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HomeMy WebLinkAboutORD 25-4946 - Western Homes - PUBLISH 02-13-25 Ordinance No. 25-4946 Ordinance conditionally rezoning approximately 31.65 acres of property located east of Camp Cardinal Road and north of Gathering Place Lane from Medium Density Single-Family Residential with a Planned Development Overlay (OPD/RS-8) to Medium Density Single-Family Residential with a Planned Development Overlay (OPD/RS-8). (REZ24-0008) Whereas, the Western Home Independent Living Services, Inc. has requested the rezoning of property located east of Camp Cardinal Road and north of Gathering Place Lane from Medium Density Single-Family Residential with a Planned Development Overlay (OPD/RS-8) zone to Medium Density Single-Family Residential with a Planned Development Overlay (OPD/RS-8) zone; and Whereas, the Comprehensive Plan indicates that the subject area is appropriate for residential development at a density of 2-8 dwelling units per acre and 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 rezoning creates a public need for construction of Camp Cardinal Road to provide access and traffic calming devices at the intersection of Deer Creek Road and Camp Cardinal Road to provide the safe street network envisioned in the Comprehensive Plan; and Whereas, in consideration for approval of angled on-street parking, which the City does not have a practice of maintaining, the planned development creates a public need to maintain any such angled on-street parking to ensure the high levels of services envisioned in the Comprehensive Plan; and Whereas, the Preliminary Planned Development Overlay and Sensitive Areas Development Plan proposes to remove the Camille Court right-of-way which creates a need to final plat prior to the issuance of a building permit; and Whereas, the rezoning creates a public need to ensure the development of high quality multi-family housing that is compatible with the mass and scale of the proposed neighborhood, mostly comprised of small scale single-family homes, by maintaining the standard zoning height limitations for the first ninety (90) feet measured perpendicularly from the right-of-way for the Building #103 area; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding construction of Camp Cardinal Road and a traffic circle at the intersection of Deer Creek Road and Camp Cardinal Road, an agreement between the Owner and the City to maintain on-street angled parking, approval of a final plat, and maintaining the standard zoning height limitations for a portion of the Building #103 area, 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, Western Home Independent Living Services, Inc., 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 Medium Density Single-Family Residential with a Planned Development Overlay (OPD/RS-8), as indicated: LOTS 1, 2, AND 3 OF WESTERN HOME GDP, PART ONE AS RECORDED IN BOOK 67, PAGE 196 OF THE JOHNSON COUNTY RECORDER’S OFFICE, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA. DESCRIBED AREA CONTAINS 31.65 ACRES AND IS SUBJECT TO EASEMENTS AND OTHER RESTRICTIONS OF RECORD. 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"), Western Home Independent Living Services, Inc. (hereinafter referred to as "Owner”). Whereas, Owner is the legal title holder of approximately 31.65 acres of property located east of Camp Cardinal Rd and north of Gathering Place Ln, legally described below; and Whereas, the Owner has requested the rezoning of said property legally described below from the Medium Density Single- Family Residential with a Planned Development Overlay (OPD/RS-8) zone to Medium Density Single-Family Residential with a Planned Development Overlay (OPD/RS-8) zone; and Whereas, the Comprehensive Plan indicates that the subject area is appropriate for residential development at a density of 2-8 dwelling units per acre and 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 rezoning creates a public need for construction of Camp Cardinal Road to provide access and traffic calming devices at the intersection of Deer Creek Road and Camp Cardinal Road to provide the safe street network envisioned in the Comprehensive Plan; and Whereas, in consideration for approval of angled on-street parking, which the City does not have a practice of maintaining, the planned development creates a public need to maintain any such angled on-street parking to ensure the high levels of services envisioned in the Comprehensive Plan; and Whereas, the Preliminary Planned Development Overlay and Sensitive Areas Development Plan proposes to remove the Camille Court right-of-way which creates a need to final plat prior to the issuance of a building permit; and Whereas, the rezoning creates a public need to ensure the development of high quality multi-family housing that is compatible with the mass and scale of the proposed neighborhood, mostly comprised of small scale single-family homes, by maintaining the standard zoning height limitations for the first ninety (90) feet measured perpendicularly from the right-of-way for the Building #103 area; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding construction of Camp Cardinal Road and a traffic circle at the intersection of Deer Creek Road and Camp Cardinal Road, an agreement between the Owner and the City to maintain on-street angled parking, approval of a final plat, and maintaining the standard zoning height limitations for a portion of the Building #103 area, 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 agrees 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. Western Home Independent Living Services, Inc. is the legal title holders of the property legally described as: LOTS 1, 2, AND 3 OF WESTERN HOME GPD, PART ONE AS RECORDED IN BOOK 67, PAGE 196 OF THE JOHNSON COUNTY RECORDER'S OFFICE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA. DESCRIBED AREA CONTAINS 31.65 ACRES AND IS SUBJECT TO EASEMENTS AND OTHER RESTRICTIONS OF RECORD. 2. Owner acknowledges 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 agrees 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 from Gathering Place Lane to the future extension of Deer Creek Road in accordance with 15-3-2 of the Iowa City Code. 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. b. In the event Owner desires to construct on-street angled parking, contemporaneous with City approval of construction drawings showing the same, Owner shall execute an agreement in a form approved by the City Attorney obligating the Owner to maintain such spaces. c. Prior to issuance of a building permit, a replat of the Western Home Gpd Subdivision showing the removal of the Camille Court right-of-way and demonstrating consistency with the Preliminary OPD and Sensitive Areas Development Plan must be approved. d. For the area occupied by Building #103, the height increase to forty-five (45) feet shall only apply beyond the first ninety (90) feet measured perpendicularly from the right-of-way. Within the first ninety (90) feet from the right-of-way, the maximum building height shall adhere to the standard zoning height limitations for the designated area. 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, 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. 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 Owner’s expense. Dated this 4th day of February 2025. City of Iowa City s/Bruce Teague, Mayor Attest:s/Kellie Grace, City Clerk Western Home Independent Living Services, Inc. By: s/Kris Hansen, CEO *Submitted to publish on 02/13/2025