimize conflicts common space that provides greater distancing between adjacent land uses.Some land uses possibility. are inherently incompatible and should be LU4:Vital,Convenient Mixed Uses.Ames separated.In other cases,a variety of design will encourage a compatible mix of uses to techniques where different uses and intensities create more active,interesting,and efficient meet can reduce incompatibilities and more city environments,while providing residents successfully integrate different uses into a convenient access to neighborhood commercial cohesive city environment.Homogeneous services and other vital community facilities. 0 Attachment C (Cont.)- Employment Land Use Category GROWTH & LAND USE LAND USE: CATEGORIES Employment(Emp) CHARACTERISTICS • Includes both general industrial areas and and relatively low-density site development. APPLICABLE EXISTING ZONING CATEGORIES large-scale employment centers that are part , Planned facilities include large • GI General Industrial PI Planned Industrial of planned business or ISU Research Park. blocks and large sites. . RI Research Park Industrial • Mixes traditional manufacturing warehouse , High truck traffic generation with good activities on the east side of the City 8 g g - II Intensive Industrial and office and R&D uses in ISU Research access to regional transportation facilities. Park and areas near South Bell. . City policy to focus most new large • Can include high impact and industrial development east of 1-35. heavy industrial uses. , Service uses are clustered in Boone County and . Older areas include single purpose industrial lots can be expanded with the West Growth Areas. GOALS DEVELOPMENT GUIDELINES PUBLIC ACTIONS , Provide attractive and well-functioning Phase out small obsolete industrial clusters . Implement infrastructure and settings for a range of industrial enterprises. in primarily non-industrial areas.such as transportation projects necessary to . Build on Ames'natural and historic industrial pockets along the railroad. open the East Industrial area. strength in research. , Use screening and landscaped , As East Industrial,Prairie View,develops out Minimize impact and external effects buffering to address building scale with large uses,evaluate options for smaller • o City neighborhoods. and typical utilitarian appearance. industrial sites and locally serving commercial Residential uses should not be permitted uses.Large format retail is not permitted. . Discourage industrial uses that are large in these areas.Site design should provide . Use economic development tools and standard to resource users for water and sewer separation and buffering between intense support resource and environmentally conscious services with system capacity impacts. industrial and adjacent residential use. uses,minimize water and sewer capacity demand. . Apply aesthetic enhancements to . Support commuter transportation alternatives sites along major corridors. to single occupant automobiles. , Plan for improved pedestrian connectivity and . Adapt zoning to provide for large manufacturing access for alternative modes of transportation. facilities based on automation. . Large sites may allow for incorporating . Differentiate zoning for business park use green infrastructure,renewable energy, types from individual general industrial uses or other GHG reduction and sustainable oriented to small or independent businesses. design techniques to existing site and development in new employment areas. East scenario Tiers 3 and 4 have planned residential uses adjacent to industrial uses north . Focus Research Park uses on R&D and of the railroad.Consider future compatibility office with high employment intensity. of use and traffic levels with industrial. . Ensure truck traffic and transportation Development options north of the railroad. capacity is adequately addressed in siting new large industrial facilities. AMES PLAN �Oan If III � Yl _ I ----- -----�*---r--- -- ,s . I s= e �1 1) b I II d I� Ia � i v I II I I J s,l Attachment E- Applicants Statements City of Ames Rezoning Application IT Warehouse at 4098 East 13th Street, Ames, IA 1. Written explanation of the reasons for requesting rezoning. The existing property at 4098 East 13th Street consists of 55.18-acres. The property is currently zoned Planned Industrial(PI). The property also has an overlay district referred to as the NE Gateway Overlay (O-GNE) district. The Developer intends to subdivide the property into two lots and construct a high cube warehouse facility for local City of Ames businesses to utilize. The warehouse facility is planned to have 30 employees and generate 25 trucks per day. The Developer is proposing to rezone the property to General Industrial (GI). The existing Planned Industrial zoning of the property limits the size of the building on the property based on the code requirement of maximum floor area ratio(FAR)of 0.35. On the proposed subdivided Lot 1 consisting of 42.76-acres,the maximum building size is limited to 652,000 square feet (SF). If the property is rezoned to GI,then there is no FAR requirement. The maximum building size in the GI ordinance is 85% of the lot area. Thus, subdivided Lot 1 consisting of 42.76-acres could have buildings up to 1,580,000-SF. The Developer's conceptual development plan consists of two(2)446,500-SF buildings for a total building area on the site of 893,000-SF or 48%of the lot area. The Developer requests to remove the NE Gateway Overlay district from the property. The intent of the O-GNE is to ensure that the regional commercial development results in high quality development. The proposed warehouse project will be high quality for an Industrial Zone. The proposed buildings will be concrete precast panels. The Developer is agreeable to providing additional landscaping along the East 13th Street frontage as well as landscaping buffering along the west property line adjoining the commercial zoned property. 2. Written explanation of the consistency of this rezoning with the Ames Plan 2040. The existing property is designated as "Employment" per the Future Land Use Map. Employment land use characteristics include general industrial development with planned facilities with large sites and truck traffic generation with good access to regional transportation facilities. The proposed development project characteristics meets the definition of Employment land use and will satisfy the following goals: • Provide attractive and well-functioning setting for a range of industrial enterprises. • Minimize impact and external effects on City neighborhoods. • Discourage industrial uses that are large resource users for water and sewer services. The proposed warehouse project is a light industrial use and is consistent with the goals and development guidelines of the Ames Plan 2040. 3. Current zoning of the subject property. The property is currently zoned Planned Industrial(PI) 4. Proposed zoning of the subject property. The requested rezoning request is General Industrial(GI). 5. Proposed use of the property. The use of the property will be for high cube warehouse facility for local City of Ames businesses. The Owner will lease the building to tenants. S P A C E A B O V E R E S E R V E D FOR OFFICIAL USE Legal description:See page 1. Return document to: City Clerk,515 Clark Avenue,Ames IA 50010 Document prepared by: Marc O.Lambert,City ofAmes Legal Deparunent,515 Clark Ave.,Ames,IA 500 1 0—5 1 5-239-5146 REZONING AGREEMENT FOR ADOPTION OF THE MASTER PLAN FOR 4098 E 13tt' Street THIS AGREEMENT,made and entered into this day of June 2023, by and between the City of Ames,Iowa, (hereinafter"City") and ELWELL-RUETER, L.L.C., its successors and assigns (hereinafter "Developer"), collectively referred to as the "Parties," WITNESSETH THAT: WHEREAS the Parties hereto desire the improvement and development of real property (Parcel No. 10-05-100-110) in the City of Ames, locally known as 4098 E 13' Street(hereinafter referred to as the"Site") and legally described as: Parcel"A" in the Northwest Fractional Quarter(NW frl '14)of Section Five(5),Township Eighty-three (83) North, Range Twenty-three (23) West of the 5' P.M., Story County, Iowa, as shown on Plat of Survey(Amended) filed in the office of the Recorder of Story County, Iowa, on the 12' Day of December, 1997 and recorded as Instrument No. 97- 13483, in Book 15, Page 90 [approximately 55.18 acres snore or less]'; and WHEREAS,the Site is designated on the Ames Plan 2040 as Employment(EMP) Expansion) which has an allowable zoning category of General Industrial (GI), and the Developer is seeking rezoning of the Site from the current zoning of Planned Industrial (PI) with Northeast Gateway Overlay (O-GNE) to General Industrial (GI) removing the Northeast Gateway Overlay(O-GNE)with Master Plan; and WHEREAS,Developer has proposed a Master Plan to address compatibility of use and layout of the site with the proposed GI zoning; and 1 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 is necessary for the proposed 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; and NOW,THEREFORE,the Parties hereto have agreed and do agree as follows: I. 4098 EAST 131h STREET MASTER PLAN ADOPTED The Master Plan set forth as Attachment A and, incorporated by reference in this agreement shall be the Master Plan for the Site at 4098 East 1311' Street. Developer agrees that all development upon the Site shall be in compliance with the Master Plan attached hereto. Developer further agrees that: (a) Developer shall restrict uses upon the Site as shown on the Master Plan. (b) The Site shall be divided into two or more lots with a preliminary and final plat prior to development of the site. (c) Developer shall adhere to the general layout shown in the attached Master Plan in all material aspects, including but not limited to, the placement of two buildings on Lot 1, placement of one or more buildings on Lot 2, circulation of traffic, setbacks, landscaping and building facade characteristics. H. NON-INCLUSION OF OTHER OBLIGATIONS The Parties acknowledge and agree that this Agreement is being executed to fulfill a specific requirement of§29.I507(5) of the Ames Municipal Code. The Parties further acknowledge that all site development and subdivision standards continue to apply to the Site. III. GENERAL PROVISIONS A. Modification. The parties agree that this Agreement may be modified, 2 amended, or supplemented only by written agreement of the parties. In addition, 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). B. Incorporation of Recitals and Exhibits. The recitals, together with all exhibits attached hereto, are confirmed by the parties as true and incorporated herein by reference as if fully set forth verbatim. The recitals and exhibits are a substantive contractual part of this Agreement. C. Prior Agreements Binding. The terms of all prior Agreements affecting this Property in which the City is a party, including any pre-annexation agreement and/or development agreement, are hereby reaffirmed in their entirety except as they may be expressly modified by this Agreement. D. Noninclusion of Other Improvement Obligations. The Parties acknowledge and agree that it is not possible to anticipate all the infrastructure and Code requirements that the Developer may be required to complete or comply with to properly develop the Site. Therefore, the Parties agree that all work done by and on behalf of the Developer with respect to other improvements, including but not limited to, building design, building construction, and utilities, both on-site and off-site, shall be made in compliance with the Iowa Code, SUDAS, and all other federal, state, and local laws and policies of general application, including but not limited to building and zoning codes, whether or not such requirements are specifically stated in this Agreement. IV. COVENANT WITH THE LAND This Agreement shall be filed for record in the office of the Story County Recorder and all covenants, agreements, promises, and representations herein stated shall be deemed to be covenants running with the Site and shall endure and be binding on the parties hereto,their mortgagees, lienholders,successors and assigns,for a period of twenty-one(21)years from the date of the recording of these covenants, unless claims to continue any interest in the covenants are filed as provided by law. The parties understand and agree that the zoning of the property is a matter that may only be modified by the City Council. The City shall have the right to file a claim to continue its interest in these covenants. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 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 ) 3 Dated this day of June 2023. ELWELL-RUETER, L.L.C. By: Manager STATE OF IOWA, COUNTY OF STORY,SS.: This instrument was acknowledged before me on ,2023, by as Manager of Elwell-Rueter,L.L.C. NOTARY PUBLIC 4 Passed and approved on .2023, by Resolution No.23- adopted by the City Council of the City of Ames,Iowa. CITY OF AMES,IOWA By: John A.Haila,Mayor Attest: Renee Hall,City Clerk STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on ,2023,by John A. Haila and Renee Hall, as Mayor and City Clerk,respectively, of the City of Ames,Iowa. NOTARY PUBLIC 5 ATTACHMENT `A'-MASTER PLAN 6