HomeMy WebLinkAboutOrd 25-4944 - ACT Rezoning & CZA - REZ24-0009 - PUBLISH 1-30-25Ordinance No. 25-4944
Ordinance conditionally rezoning approximately 48.6 acres of property
located north of N. Scott Blvd. and east of N. Dodge St. from Office
Research Park (ORP) zone and Interim Development Research Park (ID-
RP) zone to Mixed Use (MU) zone. (REZ24-0009)
Whereas, IntermediaryEd (formerly known as ACT, Inc.) has requested the rezoning of
property located north of N. Scott Blvd. and east of N. Dodge St. from Office Research Park (ORP)
zone and Interim Development Research Park (ID-RP) zone to Mixed Use (MU) zone; and
Whereas, the Comprehensive Plan indicates that the subject area is appropriate for uses
consistent with an Office Research Development Center, but provides flexibility for other uses
such as residential uses; and
Whereas, the property has never been platted and the rezoning allows for increased
development potential and creates a public need to subdivide the property to ensure an
interconnected street and block network prior to the issuance of any building permit for the
construction of new buildings or additions to existing buildings; and
Whereas, the rezoning creates a public need to ensure that the existing private streets can
accommodate the anticipated residential development by being improved to City street standards
as determined by the City Engineer and that these private streets are dedicated as public right-
of-way as part of the final platting process; and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the approval of a preliminary and final plat, ensuring the private streets meet
City standards and are upgraded as determined by the City Engineer, and that the private streets
are dedicated to the City as public right-of-way during the platting process, the requested zoning
is consistent with the Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2024) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and
Whereas, the owner, IntermediaryEd (formerly known as ACT, Inc.), has agreed that the
property shall be developed in accordance with the terms and conditions of the Conditional Zoning
Agreement attached hereto to ensure appropriate development in this area of the City.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein, property described below is hereby classified Mixed Use (MU) zone, as
indicated:
Auditor's Parcel 2019026, Iowa City, Johnson County, Iowa, according to the plat
thereof recorded in Book 62, Page 398, Plat Records of Johnson County, Iowa.
And
Auditor's Parcel 2019025, Iowa City, Johnson County, Iowa, according to the plat
thereof recorded in Book 62, Page 397, Plat Records of Johnson County, Iowa; excepting
therefrom that portion conveyed to the City of Iowa City for Right-of-Way in Warranty Deed
recorded in Book 6303, Page 859, records of Johnson County, Iowa.
And
Ordinance No 25-4944
Page 2
A tract of land in the Southeast quarter of Section 2, Township 79 North, Range 6 West of
the 5th P.M., described as follows: Beginning at the Northeast corner of the Southeast
Quarter of Section 2, thence Southerly along the East line of said Section 2, 100.00 feet to
a point, thence Northwesterly to a point on the North line of said Southeast quarter of
Section 2 which lies 100.00 feet westerly of the point of beginning, thence Easterly along
said North line of the Southeast Quarter of Section 2, 100.00 feet to the point of beginning.
And
The Southwest Quarter of the Northwest Quarter of Section 1, Township 79 North, Range
6 West of the 5th P.M., Johnson County, Iowa, lying North of the Northerly Right of Way line of
North Scott Boulevard, and lying East of the now vacated Right of Way of Old Dubuque Road
(sometimes referred to as North Dubuque Road) as described in Book 1518, Page 263,
of the records of Johnson County, Iowa located in the Northwest Quarter of the Southwest
Quarter of the Northwest Quarter of Section 1, Township 79 North, Range 6 West of the
5th P.M. now being a portion or possibly a portion of the private drives known as ACT Drive
and ACT Road.
Section II. Zoning Map. The building official is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage,
approval and publication of the ordinance as approved by law.
Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign,
and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
Section IV. Certification and Recording. Upon passage and approval of the Ordinance, the City
Clerk is hereby authorized and directed to certify a copy of this ordinance and any agreements or
other documentation authorized and required by the Conditional Zoning Agreement, and record the
same in the Office of the County Recorder, Johnson County, Iowa, at the Owner’s expense, upon
the final passage, approval and publication of this ordinance, as provided by law.
Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication in accordance with Iowa Code Chapter 380.
Passed and approved this 21st day of January 2025.
s/Bruce Teague, Mayor
Attest:s/Kellie Grace, City Clerk
*Submitted to publish on 01/30/2025
Ordinance No 25-4944
Page 3
Conditional Zoning Agreement
This agreement is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), IC
Grove East, LLC (hereinafter referred to as "Owner”), and Navigate Homes Iowa, LLC (hereinafter referred
to as “Applicant”).
Whereas, Owner is the legal title holder of approximately 27.68 acres of property located east of
Camp Cardinal Blvd and west of Camp Cardinal Rd., legally described below; and
Whereas, the Applicant has requested the rezoning of said property legally described below from Low
Density Multifamily Residential with a Planned Development Overlay (OPD/RM-12) to Low Density Multifamily
Residential with a Planned Development Overlay (OPD/RM-12); and
Whereas, the Comprehensive Plan indicates that the subject area is appropriate for residential
development at a density of 8-16 dwelling units per acre; and
Whereas, the Comprehensive Plan encourages a mix of housing types within each neighborhood
to provide options for households of all types and people of all incomes; and
Whereas, the Comprehensive Plan encourages pedestrian-oriented development and attractive
and functional streetscapes that make it safe, convenient, and comfortable to walk; and
Whereas, the rezoning creates a public need for construction of Camp Cardinal Rd to provide a
secondary access to the development; and
Whereas, the rezoning creates a public need for additional traffic calming devices at the intersection
of Deer Creek Rd and Camp Cardinal Rd to provide the safe street network envisioned in the
Comprehensive Plan; and
Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions
regarding contributing to the cost of developing Camp Cardinal Rd to urban design standards and also
contributing to the cost of constructing a traffic circle at the intersection of Deer Creek Rd and Camp
Cardinal Rd, the requested zoning is consistent with the Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2024) provides that the City of Iowa City may impose reasonable
conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public
needs caused by the requested change; and
Whereas, the Owner and Applicant agree to develop this property in accordance with the terms
and conditions of this Conditional Zoning Agreement.
Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows:
1. IC Grove East LLC is the legal title holder of the property legally described as:
Cardinal Heights Part One and Cardinal Heights Part Two in the City of Iowa City, Johnson County, Iowa
2. Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of
the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2024) provides
that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over
and above the existing regulations, in order to satisfy public needs caused by the requested
change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that
development of the subject property will conform to all requirements of the Zoning Code, as well
as the following conditions:
Ordinance No 25-4944
Page 4
a. Prior to issuance of a building permit, Owner shall contribute 50% of the cost of upgrading Camp
Cardinal Road to City standards in accordance with Iowa City Code of Ordinances 15-3-2. This
contribution shall include 50% of the cost of construction of the traffic circle at the intersection of
Deer Creek Road and Camp Cardinal Road
4. The conditions contained herein are reasonable conditions to impose on the land under Iowa Code
§414.5 (2024), and that said conditions satisfy public needs that are caused by the requested
zoning change.
5. This Conditional Zoning Agreement shall be deemed to be a covenant running with the land and
with title to the land, and shall remain in full force and effect as a covenant with title to the land,
unless or until released by the City of Iowa City. Once a building permit is issued, the conditions
shall be deemed satisfied and no further release of this agreement will be provided. The parties
further acknowledge that this agreement shall inure to the benefit of and bind all successors,
representatives, and assigns of the parties. In the event the subject property is transferred, sold,
redeveloped, or subdivided, all development will conform with the terms of this Conditional Zoning
Agreement.
6. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from
complying with all other applicable local, state, and federal regulations.
7. This Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning
the subject property, and that upon adoption and publication of the ordinance, this agreement shall
be recorded in the Johnson County Recorder's Office at the Applicant’s expense.
Dated this 21st day of January 2025.
City of Iowa City
s/Bruce Teague, Mayor
Attest:s/Kellie Grace, City Clerk
IntermediaryED (formerly ACT, Inc.).
By: s/Ranjit Sidhu, Executive Director
By: s/Curt Yedlik, CFO
*Submitted to publish on 01/30/2025