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HomeMy WebLinkAboutORD 25-4945 - Cardinal Heights - PUBLISH 02-13-25 Ordinance No. 25-4945 An ordinance conditionally rezoning approximately 27.68 acres of property located east of Camp Cardinal Blvd and west of Camp Cardinal Rd from Low Density Multifamily Residential Zone with a Planned Development Overlay (OPD/RM-12) to Low Density Multifamily Residential Zone with a Planned Development Overlay (OPD/RM-12) (REZ24-0010). Whereas, IC Grove East, LLC, and Navigate Homes Iowa, LLC, have requested a rezoning of property located east of Camp Cardinal Blvd and west of Camp Cardinal Rd. 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 and 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 construction of Camp Cardinal Rd and 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, IC Grove East LLC, and the applicants have 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 Low Density Multifamily Residential with a Planned Development Overlay (OPD/RM-12), as indicated: Cardinal Heights Part One and Cardinal Heights Part Two in the City of Iowa City, Johnson County, Iowa 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 4th day of February 2025. s/Bruce Teague, Mayor Attest:s/Kellie Grace, City Clerk *Submitted to publish on 02/13/2025 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: 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 4th day of February 2025. City of Iowa City s/Bruce Teague, Mayor Attest:s/Kellie Grace, City Clerk IC Grove East, LLC By: s/David L. Oyler, Manager Navigate Homes Iowa, LLC By: s/David L. Oyler, Manager *Submitted to publish on 02/13/2025