HomeMy WebLinkAboutORD 25-4956 & CZA - North of E. Foster Rd (REZ25-0005)- PUBLISH 06-26-25 Ordinance No. 25-4956 Ordinance conditionally rezoning approximately 2.69 acres of land located North of E. Foster Rd. between N. Dubuque Street and Prairie du Chien Rd. from High Density Single-Family Residential with a Planned Development Overlay (OPD/RS-12) zone to High Density Single-Family Residential (RS-12) zone. (REZ25-0005) Whereas, Foster Road Development, LLC, has requested the rezoning of land located North of E. Foster Rd. between N. Dubuque Street and Prairie du Chien Rd. from High Density Single-Family Residential with a Planned Development Overlay (OPD/RS-12) zone to High Density Single-Family Residential (RS-12) zone.; and Whereas, the Comprehensive Plan and North District Plan indicates that the subject area is appropriate for Conservation Design and Public/Private Open Space uses; and Whereas, the Conservation Design land use designation is intended primarily for areas where sensitive environmental features or the land topography limit the development potential of the land; and Whereas, the Public/Private Open Space land use designation identifies existing open space that is important for the protection of sensitive natural features and allows for development if density is clustered away and the proposal meets the zoning requiremnts and the Iowa City Sensitive Areas Ordinance; and Whereas, the Planning and Zoning Commission has determined that the proposed boundary line adjustment for Lot 4 Forest Hill Estates be approved prior to issuance of a building permit; 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 High Density Single-Family Residential (RS-12) zone, as indicated: BEGINNING at the Northwest Corner of Lot 4 of "Amended" Forest Hill Estates, to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 62 at Pages 109-110 of the Records of the Johnson County Recorder's Office; Thence N89°29'44"E, along the North Line of said Lot 4, a distance of 200.30 feet; Thence S02°35'04"E, 311.07 feet; Thence S13°42'14"W, 389.59 feet, to a Point on the South Line of said Lot 4; Thence S89°56'41"E, along said South Line, 90.87 feet, to the Southwest Corner thereof; Thence N02°35'40"W, along the West Line of said Lot 4, a distance of 688.11 feet, to the POINT OF BEGINNING. Said Rezoning Parcel contains 2.69 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 17th day of June 2025. s/Bruce Teague, Mayor Attest:s/ Kellie Grace, City Clerk *Submitted to publish on 06/26/2025
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 2.69 acres of land located North of E. Foster Rd. between N. Dubuque Street and Prairie du Chien Rd., legally described below; and Whereas, the Owner has requested the rezoning of said property legally described below from High Density Single-Family Residential with a Planned Development Overlay (OPD/RS-12) zone to High Density Single-Family Residential (RS-12) zone; and Whereas, the Conservation Design land use designation is intended primarily for areas where sensitive environmental features or the land topography limit the development potential of the land; and Whereas, the Public/Private Open Space land use designation identifies existing open space that is important for the protection of sensitive natural features and allows for development if density is clustered away and the proposal meets the zoning requiremnts and the Iowa City Sensitive Areas Ordinance; and Whereas, the Planning and Zoning Commission has determined that the proposed boundary line adjustment for Lot 4 Forest Hill Estates be approved prior to issuance of a building permit; 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 4 of "Amended" Forest Hill Estates, to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 62 at Pages 109-110 of the Records of the Johnson County Recorder's Office; Thence N89°29'44"E, along the North Line of said Lot 4, a distance of 200.30 feet; Thence S02°35'04"E, 311.07 feet; Thence
S13°42'14"W, 389.59 feet, to a Point on the South Line of said Lot 4; Thence S89°56'41"E, along said South Line, 90.87 feet, to the Southwest Corner thereof; Thence N02°35'40"W, along the West Line of said Lot 4, a distance of 688.11 feet, to the POINT OF BEGINNING. Said Rezoning Parcel contains 2.69 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 and North District 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 4 Forest Hill Estates 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. 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.
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 17th day of June 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 06/26/2025