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HomeMy WebLinkAboutA001 - Council Action Form dated January 13, 2026To:Mayor & City Council From:Amelia Schoeneman, Planner Date:January 13, 2026 Subject:Master Plan Zoning Agreement Item No. 32 MEMO The ordinance regarding rezoning (with Master Plan) from Intensive Industrial to General Industrial for 23959 580th Avenue is attached for the City Council's review and consideration for third reading and adoption. The subject property is the former Caremoli food manufacturing facility. The owner believes the broader range of GI uses, including non-traditional industrial uses, is desirable for the site, and has therefore requested rezoning to GI. City staff requested the applicant propose an accompanying Master Plan to address the goals of the City for site improvements and appropriate uses at this gateway location. City Council approved on first reading the rezoning with Master Plan on December 9, 2025. At this time, City Council required a Master Plan to be accompanied by a Zoning Agreement signed by the property owner prior to the third reading of the rezoning ordinance. The Zoning Agreement states the requirements of the Master Plan. 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. ATTACHMENT(S): 23959 580th Ave - Rezoning.docx Draft_RAWMP__Caremoli_Site__final.pdf Planning and Housing 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 1 DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER Prepared by: Renee Hall, City Clerk’s Office, 515 Clark Avenue, Ames, IA 50010 Phone: 515- 239-5105 Return to: Ames City Clerk, P.O. Box 811, Ames, IA 50010 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AMES, IOWA, AS PROVIDED FOR IN SECTION 29.301 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY CHANGING THE BOUNDARIES OF THE DISTRICTS ESTABLISHED AND SHOWN ON SAID MAP AS PROVIDED IN SECTION 29.1507 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE BE IT HEREBY ORDAINED by the City Council of the City of Ames, Iowa; Section 1: The Official Zoning Map of the City of Ames, Iowa, as provided for in Section 29.301 of the Municipal Code of the City of Ames, Iowa, is amended by changing the boundaries of the districts established and shown on said Map in the manner authorized by Section 29.1507 of the Municipal Code of the City of Ames, Iowa, as follows: That the real estate, generally located at 23959 580th Avenue is rezoned from Intensive Industrial (II) to General Industrial (GI) with a Master Plan. Real Estate Description: Commencing at the Southeast Corner of Section Eight (8), Township Eighty-three (83) North, Range Twenty-three (23) West of the 5th P.M., Story County, lowa; thence N 0°00' W along the East line of said Section Eight (8) and along the centerline of a Story County secondary road Three Hundred Forty-three and Nine Tenths (343.9) Feet; thence N 90°00' W, Forty (40) Feet to the Intersection of the West right -of-way line of said Story County secondary road with the Northerly right of way of U.S. Highway #30 and the point of beginning; thence S 40°30' W along the Northerly right of way of U.S. Highway #30 One Hundred Fifty- four and Three Tenths (154.3) Feet; thence S 89°50'W along the Northerly right of way of U.S. Highway #30 Three Hundred Nine Feet and Eight Tenths (309.8) Feet; thence N 0°00' W Sixty-six (66) Feet; thence N 89°50' E, Two Hundred Forty-nine and Six Tenths (249.6) Feet to the point of curvature of a Sixty-seven (67) Foot radius curve; thence Northeasterly along said Sixty-seven (67) Foot radius curve, concave Northwesterly, Sixty-six and One Tenth (66.1) Feet; thence N 33°19' E, Eighty and One Tenth (80.1) Feet to the point of curvature of a Seventy-nine and Thirty-three Hundredths (79.33) Foot radius curve; thence Northeasterly along said Seventy-nine and Thirty-three Hundredths (79.33) Foot radius curve, concave Southeasterly Seventy-eight and Forty- eight Hundredths (78.48) Feet to the West right of way line of the Story County secondary road; thence S 0°00' E along said West right-of-way line, Seventy-two and One Tenth (72.1) Feet to the point of beginning 2 AND All of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section Eight (8), Township Eighty-three (83) North, Range Twenty-three (23) West of the 5th P.M., Story County, lowa, that lies North of Primary Road No. U.S. 30 except beginning at the Northeast Corner of the South Half (S 1/2) of the Southeast Quarter (SE 1/4) of said Section Eight (8); thence West Four Hundred Fifty (450) Feet; thence South to the North line of Primary Road No. U.S. 30; thence East along said North line to the East line of said Section Eight (8); thence North along said East line of said Section Eight (8) to the point of beginning, frontage except road Section 2: All other ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 3: This ordinance is in full force and effect from and after its adoption and publication as provided by law. ADOPTED THIS day of , . Renee Hall, City Clerk John A Haila, Mayor 3 REZONING AGREEMENT AND ADOPTION OF A MASTER PLAN FOR 23959 580TH AVENUE THIS AGREEMENT, made and entered into this _________ day of January 2026, by and between the City of Ames, Iowa, (hereinafter “City”) and Larson Leasing, L.C., an Iowa limited liability company, an Iowa nonprofit corporation, its successors and assigns (hereinafter “Developer”), collectively referred to as the “Parties,” WITNESSETH THAT: WHEREAS the Parties hereto desire the improvement and redevelopment of real property (Parcel No. 10-08-400-405) in the City of Ames, locally known as 23959 580th Avenue (collectively hereinafter referred to as the “Site”) and legally described as: Commencing at the Southeast Corner of Section Eight (8), Township Eighty-three (83) North, Range Twenty-three (23) West of the 5th P.M., Story County, Iowa; thence N 0°00' W along the East line of said Section Eight (8) and along the centerline of a Story County secondary road Three Hundred Forty-three and Nine Tenths (343.9) Feet; thence N 90°00' W, Forty (40) Feet to the Intersection of the West right of way line of said Story County secondary road with the Northerly right of way of U.S. Highway #30 and the point of beginning; thence S 40°30' W along the Northerly right of way of U.S. Highway #30 One Hundred Fifty-four and Three Tenths (154.3) Feet; thence S 89°50'W along the Northerly right of way of U.S. Highway #30 Three Hundred Nine Feet and Eight Tenths (309.8) Feet; thence N 0°00' W Sixty-six (66) Feet; thence N 89°50' E, Two Hundred Forty-nine and Six Tenths (249.6) Feet to the point of curvature of a Sixty-seven (67) Foot radius curve; thence Northeasterly along said Sixty-seven (67) Foot radius curve, concave Northwesterly, Sixty- six and One Tenth (66.1) Feet; thence N 33°19' E, Eighty and One Tenth (80.1) Feet to the point of curvature of a Seventy-nine and Thirty-three Hundredths (79.33) Foot radius S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E Legal description: Return document to: Document prepared by: 4 curve; thence Northeasterly along said Seventy-nine and Thirty-three Hundredths (79.33) Foot radius curve, concave Southeasterly Seventy-eight and Forty-eight Hundredths (78.48) Feet to the West right of way line of the Story County secondary road; thence S 0°00' E along said West right of way line, Seventy-two and One Tenth (72.1) Feet to the point of beginning. and All of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section Eight (8), Township Eighty-three (83) North, Range Twenty-three (23) West of the 5th P.M., Story County, Iowa, that lies North of Primary Road No. U.S. 30 except beginning at the Northeast Corner of the South Half (S 1/2) of the Southeast Quarter (SE 1/4) of said Section Eight (8); thence West Four Hundred Fifty (450) Feet; thence South to the North line of Primary Road No. U.S. 30; thence East along said North line to the East line of said Section Eight (8); thence North along said East line of said Section Eight (8) to the point of beginning, except road; and WHEREAS, the Developer is the sole titleholder of the Site, which is designated Employment (Emp) on the Ames Plan 2040. Developer is seeking rezoning of the Site from the current zoning of Intensive Industrial (II) to General Industrial (GI) Zone with Master Plan; and WHEREAS, Developer proposed the rezoning of the Site “to allow for a broader range of industrial uses, thereby increasing the Site’s potential utilization and supporting economic development . . . [and to] provide flexibility for future growth while maintaining compatibility with surrounding properties;” and WHEREAS, Developer has proposed a Master Plan to address compatibility of use and layout of the site with the proposed GI zoning; 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 is necessary for the proposed rezoning request as set forth in Ames Municipal Code §29.1507; and 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) mandates 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: 5 I. 23959 580TH AVENUE 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. Developer agrees that all development upon the Site shall follow and comply with the Master Plan attached hereto. Developer further agrees that: A. General (i) Developer shall restrict uses upon the Site as shown on the Master Plan. (ii) Developer shall adhere to the general layout shown in the attached Master Plan in all material aspects. B. Uses (i) Developer agrees that the following uses otherwise allowable in the GI District shall not be allowed on the Site: (a) Medical and Dental Services offices, (b) Salvage Yards, (c) Towing and Vehicle Storage, (d) Resource Production and Extraction, (e) Waste Processing and Transfer, (f) Child Daycare Facilities and Vocational/Technical High Schools, (h) Colleges and Universities, (i) Detention Facilities, and (j) Major Event Entertainment. For the purposes of this section, each of the enumerated disallowed uses herein shall be interpreted consistent with the manner in which said uses are defined by the Municipal Code. (ii) No more than forty (40) percent of the total building area upon the Site shall be comprised of retail sales and service or sports facility uses. (iii) New uses outside of the existing buildings or new buildings shall not be permitted in the parking spaces shown on the Master Plan. Any vehicle display, parking and storage area for these uses shall be a newly created area that is required to meet City standards, including but not limited to, dimensions, landscaping and paving. (iv) Developer shall obtain all necessary permits, including but not limited to Zoning Permits, to establish any outdoor storage or display areas, including on the existing gravel vehicle maneuvering areas. (v) Allowed uses as indicated on the Master Plan are permitted within existing buildings provided that they do not create a need for more parking than that which is provided. C. Parking (i) The 91 spaces identified as gravel or paved parking spaces on the Master Plan shall be recognized as legal nonconforming parking spaces. 6 (ii) Accessible parking stalls and accessible routes to building entrances shall be paved prior to occupancy of any buildings upon the Site. Parking lot restriping and paving of accessible spaces shall require that Developer obtain a Zoning Permit prior to work. (iii) Vehicle parking or maneuvering areas not shown on the Master Plan require a Minor Site Development Plan or Zoning Permit, as may be applicable, in compliance with City standards, including but not limited to, parking dimensions, paving and landscaping standards. Developer understands and agrees that this requirement applies to established parking on paved areas. D. Landscaping (i) Reuse of the existing buildings and use of previously developed parking and maneuvering areas do not require front yard landscaping compliant with City standards along Turing Street. Additional site improvements along the Turing Street frontage shall require front yard landscaping. (ii) Existing landscaping along Highway 30 frontage shall be maintained by the Developer, and the City may require additional landscaping with incremental improvements or future development of the area. 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 and subdivision standards continue to apply to the Site. III. GENERAL PROVISIONS A. Modification. The parties agree that this Agreement may be modified, 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. 7 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 to the extent they are not 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. E. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed effective as of the date first above written. LARSON LEASING, L.C. ____________________________ 2026. STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on __________________, 2026, by Roger S. Larson, as Manager of Larson Leasing, L.C. NOTARY PUBLIC 8 Passed and approved on ________________________, 2026, by Resolution No. 26-________ adopted by the City Council of the City of Ames, Iowa. CITY OF AMES, IOWA John A. Haila, Renee Hall, STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on _______________________, 2026, by John A. Haila and Renee Hall, as Mayor and City Clerk, respectively, of the City of Ames, Iowa. 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