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Home My WebLink AboutA007 - Rerecorded Original, rerecorded April 1, 2024 Instrument No. 2024-01913 Instrument #: 2024-01568 03/18/2024 09:23'47 AM Ta'tal Pages S 00 OTHER Recording Fee. 42.00 Stacie He ecorder , Story County Iowa Instrument #: 2024-01913 04/01/2024 09:37.26 AM Total Pages: 8 00 OTHER Recording Fee. $ 42.00 .Stacie Herridge, Recorder, Story County Iowa SPACE ABOVE RESERVED FOR OFFICIAL USE Le al deseri tion: See 6. �� 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 WITH MASTER PLAN M FOR 102 & 116 HYLANO AVENUE(CAMPUS GARAGE) THIS AGREEMENT, made and entered into this 12, day of March 2024, by and between M & C Properties L.C. (hereinafter called the "Developer"), the City of Ames, Iowa (hereinafter called the "City") its successors and assigns, both collectively being referred to as the"Parties," v WITNESSETH THAT: WHEREAS,the Parties hereto desire the improvement and development of certain ^ real property' located within the vicinity of Hyland Avenue and Lincoln Way Avenue (collectively referred to hereinafter as the"Site") and legally described as: [See attached Exhibit `A' for legal description.] WHEREAS, the Site has an Urban Corridor (UC) designation within the Ames Plan 2040. The Site is currently zoned RH (Residential High Density) with O-UIW (University West Impact Overlay. Developer is seeking rezoning of the Site to Site to NC Q (Neighborhood Commercial)with O-UIW (University West Impact Overlay). WHEREAS, a vehicle repair facility, and a gas station periodically, have been operating on the Site for over 50 years and for the past 24 years, the use of the property at this location has been legally nonconforming. WHEREAS, Developer plans to improve the Site, including a new parking lot expansion, additional landscape areas and some eliminated and some improved access points to the Site. 1 Tax parcels 09-04-353-120 and 09-04-353-130 (Aggregated approximate acreage of the Site is 0.39 acres). I ', WHEREAS, the City Counci I 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 291507;and I WHEREAS,the Developer has submitted a Master Plan(named "102 116 Hyland —Campus Garage"dated January 2024) in conformance with the requirements set forth in Ames Municipal Code section 29.1507(4); and. 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: I. MASTER PLAN ADOPTED 1 ' 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. Developer agrees that all development upon the Site shall comply with the Master Plan on file with the Department.Developer understands and shall be subject to the following additional obligations: (A)If the Site is rezoned to NC with O-UIW Overlay, Developer's Master Plan indicates expansion of the parking lot to the north. Developer acknowledges that the current use of the property as a vehicle repair facility remains nonconforming under the NC zoning designation and the parking lot expansion is otherwise not permitted because.it is the expansion of a nonconforming use. Notwithstanding this Agreement, Developer must apply for a Special Use Permit from the Zoning Board. of Adjustment and successfully obtain said Special Use Permit to expand the parking loft as shown on the Master Plan. (B)Developer may expand the nonconforming use only within the allowances of Article 3 and Article 4 of Chapter 29 of the Ames Municipal Code. (C)Notwithstanding this Agreement, Developer shall submit and obtain approval of a Minor Site Development Plan, as described in Municipal Code section 29.1502. (D)Developer is bound by all other terms and conditions of the Master Plan. 2 i NON-INCLUSION OF OTHER OBLIGA 1JONS The Parties aclaiowledge 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. 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 29.1.507(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 I l o w i n g p a g e ) l DEVELOPER: M&C PROPERTIES,L.C. Eric Mathre,Manager..�....�.__..,............_�.�......�., ,. { STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on ( 2024,by Eric Mathre,as of M&C Properties,L.C. NO A PUBLI JERAMY NEEFUS Conv*n Number tbiyConrna�► €caati 845946 0 Passed and approved on Al r(/k ,2024,by Resolution No. 24- 13 adopted by the City Council of the City of Ames,Iowa. CITY OF AMES, IOWA B V............ .. John A Haila,Mayor AttestAiRlenee, rz, ka a ."all,City Jerk STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on MQ>y^i2k-u ij ,2024,by John A. Haila and Renee Hall,as Mayor and City Clerk,respectively,of the City of Ames,Iowa. y CARLY M.WATSON I s Canwr"Won Nwrkw$29444 MY Q (3�A U�BLIC LEGAL DESCRIPTION OF SITE - Exhibit `A' Parcel `G', being the West 100 feet of Sublots 9 and 10, in.Lot 13,all1n.the West Half(Wl./2)of the Southwest Quarter(SW1/4)of Section 4,Range 83 North, Township 24 West, in Ames, Story County,Iowa,as shown on the"Plat of Survey"filed in.the office of the Recorder of Story County, on March 6,2024,and recorded as Instrument No. 2024-01305. &RECORD 6 120 & 116 HYLAND (CAMPUS GARAGE) MASTER PLAN— Exhibit N 7 ��pe dpM1 rp�l tp�p rz Aw 3 s� Y N T'• � v'tL 7 r t. np �y, '�Tr iG Lm "d. C3 r3� a�r Via - a. �. �v f -- ,� �� '«'- -'•� '��A�� 'rp�_7 � � - 40. ILI V. 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