HomeMy WebLinkAboutORD 25-4957 - South of E. Foster Rd (REZ25-0006) - PUBLISH 06-26-25 Ordinance No. 25-4957 Ordinance rezoning approximately 2.69 acres of land located South of E. Foster Rd. between N. Dubuque Street and Prairie du Chien Rd. from High Density Single-Family Residential (RS-12) zone to High Density Single-Family Residential with a Planned Development Overlay (OPD/RS-12) zone. (REZ25-0006) Whereas, the Owners, Mary Ellen, David Lee, and Raymond Alberhasky and M & B Alberhasky Properties, LLC, has requested the rezoning of 2.69 acres of land located South of E. Foster Rd. between N. Dubuque Street and Prairie du Chien Rd. from High Density Single-Family Residential (RS-12) zone to High Density Single-Family Residential with a Planned Development Overlay (OPD/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 reviewed the proposed rezoning and has recommended approval; and
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Property described below is hereby reclassified High Density Single-Family Residential with a Planned Development Overlay (OPD/RS-12) zone, as indicated: BEGINNING at the Southwest Corner of Lot 5 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 S89°56'41"E, along the South Line of said Lot 5, and the Easterly Projection thereof, 966.58 feet, to a Point on the West Line of a Resubdivision of Lot 30 Conway's Subdivision, in accordance with the Plat thereof Recorded in Plat Book 17 at Page 53 of the Records of the Johnson County recorder's Office; Thence S03°34'39"E, along said West Line, 48.28 feet; Thence S83°38'13"W, 1226.50 feet, to a Point on the East Right-of-Way Line of Foster Road, in accordance with the Condemnation Recorded in Book 3100 at Page 358 of the Records of the Johnson County Recorder's Office; Thence N57°07'54"E, along said Easterly Right-of-Way Line, 133.57 feet; Thence Northeasterly, 177.75 feet, along said Easterly Right-of-Way Line on a 783.00 foot radius curve, concave Northwesterly, whose 177.37 foot chord bears N50°37'42"E; Thence Northeasterly, 0.07 feet, along said Easterly Right-of-Way Line on a 467.00 foot radius curve, concave Southeasterly, whose 0.07 foot chord bears N44°07'45"E, 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. 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 IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. 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 VI. 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