HomeMy WebLinkAboutORD 25-4952 & CZA - 691 E. Foster Rd - PUBLISH 05-15-25 Ordinance No. 25-4952 An ordinance conditionally rezoning approximately 0.06 acres for a portion of the property located at 691 E. Foster Rd. from High Density Single-Family Residential zone with a Planned Development Overlay (OPD/RS-12) to Low Density Single-Family Residential (RS-5) zone. (REZ25-0003). Whereas, Foster Road Development, LLC, has requested the rezoning for a portion of the property located at 691 E. Foster Rd. from High Density Single-Family Residential zone with a Planned Development Overlay (OPD/RS-12) to Low Density Single-Family Residential (RS-5) zone; and Whereas, the Comprehensive Plan indicates that the subject area is appropriate for Public/Private Open Space uses and the North District Plan indicates that the subject area is appropriate for Single-Family and Duplex Residential; and Whereas, the Comprehensive Plan encourages a diversity of housing options in all neighborhoods, concentrates new development in areas contiguous to existing neighborhoods where it is most cost effective and to extend infrastructure and services, and encourages compact, efficient development that is contiguous and connected to existing neighborhoods; and Whereas, the rezoning creates a public need for improved site access for city vehicles which includes the installation of additional pavement at the intersection of St. Anne’s Drive and Buresh Avenue; and Whereas, the Planning and Zoning Commission has determined that the proposed boundary line adjustment for Lot 25 in conjunction with the request for City Engineer approved construction drawings prior to issuance of a building permit and the installation of additional pavement to improve city vehicle access to be completed prior to certificate of occupancy that 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, Foster Road Development, LLC, 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 Low Density Single-Family Residential (RS-5) zone, as indicated: BEGINNING at the Northwest Corner of Lot 25 of Conway's Subdivision, to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 253 of the Records of the Johnson County Recorder's Office; Thence S03°34'39"E, along the west Line of said Lot 25, and the Southerly Projection thereof, 112.47 feet, to a Point on the Northerly Right-of-Way of St. Anne's Drive; Thence S59°02'57"E, along the Southwesterly Projection of said St. Anne's Drive, 3.63 feet; Thence N30°57'03"W, 94.87 fee; Thence N53°52'27"E, 55.57 feet, to the POINT OF BEGINNING. Said Auditor's Parcel 2025003 contains 2,807 square feet, 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 6th day of May 2025. s/Bruce Teague, Mayor Attest:s/ Kellie Grace, City Clerk *Submitted to publish on 05/15/2025
Conditional Zoning Agreement This agreement is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Foster Road Development, LLC (hereinafter referred to as "Owner”). Whereas, Owner is the legal title holder of approximately 0.06 acres for a portion of the property located at 691 E. Foster Rd., legally described below; and Whereas, the Owner has requested the rezoning of said property legally described below from High Density Single-Family Residential zone with a Planned Development Overlay (OPD/RS-12) to Low Density Single-Family Residential (RS-5) zone; and Whereas, the Comprehensive Plan indicates that the subject area is appropriate for Public/Private Open Space uses and the North District Plan indicates that the subject area is appropriate for Single-Family and Duplex Residential; and Whereas, the Comprehensive Plan encourages a diversity of housing options in all neighborhoods, concentrates new development in areas contiguous to existing neighborhoods where it is most cost effective and to extend infrastructure and services, and encourages compact, efficient development that is contiguous and connected to existing neighborhoods; and Whereas, the rezoning creates a public need for improved site access for city vehicles which includes the installation of additional pavement at the intersection of St. Anne’s Drive and Buresh Avenue; and Whereas, the Planning and Zoning Commission has determined that the proposed boundary line adjustment for Lot 25 in conjunction with the request for City Engineer approved construction drawings prior to issuance of a building permit and the installation of additional pavement to improve city vehicle access to be completed prior to certificate of occupancy that 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:
BEGINNING at the Northwest Corner of Lot 25 of Conway's Subdivision, to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 253 of the Records of the Johnson County Recorder's Office; Thence S03°34'39"E, along the west Line of said Lot 25, and the Southerly Projection thereof, 112.47 feet, to a Point on the
Northerly Right-of-Way of St. Anne's Drive; Thence S59°02'57"E, along the Southwesterly Projection of said St. Anne's Drive, 3.63 feet; Thence N30°57'03"W, 94.87 fee; Thence N53°52'27"E, 55.57 feet, to the POINT OF BEGINNING. Said Auditor's Parcel 2025003 contains 2,807 square feet, 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. In consideration of the City's rezoning of the subject property, Owners agree that no building permit shall be issued for Lot 25 Conway's Subdivision until the City approves a boundary line adjustment for the subject property
that conforms to the zoning boundaries established by the rezoning ordinance to which this Agreement is attached. b. Prior to the issuance of a certificate of occupancy for Lot 25 Conway’s Subdivision, Owner shall install
additional pavement at the intersection of St. Anne’s Drive and Buresh Avenue, similar in design to what exists at the
other end of the block adjacent to 840-852 St. Anne’s Drive, so as to allow City vehicles to provide services to the lot without having to back up. Prior to issuance of a building permit for said lot, Owner shall submit construction
drawings for the proposed improvements and obtain approval of said construction drawing by the City Engineer. Any
property acquisition needed to make said improvements shall be acquired by the Owner prior to the issuance of a building permit for said lot.
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 certificate of occupancy 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 6th day of May 2025. City of Iowa City s/Bruce Teague, Mayor Attest:s/Kellie Grace, City Clerk Foster Road Development, LLC By: s/James Glasgow, Partner
*Submitted to publish on 05/15/2025