HomeMy WebLinkAbout2025-06-03 Public hearingNOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be
held by the City Council of Iowa City, I'M V.
which time the Council will consider: 1Y 13 AM 11: 16
An ordinance conditionally rezoning approximately i i Y C L_ �I i
2.69 acres of land located North of E. Foster !Rd.'A 01 T Y, I0 <<'v!
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)
An 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)
Said public hearing will be held at 6:00 p.m. on the
V of June 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 kelli"race@iowacity.org
Madison Conley, Associate Planner
Prepaietl by. Madison Conley, Associate Planner, 410 E. WasMngton street, Iowa City, IA 52240; 319-3565230 (REZ 5-0005)
Ordinance No.
An 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 Citi may impose
reasonable conditions on granting a rezoning request, over and above existing`-rQgu_*ions, in
order to satisfy public needs caused by the requested change; and
v
Whereas, the Owner, Foster Road Development, LLC, has agreed that the propery 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 Comer 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 Comer thereof; Thence
NO2"35'40"W, along the West Line of said Lot 4, a distance of 688.11 feet, to the POINT OF
Ordinance No.
Page 2
BEGINNING. Said Rezoning Parcel contains 2.69 Acres, and is subject to easements and
restrictions of record.
Section II. Zoning Mao. 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
City Clerk
Approved by
City Attorney's Office
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Prepared by: Madison Conley, Associate Planner, 410 E Washington, Inure City, IA 52240 (RPS25-0005)
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 wi@rthe tef ns and
conditions of this Conditional Zoning Agreement. -
Now, therefore, in consideration of the mutual promises contained herein, the parties agree as
follows: rv,
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
NO2"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 _day of , 2025,
City of Iowa City Foster Road Development, LLC
Bruce Teague, Mayor By:
Attest:
Kettle 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 Grace 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
Foster Road Development, LLC Acknowledgement:
State of _
County of
This record was acknowledged before me on , 2025 by
(name) as (title) of Foster Road Development, LLC
Notary Public in and for the State of Iowa
(Stamp or Seal)
My commission expires:
1
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,.... �
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Prepared by: Madison Conley, Assodate Planner, 410 E. Washington Street loxes City, IA 52240; 319-356-5230 (REMS-0006)
Ordinance No.
An 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 PubliGPrivate 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 okon space
that is important for the protection of sensitive natural features and allows for development I
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
N
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: r
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 Comer 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°3439"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 Recorders 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.
Ordinance No.
Page 2
Section It. Zoning Mao. 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 day of , 2025
Mayor
Attest:
City Clerk
Approved by
City Attorney's Office
N
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0110
NOTICE OF PUBLIC HEARING
NOTICE OF PUBLIC HEARING ON PROJECT MANUAL
AND ESTIMATED COST FOR THE 2025 WATER
PAVEMENT PATCHING PROJECT IN THE CITY OF
IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA CITY,
IOWA, AND TO OTHER INTERESTED PERSONS:
Public notice is hereby given that the City Council of the
City of Iowa City, Iowa, will conduct a public hearing on the
Project Manual, including the plans, specifications, contract,
and estimated cost for the construction of the 2025 Water
Pavement Patching Project in said city at 6:00 p.m. on the
3rtl day of June, 2025, said meeting to be held in the Emma
J. Harvat Hall in the City Hall, 410 East Washington Street
in said city, or if said meeting is cancelled, at the next
meeting of the City Council thereafter as posted by the City
Clerk.
This project includes pavement repairs associated with
water main breaks on various streets throughout Iowa City.
Some locations will also require the removal and
replacement of driveway, sidewalk, and/or curb and gutter.
Said Project Manual and estimated cost are now on file
in the office of the City Clerk in the City Hall in Iowa City,
Iowa, and may be inspected by any interested persons.
Any interested persons may appear at said meeting of
the City Council for the purpose of making objections to and
comments concerning said Project Manual or the cost of
making said improvement.
This notice is given by order of the City Council of
the City of Iowa City, Iowa and as provided by law.
Kellie K. Grace, City Clerk
FILED
MAY 16 2025
City Cierh
Iowa City, Iowa