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HomeMy WebLinkAbout2025-04-01 Public hearingNOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at which time the Council will consider: An 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) An ordinance conditionally rezoning approximately 5.49 acres of property located between N. Dodge and N. Governor Streets from Medium Density Single -Family Residential (RS- 8) zone, High Density Single -Family Residential (RS-12) zone, Medium Density Multi -Family Residential (RM-20) zone, and Multi -Family Residence (R3B) zone to High Density Single - Family Residential Zone with a Planned Development Overlay (OPD/RS-12) for approximately 0.17 acres and to Medium Density Multi -Family Residential Zone with a Planned Development Overlay (OPD/RM-20) for approximately 5.32 acres. (REZ24-0001) Said public hearing will be held at 6:00 p.m. on the 1st of April 2025, in Emma J. Harvat Hall at City Hall, 410 E. Washington St., in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. A copy of the proposed ordinance is on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above -mentioned time and place. Copies may also be made available by telephoning the City Clerk at 319-356- 5043 or emailing kellie-fruehling@iowa-city.org Madison Conley, Associate Planner 0 Prepared by: Madison Conley, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (REZ24-0016) Ordinance No. An 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 complimentary 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 regarding that 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, 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: Ordinance No. Page 2 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. DESCRIBED AREA CONTAINS 7.30 ACRES. 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 day of 2025. Mayor Attest: - 4 City Clerk C Approved by :D co City Attorney's Office Prepared by: Madison Conley, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (REZ24-0016) Conditional Zoning Agreement to This agreement is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), St. Andrew Presbyterian Church (hereinafter referred to as "Ow,ner".)' 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 complimentary 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 regarding that 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, 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. DESCRIBED AREA CONTAINS 7.30 ACRES. 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 day of City of Iowa City Bruce Teague, Mayor Attest: Kellie Grace, City Clerk 2025. St. Andrew Presbyterian Chur&h' LIM 1► Approved by: City Attorney's Office City of Iowa City Acknowledgement: State of Iowa ) ss: Johnson County ) 7C75 MAR 10 Pi~ ki: ts9 F This instrument was acknowledged before me on , 2025 by Bruce Teague and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) My commission expires: St Andrew Presbyterian Church Acknowledgement: State of _ County of This record was acknowledged before me on (name) as , 2025 by (title) of St. Andrew Presbyterian Church Notary Public in and for the State of Iowa (Stamp or Seal) My commission expires: 3 Item 9.a: Rezoning - North of Melrose Ave and East of Camp Cardinal Blvd. (REZ24-0016) 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. (First Consideration) N W E S, 0 0.030.05 0.1 Miles I i I i I REZ24-0016 Camp Cardinal Blvd & Melrose Ave vk\�. ID,RS Prepared By: Rachael Schaefer , Date Prepared: January 2025 NIG Proposed Zoning District Proposed Zone: Mixed Use (MU) Provide a transition from commercial and employment centers to less intensive residential zones Allows a mix of residential and commercial uses Not Allowed Drinking establishments Quick vehicle servicing uses Industrial uses PR PR P PR PR PR P Rezoning Review Criteria All rezonings reviewed to the following standards: Consistency with the Comprehensive Plan Compatibility with existing neighborhood 2-8 Dwelling Units per Acre 4 Office Commercial Resolution 16-129 Proximity to Highway 218 Buffers between residential development and major highways encouraged Commercial Office (CO-1) zone is appropriate MU Zone • Similarities between CO-1 and MU zone • Allows residential and less intensive commercial uses • Not Allowed: Drinking establishments, quick vehicle servicing uses, and outdoor storage and display oriented retail EWV • Encourage compact, efficient development that is contiguous and connected to existing neighborhoods to reduce the cost of extending infrastructure and services and to preserve farmland and open space at the end of the city Encourage a diversity of housing options in all neighborhoods • Ensure that infill development is compatible and complementary to the surrounding neighborhood Ensure a mix of housing types within each neighborhood, to provide options for households of all types and people of all incomes Identify and support infill development and redevelopment opportunities in areas where services and infrastructure already in place Mix of single-family and multi -family residential with institutional use Woodlands along the eastern portion of the property 30' pipeline easement that runs to the north and south Create a natural buffer between development and the single-family land use to the east Sensitive Areas Development Plan required Regulates surface parking, screening building scale, articulation, orientation, etc. Lighting —Medium illumination district )I I L 1111- UKIvlAI lUIN: SITE DESCRIPTION AUDITOR'S PARCEL 2012061 PLATTED AREA 7.20 ACRES DEVELOPABLE AREA 4.35 ACRES ZONING CURRENT ID-RS PROPOSED MIXED USE - MU SETBACKS FRONT MIN 5 FEET MAX 15 FEET SIDE 5 + 2* FEET REAR ATTACHED SINGLE FAMILY 20 FEET MULTI -FAMILY 5+2* FEET - ADD 2' FOR EACH STORY ABOVE 2 BUILDING BULK HEIGHT 35 FEET BUILDING COVERAGE 50 % UNIT DENSITY ALLOWED EFFICIENCY & 1-BEDROOM 2,725 BE 2-BEDROOM 2,275 SF 3-BEDROOM 2,275 SF r — � <ae- REAR 41BAC,K O_ rT ZTT �a < IFFEF T welch Ll,� FIBS design+development i=. F STANDREWPRESBYTERIANCHURCH 1—APE MELROSE AVENUE TRIANGLE LAND AUDITOR'S PARCEL 2012061 REN90N FDG REv DEscRIPnoN DnIE LEGEND: WOODLANDS -- CLIEM REVIEW 10-23-24 DEVELOPMENT PRSERVDWOODIER: PRESERVED WOODLAND cT xnN[_ BUFFERED—RIAND ;ems SITE AND ZONING ANALYSIS IMPACTED --ND R��1102- re�WELCHGER llEl -- CONSTRUCTION AREA LTMTrs —'-- 11L72-If1Id 1.1 .00 Transportation & Public Infrastructure Camp Cardinal Blvd access contains a median that limits ingress and egress Staff is recommending a condition that the Owner shall reconstruct the median to allow access and also construct a dedicated left -turn lane on Camp Cardinal Blvd Annexation/Rezoning to "ID-RS" Interim Development Residential Comprehensive Plan Amendment of the Future Land Use Plan Map to Office Commercial — P&Z recommendation to City Council (2016) Rezoning Single -Family Residential (ID-RS) zone to Mixed Use (MU) zone— P&Z recommendation to City Council (March 2025) Preliminary Plat — P&Zand City Council Final Plat —City Council Final Sensitive Areas Development Plan & Site Plan —Staff Review Building Permits — Staff Review Planning & Zoning Commission Recommendation The Planning &Zoning Commission recommends approval of REZ24-0016, a proposal to rezone approximately 7.2 acres of land located east of Camp Cardinal Blvd and north of Melrose Ave from Interim Development Single -Family Residential (ID-RS) to Mixed Use (MU) subject to the following conditions: 1. Prior to issuance of a building permit 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 City Engineer. C06Y)x t6 RQril IS q, NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at which time the Council will consider: An 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) An ordinance conditionally rezoning approximately 5.49 acres of property located between N. Dodge and N. Governor Streets from Medium Density Single -Family Residential (RS- 8) zone, High Density Single -Family Residential (RS-12) zone, Medium Density Multi -Family Residential (RM-20) zone, and Multi -Family Residence (R3B) zone to High Density Single - Family Residential Zone with a Planned Development Overlay (OPD/RS-12) for approximately 0.17 acres and to Medium Density Multi -Family Residential Zone with a Planned Development Overlay (OPD/RM-20) for approximately 5.32 acres. (REZ24-0001) Said public hearing will be held at 6:00 p.m. on the 1st of April 2025, in Emma J. Harvat Hall at City Hall, 410 E. Washington St., in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. A copy of the proposed ordinance is on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above -mentioned time and place. Copies may also be made available by telephoning the City Clerk at 319-356- 5043 or emailing kellie-fruehling@iowa-city.org Madison Conley, Associate Planner Prepared by: Anne Russett, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; (REZ24-0001) Ordinance No. Ordinance conditionally rezoning approximately 5.49 acres of pproperty located between N. Dodge and N. Governor Streets frv� �1 dk Density Single -Family Residential (RS-8) zone, High Density Single - Family Residential (RS-12) zone, Medium Density .`. Multi=Family Residential (RM-20) zone, and Multi -Family Residence (R313) zone to High Density Single -Family Residential Zone with a Planned Development Overlay (OPD/RS-12) for approximately 0.17 acres and to Medium Density Multi -Family Residential Zone with a Planned Development Overlay (OPD/RM-20) for approximately 5.32 acres. (REZ24-0001) Whereas, TSB Holdings, LLC has requested the rezoning of property located at 900 N. Dodge St, 902 N. Dodge St., 905 N. Governor St, 906 N. Dodge St., 908 N. Dodge St., 909 N. Governor St., and 911 N. Governor St. from Medium Density Single -Family Residential (RS-8) zone, High Density Single -Family Residential (RS-12) zone, Medium Density Multi -Family Residential (RM- 20) zone, and Multi -Family Residence (R313) zone to Medium Density Multi -Family Residential (RM-20) zone and High Density Single -Family Residential (RS-12) zone with a Planned Development Overlay (OPD); and Whereas, due to prior court rulings, portions of the subject property remain zoned an obsolete multi -family zoning designation from the 1970s (R313), while other portions of the subject property are zoned with various modern zoning designations; and Whereas, the City is acting as a co -applicant on this rezoning due to 1) concerns regarding the existing 1970s zoning and the haphazard development that the current zoning configuration would allow, 2) interest in applying a modern zoning designation to any redevelopment, and 3) City Council Strategic Plan goals related to establishing partnerships and collaborations within the community, particularly in the interest of advancing housing goals, which would include increasing the housing supply; and Whereas, the IC2030 Comprehensive Plan identifies that the subject property is appropriate for multi -family development at a density of 16-24 dwelling units per acre along N. Dodge Street and residential development at a density of 2-8 dwelling units per acre along N. Governor Street; and Whereas, the Central District Plan identifies the area as appropriate for a mix of Single -Family and Duplex Residential, Open Space, and Low to Medium Density Multi -Family with a development density of 8-24 dwelling units per acre; and Whereas, there are a number of goals and strategies that align with the proposed rezoning including encouraging compact, efficient development; ensuring a mix of housing types; supporting infill development, and improving access to parks; and Whereas, the Central District Plan specifically references the subject property and states that "Another pocket of multi -family development in the northern part of the district along Dodge Street is zoned R313, which is an obsolete zoning designation no longer used in the City Code. This area should be rezoned to a valid designation such as RM-20, which acknowledges the density of the existing multi -family development on the property"; and Ordinance No. Page 2 Whereas, the rezoning creates a need to resubdivide the property prior to issuance of a building permit to ensure the subject property conforms to the zoning boundaries and a need to convert an existing duplex to one dwelling unit prior to the approval of the final plat to'ensure conformance with density requirements; and Whereas, the rezoning creates a public need for aAffbnal ri6VA_0 1d1d1 Ql easements along N. Governor Street to accommodate a sidewalk; and Whereas, the rezoning creates a public need for a temporary,corlstr`u'ction easement along N. Dodge Street to facilitate the planned reconstruction of the street that the City is pursuing in partnership with the Iowa Department of Transportation; and Whereas, the rezoning creates a public need to address the existing water service lines for the apartment buildings along N. Dodge Street, which are currently tapped off of the water main in N. Governor Street, which must be abandoned and new service lines established that are tapped off of the water main in N. Dodge Street; and Whereas, the rezoning creates a public need to enhance the southern view of the subject property, due to its proximity to Happy Hollow Park, by screening the proposed retaining wall to the S3 standard; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding a re -final plat, the conversion of the duplex, dedication of right-of-way and easements, and the establishment of water services lines that are tapped off of the water main in N. Dodge Street, 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, TSB Holdings, 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 classified High Density Single -Family Zone with a Planned Development Overlay (OPD/RS-12): BEGINNING at the Northwest Corner of Lot 49 of the Subdivision of the Southeast Quarter Section 3-T79N-R6W, in accordance with the Plat thereof Recorded in Book 1 at Page 1 of the Records of the Johnson County Recorder's Office; Thence N89°37'57"E, along the North Line of said Lot 49, a distance of 96.71 feet; Thence S00°36'51 "E, 66.71 feet; Thence S89023'45"W, 130.27 feet, to a Point on the Easterly Right -of -Way Line of North Dodge Street; Thence N25°57'16"E, along said Easterly Right -of -Way Line, 75.03 feet, to the POINT OF BEGINNING. Said Rezoning Parcel #2 contains 0.17 Acre, and is subject to easements and restrictions of record. And, subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below is hereby classified Medium Density Multi -Family with a Planned Development Overlay (OPD/RM-20): BEGINNING at the Southeast Corner of Lot 12 of Bacon's Subdivision, in accordance with the Plat thereof Recorded in Book 1 at Page 5 of the Records of the Johnson County Recorder's Office; Thence S89°33'04"W, along the South Line of said Bacon's Subdivision, and the South Ordinance No. Page 3 Line of Lots 51, and 50 of the Subdivision of the Southeast Quarter Section 3-T79N-R6W, in accordance with the Plat thereof Recorded in Book 1 at Page 1 of the Records of the Johnson County Recorder's Office, 758.91 feet, to its intersection with the Easterly Right -of -Way Line of North Dodge Street; Thence N00°55'46"W, along said Easterly Right -of -Way Line, 46.06 feet; Thence N25057'16"E, along said Easterly Right -of -Way Line, 273.89 feet; Thence N89023'45"E, 130.27 feet; Thence N00°36'51 "W, 66.71 feet, to a Point on the North Line of Lot 49 of said Subdivision of the Southeast Quarter Section 3-T79N-R6W; Thence N89037'57"E, along said North Line, 246.17 feet, to the Northeast Corner thereof, and a Point on the West Line of Lot 7 of said Bacon's Subdivision; Thence S00013'35"E, along said West Line, 4.49 feet, to the Southwest Corner thereof, and the Northwest Corner of Lot 8 of said Subdivision of the Southeast Quarter Section 3-T79N-R6W; Thence N89018'10"E, along the North Line of Said Lot 8, a distance of 172.08 feet, to the Northeast Corner thereof, and a Point on the Westerly Right -of -Way Line of North Governor Street; Thence S28036'44"E, along said Westerly Right -of -Way Line, 186.77 feet; Thence S00045'45"E, along said Westerly Right -of -Way Line, 189.70 feet, to the POINT OF BEGINNING. Said Rezoning Parcel #1 contains 5.32 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 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. Severabi!j!IL 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 day of , 2025. Mayor Attest: City Clerk Approved by City Attorney's Office Ordinance No. Page 4 Prepared by: Anne Russett, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (REZ24-0o01) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corp'Oration (hereinafter "City"), and TSB Holdings, LLC (hereinafter referred to as "Owner"). A I Whereas, Owner is the legal title holder of approximately 5.49 acres of property located between N. Dodge Street and N. Governor Street, legally described below; and Whereas, the Owner has requested the rezoning of said property legally described below from Medium Density Single -Family Residential (RS-8) zone, High Density Single -Family Residential (RS-12) zone, Medium Density Multi -Family Residential (RM-20) zone, and Multi - Family Residence (R313) zone to High Density Single -Family Residential Zone with a Planned Development Overlay (OPD/RS-12) for approximately 0.17 acres and to Medium Density Multi - Family Residential Zone with a Planned Development Overlay (OPD/RM-20) for approximately 5.32 acres; and Whereas, the rezoning creates a need to resubdivide the property prior to issuance of a building permit to ensure the subject property conforms to the zoning boundaries and a need to convert an existing duplex to one dwelling unit prior to the approval of the final plat to ensure conformance with density requirements; and Whereas, the rezoning creates a public need for additional right-of-way and easements along N. Governor Street to accommodate a sidewalk; and Whereas, the rezoning creates a public need for a temporary construction easement along N. Dodge Street to facilitate the planned reconstruction of the street that the City is pursuing in partnership with the Iowa Department of Transportation; and Whereas, the rezoning creates a public need to address the existing water service lines for the apartment buildings along N. Dodge Street, which are currently tapped off of the water main in N. Governor Street, which must be abandoned and new service lines established that are tapped off of the water main in N. Dodge Street; and Whereas, the rezoning creates a public need to enhance the southern view of the subject property, due to its proximity to Happy Hollow Park, by screening the proposed retaining wall to the S3 standard; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding a re -final plat, the conversion of the duplex, dedication of right-of-way and easements, and the establishment of water services lines that are tapped off of the water main in N. Dodge Street, 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: =U.J.5 10 Pi vF: 1 1. Owner is the legal title holder of the property legally described as: BEGINNING at the Northwest Corner of Lot 49 of the Subdivision of- the l 0'-utheast -Quarter Section 3-T79N-R6W, in accordance with the Plat thereof Recorded in Book 1 at Page 1 of the Records of the Johnson County Recorder's Office; Thence N89037'57"E, along the North Line of said Lot 49, a distance of 96.71 feet; Thence S00°36'51 "E, 66.71 feet; Thence S89023'45"W, 130.27 feet, to a Point on the Easterly Right -of -Way Line of North Dodge Street; Thence N25057'16"E, along said Easterly Right -of -Way Line, 75.03 feet, to the POINT OF BEGINNING. Said Rezoning Parcel #2 contains 0.17 Acre, and is subject to easements and restrictions of record. me BEGINNING at the Southeast Corner of Lot 12 of Bacon's Subdivision, in accordance with the Plat thereof Recorded in Book 1 at Page 5 of the Records of the Johnson County Recorder's Office; Thence S89°33'04"W, along the South Line of said Bacon's Subdivision, and the South Line of Lots 51, and 50 of the Subdivision of the Southeast Quarter Section 3-T79N-R6W, in accordance with the Plat thereof Recorded in Book 1 at Page 1 of the Records of the Johnson County Recorder's Office, 758.91 feet, to its intersection with the Easterly Right -of -Way Line of North Dodge Street; Thence N00°55'46"W, along said Easterly Right -of -Way Line, 46.06 feet; Thence N25°57'16"E, along said Easterly Right -of -Way Line, 273.89 feet; Thence N89023'45"E, 130.27 feet; Thence N00036'51 "W, 66.71 feet, to a Point on the North Line of Lot 49 of said Subdivision of the Southeast Quarter Section 3-T79N-R6W; Thence N89037'57"E, along said North Line, 246.17 feet, to the Northeast Corner thereof, and a Point on the West Line of Lot 7 of said Bacon's Subdivision; Thence S00°13'35"E, along said West Line, 4.49 feet, to the Southwest Corner thereof, and the Northwest Corner of Lot 8 of said Subdivision of the Southeast Quarter Section 3-T79N-R6W; Thence N89°18'10"E, along the North Line of Said Lot 8, a distance of 172.08 feet, to the Northeast Corner thereof, and a Point on the Westerly Right -of -Way Line of North Governor Street; Thence S28036'44"E, along said Westerly Right -of -Way Line, 186.77 feet; Thence S00045'45"E, along said Westerly Right -of -Way Line, 189.70 feet, to the POINT OF BEGINNING. Said Rezoning Parcel #1 contains 5.32 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. In consideration of the City's rezoning the subject property, Owners agree that no building permit shall be issued for Lot 1 as shown on the Preliminary Planned Development Overlay Plan until the City Council approves a final plat resubdividing 2 the subject property to conform to the zoning boundaries established by the rezoning ordinance to which this Agreement is attached. PriWoRIle lap-rbval of the Final Plat, the Owner shall convert the existing duplex as shown on Lot 2 of the Preliminary Planned Development Overlay Plan to one dwelling unit to ensure compliance with the maximum density standards of the zone. c. As part of Final Plat approval, the Owner shall dedicate public right-of-way and easements along N. Governor Street consistent with what is shown on the Preliminary Planned Development Overlay Plan subject to review and approval by the City Engineer. d. As part of Final Plat approval, the Owner shall grant a temporary construction easement on the western 10' of the subject property abutting N. Dodge Street. e. Prior to the issuance of a building permit for Lot 1 as shown on the Preliminary Planned Development Overlay Plan, the existing water services for 902, 904, and 906 N. Dodge Street that are tapped off of the water main in N. Governor Street shall be abandoned, and new services for 902, 904, and 906 N. Dodge Street shall be installed that are tapped off of the water main in N. Dodge Street subject to review and approval by the City Engineer. f. As part of site plan approval, the length of the retaining wall proposed at the south end of the subject property shall be screened to the S3 standard. 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 day of City of Iowa City Bruce Teague, Mayor , 2025. TSB Holdings, LLC By: 3 Attest: Kellie Grace, City Clerk Approved by: City Attorney's Office City of Iowa City Acknowledgement: State of Iowa } } ss: Johnson County } This instrument was acknowledged before me on , 2025 by Bruce Teague and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) My commission expires: TSB Holdings, LLC Acknowledgement: State of County of This record was acknowledged before me on : 2025 by (name) as (title) of TSB Holdings, LLC. Notary Public in and for the State of Iowa (Stamp or Seal) My commission expires: Il