HomeMy WebLinkAboutORD 25-4962 & CZA - Rezoning N. Dubuque Rd (REZ24-0013)- PUBLISH 09-11-25 Ordinance No. 25-4962 Ordinance conditionally rezoning approximately 22.5 acres of property located east of N. Scott Blvd along N. Dubuque Road from Rural Residential (RR-1) zone, Low Density Single-Family Residential (RS-5)
zone, RS-5 with a Planned Development Overlay, Research Development
Park (RDP) zone, and Interim Development Single-Family Residential (ID-
RS) zone to Mixed Use (MU) zone. (REZ24-0013)
Whereas, JNB Iowa City, LLC has requested the rezoning of property located east of N. Scott Blvd along N. Dubuque Rd from Rural Residential (RR-1) zone, Low Density Single-Family Residential (RS-5) zone, RS-5 with a Planned Development Overlay, Research Development Park
(RDP) zone, and 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 uses consistent with Mixed Use and Public/Private Open Space; and
Whereas, the property has never been platted and the rezoning allows for increased development potential and creates a public need to subdivide the property to ensure an interconnected street and block network prior to the issuance of any building permit for the
construction of new buildings or additions to existing buildings; and Whereas, the rezoning creates a public need to verify that the existing street and sanitary sewer infrastructure can accommodate the increased development by ensuring that the N. Dubuque Rd. between N. Scott Blvd and ACT Dr. meets City standards for a 28-foot wide street with curb and gutter and sidewalks as determined by the City Engineer, and a flow study is prepared to ensure that the full length of the North Branch of the Northeast Trunk sewer to its point of Connection with the North Branch Dam Trunk Sewer has the capacity to support the full
buildout of the area being rezoned; and Whereas, due to the increased development potential the rezoning also creates a public need to provide a transition from existing residential uses by ensuring that any commercial use that abuts residential zones must include a 30’ wide landscaped buffer strip landscaped according to the plan approved by the City Forester; and that commercial development shall require full cut off
light fixtures, allowing no light to be emitted above 90 degrees; and Whereas, the Planning and Zoning Commission has determined that, with reasonable conditions regarding the approval of a preliminary and final plat, ensuring that the streets meet City standards and are upgraded as determined by the City Engineer, and the existing sewer system has capacity to support the rezoned area, and commercial uses that abut residential zones include a landscaped buffer strip, and that commercial uses incorporate fully cuts off light fixtures, 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, JNB Iowa City, 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:
Auditor’s Parcel 2005109, Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 52, page 144, Plat Records of Johnson County, Iowa.
As well as
Commencing at the E ¼ corner of Section 2, Township 79 North, Range 6 West of the 5th P.M., Johnson County, Iowa; Thence West on the ¼ Section line 609.0 feet to the Point of Beginning; Thence North 669.5 feet to the South side of the Old Solon Road also known as Dubuque Road as shown by the plat recorded in Plat Book 4, page 160 in the Office of the County Recorder of Johnson County, Iowa; Thence Westerly on said south side to the West Line of the SE ¼, NE ¼ of said section, which point is 67.5 feet south of a R.O.W. Rail. Thence South on said West line 710.8 feet to a corner post; Thence East 710.3 feet to the Point of Beginning. Said tract is subject to roads and easements of record and contains 11.2 acres more or less together with that part of the South 1/2 of Old Solon Road, also known as Dubuque Road, lying immediately North of the above-described tract.
Excepting therefrom: Commencing at a set 5/8" rebar marking the East 1/4 corner of Section 2, T79N, R6W of the 5th
P.M. in the City of Iowa City, Iowa; thence S86°55'47"W - 604.75 feet (for the purpose of this description, the East line of the SE 1/4 is assumed to bear N01°15'42"W) to a found 5/8" rebar; thence S87°42'41"W - 707.42 feet to a found 5/8" rebar; thence N01°34'03"E - 667.84 feet to a
set 5/8" rebar and the Point of Beginning; thence N01°34'03"E - 30.97 feet to a set 5/8" rebar on the existing Southerly R.O.W. line of Dubuque Road; thence Southeasterly along the said existing R.O.W. line 71.19 feet along a 606.00 foot radius curve concave Northeasterly which chord bears S85°25'54"E - 71.15 feet to a set 5/8" rebar; thence S88°47'49"E - 136.38 feet along said existing R.O.W. line to a set 5/8" rebar; thence Southwesterly 204.34 feet along a 817.00 foot radius curve concave Southeasterly which chord bears S84°02'18"W - 203.80 feet to a set 5/8" rebar; thence S76°52'24"W - 5.56 feet to the Point of Beginning. And A part of the Southwest corner of real estate described in Warranty Deed in Book 427, Page 343,
at the office of the Recorder of Johnson County, Iowa, more particularly described as follows: Commencing at a set 5/8" rebar making the East ¼ corner of Section 2, T79N, R6W of the 5th P.M. in Iowa City, Iowa; thence S86°55'47"W - 604.75 feet (for the purpose of this description,
the East line of the SE 1/4 is assumed to bear N01°15'42"W) to a found 5/8" rebar; thence S87°42'41"W- 707.42feet to a found 5/8" rebar and the Point of Beginning; thence N01°34'03"E- 102.32 feet to a set 5/8" rebar; thence Southeasterly106.33 feet along a 933.00 food radius curve
concave Northeasterly which chord bears S18°24"30"E - 106.27 feet to a 5/8" rebar; thence S87°42'41"W -36.39 feet to the Point of Beginning. Owner is also the legal title holder of the property legally described as: Commencing at the East quarter corner of Section 2, Township 79 North, Range 6 West of the 5th P.M.; thence S86°55'47"W - 604.75 feet (for the purpose of this description, the East line of the SE quarter is assumed to bear N01°15'42"W); thence S87°42'41"W - 707.42 feet; thence N01°34'03"E - 102.32 feet to the Point of Beginning; thence Northwesterly 32.89 feet along a 933.50 foot radius curve concave Northeasterly the chord of which bears N14°08'09"W - 32.89 feet: thence N13°07'36"W - 514.14 feet; thence N76°52'24"E - 144.03 feet; thence S01°34'03"W-
565.52 feet to the Point of Beginning.
And
Lot 1, Larson Subdivision, Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 61, Page 201, Plat Records of Johnson County, Iowa.
As well as Beginning at a point which is 1304.1 feet south 0 degrees 27 minutes east and 494 feet west of the northeast corner of Section 2, in Township 79 North, Range 6 West of the 5th P.M., thence south 55 degrees 32 minutes west to the north side of Old Solon Road as shown by the plat recorded in Plat Book 4, Page 160, in the office of the County Recorder of Johnson County, Iowa, thence easterly along the north side of said Old Solon Road to a point that is 1 degree 49 minutes west of the point of beginning, thence north 1 degree 49 minutes east to the point of beginning. Excepting therefrom those portions described as Auditor’s Parcel 2003049 and 2004033 according to the Plats of Survey recorded in Book 47, Page 140 and Book 48, Page 25, Plat
Records of Johnson County, Iowa. Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein, property described below is hereby classified Mixed Use (MU) zone, as indicated:
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. 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 in accordance with Iowa Code Chapter 380.
Passed and approved this 2nd day of September 2025.
s/Bruce Teague, Mayor Attest:s/ Kellie Grace, City Clerk *Submitted to publish on 09/11/2025
Conditional Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"),
JNB Iowa City, LLC. (hereinafter referred to as "Owner”).
Whereas, Owner is the legal title holder of approximately 22.5 acres of property located east of N. Scott Blvd along N. Dubuque Road legally described below; and
Whereas, the Owner has requested the rezoning of said property legally described below from Rural
Residential (RR-1) zone, Low Density Single-Family Residential (RS-5) zone, RS-5 with a Planned Development Overlay, Research Development Park (RDP) zone, and Interim Development Single-Family
Residential (ID-RS) zone to Mixed Use (MU) zone; and
Whereas, the property has never been platted and the rezoning allows for increased development potential and creates a public need to subdivide the property to ensure an interconnected street and block system prior to the issuance of any building permit for the construction of new buildings or additions to existing buildings; and
Whereas, the rezoning creates a public need to ensure that N. Dubuque Rd. between N. Scott Blvd
and ACT Dr. meets City standards for a 28-foot wide street with curb and gutter and sidewalks as determined by the City Engineer, and a flow study is prepared to ensure that the full length of the North Branch of the Northeast Trunk sewer to its point of Connection with the North Branch Dam Trunk Sewer has the capacity to support the full buildout of the area being rezoned; and
Whereas, any commercial use that abuts residential zones must include a 30’ wide landscaped buffer strip landscaped according to the plan approved by the City Forester; and that commercial development shall require full cut off light fixtures, allowing no light to be emitted above 90 degrees; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions
regarding the approval of a preliminary and final plat, ensuring that the streets meet City standards and are upgraded as determined by the City Engineer, and the existing sewer system has capacity to support the rezoned area, and commercial use that abuts residential zones includes a landscaped buffer strip plan as determined by the City Forester, and the commercial requirement fully cuts off light fixtures, and 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 holder of the property legally described as: Auditor’s Parcel 2005109, Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 52, page 144, Plat Records of Johnson County, Iowa. As well as Commencing at the E ¼ corner of Section 2, Township 79 North, Range 6 West of the 5th P.M., Johnson County, Iowa; Thence West on the ¼ Section line 609.0 feet to the Point of Beginning; Thence North 669.5 feet to the South side of the Old Solon Road also known as Dubuque Road as shown by the plat recorded in Plat Book 4, page 160 in the Office of the County Recorder of Johnson County, Iowa; Thence Westerly on said south side to the West Line of the SE ¼, NE ¼ of said section, which point is 67.5 feet south of a R.O.W. Rail. Thence South on said West line 710.8 feet to a corner post; Thence East 710.3 feet to the Point of Beginning. Said tract is subject to roads and easements of record and contains 11.2 acres more or
less together with that part of the South 1/2 of Old Solon Road, also known as Dubuque Road, lying immediately North of the above-described tract. Excepting therefrom: Commencing at a set 5/8" rebar marking the East 1/4 corner of Section 2, T79N, R6W of the 5th P.M. in
the City of Iowa City, Iowa; thence S86°55'47"W - 604.75 feet (for the purpose of this description, the East line of the SE 1/4 is assumed to bear N01°15'42"W) to a found 5/8" rebar; thence S87°42'41"W - 707.42 feet to a found 5/8" rebar; thence N01°34'03"E - 667.84 feet to a set 5/8" rebar and the Point of Beginning; thence N01°34'03"E - 30.97 feet to a set 5/8" rebar on the existing Southerly R.O.W. line of Dubuque Road;
thence Southeasterly along the said existing R.O.W. line 71.19 feet along a 606.00 foot radius curve concave Northeasterly which chord bears S85°25'54"E - 71.15 feet to a set 5/8" rebar; thence S88°47'49"E
- 136.38 feet along said existing R.O.W. line to a set 5/8" rebar; thence Southwesterly 204.34 feet along a 817.00 foot radius curve concave Southeasterly which chord bears S84°02'18"W - 203.80 feet to a set 5/8" rebar; thence S76°52'24"W - 5.56 feet to the Point of Beginning.
And
A part of the Southwest corner of real estate described in Warranty Deed in Book 427, Page 343, at the office of the Recorder of Johnson County, Iowa, more particularly described as follows: Commencing at a
set 5/8" rebar making the East ¼ corner of Section 2, T79N, R6W of the 5th P.M. in Iowa City, Iowa; thence S86°55'47"W - 604.75 feet (for the purpose of this description, the East line of the SE 1/4 is assumed to
bear N01°15'42"W) to a found 5/8" rebar; thence S87°42'41"W- 707.42feet to a found 5/8" rebar and the Point of Beginning; thence N01°34'03"E- 102.32 feet to a set 5/8" rebar; thence Southeasterly106.33 feet
along a 933.00 food radius curve concave Northeasterly which chord bears S18°24"30"E - 106.27 feet to a 5/8" rebar; thence S87°42'41"W -36.39 feet to the Point of Beginning.
Owner is also the legal title holder of the property legally described as:
Commencing at the East quarter corner of Section 2, Township 79 North, Range 6 West of the 5th P.M.;
thence S86°55'47"W - 604.75 feet (for the purpose of this description, the East line of the SE quarter is assumed to bear N01°15'42"W); thence S87°42'41"W - 707.42 feet; thence N01°34'03"E - 102.32 feet to
the Point of Beginning; thence Northwesterly 32.89 feet along a 933.50 foot radius curve concave Northeasterly the chord of which bears N14°08'09"W - 32.89 feet: thence N13°07'36"W - 514.14 feet;
thence N76°52'24"E - 144.03 feet; thence S01°34'03"W- 565.52 feet to the Point of Beginning.
And
Lot 1, Larson Subdivision, Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 61, Page 201, Plat Records of Johnson County, Iowa.
As well as
Beginning at a point which is 1304.1 feet south 0 degrees 27 minutes east and 494 feet west of the northeast
corner of Section 2, in Township 79 North, Range 6 West of the 5th P.M., thence south 55 degrees 32 minutes west to the north side of Old Solon Road as shown by the plat recorded in Plat Book 4, Page 160,
in the office of the County Recorder of Johnson County, Iowa, thence easterly along the north side of said Old Solon Road to a point that is 1 degree 49 minutes west of the point of beginning, thence north 1 degree 49 minutes east to the point of beginning.
Excepting therefrom those portions described as Auditor’s Parcel 2003049 and 2004033 according to the Plats of Survey recorded in Book 47, Page 140 and Book 48, Page 25, Plat Records of Johnson County,
Iowa. 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 building permits for the construction of new buildings or additions to existing buildings, the subject property shall go through the subdivision process and obtain approval of a preliminary and final plat.
b. Prior to final plat approval, owner shall submit construction drawings demonstrating that N. Dubuque Rd. between N. Scott Blvd. and ACT Dr. meet City standards for a 28-foot-wide
street with curb and gutter and sidewalks. Drawings shall be reviewed and approved by the City Engineer. Owner shall install improvements prior to issuance of a building permit.
c. Prior to final plat approval, owner shall prepare a flow study for the full length of the North Branch of the Northeast Trunk sewer to its point of connection with the North Branch Dam Trunk Sewer. If any of the existing sections of the North Branch of the Northeast Trunk sewer do not have the capacity to support the full buildout of the area hereby rezoned,
upgrades will need to be made and accepted by the City prior to the issuance of any building permits. d. A site plan must show landscaped buffer strips in any commercial use that abuts residential zones prior to approval of that site plan. These strips shall be located on the commercial property, shall be 30’ wide, shall be located in areas that abut residential zones, and shall be landscaped according to the plan that is approved by the City Forester. The landscaping plan shall meet the S3 standards and include a mixture of deciduous and evergreen trees that will be at least 30’ tall upon
maturity. e. Commercial uses shall include full cut off light fixtures (i.e. no light shall be emitted above 90 degrees). 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 unless and until released of record by the City 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 2nd day of September 2025. City of Iowa City s/Bruce Teague, Mayor Attest:s/Kellie Grace, City Clerk JNB Iowa City, LLC
By: s/Steve Long, Member *Submitted to publish on 09/11/2025