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HomeMy WebLinkAboutA023 - Iowa State Research Park Phase IV First Addition Final PlatITEM #:28 DATE:04-14-26 DEPT:P&H SUBJECT:IOWA STATE RESEARCH PARK PHASE IV FIRST ADDITION FINAL PLAT COUNCIL ACTION FORM BACKGROUND: The Iowa State University Research Park (ISURP) Phase IV First Addition is a Final Plat creating one development lot, one outlot for future development, and two street lots for dedication to the City. The property is approximately 35-acres located at 4200 University Boulevard (S 530th), south of the current Research Park boundary (See Location Map Attachment A). The development lot, approximately 16 acres in size, is zoned Research Park Innovation District (RI) to allow for development of an agricultural equipment testing facility. The outlot will remain in agricultural production with Agricultural zoning. The Preliminary Plat was approved at the February 10, 2026, City Council meeting. Approval included a waiver of minor arterial street access to to allow two points of access off of University subject to City Traffic Engineer review at the time of Site Development Plan review. Additionally, the approval included a condition about future water main looping, subject to approval of an agreement to defer its construction for up to 10 years at the time of final plat. PUBLIC IMPROVEMENTS: A water main and sanitary sewer main have been stubbed to the northwest corner of the development lot with previous phases of the ISURP. The Developer is required to take utilities through the site to serve other planned development in the area. Road extensions are planned to the south of the site and no new road is part of this preliminary plat. Land is dedicated along frontage of the site for University Boulevard. The Public Improvement Agreement includes the water and sewer extensions as well as a sidewalk along the entire frontage of the subdivision. City Council is being asked to accept the Improvement Agreement with financial security for the improvements. Financial security in the amount of $252,185 has been provided. Financial security can be reduced by the City Council as the required infrastructure is installed, inspected, and accepted by the City. Additionally, the Public Improvement Agreement also includes a provision that requires future looping of the water main to Riverside Drive within 10 years, but there is no financial security for the extension. The installation of the main to complete the looping is the responsibility of the ISURP, not the future owner of the development lot. An easement has been provided with the plat along the north property line to accommodate future looping. 1 TRANSFER OF XENIA WATER SERVICE TERRITORY: The subject property is located within the service territory of Xenia Rural Water, and therefore cannot be served with water by the City of Ames unless the territory is transferred to the City. Representatives of the ISURP have completed terms of a buyout of the development lot with Xenia. The buyout is based upon the City and Xenia’s approved agreement from 2022 for the transfer and service of water territory within Ames. The cost is $3,000 per net acre for the developer. To complete the transfer of the service territory, the City must accept the territory in order to release Xenia from its service requirements as a water district. Xenia staff has acknowledged receipt of the payment and will provide the service territory agreement prior to Council approval of the Final Plat. ALTERNATIVES: 1. Based upon the findings that the Final Plat conforms to relevant and applicable subdivision standards, City requirements, policies, and plans, approve the following: a. Resolution approving the Final Plat of the Iowa State Research Park Phase IV First Addition b. Resolution accepting the Public Improvements Agreement for completion of public improvements, including water main looping, and Financial Security of $252,185 (Note: signed version is required prior to City Council meeting) c. Resolution Approving Agreement to Accept the Transfer of Approximately 16.06 Acres of Land from Xenia Rural Water to City of Ames (Note: signed version is required prior to City Council meeting) 2. Deny the proposed the Final Plat as not meeting City requirements and subdivision standards. 3. Refer this request back to staff or the applicant for additional information. CITY MANAGER'S RECOMMENDED ACTION: The proposed Major Final Plat is consistent with the Preliminary Plat approved by City Council and the City's subdivision and zoning regulations, including the allowance for financial security to complete public improvements and agreement with Xenia for Water Service Operations and Territory Transfer. Once the Final Plat is approved, staff will approve a Minor Site Development Plan for development of an agricultural equipment testing facility, the final step in the development approval process. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 2 ATTACHMENT(S): Location Map.pdf Final Plat Applicable Subdivision Law.pdf Draft Public Improvements and Water Main Looping Agreement.pdf Draft Xenia Transfer Agreement.pdf 3 U N I V E R S I T Y B L V D S 5 3 0 T H A V E Location Map 0 0.07 0.150.04 Miles IN T E R S T A T E 3 5 LINCOLN 24TH 13THONTARIO INTERSTATE 35 D A Y T O N ST A N G E U N I V E R S I T Y 16TH GEORGEW CARVER SO U T H DA K O T A AIRPORTHY L A N D LINCOLN WAY ¯Legend Subject Property Parcels 4 PARCEL B PLAT OF S U R V E Y 2012-01 3 6 9 NOT PA R T O F T H I S P L A T W1/4 CORNER SEC. 22-83-24 FOUND 'X' CUT IN CONCRETE NE CORNER PARCEL B FOUND 1/2" REBAR SE COR. PARCEL B FOUND 1/2" REBAR W/ YELLOW CAP #20297 LOT B 20045.37 S.F. 0.46 ACRES LOT 1 655873.17 S.F. 15.06 ACRES OUTLOT A 886590.82 S.F. 20.35 ACRES LOT A 43684.21 S.F. 1.00 ACRES S89°52'29"E 1322.11' N0 0 ° 3 2 ' 3 6 " W 7 2 7 . 7 1 ' N0 0 ° 3 2 ' 3 6 " W 2 5 3 . 7 1 ' S0 0 ° 3 5 ' 1 6 " E 1 3 1 9 . 0 7 ' N89°51'00"W 1323.14' N89°27'45"E 423.59' N0 0 ° 1 9 ' 1 3 " W 3 1 3 . 2 3 ' N87°19'30"W 425.48' N0 7 ° 4 0 ' 5 0 " E 2 5 8 . 6 2 ' N0 0 ° 3 2 ' 3 6 " W 6 0 3 . 9 3 ' N0 0 ° 3 2 ' 3 6 " W 1 2 4 . 5 0 ' N0 0 ° 0 7 ' 3 1 " E 1 1 9 2 . 5 2 ' N90°00'00"E 645.40' 97.00'622.34'602.78' 60.09' 365.39' 60.00' 60.00'1263.14' N0 0 ° 3 2 ' 3 6 " W 3 3 7 . 0 7 ' OUTLOT Z ISU RE S E A R C H P A R K PHASE I I I , F I F T H A D D I T I O N IOWA S T A T E U N I V E R S I T Y RESEAR C H P A R K SW CORNER NW1/4, SW1/4 SEC. 22-83-24 CUT 'X' IN CONCRETE SE CORNER NW1/4, SW1/4 SEC. 22-83-24 SET 1/2" REBAR W/ YELLOW CAP #17161 NE CORNER NW1/4, SW1/4 SEC. 22-83-24 SET 1/2" REBAR W/ YELLOW CAP #17161 NW1/4, S W 1 / 4 SEC. 22 - 8 3 - 2 4 SO U T H 5 3 0 T H A V E N U E ( R O W V A R I E S ) 15' PUBLIC UTILITY EASEMENT NW CORNER PARCEL B CUT 'X' IN CONCRETE SW CORNER PARCEL B CUT 'X' IN CONCRETE RESERVED FOR FUTURE DEVELOPMENT EX I S T I N G 5 0 ' R I G H T O F W A Y L I N E PE R A C Q . 2 0 1 7 - 1 1 6 4 3 EX I S T I N G 5 0 ' R I G H T O F W A Y L I N E PE R A C Q . 2 0 1 7 - 1 1 3 3 1 EX I S T I N G 5 0 ' R I G H T O F W A Y L I N E PE R A C Q . 2 0 1 7 - 1 1 3 3 1 IOWA S T A T E U N I V E R S I T Y RESEAR C H P A R K IOWA S T A T E U N I V E R S I T Y RESEAR C H P A R K FOUND 1/2" REBAR W/ YELLOW CAP #19710 10' WATER MAIN EASEMENT (5' EACH SIDE) 10' PUBLIC UTILITY EASEMENT (5' EACH SIDE) 20' PUBLIC UTILITY EASEMENT (10' EACH SIDE) = SET 1/2" REBAR W/ YELLOW CAP #17161 69 . 4 1 ' N89°27'23"E 291.00' 31 4 . 4 8 ' N89°21'41"E 182.87' N89°21'41"E 182.56' N89°27'45"E 397.62' N89°27'45"E 368.57' N00°19'13"W 242.53' N89°39'46"E 97.82' 10.00' 10' WATER MAIN EASEMENT (5' EACH SIDE) 10' PUBLIC UTILITY EASEMENT (5' EACH SIDE) 10.00' 5.00' 15.00' 363.59' 21 7 . 1 3 ' BU I L D I N G S E T B A C K L I N E ( T Y P I C A L ) BU I L D I N G S E T B A C K L I N E ( T Y P I C A L ) N66°5 7 ' 1 8 " E 1 5 1 . 9 3 ' N36 ° 4 1 ' 2 4 " E 2 9 2 . 8 3 ' N47 ° 0 0 ' 4 5 " E 3 9 9 . 8 7 ' 36 1 . 9 2 ' 50' SURFACE WATER FLOWAGE EASEMENT (25' EACH SIDE) 245.71' 48 . 9 0 ' S0 0 ° 3 6 ' 3 6 " E 3 2 1 . 1 6 ' S89°40'47"W 49.35' 20' SANITARY SEWER EASEMENT (10' EACH SIDE) 10' WATER MAIN EASEMENT 10' WATER MAIN EASEMENT Phone: (515) 233-0000 414 South 17th Street, Suite 107 Strand Associates, Inc. Ames, Iowa 50010 FAX: (515) 233-0103 JOB#DATE:PAGE OF FINAL PLAT IOWA STATE UNIVERSITY RESEARCH PARK PHASE IV, FIRST ADDITION 7238.002 4/07/2026 1 1 00 80'160' Owner/Developer: Iowa State University Research Park 1805 Collaboration Place Ames, IA 50010 Property Description: The Northwest Quarter of the Southwest Quarter of Section 22, Township 83 North, Range 24 West of the 5th P.M., Story County, Iowa, except Parcel B therein as shown on the Plat of Survey filed at Inst. No. 2012-01369. Said subdivision contains 36.87 acres, which includes 1.46 acres of existing public right of way. Notes: 1. Lots A and B are to be dedicated to the City of Ames for public right of way. 2. Parcel B is not a part of this subdivision platting. 3. Soil borings are required in areas within this plat which have been identified by the City of Ames as having soils that make construction of buildings difficult. Zoning: RI - Research Park Innovation District Development Standards - RI Zone: Building Setbacks: Street Lot Line University Ave.: 30' Side Lot Line: 10' Rear Lot Line: 10' Maximum FAR: .35 for areas outside HUB Activity Area/ No limit within HUB Activity Area Maximum Impervious Surface: 70% Minimum Landscaped Area: 20% Maximum Height: 100' 5 5 Attachment C: Applicable Subdivision Law The City’s subdivision regulations are included in Chapter 23 of the Ames Municipal Code. Once the applicant has completed the necessary requirements, including provision of required public improvements or provision of financial security for their completion, a “final plat application” may then be submitted for City Council approval. After City Council approval of the final plat, it must then be recorded with the County Recorder to become an officially recognized subdivision plat. The final plat must be found to conform to the ordinances of the City and any conditions placed upon the preliminary plat approval. Ames Municipal Code Chapter 23, Subdivisions, Division I, outlines the general provisions for subdivisions within the City limits and within two miles of the City limits of Ames. Ames Municipal Code Section 23.302(10): (10) City Council Action on Final Plat for Major Subdivision: (a) All proposed subdivision plats shall be submitted to the City Council for review and approval. Upon receipt of any Final Plat forwarded to it for review and approval, the City Council shall examine the Application Form, the Final Plat, any comments, recommendations or reports examined or made by the Department of Planning and Housing, and such other information as it deems necessary or reasonable to consider. (b) Based upon such examination, the City Council shall ascertain whether the Final Plat conforms to relevant and applicable design and improvement standards in these Regulations, to other City ordinances and standards, to the City's Land Use Policy Plan and to the City's other duly adopted plans. (c) The City Council may: (i) deny any subdivision where the reasonably anticipated impact of such subdivision will create such a burden on existing public improvements or such a need for new public improvements that the area of the City affected by such impact will be unable to conform to level of service standards set forth in the Land Use Policy Plan or other capital project or growth management plan of the City until such time that the City upgrades such public improvements in accordance with schedules set forth in such plans; or, (ii) approve any subdivision subject to the condition that the Applicant contribute to so much of such upgrade of public improvements as the need for such upgrade is directly and proportionately attributable to such impact as determined at the sole discretion of the City. The terms, conditions and amortization schedule for such contribution may be incorporated within an Improvement Agreement as set forth in Section 23.304 of the Regulations. (d) Prior to granting approval of a major subdivision Final Plat, the City Council may permit the plat to be divided into two or more sections and may impose such conditions upon approval of each section as it deems necessary to assure orderly development of the subdivision. (e) Following such examination, and within 60 days of the Applicant's filing of the complete Application for Final Plat Approval of a Major Subdivision with the Department of Planning and Housing, the City Council shall approve, approve subject to conditions, or disapprove the Application for Final Plat Approval of a Major Subdivision. The City Council shall set forth its reasons for disapproving any Application or for conditioning its approval of any Application in its official records and shall provide a written copy of such reasons to the developer. The City Council shall pass a resolution accepting the Final Plat for any Application that it approves. (Ord. No. 3524, 5-25-99) 6 Prepared by and return to: David L. Ginger, Belin McCormick, P.C., 606 Walnut Street Suite 2000, Des Moines, Iowa 50309 (515) 283-4668 AGREEMENT FOR PUBLIC IMPROVEMENTS The parties to this Agreement are Iowa State University Research Park, its successors and assigns (hereinafter referred to as “Owner”) and the City of Ames, Iowa (hereinafter referred to as “City”). WHEREAS, the Owner is in the process of platting a subdivision of real estate per Chapter 23 of the Municipal Code of the City, to be known as Iowa State University Research Park Phase IV, First Addition, an Official Plat, now included in and forming a part of the City of Ames, Story County, Iowa (the “Subdivision”); and WHEREAS, the Owner is required to construct certain improvements and utilities within the real estate, including the following: sanitary sewer, water main, fire hydrant, manholes, sidewalk and seeding (collectively, the “Improvements”) (a breakdown of the estimated cost of completion of each of the Improvements is attached hereto as Exhibit A and incorporated herein by this reference as if fully set forth). NOW, THEREFORE, it is hereby understood and agreed that the Owner shall deposit with the City a letter of credit in the amount of Two Hundred Fifty-two Thousand One Hundred Eighty- five Dollars ($252,185.00) (collectively, with any and all renewals thereof, the “Letter of Credit”) conditioned upon the completion of the Improvements as required by the City for the Subdivision, and shall maintain said Letter of Credit or a renewal thereof until the earliest to occur of [INSERT EXPIRATION DATE OF LOC] (the “Completion Date”) or the actual completion date of the Improvements. IT IS FURTHER AGREED that, to the extent the Improvements are not yet complete at the time the term of the Letter of Credit is set to expire and/or expires, Owner shall take any and all actions necessary to renew the term of the Letter of Credit such that the Letter of Credit remains valid and existing through and until the date the Improvements have actually been completed by Owner. IT IS FURTHER AGREED that City reserves the right to draw upon the Letter of Credit, prior to the expiration thereof, in the event Owner defaults under its obligations set forth herein or in the event a renewal of the Letter of Credit has not been provided within ten (10) days of the expiration of the current term of the Letter of Credit, and, in such event, the City shall construct said Improvements and utilize amounts drawn upon to cover the costs thereof. 7 IT IS FURTHER AGREED that upon satisfactory completion of the Improvements, including the paying of reasonable engineering and inspection fees therefore, the Letter of Credit shall be released. IT IS FURTHER AGREED that the Improvements do not include extension of the water main along the north boundary line of the Subdivision from University Boulevard to South Riverside Drive (the “Excluded Water Main Improvements”). With respect to the Excluded Water Main Improvements, Iowa State University Research Park agrees that Iowa State University Research Park shall have sole responsibility for constructing the Excluded Water Main Improvements within ten (10) years of the recording of the Subdivision. Iowa State University Research Park acknowledges and agrees the foregoing obligation to construct the Excluded Water Main Improvements is a personal obligation of Iowa State University Research Park and may not be assigned by Iowa State University Research Park. Dated this ____ day of ________________________, 2026 [Signatures Follow] 8 Signature Page - Agreement for Public Improvements CITY OF AMES, IOWA By: _______________________________________ Director of Public Works STATE OF IOWA ) ) SS: COUNTY OF STORY ) This instrument was acknowledged before me on this _____ day of ________________, 2026 by ______________________________ as the Director of Public Works for the City of Ames, Iowa. __________________________________________ Notary Public in and for the State of Iowa 9 Signature Page - Agreement for Public Improvements IOWA STATE UNIVERSITY RESEARCH PARK By: _______________________________________ Rick Sanders, President STATE OF IOWA ) ) SS: COUNTY OF STORY ) This instrument was acknowledged before me on this _____ day of ________________, 2026 by Rick Sanders, as President of Iowa State University Research Park. __________________________________________ Notary Public in and for the State of Iowa 10 Exhibit A 11 3 DO NOT WRITE IN THE SPACE ABOVE THIS LINE; RESERVED FOR RECORDER Prepared by: Corey Iben, 23998 14 1st St. Bouton, IA 50039; 515-676-2117 Return to Ames City Clerk Ames City Hall 515 Clark Ave. Ames IA 50010 AGREEMENT BETWEEN CITY OF AMES AND XENIA CONCERNING CONTINUED WATER SERVICE This agreement is between the City of Ames, Iowa ("Ames") and Xenia Rural Water District, a rural water district existing pursuant to Iowa Code chapter 357A (“Xenia"). Ames and Xenia are sometimes collectively referred to herein as the "Parties" or individually as a "Party." WHEREAS, Xenia is a rural water district with certain exclusive rights and responsibilities to provide water services in designated areas; and WHEREAS, the Iowa State University Research Park (“DEVELOPER”) wishes to develop one recently annexed parcel previously located south of Ames’ city limits (“the “Property”) that Xenia believes is located in its protected water service territory; and WHEREAS, DEVELOPER desires to procure water services from Ames for the Property; and WHEREAS, Xenia is not currently providing water or wastewater services to the Property and Xenia is willing to enter into an agreement with DEVELOPER through which Xenia will release its rights to provide water and wastewater services to the Property; and 12 4 and WHEREAS, Ames and Xenia wish to assist DEVELOPER in developing the Property; WHEREAS, DEVELOPER and Xenia have negotiated and intend to enter into a Release of Service Territory Rights Agreement through which Xenia will relinquish its water service rights in the area described in that agreement, pursuant to Iowa Code section 357A.11(13), subject to the conditions and commitments described in that agreement and the additional terms and commitments by Ames described below; and WHEREAS, pursuant to Iowa Code section 357A.11(13), Xenia cannot relinquish its right to provide service to an area without providing for the continuation of water services to the area immediately following such relinquishment. WHEREAS, Ames and Xenia have entered into an Agreement for Water Service Operations and Territory Transfer, dated February 1, 2022, and recorded as Instrument # 2022-01065, Story County Iowa. NOW THEREFORE, in consideration of the above recitals and the mutual covenants contained herein, and in reliance on the same, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Incorporation of Recitals and Exhibits. The foregoing recitals are incorporated herein and made a part of this Agreement. The recitals and exhibits described below are substantive and contractual parts of this Agreement. 2. Identification of the Affected Area. This Agreement affects the Property included in the Plat of Survey shown in Exhibit A attached hereto. 3. Existing Xenia Customers and Infrastructure. Xenia does not have any existing infrastructure or customers located on the Property. 4 Agreement Concerning Continuation of Water Services. It is agreed that Ames shall provide water services to the Property, when requested by DEVELOPER. 5. Consideration. The Parties agree that the joint assistance of/between the Parties and the benefits received by each Party from DEVELOPER’S development of the Property constitutes full and adequate consideration for this Agreement. 6. Authorization and Approval by the Parties. The Parties each represent and warrant to the other that this Agreement and its performance have been authorized and approved by all necessary action of the Party, including, without limitation, all necessary action on the part of the governing body of each, and this Agreement constitutes a valid and binding agreement enforceable in accordance with its terms. 13 5 7 Complete Agreement and Effective Date. This Agreement, including the Exhibit, constitutes the entire, complete and final agreement of the Parties with respect to the matter described herein. This Agreement shall be fully executed upon the exchange of all of the signatures indicated below. This shall not be effective until a fully executed, original agreement is provided to Ames for recordation. 8. Intended Beneficiaries. This Agreement is made solely for the benefit of DEVELOPER and the Parties, and nothing herein shall be construed as creating any benefits, rights, remedies or claims in favor of any other entity or person. 9. No Precedent. The terms of this Agreement shall not otherwise be considered precedent for any other Xenia service territory relinquishment. 10. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which, taken together, shall constitute but one and the same agreement. 14 6 Xenia Rural Water District City of Ames, Iowa By Royce Hammitt CEO/General Manager By John A. Haila, Mayor Attest Corey Iben Office Manager Attest Renee Hall, City Clerk Executed , 2026 Executed , 2026 STATE OF IOWA, COUNTY OF STORY, ss: STATE OF IOWA, COUNTY OF STORY, ss: This instrument was acknowledged before me on , 2026, by Royce Hammitt and Corey Iben, as General Manager, and Office Manager respectively, of Xenia Rural Water District. Notary Public in and for the State of Iowa On this day of , 2026, before me, a Notary Public in and for the State of Iowa, personally appeared John A. Haila and Renee Hall, to me personally known and who, by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Ames, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation; and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. adopted by the City Council on the day of , 2026, and that John A. Haila and Renee Hall acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa 15 7 Exhibit A—Legal Description and Plat of Property/Service Territory Property Description: The Northwest Quarter of the Southwest Quarter of Section 22, Township 83 North, Range 24 West of the 5th P.M., Story County, Iowa, except Parcel B therein as shown on the Plat of Survey filed at Inst. No. 2012-01369. Said subdivision contains 36.87 acres, which includes 1.46 acres of existing public right of way. 16 8 Plat. 17