HomeMy WebLinkAboutA036 - 5120 Tabor Drive - resolution approving Master Plan & Rezoning Agreement & third reading and adoption of ORD NO 4598 rezoning from A & FS-RL to RS-RL with Master PlanTo:Mayor & City Council
From:Benjamin Campbell, Planner
Date:June 23, 2026
Subject:Property Rezoning
Item No. 39
MEMO
The ordinance regarding rezoning the parcel at 5120 Tabor Drive from "A"
(Agricultural) and "FS-RL" (Floating Suburban-Residential Low Density) to "FS-
RL" (Floating Suburban-Residential Low Density) with Master Plan is attached
for third reading and adoption.
ATTACHMENT(S):
5120 Tabor Drive Rezoning.pdf
Rezoning Agreement with Master Plan for 5120 Tabor Drive.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
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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 5120 Tabor Drive, is rezoned from Agricultural
(A) and Floating Suburban-Residential Low Density (FS-RL) to Floating Suburban –
Residential Low Density (FS-RL) with a Master Plan.
Real Estate Description: Sunset Ridge Subdivision, 12th Addition, Outlot XX
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hereby repealed to the extent of such conflict.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 2
DO NOT WRITE IN THE SPACE ABOVE THIS LINE; RESERVED FOR RECORDER
Prepared by: Mark O. Lambert, City of Ames Legal Department, 515 Clark Ave., Ames, IA 50010; 515-239-5146
ZONING AGREEMENT FOR ADOPTION OF
THE MASTER PLAN FOR 5120 TABOR DRIVE
THIS AGREEMENT, made and entered into this ________ day of June 2026, by
and between the City of Ames, Iowa (hereinafter called “City”) and Pinnacle Properties
Ames, L.L.C, (hereinafter called “Developer”), its successors and assigns, both
collectively being referred to as the “Parties,”
WITNESSETH THAT:
WHEREAS, the Parties hereto desire the improvement and development of real
property in the City of Ames, locally known as 5120 Tabor Drive Avenue (hereinafter
referred to as the “Site”) and legally described as:
Outlot XX, Sunset Ridge Subdivision, Twelfth Addition, Ames, Story County,
Iowa; and
WHEREAS, the Site has an Established Residential Neighborhood 3 (RN-3)
designation in the Ames Plan 2040 and is zoned currently as Agricultural (A) with a small
portion zoned Floating Suburban Residential Low Density (FS-RL), and the Developer is
now seeking rezoning of the entire Site to FS-RL with Master Plan; 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 must be submitted as part of this rezoning
request as set forth in Ames Municipal Code section 29.1507;
WHEREAS, the Developer has submitted a Master Plan in conformance with the
requirements set forth in Ames Municipal Code section 29.1507(4); and
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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.
5120 TABOR DRIVE MASTER PLAN ADOPTED
The Master Plan, which is set forth at 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 be in compliance with the Master Plan.
II.
NONINCLUSION 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. 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.
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.
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C. Prior Agreements Binding. The terms of all prior Agreements
affecting this Site 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. 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.
Dated June _________, 2026.
PINNACLE PROPERTIES AMES, L.L.C.
STATE OF IOWA, COUNTY OF STORY, SS.:
This instrument was acknowledged before me on ______________________, 2026, by
Keith D. Arneson, as Manager of Pinnacle Properties Ames, L.L.C.
NOTARY PUBLIC
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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.
NOTARY PUBLIC
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ATTACHMENT ‘A’ – MASTER PLAN
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