HomeMy WebLinkAboutORD 25-4951 - Rezoning N. Melrose & E. Camp Cardinal - PUBLISH 04-24-25
Ordinance No. _25-4951_
Ordinance conditionally rezoning approximately 7.2 acres of property located North of Melrose Ave. and East of Camp Cardinal
Blvd. from Interim Development Single-Family Residential (ID-RS) zone to Mixed Use (MU) zone (REZ24-0016).
Whereas, St. Andrew Presbyterian Church, has requested the rezoning of property located North of Melrose Ave. and East of
Camp Cardinal Blvd. from Interim Development Single-Family Residential (ID-RS) zone to Mixed Use (MU) zone; and
Whereas, the Comprehensive Plan indicates that the subject area is appropriate for Office Commercial following the approval of
the 2016 Comprehensive Plan Amendment (CPA 16-00001) and includes a resolution identifying Commercial Office (CO-1) zone as an
appropriate zone to transition to more intense uses (Res. No. 16-129); and
Whereas, the MU zone is comparable to the CO-1 zone because both zones allow residential uses, less intensive commercial
uses, and do not allow drinking establishments, quick vehicle servicing uses or outdoor storage and display oriented retail; and
Whereas, the Comprehensive Plan encourages compact, efficient development that is contiguous and connected to existing
neighborhoods to reduce the cost of extending infrastructure and services, ensures infill development is compatible and complementary
to the surrounding neighborhood, encourages a diversity of housing options in all neighborhoods, ensures a mix of housing types within
each neighborhood, and identifies and supports infill development and redevelopment opportunities in areas where services are already
in place; and
Whereas, the rezoning creates a public need for transportation access improvements which includes reconstruction of the median
and construction of a dedicated left-turn lane on Camp Cardinal Blvd. to be reviewed and approved by the City Engineer; and
Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions including reconstruction of the
median to allow access and construction of a dedicated left-turn lane on Camp Cardinal Blvd. prior to issuance of a building permit and
City Engineer approval, the requested zoning is consistent with the Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2025) 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, St. Andrew Presbyterian Church, 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 reclassified Mixed Use (MU) zone, as indicated:
AUDITOR’S PARCEL 2012061 AS RECORDED IN BOOK 57 PAGE 8 OF THE JOHNSON COUNTY RECORDER’S OFFICE, CITY
OF IOWA CITY, JOHNSON COUNTY, IOWA.
SAID AUDITOR’S PARCEL CONTAINS 7.20 ACRES AND IS SUBJECT TO EASEMENTS AND 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 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, as provided by law.
Passed and approved this 15th day of April 2025.
s/Bruce Teague, Mayor
Attest:s/Kellie Grace, City Clerk
*Submitted to publish on 04/24/2025
Conditional Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and St. Andrew
Presbyterian Church (hereinafter referred to as "Owner”).
Whereas, Owner is the legal title holder of approximately 7.2 acres of property located North of Melrose Ave. and East of
Camp Cardinal Blvd., legally described below; and
Whereas, the Owner has requested the rezoning of said property legally described below from the Interim Development Single-
Family Residential (ID-RS) zone to Mixed Use (MU) zone; and
Whereas, the Comprehensive Plan indicates that the subject area is appropriate for Office Commercial following the approval
of the 2016 Comprehensive Plan Amendment (CPA 16-00001) and includes a resolution identifying Commercial Office (CO-1) zone
as an appropriate zone to transition to more intense uses (Res. No. 16-129); and
Whereas, the MU zone is comparable to the CO-1 zone because both zones allow residential uses, less intensive commercial
uses, and do not allow drinking establishments, quick vehicle servicing uses or outdoor storage and display oriented retail; and
Whereas, the Comprehensive Plan encourages compact, efficient development that is contiguous and connected to
existing neighborhoods to reduce the cost of extending infrastructure and services, ensures infill development is compatible and
complementary to the surrounding neighborhood, encourages a diversity of housing options in all neighborhoods, ensures a mix of
housing types within each neighborhood, and identifies and supports infill development and redevelopment opportunities in areas
where services are already in place; and
Whereas, the rezoning creates a public need for transportation access improvements which includes reconstruction of the
median and construction of a dedicated left-turn lane on Camp Cardinal Blvd. to be reviewed and approved by the City Engineer;
and
Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions including reconstruction of
the median to allow access and construction of a dedicated left-turn lane on Camp Cardinal Blvd. prior to issuance of a building permit
and City Engineer approval, the requested zoning is consistent with the Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2025) 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. Owner is the legal title holders of the property legally described as:
AUDITOR’S PARCEL 2012061 AS RECORDED IN BOOK 57 PAGE 8 OF THE JOHNSON COUNTY RECORDER’S
OFFICE, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA.
SAID AUDITOR’S PARCEL CONTAINS 7.20 ACRES AND IS SUBJECT TO EASEMENTS AND 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 (2025) 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 the Owner shall reconstruct the median to allow access and also construct
a dedicated left-turn lane on Camp Cardinal Blvd. subject to review and approval by the City Engineer.
4. The conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2025), 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
inure to the benefit of and bind all successors, representatives, and assigns of the parties, and shall remain in full force
and effect until a building permit is issued for the above-described property, upon which occurrence these conditions shall
be deemed satisfied and this agreement of no further force and effect. Nothing in this Conditional Zoning Agreement shall
be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations.
6. 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 15th day of April 2025.
City of Iowa City
s/Bruce Teague, Mayor
Attest:s/Kellie Grace, City Clerk
St. Andrew Presbyterian Church
By: s/Patricia M. Benson, Clerk of Session
*Submitted to publish on 04/24/2025